[House Report 108-617]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-617
======================================================================
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004
_______
July 20, 2004.--Ordered to be printed
_______
Mr. Young of Alaska, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2443]
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to 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 met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Coast Guard and
Maritime Transportation Act of 2004''.
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. Indemnity for disabling 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 ages for retention in an active status.
Sec. 210. Travel card management.
Sec. 211. Coast Guard fellows and detailees.
Sec. 212. Long-term lease of special use real property.
Sec. 213. National Coast Guard Museum.
Sec. 214. Limitation on number of commissioned officers.
Sec. 215. Redistricting notification requirement.
Sec. 216. Report on shock mitigation standards.
Sec. 217. Recommendations to Congress by Commandant of the Coast Guard.
Sec. 218. Coast Guard education loan repayment program.
Sec. 219. Contingent expenses.
Sec. 220. Reserve admirals.
Sec. 221. Confidential investigative expenses.
Sec. 222. Innovative construction alternatives.
Sec. 223. Delegation of port security authority.
Sec. 224. Fisheries enforcement plans and reporting.
Sec. 225. Use of Coast Guard and military child development centers.
Sec. 226. Treatment of property owned by auxiliary units and dedicated
solely for auxiliary use.
TITLE III--NAVIGATION
Sec. 301. Marking of underwater wrecks.
Sec. 302. Use of electronic devices; cooperative agreements.
Sec. 303. Inland navigation rules promulgation authority.
Sec. 304. Saint Lawrence Seaway.
TITLE IV--SHIPPING
Sec. 401. Reports from charterers.
Sec. 402. Removal of mandatory revocation for proved drug convictions in
suspension and revocation cases.
Sec. 403. Records of merchant mariners' documents.
Sec. 404. Exemption of unmanned barges from certain citizenship
requirements.
Sec. 405. Compliance with International Safety Management Code.
Sec. 406. Penalties.
Sec. 407. Revision of temporary suspension criteria in document
suspension and revocation cases.
Sec. 408. Revision of bases for document suspension and revocation
cases.
Sec. 409. Hours of service on towing vessels.
Sec. 410. Electronic charts.
Sec. 411. Prevention of departure.
Sec. 412. Service of foreign nationals for maritime educational
purposes.
Sec. 413. Classification societies.
Sec. 414. Drug testing reporting.
Sec. 415. Inspection of towing vessels.
Sec. 416. Potable water.
Sec. 417. Transportation of platform jackets.
Sec. 418. Renewal of advisory groups.
TITLE V--FEDERAL MARITIME COMMISSION
Sec. 501. Authorization of appropriations for Federal Maritime
Commission.
Sec. 502. Report on ocean shipping information gathering efforts.
TITLE VI--MISCELLANEOUS
Sec. 601. Increase in civil penalties for violations of certain bridge
statutes.
Sec. 602. Conveyance of decommissioned Coast Guard cutters.
Sec. 603. Tonnage measurement.
Sec. 604. Operation of vessel STAD AMSTERDAM.
Sec. 605. Great Lakes National Maritime Enhancement Institute.
Sec. 606. Koss Cove.
Sec. 607. Miscellaneous certificates of documentation.
Sec. 608. Requirements for coastwise endorsement.
Sec. 609. Correction of references to National Driver Register.
Sec. 610. Wateree River.
Sec. 611. Merchant mariners' documents pilot program.
Sec. 612. Conveyance.
Sec. 613. Bridge administration.
Sec. 614. Sense of Congress regarding carbon monoxide and watercraft.
Sec. 615. Mitigation of penalty due to avoidance of a certain condition.
Sec. 616. Certain vessels to be tour vessels.
Sec. 617. Sense of Congress regarding timely review and adjustment of
Great Lakes pilotage rates.
Sec. 618. Westlake chemical barge documentation.
Sec. 619. Correction to definition.
Sec. 620. LORAN-C.
Sec. 621. Deepwater report.
Sec. 622. Judicial review of National Transportation Safety Board final
orders.
Sec. 623. Interim authority for dry bulk cargo residue disposal.
Sec. 624. Small passenger vessel report.
Sec. 625. Conveyance of motor lifeboat.
Sec. 626. Study on routing measures.
Sec. 627. Conveyance of light stations.
Sec. 628. Waiver.
Sec. 629. Approval of modular accommodation units for living quarters.
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.
Sec. 704. Oil Spill Recovery Institute.
Sec. 705. Alternatives.
Sec. 706. Authority to settle.
Sec. 707. Report on implementation of the Oil Pollution Act of 1990.
Sec. 708. Loans for fishermen and aquaculture producers impacted by oil
spills.
TITLE VIII--MARITIME TRANSPORTATION SECURITY
Sec. 801. Enforcement.
Sec. 802. In rem liability for civil penalties and costs.
Sec. 803. Maritime information.
Sec. 804. Maritime transportation security grants.
Sec. 805. Security assessment of waters under the jurisdiction of the
United States.
Sec. 806. Membership of Area Maritime Security Advisory Committees.
Sec. 807. Joint operational centers for port security.
Sec. 808. Investigations.
Sec. 809. Vessel and intermodal security reports.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year
2005 for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast
Guard, $5,404,300,000, of which $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.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, $1,500,000,000, of which--
(A) $23,500,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990), to remain available
until expended;
(B) $1,100,000,000 is authorized for
acquisition and construction of shore and
offshore facilities, vessels, and aircraft,
including equipment related thereto, and other
activities that constitute the Integrated
Deepwater System; and
(C) $161,000,000 shall be available for
Rescue 21.
(3) For research, development, test, and evaluation
of technologies, materials, and human factors directly
relating to improving the performance of the Coast
Guard's mission in search and rescue, aids to
navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness, $24,200,000, to remain available until
expended, of which $3,500,000 shall be derived fromthe
Oil Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed
appropriations for this purpose), payments under the
Retired Serviceman's Family Protection and Survivor
Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10, United States Code, $1,085,460,000, to remain
available until expended.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge
Alteration Program, $19,650,000, of which--
(A) $17,150,000, to remain available until
expended; and
(B) $2,500,000, to remain available until
expended, which may be utilized for
construction of a new Chelsea Street Bridge
over the Chelsea River in Boston,
Massachusetts.
(6) For environmental compliance and restoration at
Coast Guard facilities (other than parts and equipment
associated with operation and maintenance),
$17,000,000, to remain available until expended.
(7) For maintenance and operation of facilities,
supplies, equipments, and services necessary for the
Coast Guard Reserve, as authorized by law,
$117,000,000.
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 for
the years ending on September 30, 2004, and September 30, 2005.
(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 2005, 2,500 student years.
(2) For flight training for fiscal year 2005, 125
student years.
(3) For professional training in military and
civilian institutions for fiscal year 2005, 350 student
years.
(4) For officer acquisition for fiscal year 2005,
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. INDEMNITY FOR DISABLING 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--
(A) inserting ``or military aircraft''
after ``surface naval vessel''; and
(B) 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.
(d) Report.--The Commandant of the Coast Guard shall
transmit a report annually to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives describing the location, vessels or aircraft,
circumstances, and consequences of each incident in the 12-
month period covered by the report in which the person in
command or in charge of an authorized vessel or an authorized
aircraft (as those terms are used in section 637 of title 14,
United States Code) fired at or into a vessel without prior use
of the warning signal as authorized by that section.
(e) Technical Correction.--
(1) Correction.--Section 637 of title 14, United
States Code, is amended in the section heading by
striking ``immunity'' and inserting ``indemnity''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 17 of title 14, United States
Code, is amended by striking the item relating to
section 637 and inserting the following:
``637. Stopping vessels; indemnity for firing at or into vessel.''.
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, subject
to the availability of appropriations, 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 States Code, is amended--
(1) in the heading by striking ``Project'' and
inserting ``Projects'';
(2) in paragraph (1) by striking ``a demonstration
project'' and inserting ``demonstration projects'';
(3) in paragraph (1) by striking ``Kodiak,
Alaska;'' and inserting ``Kodiak, Alaska, or any other
Coast Guard installation in Alaska;'';
(4) in paragraph (2) by striking ``the
demonstration project'' and inserting ``such a
demonstration project''; and
(5) in paragraph (4) by striking ``the
demonstration project'' and inserting ``such
demonstration projects''.
(e) Differential Lease Payments.--Chapter 18 of title 14,
United States Code, is amended by inserting after section 687
the following:
``Sec. 687a. Differential lease payments
``Pursuant to an agreement entered into by the Secretary
and a lessor of military family housing or military
unaccompanied housing to members of the armed forces, the
Secretary may pay the lessor an amount, in addition to the
rental payments for the housing made by the members, as the
Secretary determines appropriate to encourage the lessor to
make the housing available to members of the armed forces as
military family housing or as military unaccompanied
housing.''.
(f) Clerical Amendment.--The table of sections at the
beginning of chapter 18 of title 14, United States Code, is
amended--
(1) by striking the item related to section 682 and
inserting the following:
``682. Direct loans and loan guarantees.'';
(2) in the item related to section 684 by striking
``nongovernmental'' and inserting ``eligible''; and
(3) by inserting after the item related to section
687 the following:
``687a. Differential lease payments.''.
SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT.
Section 727 of title 14, United States Code, is amended in
the second sentence by striking ``three years'' and inserting
``one year''.
SEC. 209. MAXIMUM AGES FOR RETENTION IN AN ACTIVE STATUS.
Section 742 of title 14, United States Code, is amended to
read as follows:
``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 60 years
of age unless on active duty. If not qualified for retirement,
a Reserve officer shall be discharged effective upon the day
the officer becomes 60 years of age unless on active duty.
``(b) A Reserve officer on active duty shall, if qualified,
be retired effective upon the day the officer becomes 62 years
of age. If not qualified for retirement, a Reserve officer on
active duty shall be discharged effective upon the day the
officer becomes 62 years of age.
``(c) Notwithstanding subsection (a) and (b), the Secretary
may authorize the retention of a Reserve rear admiral or rear
admiral (lower half) in an active status not longer than the
day on which the officer concerned becomes 64 years of age.
``(d) For purposes of this section, `active duty' does not
include active duty for training, duty on a board, or duty of a
limited or temporary nature if assigned to active duty from an
inactive duty status.''.
SEC. 210. TRAVEL CARD MANAGEMENT.
(a) In General.--Chapter 13 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 517. Travel card management
``(a) In General.--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) Withholding of Nondisputed Obligations.--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) Conforming Amendment.--The chapter analysis for chapter
13 of title 14, United States Code, is amended by inserting
after the item relating to section 516 the following:
``517. Travel card management''.
SEC. 211. COAST GUARD FELLOWS AND DETAILEES.
The Secretary of the department in which the Coast Guard is
operating, in consultation with the Attorney General, shall by
not later than 6 months after the date of the enactment of this
Act--
(1) review the Coast Guard Commandant Instruction
5730.3, regarding congressional detailees (COMDTINST
5370.3), dated April 18, 2003, and compare the
standards set forth in the instruction to the standards
applied by other executive agencies to congressional
detailees;
(2) determine if any changes to such instruction
are necessary to protect against conflicts of interest
and preserve the doctrine of separation of powers; and
(3) submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives on the findings and
conclusions of the review.
SEC. 212. LONG-TERM LEASE OF SPECIAL USE REAL PROPERTY.
(a) In General.--Section 672 of title 14, United States
Code, is amended by--
(1) striking the heading and inserting the
following:
``Sec. 672. Long-term lease of special purpose facilities'';
(2) in subsection (a), inserting ``special purpose
facilities, including,'' after ``automatic renewal
clauses, for'' ; and
(3) striking ``(b) The'' and inserting:
``(b) For purposes of this section, the term `special
purpose facilities' means any facilities used to carry out
Coast Guard aviation, maritime, or navigation missions other
than general purpose office and storage space facilities.
``(c) In the case of ATON, VTS, or NDS sites, the''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 17, United States Code, is amended by
striking the item relating to section 672 and inserting the
following:
``672. Long-term lease of special purpose facilities.''.
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 may establish a
National Coast Guard Museum, on lands which will be federally
owned and administered by the Coast Guard, and are located in
New London, Connecticut, at, or in close proximity to, the
Coast Guard Academy.
``(b) Limitation on Expenditures.--(1) Except as provided
in paragraph (2), the Secretary shall not expend any
appropriated Federal funds for the engineering, design, or
construction of any museum established under this section.
``(2) The Secretary shall fund the operation and
maintenance of the National Coast Guard Museum with
nonappropriated and non-Federal funds to the maximum extent
practicable. The priority use of Federal operation and
maintenance funds should be to preserve and protect historic
Coast Guard artifacts.
``(c) Funding Plan.--Before the date on which the
Commandant establishes a museum under subsection (a), the
Commandant shall provide to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a plan for constructing, operating, and
maintaining such a museum, including--
``(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
``(2) the extent to which appropriated,
nonappropriated, and non-Federal funds will be used for
such purposes, including the extent to which there is
any shortfall in funding for engineering, design, or
construction; and
``(3) a certification by the Inspector General of
the department in which the Coast Guard is operating
that the estimates provided pursuant to paragraphs (1)
and (2) are reasonable and realistic.
``(d) Authority.--The Commandant may not establish a Coast
Guard museum except as set forth in this section.''.
(b) Clerical Amendment.--The chapter analysis 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.
Section 42 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``6,200'' and
inserting ``6,700 in each fiscal year 2004, 2005, and
2006''; and
(2) in subsection (b), by striking ``commander
12.0; lieutenant commander 18.0'' and inserting
``commander 15.0; lieutenant commander 22.0''.
SEC. 215. REDISTRICTING NOTIFICATION REQUIREMENT.
The Commandant shall notify the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate 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) permanently transferring more than 10 percent
of the personnel or equipment from a district office
where such personnel or equipment is based.
SEC. 216. REPORT ON SHOCK MITIGATION STANDARDS.
(a) Report Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Commandant of the Coast
Guard shall issue a report on the necessity of, and possible
standards for, decking materials for Coast Guard vessels to
mitigate the adverse effects on crew members from shock and
vibration.
(b) Recommended Standards.--The standards recommended in
the report may--
(1) incorporate appropriate industry or
manufacturing standards; and
(2) consider the weight and durability of decking
material, the effects of repeated use and varying
weather conditions, and the capability of decking
material to lessen impact.
SEC. 217. RECOMMENDATIONS TO CONGRESS BY COMMANDANT OF THE COAST GUARD.
Section 93 of title 14, United States Code, is amended--
(1) in paragraph (w) by striking ``and'' after the
semicolon at the end;
(2) in paragraph (x) by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(y) after informing the Secretary, make such
recommendations to the Congress relating to the Coast
Guard as the Commandant considers appropriate.''.
SEC. 218. COAST GUARD EDUCATION LOAN REPAYMENT PROGRAM.
(a) Program Authorized.--Chapter 13 of title 14, United
States Code, is amended by inserting after section 471 the
following:
``Sec. 472. Education loan repayment program
``(a)(1) Subject to the provisions of this section, the
Secretary may repay--
``(A) any loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.);
``(B) any loan made under part D of such title (the
William D. Ford Federal Direct Loan Program, 20 U.S.C.
1087a et seq.); or
``(C) any loan made under part E of such title (20
U.S.C. 1087aa et seq.).
Repayment of any such loan shall be made on the basis of each
complete year of service performed by the borrower.
``(2) The Secretary may repay loans described in paragraph
(1) in the case of any person for service performed on active
duty as an enlisted member of the Coast Guard in a specialty
specified by the Secretary.
``(b) The portion or amount of a loan that may be repaid
under subsection (a) is 33\1/3\ percent or $1,500, whichever is
greater, for each year of service.
``(c) If a portion of a loan is repaid under this section
for any year, interest on the remainder of such loan shall
accrue and be paid in the same manner as is otherwise required.
``(d) Nothing in this section shall be construed to
authorize refunding any repayment of a loan.
``(e) The Secretary shall, by regulation, prescribe a
schedule for the allocation of funds made available to carry
out this section during any year for which funds are not
sufficient to pay the sum of the amounts eligible for repayment
under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 13 of title 14, United States Code, is
amended by inserting after the item relating to section 471 the
following:
``472. Education loan repayment program.''.
SEC. 219. CONTINGENT EXPENSES.
Section 476 of title 14, United States Code, is amended--
(1) by striking ``$7,500'' and inserting
``$50,000''; and
(2) by striking the second sentence.
SEC. 220. RESERVE ADMIRALS.
(a) Precedence.--Section 725 of title 14, United States
Code, is amended by adding at the end the following:
``(d) Notwithstanding any other law, a Reserve officer
shall not lose precedence by reason of promotion to the grade
of rear admiral or rear admiral (lower half), if the promotion
is determined in accordance with a running mate system.
``(e) The Secretary shall adjust the date of rank of a
Reserve officer so that no changes of precedence occur.''.
(b) Promotion.--Section 736(b) of title 14, United States
Code, is amended to read as follows:
``(b) Notwithstanding any other provision of law and
subject to subsection (c), if promotion of an inactive duty
promotion list officer to the grade of rear admiral or rear
admiral (lower half) is determined in accordance with a running
mate system, a reserve officer, if acceptable to the President
and the Senate, shall be promoted to the next higher grade no
later than the date the officer's running mate is promoted.''.
(c) Date of Appointment.--Section 736(c) of title 14,
United States Code, is amended by striking ``of subsection
(a)''.
(d) Maximum Service.--Section 743 of title 14, United
States Code, is amended to read as follows:
``Sec. 743. Rear admiral and rear admiral (lower half); maximum service
in grade
``(a) Unless retained in or removed from an active status
under any other law, a reserve rear admiral or rear admiral
(lower half) shall be retired on July 1 of the promotion year
immediately following the promotion year in which that officer
completes 4 years of service after the appointment of the
officer to rear admiral (lower half).
``(b) Notwithstanding any other provision of law, if
promotion of inactive duty promotion list officers to the grade
of rear admiral is not determined in accordance with a running
mate system, a Reserve officer serving in an active status in
the grade of rear admiral (lower half) shall be promoted to the
grade of rear admiral, if acceptable to the President and the
Senate, on the date the officer has served 2 years in an active
status in grade of rear admiral (lower half), or in the case of
a vacancy occurring prior to having served 2 years in an active
status, on the date the vacancy occurs, if the officer served
at least 1 year in an active status in the grade of rear
admiral (lower half).''.
SEC. 221. CONFIDENTIAL INVESTIGATIVE EXPENSES.
Section 658 of title 14, United States Code, is amended by
striking ``$15,000 per annum'' and inserting ``$45,000 each
fiscal year''.
SEC. 222. INNOVATIVE CONSTRUCTION ALTERNATIVES.
The Commandant of the Coast Guard may consult with the
Office of Naval Research and other Federal agencies with
research and development programs that may provide innovative
construction alternatives for the Integrated Deepwater System.
SEC. 223. DELEGATION OF PORT SECURITY AUTHORITY.
The undesignated text following paragraph (b) of the second
unnumbered paragraph of section 1 of title II of the Act of
June 15, 1917 (chapter 30; 40 Stat. 220; 50 U.S.C. 191) is
amended by adding at the beginning the following: ``The
President may delegate the authority to issue such rules and
regulations to the Secretary of the department in which the
Coast Guard is operating.''.
SEC. 224. FISHERIES ENFORCEMENT PLANS AND REPORTING.
(a) Fisheries Enforcement Plans.--In preparing the Coast
Guard's annual fisheries enforcement plan, the Commandant of
the Coast Guard shall consult with the Under Secretary of
Commerce for Oceans and Atmosphere and with State and local
enforcement authorities.
(b) Fishery Patrols.--Prior to undertaking fisheries
patrols, the Commandant of the Coast Guard shall notify the
Under Secretary of Commerce for Oceans and Atmosphere and
appropriate State and local enforcement authorities of the
projected dates for such patrols.
(c) Annual Summary.--The Commandant of the Coast Guard
shall prepare and make available to the Under Secretary of
Commerce for Oceans and Atmosphere, State and local enforcement
entities, and other relevant stakeholders, an annual summary
report of fisheries enforcement activities for the preceding
year, including a summary of the number of patrols, law
enforcement actions taken, and resource hours expended.
SEC. 225. USE OF COAST GUARD AND MILITARY CHILD DEVELOPMENT CENTERS.
The Secretary of Defense and the Secretary of the
department in which the Coast Guard is operating, when
operating other than as a service in the Navy, may agree to
provide child care services to members of the armed forces,
with reimbursement, in Coast Guard and military child
development centers supported in whole or in part with
appropriated funds. For purposes of military child development
centers operated under the authority of subchapter II of
chapter 88 of title 10, United States Code, the child of a
member of the Coast Guard shall be considered the same as the
child of a member of any of the other armed forces.
SEC. 226. TREATMENT OF PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED
SOLELY FOR AUXILIARY USE.
Section 821 of title 14, United States Code, is amended by
adding at the end the following:
``(d)(1) Except as provided in paragraph (2), personal
property of the auxiliary shall not be considered property of
the United States.
``(2) The Secretary may treat personal property of the
auxiliary as property of the United States--
``(A) for the purposes of--
``(i) the statutes and matters referred to
in paragraphs (1) through (6) of subsection
(b); and
``(ii) section 641 of this title; and
``(B) as otherwise provided in this chapter.
``(3) The Secretary may reimburse the Auxiliary, and each
organizational element and unit of the Auxiliary, for necessary
expenses of operation, maintenance, and repair or replacement
of personal property of the Auxiliary.
``(4) In this subsection, the term `personal property of
the Auxiliary' means motor boats, yachts, aircraft, radio
stations, motorized vehicles, trailers, or other equipment that
is under the administrative jurisdiction of the Coast Guard
Auxiliary or an organizational element or unit of the Auxiliary
and that is used solely for the purposes described in this
subsection.''.
TITLE III--NAVIGATION
SEC. 301. MARKING OF UNDERWATER WRECKS.
Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33
U.S.C. 409) is amended--
(1) by striking ``day and a lighted lantern'' in
the second sentence inserting ``day and, unless
otherwise granted a waiver by the Commandant of the
Coast Guard, a light''; and
(2) by adding at the end ``The Commandant of the
Coast Guard may waive the requirement to mark a wrecked
vessel, raft, or other craft with a light at night if
the Commandant determines that placing a light would be
impractical and granting such a waiver would not create
an undue hazard to navigation.''.
SEC. 302. 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 vessels of electronic
or other devices that interfere with communication and
navigation equipment, except that such authority shall
not apply to electronic or other devices certified to
transmit in the maritime services by the Federal
Communications Commission and used within the frequency
bands 157.1875-157.4375 MHz and 161.7875-162.0375
MHz.''; 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.
SEC. 304. SAINT LAWRENCE SEAWAY.
Section 3(2) of the Ports and Waterways Safety Act (33
U.S.C. 1222(2)) is amended by inserting ``, except that
`Secretary' means the Secretary of Transportation with respect
to the application of this Act to the Saint Lawrence Seaway''
after ``in which the Coast Guard is operating''.
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. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG CONVICTIONS
IN SUSPENSION AND REVOCATION CASES.
Section 7704(b) of title 46, United States Code, is amended
by inserting ``suspended or'' after ``shall be''.
SEC. 403. RECORDS OF MERCHANT MARINERS' DOCUMENTS.
Section 7319 of title 46, United States Code, is amended by
striking the second sentence.
SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CERTAIN CITIZENSHIP
REQUIREMENTS.
(a) Limitation on Command.--Section 12110(d) of title 46,
United States Code, is amended by inserting ``or an unmanned
barge operating outside of the territorial waters of the United
States,'' after ``recreational endorsement,''.
(b) Penalty.--Section 12122(b)(6) of title 46, United
States Code, is amended by inserting ``or an unmanned barge
operating outside of the territorial waters of the United
States,'' after ``recreational endorsement,''.
SEC. 405. 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 14302 of this title and 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. 406. PENALTIES.
Section 4311(b) of title 46, United States Code, is amended
to read as follows:
``(b)(1) A person violating section 4307(a) of this title
is liable to the United States Government for a civil penalty
of not more than $5,000, except that the maximum civil penalty
may be not more than $250,000 for a related series of
violations.
``(2) If the Secretary decides under section 4310(f) that a
recreational vessel or associated equipment contains a defect
related to safety or fails to comply with an applicable
regulation and directs the manufacturer to provide the
notifications specified in this chapter, any person, including
a director, officer or executive employee of a corporation, who
knowingly and willfully fails to comply with that order, may be
fined not more than $10,000, imprisoned for not more than one
year, or both.
``(3) When a corporation violates section 4307(a), or fails
to comply with the Secretary's decision under section 4310(f),
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 a penalty under paragraphs (1) or (2) 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--
``(A) the order or authorization was issued on the
basis of a decision, in exercising reasonable and
prudent judgment, that the defect or the nonconformity
with standards and regulations constituting the
violation would not cause or constitute a substantial
risk of personal injury to the public; and
``(B) at the time of the order or authorization,
the director, officer, or executive employee advised
the Secretary in writing of acting under this
subparagraph and subparagraph (A).''.
SEC. 407. 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 security risk that poses 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. 408. 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 relating
to the operation of a vessel; or
``(5) is a security risk that poses 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. 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 recordkeeping 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. 410. ELECTRONIC CHARTS.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.)
is amended by inserting after section 4 the following:
``SEC. 4A. ELECTRONIC CHARTS.
``(a) System Requirements.--
``(1) Requirements.--Subject to paragraph (2), the
following vessels, while operating on the navigable
waters of the United States, shall be equipped with and
operate electronic charts under regulations prescribed
by the Secretary of the department in which the Coast
Guard is operating:
``(A) A self-propelled commercial vessel of
at least 65 feet overall length.
``(B) A vessel carrying more than a number
of passengers for hire determined by the
Secretary.
``(C) A towing vessel of more than 26 feet
in overall length and 600 horsepower.
``(D) Any other vessel for which the
Secretary decides that electronic charts are
necessary for the safe navigation of the
vessel.
``(2) Exemptions and waivers.--The Secretary may--
``(A) exempt a vessel from paragraph (1),
if the Secretary finds that electronic charts
are not necessary for the safe navigation of
the vessel on the waters on which the vessel
operates; and
``(B) waive the application of paragraph
(1) with respect to operation of vessels on
navigable waters of the United States specified
by the Secretary, if the Secretary finds that
electronic charts are not needed for safe
navigation on those waters.
``(b) Regulations.--The Secretary of the department in
which the Coast Guard is operating shall prescribe regulations
implementing subsection (a) before January 1, 2007, including
requirements for the operation and maintenance of the
electronic charts required under subsection (a).''.
SEC. 411. 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 embarking 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''.
SEC. 412. SERVICE OF FOREIGN NATIONALS FOR MARITIME EDUCATIONAL
PURPOSES.
Section 8103(b)(1)(A) of title 46, United State Code, is
amended to read as follows:
``(A) each unlicensed seaman must be--
``(i) a citizen of the United States;
``(ii) an alien lawfully admitted to the
United States for permanent residence; or
``(iii) a foreign national who is enrolled
in the United States Merchant Marine
Academy.''.
SEC. 413. CLASSIFICATION SOCIETIES.
(a) In General.--Section 3316 of title 46, United States
Code, is amended by adding at the end the following:
``(c)(1) A classification society (including an employee or
agent of that society) may not review, examine, survey, or
certify the construction, repair, or alteration of a vessel in
the United States unless--
``(A) the society has applied for approval
under this subsection and the Secretary has
reviewed and approved that society with respect
to the conduct of that society under paragraph
(2); or
``(B) the society is a full member of the
International Association of Classification
Societies.
``(2) The Secretary may approve a person for
purposes of paragraph (1) only if the Secretary
determines that--
``(A) the vessels surveyed by the person
while acting as a classification society have
an adequate safety record; and
``(B) the person has an adequate program
to--
``(i) develop and implement safety
standards for vessels surveyed by the
person;
``(ii) make the safety records of
the person available to the Secretary
in an electronic format;
``(iii) provide the safety records
of a vessel surveyed by the person to
any other classification society that
requests those records for the purpose
of conducting a survey of the vessel;
and
``(iv) request the safety records
of a vessel the person will survey from
any classification society that
previously surveyed the vessel.''.
(b) Application.--Section 3316(c)(1) of title 46, United
States Code, shall apply with respect to operation as a
classification society on or after January 1, 2005.
SEC. 414. DRUG TESTING REPORTING.
(a) In General.--Chapter 77 of title 46, United States
Code, is amended by adding at the end:
``Sec. 7706. Drug testing reporting
``(a) Release of Drug Test Results to Coast Guard.--Not
later than 2 weeks after receiving from a Medical Review
Officer a report of a verified positive drug test or verified
test violation by a civilian employee of a Federal agency, an
officer in the Public Health Services, or an officer in the
National Oceanic and Atmospheric Administration Commissioned
Officer Corps, who is employed in any capacity on board a
vessel operated by the agency, the head of the agency shall
release to the Commandant of the Coast Guard the report.
``(b) Standards, Procedures, and Regulations.--The head of
a Federal agency shall carry out a release under subsection (a)
in accordance with the standards, procedures, and regulations
applicable to the disclosure and reporting to the Coast Guard
of drug tests results and drug test records of individuals
employed on vessels documented under the laws of the United
States.
``(c) Waiver.--Notwithstanding section 503(e) of the
Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note), the
report of a drug test of an employee may be released under this
section without the prior written consent of the employee.''.
(b) Conforming Amendment.--The chapter analysis for chapter
77 of title 46, United States Code, is amended by adding at the
end the following:
``7706. Drug testing reporting.''.
SEC. 415. INSPECTION OF TOWING VESSELS.
(a) Vessels Subject to Inspection.--Section 3301 of title
46, United States Code, is amended by adding at the end the
following:
``(15) towing vessels.''.
(b) Safety Management System.--Section 3306 of chapter 33
of title 46, United States Code, is amended by adding at the
end the following:
``(j) The Secretary may establish by regulation a safety
management system appropriate for the characteristics, methods
of operation, and nature of service of towing vessels.''.
SEC. 416. POTABLE WATER.
(a) In General.--Section 3305(a) of title 46, United States
Code, is amended--
(1) by redesignating paragraphs (4) and (5) in
order as paragraphs (5) and (6); and
(2) by inserting after paragraph (3) the following:
``(4) has an adequate supply of potable water for
drinking and washing by passengers and crew;''.
(b) Adequacy Determination.--Section 3305(a) of title 46,
United States Code, as amended by subsection (a), is further
amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively; and
(3) by adding at the end the following:
``(2) In determining the adequacy of the supply of
potable water under paragraph (1)(D), the Secretary
shall consider--
``(A) the size and type of vessel;
``(B) the number of passengers or crew on
board;
``(C) the duration and routing of voyages;
and
``(D) guidelines for potable water
recommended by the Centers for Disease Control
and Prevention and the Public Health
Service.''.
SEC. 417. TRANSPORTATION OF PLATFORM JACKETS.
The thirteenth proviso (pertaining to transportation by
launch barge) of section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883) is amended to read as follows: ``Provided
further, That the transportation of any platform jacket in or
on a non-coastwise qualified launch barge, that was built
before December 31, 2000, and has a launch capacity of 12,000
long tons or more, between two points in the United States, at
one of which there is an installation or other device within
the meaning of section 4(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1333(a)), shall not be deemed
transportation subject to this section if the Secretary of
Transportation makes a determination, in accordance with
procedures established pursuant to this proviso that a suitable
coastwise-qualified vessel is not available for use in the
transportation and, if needed, launch or installation of a
platform jacket and; that the Secretary of Transportation shall
adopt procedures implementing this proviso that are reasonably
designed to provide timely information so as to maximize the
use of coastwise qualified-vessels, which procedures shall,
among other things, establish that for purposes of this
proviso, a coastwise-qualified vessel shall be deemed to be not
available only (1) if upon application by an owner or operator
for the use of a non-coastwise qualified launch barge for
transportation of a platform jacket under this section, which
application shall include all relevant information, including
engineering details and timing requirements, the Secretary
promptly publishes a notice in the Federal Register describing
the project and the platform jacket involved, advising that all
relevant information reasonably needed to assess the
transportation requirements for the platform jacket will be
made available to interested parties upon request, and
requesting that information on the availability of coastwise-
qualified vessels be submitted within 30 days after publication
of that notice; and (2) if either (A) no information is
submitted to the Secretary within that 30 day period, or (B)
although the owner or operator of a coastwise-qualified vessel
submits information to the Secretary asserting that the owner
or operator has a suitable coastwise-qualified vessel available
for this transportation, the Secretary, within 90 days of the
date on which the notice is first published determines that the
coastwise-qualified vessel is not suitable or reasonably
available for the transportation; and that, for the purposes of
this proviso, the term `coastwise-qualified vessel' means a
vessel that has been issued a certificate of documentation with
a coastwise endorsement under section 12106 of title 46, United
States Code, and the term `platform jacket' refers to a single
physical component and includes any type of offshore
exploration, development, or production structure or component
thereof, including platform jackets, tension leg or SPAR
platform superstructures (including the deck, drilling rig and
support utilities, and supporting structure), hull (including
vertical legs and connecting pontoons or vertical cylinder),
tower and base sections of a platform jacket, jacket
structures, and deck modules (known as `topsides').''.
SEC. 418. RENEWAL OF ADVISORY GROUPS.
(a) Commercial Fishing Industry Vessel Safety Advisory
Committee.--Section 4508(e)(1) of title 46, United States Code,
is amended by striking ``of September 30, 2005'' and inserting
``on September 30, 2010''.
(b) Houston-Galveston Navigation Safety Advisory
Committee.--Section 18 of the Coast Guard Authorization Act of
1991 (Public Law 102-241; 105 Stat. 2213) is amended--
(1) in subsection (b) by striking ``eighteen'' and
inserting ``19'';
(2) by adding at the end of subsection (b) the
following:
``(12) One member representing recreational boating
interests.''; and
(3) in subsection (h) by striking ``September 30,
2005'' and inserting ``September 30, 2010''.
(c) Lower Mississippi River Waterway Safety Advisory
Committee.--Section 19(g) of the Coast Guard Authorization Act
of 1991 (Public Law 102-241) is amended by striking ``September
30, 2005'' and inserting ``September 30, 2010''.
(d) Great Lakes Pilotage Advisory Committee.--Section
9307(f)(1) of title 46, United States Code, is amended by
striking ``September 30, 2005'' and inserting ``September 30,
2010''.
(e) Navigation Safety Advisory Council.--Section 5(d) of
the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073(d))
is amended by striking ``September 30, 2005'' and inserting
``September 30, 2010''.
(f) National Boating Safety Advisory Council.--Section
13110(e) of title 46, United States Code, is amended by
striking ``September 30, 2005'' and inserting ``September 30,
2010''.
(g) Towing Safety Advisory Committee.--Public Law 96-380
(33 U.S.C. 1231a) is amended in subsection (e) by striking
``September 30, 2005'' and inserting ``September 30, 2010''.
TITLE V--FEDERAL MARITIME COMMISSION
SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL MARITIME
COMMISSION.
There are authorized to be appropriated to the Federal
Maritime Commission--
(1) for fiscal year 2005, $19,500,000;
(2) for fiscal year 2006, $20,750,000;
(3) for fiscal year 2007, $21,500,000; and
(4) for fiscal year 2008, $22,575,000.
SEC. 502. REPORT ON OCEAN SHIPPING INFORMATION GATHERING EFFORTS.
The Federal Maritime Commission shall transmit to the
Senate Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report within
90 days after the date of the enactment of this Act on the
status of any agreements, or ongoing discussions with, other
Federal, State, or local government agencies concerning the
sharing of ocean shipping information for the purpose of
assisting law enforcement or anti-terrorism efforts. The
Commission shall include in the report recommendations on how
the Commission's ocean shipping information could be better
utilized by it and other Federal agencies to improve port
security.
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 CUTTERS.
(a) In General.--The Commandant of the Coast Guard may
convey all right, title, and interest of the United States in
and to a vessel described in subsection (b) to the person
designated in subsection (b) with respect to the vessel (in
this section referred to as the ``recipient''), without
consideration, if the person complies with the conditions under
subsection (c).
(b) Vessels Described.--The vessels referred to in
subsection (a) are the following:
(1) The Coast Guard Cutter BRAMBLE, to be conveyed
to the Port Huron Museum of Arts and History (a
nonprofit corporation under the laws of the State of
Michigan), located in Port Huron, Michigan.
(2) The Coast Guard Cutter PLANETREE, to be
conveyed to Jewish Life (a nonprofit corporation under
the laws of the State of California), located in
Sherman Oaks, California.
(3) The Coast Guard Cutter SUNDEW, to be conveyed
to Duluth Entertainment and Convention Center Authority
(a nonprofit corporation under the laws of the State of
Minnesota), located in Duluth, Minnesota.
(c) Conditions.--As a condition of any conveyance of a
vessel under subsection (a), the Commandant shall require the
recipient--
(1) to agree--
(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 use of the vessel by the
Government under subparagraph (C);
(2) to have funds available that will be committed
to operate and maintain the vessel conveyed in good
working condition--
(A) in the form of cash, liquid assets, or
a written loan commitment; and
(B) in an amount of at least $700,000; and
(3) to agree to any other conditions the Commandant
considers appropriate.
(d) Maintenance and Delivery of Vessel.--Prior to
conveyance of a vessel under this section, the Commandant may,
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. The Commandant shall deliver a vessel conveyed under
this section at the place where the vessel is located, in its
present condition, and without cost to the Government. The
conveyance of a vessel under this section shall not be
considered a distribution in commerce for purposes of section
6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)).
(e) Other Excess Equipment.--The Commandant may convey to
the recipient of a vessel under this section 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) In General.--The Secretary of the department in which
the Coast Guard is operating may apply section 8104(o)(2) of
title 46, United States Code, to the vessels described in
subsection (b) without regard to the tonnage of those vessels.
(b) Vessels Described.--The vessels referred to in
subsection (a) are the following:
(1) The M/V BLUEFIN (United States official number
620431).
(2) The M/V COASTAL MERCHANT (United States
official number 1038382).
(c) Application.--Subsection (a) shall not apply to a
vessel described in subsection (b)--
(1) until the Secretary determines that the
application of subsection (a) will not compromise
safety; and
(2) on or after any date on which the Secretary
determines that the vessel 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--
(1) to be used to carry individuals for a fare or
to be chartered on a for hire basis in the coastwise
trade; or
(2) to carry individuals described in subsection
(a) within United States waters and between ports or
places in the United States for more than 45 calendar
days in any calendar year.
(c) Revocation.--The Secretary of the department in which
the Coast Guard is operating shall revoke the authorization
provided by subsection (a) if the Secretary determines that the
STAD AMSTERDAM has been operated in violation of the
limitations imposed by subsection (b).
SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.
(a) Authority To Designate Institute.--The Secretary of
Transportation may designate a National Maritime Enhancement
Institute for the Great Lakes region under section 8 of the Act
of October 13, 1989 (103 Stat. 694; 46 U.S.C. App. 1121-2). In
making any decision on the designation of such an institute,
the Secretary shall consider the unique characteristics of
Great Lakes maritime industry and trade.
(b) Study and Report.--
(1) In general.--The Secretary of Transportation
shall conduct a study that--
(A) evaluates short sea shipping market
opportunities on the Great Lakes, including the
expanded use of freight ferries, improved
mobility, and regional supply chain efficiency;
(B) evaluates markets for foreign trade
between ports on the Great Lakes and draft-
limited ports in Europe and Africa;
(C) evaluates the environmental benefits of
waterborne transportation in the Great Lakes
region;
(D) analyzes the effect on Great Lakes
shipping of the tax imposed by section 4461(a)
of the Internal Revenue Code of 1986;
(E) evaluates the state of shipbuilding and
ship repair bases on the Great Lakes;
(F) evaluates opportunities for passenger
vessel services on the Great Lakes;
(G) analyzes 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;
(H) evaluates the economic viability of
establishing transshipment facilities for
oceangoing cargoes on the Great Lakes;
(I) evaluates the adequacy of the
infrastructure in Great Lakes ports to meet the
needs of marine commerce; and
(J) evaluates new vessel designs for
domestic and international shipping on the
Great Lakes.
(2) Use of national maritime enhancement
institutes.--In conducting the study required by
paragraph (1), the Secretary may utilize the services
of any recognized National Maritime Enhancement
Institute.
(3) Reports.--The Secretary shall submit an annual
report on the findings and conclusions of the study
under this section to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives--
(A) by not later than 1 year after the date
of the enactment of this Act; and
(B) by not later than 1 year after the date
of submission of the report under subparagraph
(A).
(4) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$1,500,000 for each of fiscal years 2005 and 2006 to
carry out paragraph (1).
SEC. 606. 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 RAINIER 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 Seward, 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. 607. 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).
(3) W. N. RAGLAND (Washington State registration
number WN5506NE).
(4) M/T MISS LINDA (United States official number
1140552).
SEC. 608. REQUIREMENTS FOR COASTWISE ENDORSEMENT.
(a) In General.--Section 12106 of title 46, United States
Code, is amended--
(1) by striking subsection (e)(1)(B) and inserting
the following:
``(B) the person that owns the vessel (or, if the
vessel is owned by a trust or similar arrangement, the
beneficiary of the trust or similar arrangement) meets
the requirements of subsection (f);''; and
(2) by adding at the end the following:
``(f) Ownership Certification Requirement.--
``(1) In general.--A person meets the requirements
of this subsection if that person transmits to the
Secretary each year the certification required by
paragraph (2) or (3) with respect to a vessel.
``(2) Investment certification.--To meet the
certification requirement of this paragraph, a person
shall certify that it--
``(A) is a leasing company, bank, or
financial institution;
``(B) owns, or holds the beneficial
interest in, the vessel solely as a passive
investment;
``(C) does not operate any vessel for hire
and is not an affiliate of any person who
operates any vessel for hire; and
``(D) is independent from, and not an
affiliate of, any charterer of the vessel or
any other person who has the right, directly or
indirectly, to control or direct the movement
or use of the vessel.
``(3) Certain tank vessels.--
``(A) In general.--To meet the
certification requirement of this paragraph, a
person shall certify that--
``(i) the aggregate book value of
the vessels owned by such person and
United States affiliates of such person
does not exceed 10 percent of the
aggregate book value of all assets
owned by such person and its United
States affiliates;
``(ii) not more than 10 percent of
the aggregate revenues of such person
and its United States affiliates is
derived from the ownership, operation,
or management of vessels;
``(iii) at least 70 percent of the
aggregate tonnage of all cargo carried
by all vessels owned by such person and
its United States affiliates and
documented under this section is
qualified proprietary cargo;
``(iv) any cargo other than
qualified proprietary cargo carried by
all vessels owned by such person and
its United States affiliates and
documented under this section consists
of oil, petroleum products,
petrochemicals, or liquified natural
gas;
``(v) no vessel owned by such
person or any of its United States
affiliates and documented under this
section carries molten sulphur; and
``(vi) such person owned 1 or more
vessels documented under subsection (e)
of this section as of the date of
enactment of the Coast Guard and
Maritime Transportation Act of 2004.
``(B) Application only to certain
vessels.--A person may make a certification
under this paragraph only with respect to--
``(i) a tank vessel having a
tonnage of not less than 6,000 gross
tons, as measured under section 14502
of this title (or an alternative
tonnage measured under section 14302 of
this title as prescribed by the
Secretary under section 14104 of this
title); or
``(ii) a towing vessel associated
with a non-self-propelled tank vessel
that meets the requirements of clause
(i), where the 2 vessels function as a
single self-propelled vessel.
``(4) Definitions.--In this subsection:
``(A) Affiliate.--The term `affiliate'
means, with respect to any person, any other
person that is--
``(i) directly or indirectly
controlled by, under common control
with, or controlling such person; or
``(ii) named as being part of the
same consolidated group in any report
or other document submitted to the
United States Securities and Exchange
Commission or the Internal Revenue
Service.
``(B) Cargo.--The term `cargo' does not
include cargo to which title is held for non-
commercial reasons and primarily for the
purpose of evading the requirements of
paragraph (3).
``(C) Oil.--The term `oil' has the meaning
given that term in section 2101(20) of this
title.
``(D) Passive investment.--The term
`passive investment' means an investment in
which neither the investor nor any affiliate of
such investor is involved in, or has the power
to be involved in, the formulation,
determination,or direction of any activity or
function concerning the management, use, or operation of the asset that
is the subject of the investment.
``(E) Qualified proprietary cargo.--The
term `qualified proprietary cargo' means--
``(i) oil, petroleum products,
petrochemicals, or liquefied natural
gas cargo that is beneficially owned by
the person who submits to the Secretary
an application or annual certification
under paragraph (3), or by an affiliate
of such person, immediately before,
during, or immediately after such cargo
is carried in coastwise trade on a
vessel owned by such person;
``(ii) oil, petroleum products,
petrochemicals, or liquefied natural
gas cargo not beneficially owned by the
person who submits to the Secretary an
application or an annual certification
under paragraph (3), or by an affiliate
of such person, but that is carried in
coastwise trade by a vessel owned by
such person and which is part of an
arrangement in which vessels owned by
such person and at least one other
person are operated collectively as one
fleet, to the extent that an equal
amount of oil, petroleum products,
petrochemicals, or liquefied natural
gas cargo beneficially owned by such
person, or an affiliate of such person,
is carried in coastwise trade on 1 or
more other vessels, not owned by such
person, or an affiliate of such person,
if such other vessel or vessels are
also part of the same arrangement;
``(iii) in the case of a towing
vessel associated with a non-self-
propelled tank vessel where the 2
vessels function as a single self-
propelled vessel, oil, petroleum
products, petrochemicals, or liquefied
natural gas cargo that is beneficially
owned by the person who owns both such
towing vessel and the non-self-
propelled tank vessel, or any United
States affiliate of such person,
immediately before, during, or
immediately after such cargo is carried
in coastwise trade on either of the 2
vessels; or
``(iv) any oil, petroleum products,
petrochemicals, or liquefied natural
gas cargo carried on any vessel that is
either a self-propelled tank vessel
having a length of at least 210 meters
or a tank vessel that is a liquefied
natural gas carrier that--
``(I) was delivered by the
builder of such vessel to the
owner of such vessel after
December 31, 1999; and
``(II) was purchased by a
person for the purpose, and
with the reasonable
expectation, of transporting on
such vessel liquefied natural
gas or unrefined petroleum
beneficially owned by the owner
of such vessel, or an affiliate
of such owner, from Alaska to
the continental United States.
``(F) United States affiliate.--The term
`United States affiliate' means, with respect
to any person, an affiliate the principal place
of business of which is located in the United
States.''.
(b) Treatment of Owner of Certain Vessels.--
(1) In general.--Notwithstanding any other
provision of law, a person shall be treated as a
citizen of the United States under section 12102(a) of
title 46, United States Code, section 2 of the Shipping
Act, 1916 (46 U.S.C. App. 802), and section 27 of the
Merchant Marine Act, 1920 (46 U.S.C. App. 883), for
purposes of issuance of a coastwise endorsement under
section 12106(e) of title 46, United States Code (as
that section was in effect on the day before the date
of enactment of this Act), for a vessel owned by the
person on the date of enactment of this Act, or any
replacement vessel of a similar size and function, if
the person--
(A) owned a vessel before January 1, 2001,
that had a coastwise endorsement under section
12106(e) of title 46, United States Code; and
(B) as of the date of the enactment of this
Act, derives substantially all of its revenue
from leasing vessels engaged in the
transportation or distribution of petroleum
products and other cargo in Alaska.
(2) Limitation on coastwise trade.--A vessel owned
by a person described in paragraph (1) for which a
coastwise endorsement is issued under section 12106(e)
of title 46, United States Code, may be employed in the
coastwise trade only within Alaska and in the coastwise
trade to and from Alaska.
(3) Termination.--The application of this
subsection to a person described in paragraph (1) shall
terminate if all of that person's vessels described in
paragraph (1) are sold to a person eligible to document
vessels under section 12106(a) of title 46, United
States Code.
(c) Application to Certain Certificates.--
(1) In general.--The amendments made by this
section, and any regulations published after February
4, 2004, with respect to coastwise endorsements, shall
not apply to a certificate of documentation, or renewal
thereof, endorsed with a coastwise endorsement for a
vessel under section 12106(e) of title 46, United
States Code, or a replacement vessel of a similar size
and function, that was issued prior to the date of
enactment of this Act as long as the vessel is owned by
the person named therein, or by a subsidiary or
affiliate of that person, and the controlling interest
in such owner has not been transferred to a person that
was not an affiliate of such owner as of the date of
enactment of this Act. Notwithstanding the preceding
sentence, however, the amendments made by this section
shall apply, beginning 3 years after the date of
enactment of this Act, with respect to offshore supply
vessels (as defined in section 2101(19) of title 46,
United States Code, as that section was in effect on
the date of enactment of this Act) with a certificate
of documentation endorsed with a coastwise endorsement
as of the date of enactment of this Act, and the
Secretary of the Department in which the Coast Guard is
operating shall revoke any such certificate if the
vessel does not by then meet the requirements of
section 12106(e) of title 46, United States Code, as
amended by this section.
(2) Replacement vessel.--For the purposes of this
subsection, ``replacement vessel'' means--
(A) a temporary replacement vessel for a
period of not to exceed 180 days if the vessel
described in paragraph (1) is unavailable due
to an act of God or a marine casualty; or
(B) a permanent replacement vessel if--
(i) the vessel described in
paragraph (1) is unavailable for more
than 180 days due to an act of God or a
marine casualty; or
(ii) a contract to purchase or
construct such replacement vessel is
executed not later than December 31,
2004.
(d) Waiver.--The Secretary of Transportation shall waive or
reduce the qualified proprietary cargo requirement of section
12106(f)(3)(A)(iii) of title 46, United States Code, for a
vessel if the person that owns the vessel (or, if the vessel is
owned by a trust or similar arrangement, the beneficiary of the
trust or similar arrangement) notifies the Secretary that
circumstances beyond the direct control of such person or its
affiliates prevent, or reasonably threaten to prevent, such
person from satisfying such requirement, and the Secretary does
not, with good cause, determine otherwise. The waiver or
reduction shall apply during the period of time that such
circumstances exist.
(e) Regulations.--No later than one year after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall prescribe final
regulations to carry out this section, including amendments
made by this section to section 12106 of title 46, United
States Code.
SEC. 609. CORRECTION OF REFERENCES TO NATIONAL DRIVER REGISTER.
Title 46, United States Code, is amended--
(1) in section 7302--
(A) by striking ``section 206(b)(7) of the
National Driver Register Act of 1982 (23 U.S.C.
401 note)'' and inserting ``30305(b)(5) of
title 49''; and
(B) by striking ``section 205(a)(3)(A) or
(B) of that Act'' and inserting
``30304(a)(3)(A) or (B) of title 49'';
(2) in section 7702(d)(1)(B)(iii) by striking
``section 205(a)(3)(A) or (B) of the National Driver
Register Act of 1982'' and inserting ``section
30304(a)(3)(A) or (B) of title 49''; and
(3) in section 7703(3) by striking ``section
205(a)(3)(A) or (B) of the National Driver Register Act
of 1982'' and inserting ``section 30304(a)(3)(A) or (B)
of title 49''.
SEC. 610. WATEREE RIVER.
For purposes of bridge administration, the portion of the
Wateree River in the State of South Carolina, from a point 100
feet upstream of the railroad bridge located at approximately
mile marker 10.0 to a point 100 feet downstream of such bridge,
is declared to not be navigable waters of the United States for
purposes of the General Bridge Act of 1946 (33 U.S.C. 525 et
seq.).
SEC. 611. MERCHANT MARINERS' DOCUMENTS PILOT PROGRAM.
The Secretary of the department in which the Coast Guard is
operating may conduct a pilot program to demonstrate methods to
improve processes and procedures for issuing merchant mariners'
documents.
SEC. 612. CONVEYANCE.
(a) Authority To Convey.--
(1) In general.--Notwithstanding any other
provision of law, the Secretary of the department in
which the Coast Guard is operating shall convey, by an
appropriate means of conveyance, all right, title, and
interest of the United States in and to Sentinel
Island, Alaska, to the entity to which the Sentinel
Island Light Station is conveyed under section 308(b)
of the National Historic Preservation Act (16 U.S.C.
470w-7(b)).
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be
conveyed under this subsection.
(3) Limitation.--The Secretary may not under this
section convey--
(A) any historical artifact, including any
lens or lantern, located on property conveyed
under this section at or before the time of the
conveyance; or
(B) any interest in submerged land.
(b) General Terms and Conditions.--
(1) In general.--Any conveyance of property under
this section shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions
required by this section and other terms and
conditions the Secretary may consider
appropriate, including the reservation of
easements and other rights on behalf of the
United States.
(2) Reversionary interest.--In addition to any term
or condition established under this section, any
conveyance of property under this section shall be
subject to the condition that all right, title, and
interest in the property, at the option of the
Secretary shall revert to the United States and be
placed under the administrative control of the
Secretary, if--
(A) the property, or any part of the
property--
(i) ceases to be available and
accessible to the public, on a
reasonable basis, for educational,
park, recreational, cultural, historic
preservation, or other similar purposes
specified for the property in the terms
of conveyance;
(ii) ceases to be maintained in a
manner that is consistent with its
present or future use as a site for
Coast Guard aids to navigation or
compliance with this section; or
(iii) ceases to be maintained in a
manner consistent with the conditions
in paragraph (4) established by the
Secretary pursuant to the National
Historic Preservation Act (16 U.S.C.
470 et seq.); or
(B) at least 30 days before that reversion,
the Secretary provides written notice to the
owner that the property is needed for national
security purposes.
(3) Maintenance of navigation functions.--Any
conveyance of property under this section shall be made
subject to the conditions that the Secretary considers
to be necessary to assure that--
(A) the lights, antennas, and associated
equipment located on the property conveyed that
are active aids to navigation shall continue to
be operated and maintained by the United States
for as long as they are needed for this
purpose;
(B) the owner of the property may not
interfere or allow interference in any manner
with aids to navigation without express written
permission from the Commandant of the Coast
Guard;
(C) there is reserved to the United States
the right to relocate, replace, or add any aids
to navigation or make any changes to the
property conveyed as may be necessary for
navigational purposes;
(D) the United States shall have the right,
at any time, to enter the property without
notice for the purpose of operating,
maintaining, and inspecting aids to navigation
and for the purpose of enforcing compliance
with this subsection; and
(E) the United States shall have an
easement of access to and across the property
for the purpose of maintaining the aids to
navigation in use on the property.
(4) Maintenance of property.--
(A) In general.--Subject to subparagraph
(B), the owner of a property conveyed under
this section shall maintain the property in a
proper, substantial, and workmanlike manner,
and in accordance with any conditions
established by the Secretary pursuant to the
National Historic Preservation Act (16 U.S.C.
470 et seq.) and other applicable laws.
(B) Limitation.--The owner of a property
conveyed under this section is not required to
maintain any active aids to navigation on the
property, except private aids to navigation
authorized under section 83 of title 14, United
States Code.
(c) Definitions.--In this section, the following
definitions apply:
(1) Aids to navigation.--The term ``aids to
navigation'' means equipment used for navigation
purposes, including a light, antenna, radio, sound
signal, electronic navigation equipment, or other
associated equipment that are operated or maintained by
the United States.
(2) Owner.--The term ``owner'' means, for property
conveyed under this section, the person to which
property is conveyed under subsection (a)(1), and any
successor or assign of that person.
SEC. 613. BRIDGE ADMINISTRATION.
Section 325(b) of the Department of Transportation and
Related Agencies Appropriations Act, 1983 (Pub. L. 97-369; 96
Stat. 1765) is amended by striking ``provides at least thirty
feet of vertical clearance Columbia Riverdatum and at least
eighty feet of horizontal clearance, as'' and inserting ``is so''.
SEC. 614. SENSE OF CONGRESS REGARDING CARBON MONOXIDE AND WATERCRAFT.
It is the sense of the Congress that the Coast Guard should
continue--
(1) to place a high priority on addressing the
safety risks posed to boaters by elevated levels of
carbon monoxide that are unique to watercraft; and
(2) to work with vessel and engine manufacturers,
the American Boat & Yacht Council, other Federal
agencies, and the entire boating community in order to
determine the best ways to adequately address this
public safety issue and minimize the number of tragic
carbon monoxide-related boating deaths that occur each
year.
SEC. 615. MITIGATION OF PENALTY DUE TO AVOIDANCE OF A CERTAIN
CONDITION.
(a) Treatment of Violation.--For purposes of any
administrative proceeding to consider mitigation of any civil
penalty for a violation described in subsection (b), such
violation is deemed to have been committed by reason of a
safety concern.
(b) Violation Described.--A violation referred to in
subsection (a) is any violation of the Act of June 19, 1886
(chapter 421; 46 App. U.S.C. 289), occurring before April 1,
2003, and consisting of operation of a passenger vessel in
transporting passengers between the Port of New Orleans and
another port on the Gulf of Mexico at a time when the master of
the vessel determined that the vertical clearance on the
Mississippi River at Chalmette, Louisiana, was insufficient to
allow the safe return transport of passengers on that vessel to
the Port of New Orleans.
(c) Related Penalty Amount.--Any civil penalty assessed for
a violation of that Act by a vessel described in subsection
(b), that was committed when that vessel was repositioning to
the Port of New Orleans in July 2003, shall be mitigated to an
amount not to exceed $100 per passenger.
SEC. 616. CERTAIN VESSELS TO BE TOUR VESSELS.
(a) Vessels Deemed Tour Vessels.--Notwithstanding any other
law, a passenger vessel that is not less than 100 gross tons
and not greater than 300 gross tons is deemed to be a tour
vessel for the purpose of permit allocation regulations under
section 3(h) of Public Law 91-383 (16 U.S.C. 1a-2(h)) and
section 3 of the Act of August 25, 1916 (16 U.S.C. 3), with
respect to vessel operations in Glacier Bay National Park and
Preserve, Alaska (in this section referred to as ``Glacier
Bay''), if the Secretary of the department in which the Coast
Guard is operating determines that the vessel--
(1) has equipment installed that permits all
graywater and blackwater to be stored on board for at
least 24 hours;
(2) has a draft of not greater than 15 feet;
(3) has propulsion equipment of not greater than
5,000 horsepower; and
(4) is documented under the laws of the United
States.
(b) Reallocation of Permits.--
(1) Reallocation required.--Subject to paragraph
(2), the Secretary of the Interior, upon application by
the operator of a passenger vessel deemed to be a tour
vessel under subsection (a), shall reallocate to that
vessel any available tour vessel concession permit not
used by another vessel, if at the time of application
that permit is not sought by a tour vessel of less than
100 gross tons.
(2) Limitations.--No more than three passenger
vessels that are deemed to be a tour vessel under
subsection (a) may hold a tour vessel concession permit
at any given time, and no more than one such vessel may
enter Glacier Bay on any particular date.
(c) Compliance With Vessel Requirements.--
(1) Requirement to comply.--Except as otherwise
provided in this section, a vessel reallocated a tour
vessel concession permit under this section shall
comply with all regulations and requirements for
Glacier Bay applicable to vessels of at least 100 gross
tons.
(2) Revocation of permit.--The Secretary of the
Interior may revoke a tour vessel concession permit
reallocated to a vessel under this section if that
vessel--
(A) discharges graywater or blackwater in
Glacier Bay; or
(B) violates a vessel operating requirement
for Glacier Bay that applies to vessels that
are at least 100 gross tons, including
restrictions pertaining to speed, route, and
closed waters.
(d) Treatment of Entries Into Glacier Bay.--An entry into
Glacier Bay by a vessel reallocated a tour vessel concession
permit under this section shall count against the daily vessel
quota and seasonal-use days applicable to entries by tour
vessels and shall not count against the daily vessel quota or
seasonal-use days of any other class of vessel.
SEC. 617. SENSE OF CONGRESS REGARDING TIMELY REVIEW AND ADJUSTMENT OF
GREAT LAKES PILOTAGE RATES.
It is the sense of the Congress that the Secretary of the
department in which the Coast Guard is operating should, on a
timely basis, review and adjust the rates payable under part
401 of title 46, Code of Federal Regulations, for services
performed by United States registered pilots on the Great
Lakes.
SEC. 618. WESTLAKE CHEMICAL BARGE DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883) 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 each of the following vessels:
(1) Barge WCAO-101 (United States official number
506677).
(2) Barge WCAO-102 (United States official number
506851).
(3) Barge WCAO-103 (United States official number
506852).
(4) Barge WCAO-104 (United States official number
507172).
(5) Barge WCAO-105 (United States official number
507173).
(6) Barge WCAO-106 (United States official number
620514).
(7) Barge WCAO-107 (United States official number
620515).
(8) Barge WCAO-108 (United States official number
620516).
(9) Barge WCAO-3002 (United States official number
295147).
(10) Barge WCAO-3004 (United States official number
517396).
SEC. 619. CORRECTION TO DEFINITION.
Paragraph (4) of section 2 of the Enhanced Border Security
and Visa Entry Reform Act of 2002 (Public Law 107-173) is
amended by striking subparagraph (G) and inserting the
following:
``(G) The Coast Guard.''.
SEC. 620. LORAN-C.
There are authorized to be appropriated to the Department
of Transportation, in addition to funds authorized for the
Coast Guard for operation of the LORAN-C system, for capital
expenses related to LORAN-C navigation infrastructure,
$25,000,000 for fiscal year 2005. The Secretary of
Transportation may transfer from theFederal Aviation
Administration and other agencies of the Department funds appropriated
as authorized under this section in order to reimburse the Coast Guard
for related expenses.
SEC. 621. DEEPWATER REPORT.
(a) Report.--No later than 180 days after enactment of this
Act, the Coast Guard shall provide a written report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives with respect to performance
under the first term of the Integrated Deepwater System
contract.
(b) Contents.--The report shall include the following:
(1) An analysis of how well the prime contractor
has met the two key performance goals of operational
effectiveness and minimizing total ownership costs.
(2) A description of the measures implemented by
the prime contractor to meet these goals and how these
measures have been or will be applied for subcontracts
awarded during the 5-year term of the contract, as well
as criteria used by the Coast Guard to assess the
contractor's performance against these goals.
(3) To the extent available, performance and cost
comparisons of alternatives examined in implementing
the contract.
(4) A detailed description of the measures that the
Coast Guard has taken to implement the recommendations
of the General Accounting Office's March 2004 report on
the Deepwater program (including the development of
measurable award fee criteria, improvements to
integrated product teams, and a plan for ensuring
competition of subcontracts).
(5) A description of any anticipated changes to the
mix of legacy and replacement assets over the life of
the program, including Coast Guard infrastructure and
human capital needs for integrating such assets, and a
timetable and estimated costs for maintaining each
legacy asset and introducing each replacement asset
over the life of the contract, including a comparison
to any previous estimates of such costs on an asset-
specific basis.
SEC. 622. JUDICIAL REVIEW OF NATIONAL TRANSPORTATION SAFETY BOARD FINAL
ORDERS.
Section 1153 of title 49, United States Code, is amended by
adding at the end the following:
``(d) Commandant Seeking Judicial Review of Maritime
Matters.--If the Commandant of the Coast Guard decides that an
order of the Board issued pursuant to a review of a Coast Guard
action under section 1133 of this title will have an adverse
impact on maritime safety or security, the Commandant may
obtain judicial review of the order under subsection (a). The
Commandant, in the official capacity of the Commandant, shall
be a party to the judicial review proceedings.''.
SEC. 623. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.
(a) Extension of Interim Authority.--The Secretary of the
Department in which the Coast Guard is operating shall continue
to implement and enforce United States Coast Guard 1997
Enforcement Policy for Cargo Residues on the Great Lakes
(hereinafter in this section referred to as the ``Policy'') or
revisions thereto, in accordance with that policy, for the
purpose of regulating incidental discharges from vessels of
residues of dry bulk cargo into the waters of the Great Lakes
under the jurisdiction of the United States, until the earlier
of--
(1) the date regulations are promulgated under
subsection (b) for the regulation of incidental
discharges from vessels of dry bulk cargo residue into
the waters of the Great Lakes under the jurisdiction of
the United States; or
(2) September 30, 2008.
(b) Permanent Authority.--Notwithstanding any other law,
the Commandant of the Coast Guard may promulgate regulations
governing the discharge of dry bulk cargo residue on the Great
Lakes.
(c) Environmental Assessment.--No 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 commence
the environmental assessment necessary to promulgate the
regulations under subsection (b).
SEC. 624. SMALL PASSENGER VESSEL REPORT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall study and report to
the Congress regarding measures that should be taken to
increase the likelihood of survival of passengers on small
passenger vessels who may be in the water resulting from the
capsizing of, sinking of, or other marine casualty involving
the small passenger vessel. The study shall include a review of
the adequacy of existing measures--
(1) to keep the passengers out of the water,
including inflatable life rafts and other out-of-the-
water survival crafts;
(2) to protect individuals from hypothermia and
cold shock in water having a temperature of less than
68 degrees Fahrenheit;
(3) for safe egress of passengers wearing personal
flotation devices; and
(4) for the enforcement efforts and degree of
compliance regarding the 1996 amendments to the Small
Passenger Vessel Regulations (part 185 of title 46,
Code of Federal Regulations) requiring the master of a
small passenger vessel to require passengers to wear
personal flotation devices when possible hazardous
conditions exist including--
(A) when transiting hazardous bars or
inlets;
(B) during severe weather;
(C) in the event of flooding, fire, or
other events that may call for evacuation; and
(D) when the vessel is being towed, except
during the towing of a non-self-propelled
vessel under normal operating conditions.
(b) Contents.--The report under this section shall
include--
(1) a section regarding the efforts the Coast Guard
has undertaken to enforce the regulations described in
subsection (a)(4);
(2) a section detailing compliance with these
regulations, to include the number of vessels and
masters cited for violations of those regulations for
fiscal years 1998 through 2003;
(3) a section detailing the number and types of
marine casualties that occurred in fiscal years 1998
through 2003 that included violations of those
regulations; and
(4) a section providing recommendation on improving
compliance with, and possible modifications to, those
regulations.
SEC. 625. CONVEYANCE OF MOTOR LIFEBOAT.
(a) In General.--The Commandant of the Coast Guard shall
convey all right, title, and interest of the United States in
and to the Coast Guard 44-foot Motor Lifeboat Vessel #44345
formerly assigned to the Group Grand Haven Command, to the city
of Ludington, Michigan, without consideration, if the recipient
complies with the conditions under subsection (b).
(b) Conditions.--As a condition of any conveyance of a
vessel under subsection (a), the Commandant shall require the
recipient to--
(1) agree--
(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 use of the vessel by the
Government under subparagraph (C);
(2) have 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
(3) agree to any other conditions the Commandant
considers appropriate.
(c) Maintenance and Delivery of Vessel.--Before conveying a
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. The
Commandant shall deliver a vessel conveyed under this section
at the place where the vessel is located, in its present
condition, and without cost to the Government. The conveyance
of a 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)).
(d) Other Excess Equipment.--The Commandant may convey to
the recipient of a vessel under this section 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. 626. STUDY ON ROUTING MEASURES.
The Secretary of the department in which the Coast Guard is
operating--
(1) shall cooperate with the Administrator of the
National Oceanic and Atmospheric Administration in
analyzing potential vessel routing measures for
reducing vessel strikes of North Atlantic Right Whales,
as described in the notice published at pages 30857
through 30861 of volume 69 of the Federal Register; and
(2) within 18 months after the date of the
enactment of this Act, shall provide a final report of
its analysis to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 627. CONVEYANCE OF LIGHT STATIONS.
Section 308(c) of the National Historic Preservation Act
(16 U.S.C. 470w-7(c)) is amended by adding at the end the
following:
``(4) Light stations originally conveyed under
other authority.--Upon receiving notice of an executed
or intended conveyance by an owner who--
``(A) received from the Federal Government
under authority other than this Act an historic
light station in which the United States
retains a reversionary or other interest; and
``(B) is conveying it to another person by
sale, gift, or any other manner,
the Secretary shall review the terms of the executed or
proposed conveyance to ensure that any new owner is
capable of or is complying with any and all conditions
of the original conveyance. The Secretary may require
the parties to the conveyance and relevant Federal
agencies to provide such information as is necessary to
complete this review. If the Secretary determines that
the new owner has not or is unable to comply with those
conditions, the Secretary shall immediately advise the
Administrator, who shall invoke any reversionary
interest or take such other action as may be necessary
to protect the interests of the United States.''.
SEC. 628. WAIVER.
The Secretary of the department in which the Coast Guard is
operating may waive the application of section 2101(21) of
title 46, United States Code, with respect to one of two adult
chaperones who do not meet the requirements of subparagraph
(A)(i), (ii), or (iii) of such section on board each vessel
owned or chartered by the Florida National High Adventure Sea
Base program of the Boy Scouts of America, if the Secretary
determines that such a waiver will not compromise safety.
SEC. 629. APPROVAL OF MODULAR ACCOMMODATION UNITS FOR LIVING QUARTERS.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall approve the use of a modular
accommodation unit on a floating offshore facility to provide
accommodations for up to 12 individuals, if--
(1) the unit is approximately 12 feet in length and
40 feet in width;
(2) before March 31, 2002--
(A) the Secretary approved use of the unit
to provide accommodations on such a facility;
and
(B) the unit was used to provide such
accommodations; and
(3) the Secretary determines that use of the unit
under the approval will not compromise safety.
(b) Application.--The approval by the Secretary under this
section shall apply for the 5-year period beginning on the date
of the enactment of this Act.
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(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1321) is amended--
(1) by striking ``and'' after the semicolon in
paragraph (24)(B);
(2) by striking ``threat.'' in paragraph (25) and
inserting ``threat; and''; and
(3) by adding at the end the following:
``(26) `nontank vessel' means a self-propelled
vessel of 400 gross tons as measured under section
14302 of title 46, United States Code, 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)--
(A) by inserting: ``(i)'' after ``(A)'';
and
(B) by adding at the end the following:
``(ii) The President shall also issue regulations
which require an owner or operator of a non-tank vessel
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.'';
(3) in paragraph (5)(B), in the matter preceding
clause (i), by inserting ``, nontank vessels,'' after
``vessels'';
(4) in paragraph (5)(B), by redesignating clauses
(ii) and (iii) as clauses (iii) and (iv), respectively,
and by inserting after clause (i) the following:
``(ii) A nontank vessel.'';
(5) in paragraph (5)(D)--
(A) by inserting ``, nontank vessel,''
after ``vessel'';
(B) by striking ``and'' after the semicolon
at the end of clause (iii);
(C) by striking the period at the end of
clause (iv) and inserting ``; and''; and
(D) by adding after clause (iv) the
following:
``(v) in the case of a plan for a nontank
vessel, consider any applicable State-mandated
response plan in effect on the date of the
enactment of the Coast Guard and Maritime
Transportation Act of 2004 and ensure
consistency to the extent practicable.'';
(6) by inserting ``non-tank vessel,'' in paragraph
(5)(E) after ``vessel,'' each place it appears;
(7) in paragraph (5)(F)--
(A) by inserting ``non-tank vessel,'' after
``vessel,'';
(B) by striking ``vessel or'' and inserting
``vessel, non-tank vessel, or''.
(8) in paragraph (5)(G) by inserting ``nontank
vessel,'' after ``vessel,'';
(9) in paragraph (5)(H) by inserting ``and nontank
vessel'' after ``each tank vessel;
(10) 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--'';
(11) in paragraph (6)(B) by inserting ``, and
nontank vessels carrying oil of any kind as fuel for
main propulsion,'' after ``cargo''; and
(12) in paragraph (7) by inserting ``, nontank
vessel,'' after ``vessel''.
(c) Implementation Date.--No later than one year after the
date of enactment of this Act, 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) shall prepare and submit a vessel response
plan for such vessel.
(d) Addition of Noxious Liquid Substances to the List of
Hazardous Substances for Which the Coast Guard May Require a
Response Plan.--Section 311(j)(5) of the Federal Water
Pollution Control Act (33 U.S.C.1321(j)(5)) is further
amended--
(1) by redesignating subparagraphs (B) through (H)
as subparagraphs (C) through (I), respectively;
(2) by inserting after subparagraph (A) the
following:
``(B) The Secretary of the Department in which the
Coast Guard is operating may issue regulations which
require an owner or operator of a tank vessel, a non-
tank vessel, or a facility described in subparagraph
(C) that transfers noxious liquid substances in bulk to
or from a vessel to prepare and submit to the Secretary
a plan for responding, to the maximum extent
practicable, to a worst case discharge, and to a
substantial threat of such a discharge, of a noxious
liquid substance that is not designated as a hazardous
substance or regulated as oil in any other law or
regulation. For purposes of this paragraph, the term
`noxious liquid substance' has the same meaning when
that term is used in the MARPOL Protocol described in
section 2(a)(3) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901(a)(3)).'';
(3) by striking ``subparagraph (B)'' in
subparagraph (A) and inserting ``subparagraph (C)'';
(4) by striking ``subparagraph (A)'' in
subparagraph (C), as redesignated, and inserting
``subparagraphs (A) and (B)''; and
(5) by striking ``subparagraph (D),'' in clause (i)
of subparagraph (F), as redesignated, and inserting
``subparagraph (E),''.
SEC. 702. REQUIREMENTS FOR TANK LEVEL AND PRESSURE MONITORING DEVICES.
(a) Requirements.--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'';
and
(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''.
(b) Study.--
(1) Study requirement.--The Secretary of the
department in which the Coast Guard is operating shall
conduct a study analyzing the costs and benefits of
methods other than those described in subsections (a)
and (b) of section 4110 of the Oil Pollution Act of
1990 for effectively detecting the loss of oil from oil
cargo tanks. The study may include technologies,
monitoring procedures, and other methods.
(2) Input.--In conducting the study, the Secretary
may seek input from Federal agencies, industry, and
other entities.
(3) Report.--The Secretary shall submit a report on
the findings and conclusions of the study to the
Committee on Commerce, Science, and Transportation of
the Senate and Committee on Transportation and
Infrastructure of the House of Representatives by not
later than 180 days after the date of the enactment of
this Act.
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), and in the same manner and to
the same extent, both procedurally and
substantively, as any nongovernmental
entity, including for purposes of
liability under section 1002, 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--
``(I) seizure or otherwise
in connection with law
enforcement activity;
``(II) bankruptcy;
``(III) tax delinquency;
``(IV) abandonment; or
``(V) other circumstances
in which the government
involuntarily acquires title by
virtue of its function as
sovereign;
``(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 decision
making 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
decision making 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--
``(I) seizure or otherwise
in connection with law
enforcement activity;
``(II) bankruptcy;
``(III) tax delinquency;
``(IV) abandonment; or
``(V) 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; or
``(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 section
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, 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 bystriking ``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 placement of
the oil on, in, or at the real property on
which the facility concerned is located;
``(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 located 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
to a court 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 any
substantial threat of
discharge; and
``(III) prevent or limit
any human, environmental, or
natural resource exposure to
any previously discharged oil.
``(B) Regulations establishing standards
and practices.--Not later than 2 years after
the date of the enactment of this paragraph,
the Secretary, in consultation with the
Administrator of the Environmental Protection
Agency, 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 and
practices 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, such as 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 or
near 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
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 the oil was not
at the facility or on the real
property;
``(III) commonly known or
reasonably ascertainable
informationabout 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 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
section 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.''.
SEC. 704. OIL SPILL RECOVERY INSTITUTE.
Section 5006 of the Oil Pollution Act of 1990 (33 U.S.C.
2736) is amended--
(1) in the first subsection (c), as added by
section 1102(b)(4) of Public Law 104-324 (110 Stat.
3965), by striking ``with the eleventh year following
the date of enactment of the Coast Guard Authorization
Act of 1996,'' and inserting ``October 1, 2012''; and
(2) by redesignating the second subsection (c) as
subsection (d).
SEC. 705. ALTERNATIVES.
Section 4115(e)(3) of the Oil Pollution Act of 1990 (46
U.S.C. 3703a note) is amended to read as follows:
``(3) No later than one year after the date of
enactment of the Coast Guard and Maritime
Transportation Act of 2004, the Secretary shall, taking
into account the recommendations contained in the
report by the Marine Board of the National Research
Council entitled `Environmental Performance of Tanker
Design in Collision and Grounding' and dated 2001,
establish and publish an environmental equivalency
evaluation index (including the methodology to develop
that index) to assess overall outflow performance due
to collisions and groundings for double hull tank
vessels and alternative hull designs.''.
SEC. 706. AUTHORITY TO SETTLE.
Section 1015 of the Oil Pollution Act of 1990 (33 U.S.C.
2715) is amended by adding at the end the following:
``(d) Authority To Settle.--The head of any department or
agency responsible for recovering amounts for which a person is
liable under this title may consider, compromise, and settle a
claim for such amounts, including such costs paid from the
Fund, if the claim has not been referred to the Attorney
General. In any case in which the total amount to be recovered
may exceed $500,000 (excluding interest), a claim may be
compromised and settled under the preceding sentence only with
the prior written approval of the Attorney General.''.
SEC. 707. REPORT ON IMPLEMENTATION OF THE OIL POLLUTION ACT OF 1990.
No later than 180 days after the date of the enactment of
this Act, the Commandant of the Coast Guard shall provide a
written report to the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that shall
include the following:
(1) The status of the levels of funds currently in
the Oil Spill Liability Trust Fund and projections for
levels of funds over the next 5 years, including a
detailed accounting of expenditures of funds from the
Oil Spill Liability Trust Fund for each of fiscal years
2000 through 2004 by all agencies that receive such
funds.
(2) The domestic and international implications of
changing the phase-out date for single hull vessels
pursuant to section 3703a of title 46, United States
Code, from 2015 to 2010.
(3) The costs and benefits of requiring vessel
monitoring systems on tank vessels used to transport
oil or other hazardous cargo, and of using additional
aids to navigation, such as RACONs.
(4) A summary of the extent to which the response
costs and damages for oil spill incidents have exceeded
the liability limits established in section 1004 of the
Oil Pollution Act of 1990 (33 U.S.C. 2704), and a
description of the steps that the Coast Guard has taken
or plans to take to implement subsection (d)(4) of that
section.
(5) A summary of manning, inspection, and other
safety issues for tank barges and towing vessels used
in connection with them, including--
(A) a description of applicable Federal
regulations, guidelines, and other policies;
(B) a record of infractions of applicable
requirements described in subparagraph (A) over
the past 10 years;
(C) an analysis of oil spill data over the
past 10 years, comparing the number and size of
oil spills from tank barges with those from
tanker vessels of a similar size; and
(D) recommendations on areas of possible
improvements to existing regulations,
guidelines and policies with respect to tank
barges and towing vessels.
SEC. 708. LOANS FOR FISHERMEN AND AQUACULTURE PRODUCERS IMPACTED BY OIL
SPILLS.
(a) Interest; Partial Payment of Claims.--Section 1013 of
the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by
adding at the end the following:
``(f) Loan Program.--
``(1) In general.--The President shall establish a
loan program under the Fund to provide interim
assistance to fishermen and aquaculture producer
claimants during the claims procedure.
``(2) Eligibility for loan.--A loan may be made
under paragraph (1) only to a fisherman or aquaculture
producer that--
``(A) has incurred damages for which claims
are authorized under section 1002;
``(B) has made a claim pursuant to this
section that is pending; and
``(C) has not received an interim payment
under section 1005(a) for the amount of the
claim, or part thereof, that is pending.
``(3) Terms and conditions of loans.--A loan
awarded under paragraph (1)--
``(A) shall have flexible terms, as
determined by the President;
``(B) shall be for a period ending on the
later of--
``(i) the date that is 5 years
after the date on which the loan is
made; or
``(ii) the date on which the
fisherman or aquaculture producer
receives payment for the claim to which
the loan relates under the procedure
established by subsections (a) through
(e) of this section; and
``(C) shall be at a low interest rate, as
determined by the President.''.
(b) Uses of the Fund.--Section 1012(a) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)) is amended--
(1) by striking ``Act.'' in paragraph (5)(C) and
inserting ``Act; and''; and
(2) by adding at the end the following:
``(6) the making of loans pursuant to the program
established under section 1013(f).''.
(c) Study.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Commerce, in
consultation with the Administrator of the Environmental
Protection Agency, shall submit to the Congress a study that
contains--
(1) an assessment of the effectiveness of the
claims procedures and emergency response programs under
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.)
concerning claims filed by, and emergency responses
carried out to protect the interests of, fishermen and
aquaculture producers; and
(2) any legislative or other recommendations to
improve the procedures and programs referred to in
paragraph (1).
TITLE VIII--MARITIME TRANSPORTATION SECURITY
SEC. 801. ENFORCEMENT.
(a) In General.--Chapter 701 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 70118. Firearms, arrests, and seizure of property
``Subject to guidelines approved by the Secretary, members
of the Coast Guard may, in the performance of official duties--
``(1) carry a firearm; and
``(2) while at a facility--
``(A) make an arrest without warrant for
any offense against the United States committed
in their presence; and
``(B) seize property as otherwise provided
by law.
``Sec. 70119. Enforcement by State and local officers
``(a) In General.--Any State or local government law
enforcement officer who has authority to enforce State criminal
laws may make an arrest for violation of a security zone
regulation prescribed under section 1 of title II of the Act of
June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety
zone regulation under section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b)) or a safety zone regulation
prescribed under section 10(d) of the Deepwater Port Act of
1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized
by law to prescribe such regulations, if--
``(1) such violation is a felony; and
``(2) the officer has reasonable grounds to believe
that the person to be arrested has committed or is
committing such violation.
``(b) Other Powers Not Affected.--The provisions of this
section are in addition to any power conferred by law to such
officers. This section shall not be construed as a limitation
of any power conferred by law to such officers, or any other
officer of the United States or any State. This section does
not grant to such officers any powers not authorized by the law
of the State in which those officers are employed.''.
(b) Clerical Amendment.--The chapter analysis at the
beginning of chapter 701 of title 46, United States Code, is
amended by adding at the end the following:
``70118. Enforcement.
``70119. Enforcement by State and local officers.''.
SEC. 802. IN REM LIABILITY FOR CIVIL PENALTIES AND COSTS.
(a) Amendments to Title 46, United States Code.--Chapter
701 of title 46, United States Code, is amended--
(1) by redesignating section 70117 as 70119; and
(2) by inserting after section 70116 the following:
``Sec. 70117. In rem liability for civil penalties and certain costs
``(a) Civil Penalties.--Any vessel operated in violation of
this chapter or any regulations prescribed under this chapter
shall be liable in rem for any civil penalty assessed pursuant
to section 70120 for such violation, and may be proceeded
against for such liability in the United States district court
for any district in which the vessel may be found.
``(b) Reimbursable Costs of Service Providers.--A vessel
shall be liable in rem for the reimbursable costs incurred by
any service provider related to implementation and enforcement
of this chapter and arising from a violation by the operator of
the vessel of this chapter or any regulations prescribed under
this chapter, and may be proceeded against for such liability
in the United States district court for any district in which
such vessel may be found.
``(c) Definitions.--In this subsection--
``(1) the term `reimbursable costs' means costs
incurred by any service provider acting in conformity
with a lawful order of the Federal government or in
conformity with the instructions of the vessel
operator; and
``(2) the term `service provider' means any port
authority, facility or terminal operator, shipping
agent, Federal, State, or local government agency, or
other person to whom the management of the vessel at
the port of supply is entrusted, for--
``(A) services rendered to or in relation
to vessel crew on board the vessel, or in
transit to or from the vessel, including
accommodation, detention, transportation, and
medical expenses; and
``(B) required handling of cargo or other
items on board the vessel.
``Sec. 70118. Withholding of clearance
``(a) Refusal or Revocation of Clearance.--If any owner,
agent, master, officer, or person in charge of a vessel is
liable for a penalty under section 70119, or if reasonable
cause exists to believe that the owner, agent, master, officer,
or person in charge may be subject to a penalty under section
70120, the Secretary may, with respect to such vessel, refuse
or revoke any clearance required by section 4197 of the Revised
Statutes of the United States (46 U.S.C. App. 91).
``(b) Clearance Upon Filing of Bond or Other Surety.--The
Secretary may require the filing of a bond or other surety as a
condition of granting clearance refused or revoked under this
subsection.''.
(b) Act of June 15, 1917.--Section 2 of title II of the Act
of June 15, 1917 (chapter 30; 50 U.S.C. 192), is amended--
(1) in subsection (c) by striking ``Act'' each
place it appears and inserting ``title''; and
(2) by adding at the end the following:
``(d) In Rem Liability.--Any vessel that is used in
violation of this title, or of any regulation issued under this
title, shall be liable in rem for any civil penalty assessed
pursuant to subsection (c) and may be proceeded against in the
United States district court for any district in which such
vessel may be found.
``(e) Withholding of Clearance.--
``(1) In general.--If any owner, agent, master,
officer, or person in charge of a vessel is liable for
a penalty or fine under subsection (c), or if
reasonable cause exists to believe that the owner,
agent, master, officer, or person in charge may be
subject to a penalty or fine under this section, the
Secretary may, with respect to such vessel, refuse or
revoke any clearance required by section 4197 of the
Revised Statutes of the United States (46 U.S.C. App.
91).
``(2) Clearance upon filing of bond or other
surety.--The Secretary may require the filing of a bond
or other surety as a condition of granting clearance
refused or revoked under this subsection.''.
(c) Clerical Amendment.--The chapter analysis at the
beginning of chapter 701 of title 46, United States Code, is
amended by striking the last item and inserting the following:
``70117. In rem liability for civil penalties and certain costs.
``70118. Enforcement by injunction or withholding of clearance.
``70119. Civil penalty''.
SEC. 803. MARITIME INFORMATION.
(a) Maritime Intelligence.--Section 70113(a) of title 46,
United States Code, is amended by adding at the end the
following: ``The system may include a vessel risk profiling
component that assigns incoming vessels a terrorism risk
rating.''.
(b) Vessel Tracking System.--Section 70115 of title 46,
United States Code, is amended in the first sentence by
striking ``may'' and inserting ``shall, consistent with
international treaties, conventions, and agreements to which
the United States is a party,''.
(c) Maritime Information.--Within 90 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives containing a plan for the
implementation of section 70113 of title 46, United States
Code. The plan shall--
(1) identify Federal agencies with maritime
information relating to vessels, crew, passengers,
cargo, and cargo shippers, those agencies' maritime
information collection and analysis activities, and the
resources devoted to those activities;
(2) establish a lead agency within the Department
of Homeland Security to coordinate the efforts of other
Department agencies in the collection of maritime
information and to identify and avoid unwanted
redundancy in those efforts;
(3) identify redundancy in the collection and
analysis of maritime information by agencies within the
department in which the Coast Guard is operating;
(4) establish a timeline for coordinating the
collection of maritime information among agencies
within the department in which the Coast Guard is
operating;
(5) include recommendations on co-locating agency
personnel in order to maximize expertise, minimize
costs, and avoid redundancy in both the collection and
analysis of maritime information;
(6) establish a timeline for the incorporation of
information on vessel movements derived through the
implementation of sections 70114 and 70115 of title 46,
United States Code, into the system for collecting and
analyzing maritime information;
(7) include recommendations on educating Federal
officials on the identification of security risks posed
through commercial maritime transportation operations;
(8) include an assessment of the availability and
expertise of private sector maritime information
resources;
(9) include recommendations on how private sector
maritime information resources could be utilized to
analyze maritime security risks;
(10) include recommendations on how to disseminate
information collected and analyzed through Federal
maritime security coordinators, including the manner
and extent to which State, local, and private security
personnel should be utilized, which should be developed
after consideration by the Secretary of the need for
nondisclosure of sensitive security information; and
(11) include recommendations on the need for and
how the department could help support a maritime
information sharing and analysis center for the purpose
of collecting and disseminating real-time or near real-
time information to and from public and private
entities, along with recommendations on the appropriate
levels of funding to help disseminate maritime security
information to the private sector.
(d) Limitation on Establishment of Lead Agency.--The
Secretary may not establish a lead agency within the Department
of Homeland Security to coordinate the efforts of other
Department agencies in the collection of maritime information,
until at least 90 days after the plan under subsection (c) is
submitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 804. MARITIME TRANSPORTATION SECURITY GRANTS.
(a) Grant Program.--Section 70107(a) of title 46, United
States Code, is amended to read as follows:
``(a) In General.--The Secretary shall establish a grant
program for making a fair and equitable allocation of funds to
implement Area Maritime Transportation Security Plans and
facility security plans among port authorities, facility
operators, and State and local government agencies required to
provide port security services. Before awarding a grant under
the program, the Secretary shall provide for review and comment
by the appropriate Federal Maritime Security Coordinators and
the Maritime Administrator. In administering the grant program,
the Secretary shall take into account national economic and
strategic defense concerns.''.
(b) Secretary Administering.--Section 70107 of title 46,
United States Code, is amended--
(1) by striking ``Secretary of Transportation''
each place it appears and inserting ``Secretary'';
(2) by striking ``Department of Transportation''
each place it appears and inserting ``department in
which the Coast Guard is operating''.
(c) Effective Date.--Subsections (a) and (b)--
(1) shall take effect October 1, 2004; and
(2) shall not affect any grant made before that
date.
(d) Report on Design of Maritime Transportation Security
Grant Program.--Within 90 days after the date of enactment of
this Act, the Secretary of the department in which the Coast
Guard is operating shall transmit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of House of
Representatives on the design of the maritime transportation
security grant program established under section 70107(a) of
title 46, United States Code. In the report, the Secretary
shall include recommendations on--
(1) whether the grant program should be
discretionary or formula-based and the reasons for the
recommendation;
(2) requirements for ensuring that Federal funds
will not be substituted for grantee funds;
(3) targeting requirements to ensure that funding
is directed in a manner that considers--
(A) national economic and strategic defense
concerns; and
(B) the fiscal capacity of the recipients
to fund facility security plan requirements
without grant funds; and
(4) matching requirements to ensure that Federal
funds provide an incentive to grantees for the
investment of their own funds in the improvements
financed in part by Federal funds provided under the
program.
SEC. 805. SECURITY ASSESSMENT OF WATERS UNDER THE JURISDICTION OF THE
UNITED STATES.
Not later than one year after the date of the enactment of
this Act, the Secretary of the department in which the Coast
Guard is operating shall--
(1) conduct a vulnerability assessment under
section 70102(b) of title 46, United States Code, of
the waters under the jurisdiction of the United States
that are adjacent to nuclear facilities that may be
damaged by a transportation security incident as
defined in section 70101 (6) of title 46, United States
Code;
(2) coordinate with the appropriate Federal
agencies in preparing the vulnerability assessment
required under paragraph (1); and
(3) submit the vulnerability assessments required
under paragraph (1) to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 806. MEMBERSHIP OF AREA MARITIME SECURITY ADVISORY COMMITTEES.
Section 70112(b) of title 46, United States Code, is
amended by adding at the end to following:
``(5) The membership of an Area Maritime Security
Advisory Committee shall include representatives of the
port industry, terminal operators, port labor
organizations, and other users of the port areas.''.
SEC. 807. JOINT OPERATIONAL CENTERS FOR PORT SECURITY.
The Commandant of the Coast Guard shall report to the
Congress, within 180 days after the date of the enactment of
this Act, on the implementation and use of joint operational
centers for port security at certain United States seaports.
The report shall--
(1) compare and contrast the composition and
operational characteristics of existing joint
operational centers for port security, including those
in Norfolk, Virginia, Charleston, South Carolina, and
San Diego, California;
(2) examine the use of such centers to implement--
(A) the plans developed under section 70103
of title 46, United States Code;
(B) maritime intelligence activities under
section 70113 of title 46, United States Code;
(C) short and long range vessel tracking
under sections 70114 and 70115 of title 46,
United States Code; and
(D) secure transportation systems under
section 70116 of title 46, United States Code;
and
(3) estimate the number, location and costs of such
centers necessary to implement the activities
authorized under sections 70103, 701113, 70114, 70115,
and 70116 of title 46, United States Code.
SEC. 808. INVESTIGATIONS.
(a) In General.--Section 70107 of title 46, United States
Code, is amended by striking subsection (i) and inserting the
following:
``(i) Investigations.--
``(1) In general.--The Secretary shall conduct
investigations, fund pilot programs, and award grants,
to examine or develop--
``(A) methods or programs to increase the
ability to target for inspection vessels,
cargo, crewmembers, or passengers that will
arrive or have arrived at any port or place in
the United States;
``(B) equipment to detect accurately
explosives, chemical, or biological agents that
could be used in a transportation security
incident against the United States;
``(C) equipment to detect accurately
nuclear or radiological materials, including
scintillation-based detection equipment capable
of signalling the presence of nuclear or
radiological materials;
``(D) improved tags and seals designed for
use on shipping containers to track the
transportation of the merchandise in such
containers, including sensors that are able to
track a container throughout its entire supply
chain, detect hazardous and radioactive
materials within that container, and transmit
that information to the appropriate law
enforcement authorities;
``(E) tools, including the use of satellite
tracking systems, to increase the awareness of
maritime areas and to identify potential
transportation security incidents that could
have an impact on facilities, vessels, and
infrastructure on or adjacent to navigable
waterways, including underwater access;
``(F) tools to mitigate the consequences of
a transportation security incident on, adjacent
to, or under navigable waters of the United
States, including sensor equipment, and other
tools to help coordinate effective response to
a transportation security incident;
``(G) applications to apply existing
technologies from other areas or industries to
increase overall port security;
``(H) improved container design, including
blast-resistant containers; and
``(I) methods to improve security and
sustainability of port facilities in the event
of a maritime transportation security incident,
including specialized inspection facilities.
``(2) Implementation of technology.--
``(A) In general.--In conjunction with
ongoing efforts to improve security at United
States ports, the Secretary may conduct pilot
projects at United States ports to test the
effectiveness and applicability of new port
security projects, including--
``(i) testing of new detection and
screening technologies;
``(ii) projects to protect United
States ports and infrastructure on or
adjacent to the navigable waters of the
United States, including underwater
access; and
``(iii) tools for responding to a
transportation security incident at
United States ports and infrastructure
on or adjacent to the navigable waters
of the United States, including
underwater access.
``(B) Authorization of appropriations.--
There is authorized to be appropriated to the
Secretary $35,000,000 for each of fiscal years
2005 through 2009 to carry out this subsection.
``(3) National port security centers.--
``(A) In general.--The Secretary may make
grants or enter into cooperative agreements
with eligible nonprofit institutions of higher
learning to conduct investigations in
collaboration with ports and the maritime
transportation industry focused on enhancing
security of the Nation's ports in accordance
with this subsection through National Port
Security Centers.
``(B) Applications.--To be eligible to
receive a grant under this paragraph, a
nonprofit institution of higher learning, or a
consortium of such institutions, shall submit
an application to the Secretary in such form
and containing such information as the
Secretary may require.
``(C) Competitive selection process.--The
Secretary shall select grant recipients under
this paragraph through a competitive process on
the basis of the following criteria:
``(i) Whether the applicant can
demonstrate that personnel, laboratory,
and organizational resources will be
available to the applicant to carry out
the investigations authorized in this
paragraph.
``(ii) The applicant's capability
to provide leadership in making
national and regional contributions to
the solution of immediate and long-
range port and maritime transportation
security and risk mitigation problems.
``(iii) Whether the applicant can
demonstrate that is has an established,
nationally recognized program in
disciplines that contribute directly to
maritime transportation safety and
education.
``(iv) Whether the applicant's
investigations will involve major
United States ports on the East Coast,
the Gulf Coast, and the West Coast, and
Federal agencies and other entities
with expertise in port and maritime
transportation.
``(v) Whether the applicant has a
strategic plan for carrying out the
proposed investigations under the
grant.
``(4) Administrative provisions.--
``(A) No duplication of effort.--Before
making any grant, the Secretary shall
coordinate with other Federal agencies to
ensure the grant will not duplicate work
already being conducted with Federal funding.
``(B) Accounting.--The Secretary shall by
regulation establish accounting, reporting, and
review procedures to ensure that funds made
available under paragraph (1) are used for the
purpose for which they were made available,
that all expenditures are properly accounted
for, and that amounts not used for such
purposes and amounts not expended are
recovered.
``(C) Recordkeeping.--Recipients of grants
shall keep all records related to expenditures
and obligations of funds provided under
paragraph (1) and make them available upon
request to the Inspector General of the
department in which the Coast Guard is
operating and the Secretary for audit and
examination.
``(5) Annual review and report.--The Inspector
General of the department in which the Coast Guard is
operating shall annually review the programs
established under this subsection to ensure that the
expenditures and obligations of funds are consistent
with the purposes for which they are provided, and
report the findings to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives.''.
SEC. 809. VESSEL AND INTERMODAL SECURITY REPORTS.
(a) In General.--Within 180 days after the date of the
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall submit the reports and plan
required under subsections (b), (c), (e), (f), and (j) to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
(b) Report Regarding Security Inspection of Vessels and
Vessel-Borne Cargo Containers Entering the United States.--
(1) Requirement.--The Secretary shall prepare a
report regarding the numbers and types of vessels and
vessel-borne cargo containers that enter the United
States in a year.
(2) Contents.--The report shall include the
following:
(A) A section regarding security inspection
of vessels that includes the following:
(i) 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.
(ii) 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.
(iii) An estimate of the per-vessel
cost that would be incurred by the
FederalGovernment in inspecting each
type of vessel that enters the United States each year, including costs
for personnel, vessels, equipment, and funds.
(iv) An estimate of the annual
total cost that would be incurred by
the Federal Government in inspecting
all vessels that enter the United
States each year, including costs for
personnel, vessels, equipment, and
funds.
(B) A section regarding security inspection
of containers that includes the following:
(i) 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.
(ii) 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, and the number
of each inspected.
(iii) An estimate of the per-
container cost that would be incurred
by the Federal Government in inspecting
each type of vessel-borne container
that enters the United States each
year, including costs for personnel,
vessels, and equipment.
(iv) An estimate of the annual
total cost that would be incurred by
the Federal Government in inspecting,
and where allowed by international
agreement, inspecting in a foreign
port, all vessel-borne containers that
enter the United States each year,
including costs for personnel, vessels,
and equipment.
(c) Plan for Implementing Secure Systems of
Transportation.--The Secretary shall prepare a plan for the
implementation of section 70116 of title 46, United States
Code. The plan shall--
(1) include a timeline for establishing standards
and procedures pursuant to section 70116(b) of title
46, United States Code;
(2) provide a preliminary assessment of resources
necessary to evaluate and certify secure systems of
transportation, and the resources necessary to validate
that the secure systems of transportation are operating
in compliance with the certification requirements;
(3) contain an analysis of whether establishing a
voluntary user fee to fund the certification of private
secure systems of transportation, paid for by the
person applying for certification, would enhance cargo
security;
(4) contain an analysis of the need for and
feasibility of establishing a system to inspect,
monitor, and track intermodal shipping containers
within the United States; and
(5) contain an analysis of the need for and
feasibility of developing international standards for
secure systems of transportation, including
recommendations, that includes an examination of
working with appropriate international organizations to
develop standards to enhance the physical security of
shipping containers consistent with section 70116 of
title 46, United States Code.
(d) Inspector General Implementation Report.--One year
after the date on which the plan under subsection (c) is
submitted to the Congress, the Inspector General of the
department in which the Coast Guard is operating shall transmit
a report evaluating the progress made by the department in
implementing the plan to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(e) Report on Radiation Detectors.--The Secretary shall
prepare a report on progress in the installation of a system of
radiation detection at all major United States seaports, and a
timeline and expected completion date for the system. In the
report, the Secretary shall include a preliminary analysis of
any issues related to the installation or efficacy of the
radiation detection equipment, as well as a cost estimate for
completing installation of the system.
(f) Report on Nonintrusive Inspection at Foreign Ports.--
The Secretary shall prepare a report--
(1) on whether and to what extent foreign seaports
have been willing to utilize nonintrusive screening
equipment at their ports to screen cargo, including the
number of cargo containers that have been screened at
foreign seaports, and the ports where they were
screened;
(2) indicating which foreign ports may be willing
to utilize nonintrusive screening equipment for cargo
exported for import into the United States; and
(3) indicating ways to increase the effectiveness
of the United States Government's targeting and
screening activities outside the United States and to
what extent additional resources and program changes
will be necessary to maximize scrutiny of cargo in
foreign seaports that is destined for the United
States.
(g) Evaluation of Cargo Inspection Targeting System for
International Intermodal Cargo Containers.--Within 180 days
after the date of the enactment of this Act and annually
thereafter, the Inspector General of the department in which
the Coast Guard is operating shall prepare a report that
includes an assessment of--
(1) the effectiveness of the current tracking
system to determine whether it is adequate to prevent
international intermodal containers from being used for
purposes of terrorism;
(2) the sources of information, and the quality of
the information at the time of reporting, used by the
system to determine whether targeting information is
collected from the best and most credible sources and
evaluate data sources to determine information gaps and
weaknesses;
(3) the targeting system for reporting and
analyzing inspection statistics, as well as testing
effectiveness;
(4) the competence and training of employees
operating the system to determine whether they are
sufficiently capable to detect potential terrorist
threats; and
(5) whether the system is an effective system to
detect potential acts of terrorism and whether
additional steps need to be taken in order to remedy
deficiencies in targeting international intermodal
containers for inspection.
(h) Action Report.--If the Inspector General of the
department in which the Coast Guard is operating determines in
any of the reports prepared under subsection (g) that the
targeting system is insufficiently effective as a means of
detecting potential acts of terrorism utilizing international
intermodal containers, then the Secretary of the department in
which the Coast Guard is operating shall, within 90 days,
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure House of Representatives on
what actions will be taken to correct deficiencies identified
in the Inspector General Report.
(i) Compliance With Security Standards Established Pursuant
to Maritime Transportation Security Plans.--Within 180 days
after the date of the enactment of this Act and annually
thereafter, the Secretary of the department in which the Coast
Guard is operating shall prepare a report on compliance and
steps taken to ensure compliance by ports, terminals, vessel
operators, and shippers with security standards established
pursuant to section 70103 of title 46, United States Code. The
reports shall also include a summary of security standards
established pursuant to such section during the previous year.
The Secretary shall submit the reports to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(j) Empty Containers.--The Secretary of the department in
which the Coast Guard is operating shall prepare a report on
the practice and policies in place at United States ports to
secure shipment of empty containers and trailers. The Secretary
shall include in the report recommendations with respect to
whether additional Federal actions are necessary to ensure the
safe and secure delivery of cargo and to prevent potential acts
of terrorism involving such containers and trailers.
(k) Report and Plan Formats.--The Secretary and the
Inspector General of the department in which the Coast Guard is
operating may submit any plan or report required by this
section in both classified and redacted formats, if the
Secretary determines that it is appropriate or necessary.
And the Senate agree to the same.
That the House recede from its disagreement to the
amendment of the Senate to the title of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment to the title of the bill, insert the
following: ``An Act to authorize appropriations for the Coast
Guard for fiscal year 2005, to amend various laws administered
by the Coast Guard, and for other purposes.''.
And the Senate agree to the same.
From the Committee on Transportation and
Infrastructure, for consideration of the House
bill and the Senate amendments, and
modifications committed to conference:
Don Young,
Howard Coble,
John J. Duncan, Jr.,
Pete Hoekstra,
Frank LoBiondo,
Rob Simmons,
Mario Diaz-Balart,
James L. Oberstar,
Bob Filner,
Timothy Bishop,
Nick Lampson,
For consideration of the House bill and Senate
amendments, and modifications committed to
conference:
Chris Cox,
Bennie G. Thompson,
Managers on the Part of the House.
John McCain,
Ted Stevens,
Trent Lott,
Kay Bailey Hutchison,
Olympia Snowe,
Fritz Hollings,
Daniel K. Inouye,
John Breaux,
Ron Wyden,
From the Committee on Environment and Public
Works:
Jim Inhofe,
Jim Jeffords,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendments of the Senate to 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, submit the following joint statement to
the House and the Senate in explanation of the effect of the
action agreed upon by the managers and recommended in the
accompanying conference report:
The Senate amendment to the text of the bill struck all
of the House bill after the enacting clause and inserted a
substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Section 1. Short Title.
Section 1 of the House bill states that the Act may be
referred to as the ``Coast Guard and Maritime Transportation
Act of 2003.''
Section 1 of the Senate amendment states the Act may be
cited as the ``Coast Guard Authorization Act of 2004.''
The Conference substitute adopts the House bill with an
amendment.
Section 1 of the conference agreement states the Act may
be cited as the ``Coast Guard and Maritime Transportation Act
of 2004.''
TITLE I--AUTHORIZATION
Section 101. Authorization of Appropriations
Section 101 of the House bill authorizes funds for the
Coast Guard in fiscal year 2004.
Section 101 of the Senate amendment is similar to the
House provision except that the Senate provision authorizes
funds for fiscal years 2004 and 2005 and contains different
authorization levels than those that are included in the House
bill.
The Conference substitute authorizes the following
amounts for fiscal year 2005:
Operating Expenses...................................... $5,404,000,000
Research, Development Testing and Evaluation............ 24,200,000
Retired Pay............................................. 1,085,000,000
Environmental Compliance and Restoration................ 17,000,000
Alterations to Bridges.................................. 19,650,000
Acquisition, Construction and Improvement............... 1,500,000,000
Rescue 21............................................... 161,000,000
Integrated Deepwater System............................. 1,100,000,000
Coast Guard Reserve..................................... 117,000,000
The conference included $5,404,300,000 for the Coast
Guard's operating expenses. This represents an increase of
fourteen percent over FY 2004 levels. This includes over $300
million in authorizations for port security over the FY 2005
budget request, including an additional $40 million for
expedited implementation of the Automatic Identification
Systems requirements. It also includes over $100 million to
cover the increases in operating tempo that the Coast Guard has
experienced over the past few years, so that the traditional
core missions of the Coast Guard, such as search and rescue of
mariners in distress and protection of our living marine
resources, are not compromised.
Currently, the only Coast Guard HITRON squadron is based
in Jacksonville, Florida. Since the program's inception in
1999, HITRON helicopters have successfully interdicted cocaine
that had a value of more than $4 billion. 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 Conferees believes that
leasing additional squadron of HITRON helicopters and deploying
these helicopters to the West Coast will help stem the flow of
cocaine and other illegal shipments into the West Coast of the
United States and provide RT-MSST anti-terrorist protection.
Therefore the conferees recommend that the Coast Guard
establish a West Coast HITRON squadron. The authorization
levels provided in H.R. 2443 provide sufficient funds in the
operating expense account to lease these additional assets.
The conferees authorize a significant increase for
Acquisition, Construction and Improvements over the
Administration request, and the Fiscal Year 2004 appropriated
level. The conferees recommend that an amount of this increase
go toward reducing the current $54,000,000 Fiscal Year 2005
unfunded shore facilities requirements list.
Section 102. Authorized Levels of Military Strength and Training
Section 102 of the House bill 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 Acquisition............................................... 1,200
Section 102 of the Senate amendment is identical to the
House bill.
The conference substitute adopts the House provision, as
amended to include 2005 levels.
TITLE II--COAST GUARD MANAGEMENT
Section 201. Long-Term Leases
Section 201 of the House bill 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.
Paragraph (3) of Section 302 of the Senate amendment is
similar to the House provision, but would allow 20-year leases
between the Coast Guard and non-Federal entities.
The conference substitute adopts the House provision.
Section 202. Nonappropriated Fund Instrumentalities
Section 202 of the House bill 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.
Section 209 of the Senate amendment is similar to the
House provision.
The conference substitute adopts the House provision.
This section provides Coast Guard Exchanges parity with
Department of Defense non-appropriated fund instrumentalities
(10 U.S.C. 2482a).
Section 203. Term of Enlistments
Section 203 of the House bill 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.
Section 207 of the Senate amendment is similar to the
House provision.
The conference substitute adopts the Senate amendment.
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.
Section 204. Enlisted Member Critical Skill Training Bonus
Section 204 of the House bill authorizes the Coast Guard
to offer an incentive bonus to encourage enlisted members to
enter certain critical skill specialties.
Section 201 of the Senate amendment is similar to the
House provision.
The conference substitute adopts the House provision.
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 Indemnity for Disabling Vessels Liable to Seizure or
Examination
Section 205 of the House bill 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.
Section 312 of the Senate amendment is similar to the
House bill and includes a report mandating the submission of
information regarding the location, circumstances and
consequences surrounding the use of any disabling firing.
The conference substitution adopts the House provision
amended by the addition of the report included in the Senate
amendment.
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.
Under current law 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.
Section 206. Administrative, Collection, and Enforcement Costs for
Certain Fees and Charges
Section 206 of the House bill 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.
The Senate amendment does not contain a comparable
provision.
The conference substitute adopts the House provision.
Under current law, there are three statutes pursuant to
which the Coast Guard collects user fees for its services. The
Independent Offices Appropriations Act of 1951, 31 U.S.C. 9701,
applies general user fee authority 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
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 207. Expansion of Coast Guard Housing Authorities
Section 207 of the House bill provides the Coast Guard
with the same direct loan authority for the acquisition and
construction of housing currently available to the Department
of Defense, allows the Commandant to make differential lease
payments, if necessary, to encourage private construction of
Coast Guard housing, and allows for multiple demonstration
projects to be conducted at any Coast Guard installation in
Alaska.
Section 203 of the Senate amendment is similar to the
House provisions except that it does not include language that
would grant the Secretary of the department in which the Coast
Guard is operating to enter into limited partnerships with
eligible entities, establish additional demonstration projects
in Alaska, or the ability to make differential lease payments.
The conference substitute adopts the House provision.
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. 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.
Section 207 allows for more than one demonstration project, and
allows the projects to be conducted at any Coast Guard
installation in Alaska.
Section 208. Requirement for Constructive Credit
Section 208 of the House bill reduces the amount of
mandatory constructive credit granted to a Reserve Law
Specialist upon designation or assignment to one year from the
current level of three years. This section will allow the Coast
Guard to consider the officer's education and experience,
potential career opportunities, and service needs to determine
appropriate credit.
Section 208 of the Senate amendment is substantively the
same as the House provision.
The Conference substitute adopts the Senate amendment.
Section 209. Maximum Ages for Retention in an Active Status
Section 209 of the House bill 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.
Section 206 of the Senate amendment is substantively the
same as the House provision.
The Conference substitute adopts the House provision.
Section 210. Travel Card Management
Sec. 210 of the House bill 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. 210 of the Senate amendment is a substantively
similar provision.
The Conference substitute adopts the Senate amendment.
This section would authorize the Coast Guard to disburse
travel reimbursement directly to the issuer of a contractor-
issued travel charge card and would allow the Coast Guard to
withhold pay from Coast Guard personnel who have delinquent
travel charge cards accounts. This provision is similar to
authority granted to the Department of Defense in 1999.
Section 211. Coast Guard Fellows and Detailees
Sec. 211 of the House Bill provides statutory authority
for a Coast Guard Congressional Fellowship Program, 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.
The Senate amendment does not contain a comparable
provision.
The Conference substitute requires the Coast Guard, in
consultation with the Attorney General, to report on its
existing standards with regards to Congressional detailees and
compare those standards to other Federal agency detailees and
to make any recommendations, if necessary, to ensure against
conflicts of interest and issues of separation of powers.
Section 212. Long-Term Lease of Special Use Real Property
Section 212 of the House bill allows the Coast Guard to
enter into a lease of up to 20 years for a new facility
constructed by Muskegon County that meets criteria established
by the Commandant.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
authorizes the Secretary to enter into long-term leases for up
to 20 years for special use real property for the purposes of
carrying out Coast Guard aviation, maritime and navigation
missions other than general purpose office and storage space.
Currently, the Coast Guard's general leasing authority is
limited to the current fiscal year. This proposal would provide
the Coast Guard with the authority to lease special use real
property, including unimproved or vacant land, for terms not to
exceed 20 years. This 20-year limitation is consistent with the
Coast Guard's current authority to lease real property for
navigation and consistent with the Coast Guard's current
authority to lease real property for navigation and
communications systems sites. The Coast Guard would use this
expanded leasing authority to acquire leasehold interests in
non-Federally-owned lands in those instances when the landowner
is unwilling or unable (e.g. in the case of a municipality
limited by state law or local ordinance) to convey the
property's title to the United States. Such leasehold interests
would be acquired for direct support of Coast Guard missions,
such as sites for small boat stations, air search and rescue
stations, or helicopter landing pads. Opportunities for the
Coast Guard to enter into long-term leases have arisen at a
variety of facilities over the past several years, such as
Muskegon County, Michigan, which has been discussing the
possible lease of a facility constructed by the County at
Muskegon County Airport as an air search and rescue station;
station buildings in Carquinez and Morro Bay, California; a
pier and cutter support team building in Cordova, Alaska; and
other facilities throughout the country.
The Conferees expect the Coast Guard to use this new
authority judiciously and in the best interest of the United
States. Additionally, the Conferees direct the Coast Guard to
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives 30 days prior to entering into any long-term
lease utilizing this authority detailing the circumstances of
the lease and the Coast Guard's requirements leading to this
lease.
Section 213. National Coast Guard Museum
Section 213 of the House bill allows the Coast Guard to
establish a National Coast Guard Museum to be located in New
London, Connecticut. The House provision also prohibits the
spending of Federal funds for planning, engineering, design,
construction, operation or maintenance of the Museum, and
mandates the submission of an operation and maintenance plan to
Congress before the Museum is established.
Section 409 of the Senate amendment allows for the
establishment of a National Coast Guard Museum to be located in
New London, Connecticut or a location of comparable historic
connection to the Coast Guard. The Senate provision contains no
prohibition of Federal funds for Museum construction and
activities and mandates the submission of an operation and
maintenance plan to Congress before the Museum is established.
The Conference substitute adopts a provision that
authorizes the Commandant of the Coast Guard to establish a
National Coast Guard Museum to be located in New London,
Connecticut at, or in close proximity to, the Coast Guard
Academy. The provision restricts the Coast Guard from expending
federally appropriated funds for engineering, design or
construction costs. The provision also requires that the Museum
be supported with nonappropriated, nonfederal funds to the
greatest extent possible, and establishes the preservation and
protection of historic artifacts as the priority use for
Federal funds. Before the establishment of any museum under
this section, the Commandant is required to submit to Congress
a plan for constructing, operating and maintaining such a
museum. Such plan is to include a discussion ofany shortfall of
funds for engineering, design or construction. The provision prohibits
the Commandant from establishing a national Coast Guard museum other
than under this section.
The Conferees do not consider the conduct of academic
programs relating to the curriculum of the Coast Guard Academy,
the Coast Guard leadership Program or other Coast Guard
programs that utilize the collections, artifacts and facilities
of the Museum to be operation and maintenance activities of the
Museum. Therefore, such programs are not subject to the
limitation on operation and maintenance funding.
Section 214. Limitation on Number of Commissioned Officers
Section 214 of the House bill provides a temporary
increase in the authorized cap on Coast Guard officers to 6,700
for fiscal year 2004.
Section 202 of the Senate amendment would permanently
increase the authorized cap on Coast Guard officers to 7,100
and authorizes an increase in the percentage of Commanders and
Lieutenant Commanders to 15 and 22 percent, respectively.
The Conference substitute adopts a provision that will
temporarily increase the authorized cap on Coast Guard officers
to 6,700 officers for the fiscal years 2004, 2005 and 2006 and
authorizes an increase in the percentage of Commanders and
Lieutenant Commanders to 15 and 22 percent, respectively.
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. The Coast Guard
budget proposes to convert 78 billets from military to civilian
positions in each of fiscal years 2003 and 2004. Conferees urge
the Coast Guard to accelerate the conversion of those jobs that
are not required for military purposes to civilian positions.
This conversion will provide for increased continuity in
positions and decrease the need for additional officer billets
in the future.
This section will meet the short-term needs of the Coast
Guard in addressing changes necessitated by increased
responsibilities related to homeland security missions. The
Coast Guard has assured the Conferees that the Service does not
intend to increase the officer Corps beyond the authorized
level before the end of Fiscal Year 2006.
Section 215. Redistricting Notification Requirement
Section 215 of the House bill 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.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision
amended by adding the Committee on Commerce, Science, and
Transportation of the Senate as a committee to be notified
before such redistricting action occurs and by amending the
language to define an action requiring notification under this
section as a permanent transfer of a percentage of personnel or
equipment away from a District Office to which they were
previously assigned.
The conferees understand the Department of Homeland
Security is undertaking efforts to comply with Section 706 of
the Homeland Security Act and create a plan for the
consolidation and co-location of agency regional offices. The
conferees remain concerned of the impact this will have on the
Cost Guard's mission-based district organization.
The conferees note that Coast Guard districts are
currently organized to take into account the interrelated
nature of specific riverine, estuarine, and other marine
systems. The districts are arranged to address predominate
missions and threats which confront specific marine systems. In
addition, the service has built an extensive system of secure
communications at these offices from which they control the
wide range of Coast Guard operations. Arbitrarily dividing up
the current district structure to comport with the conveniences
of other Department of Homeland Security agencies could
severely undermine the Coast Guard's mission effectiveness.
Section 216. Report on Shock Mitigation Standards
Section 217 of the House bill requires the Secretary to
establish shock mitigation standards for boat decking material
on Coast Guard vessels.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision which
requires the Commandant of the Coast Guard to report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the necessity of and possible
standards for decking material in order to mitigate adverse
effects of shock and vibration of Coast Guard vessels on crew
members.
Section 217. Recommendations to Congress by Commandant of the Coast
Guard
Section 219 of the House bill authorizes the Commandant
of the Coast Guard to make recommendations to the Congress
without the direction and guidance of the Administration.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
Section 218. Coast Guard Education Loan Repayment Program
Section 221 of the House Bill allows the Secretary to
repay certain loans incurred by active enlisted members of the
Coast Guard for purposes of higher education.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
This section would allow the Secretary to repay a portion
of certain higher education loans incurred by active enlisted
members of the Coast Guard. The amount of repayment is limited
to 33\1/3\% of the loan or $1,500 per year of service by the
enlisted member.
Section 219. Contingent Expenses
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
increases the funding level authorized for Coast Guard
contingent expenses to an amount of $50,000 per fiscal year.
These funds are used by the Service for representational
and reception purposes. The current authorized level is $7,500
and has not been increased since being established in 1949.
Section 220. Reserve Admirals
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
clarifies language that outlines the maximum term of service in
active status for reserve rear admirals of the Coast Guard to
ensure that reserve officers may serve a full four-year term at
that position.
Section 221. Confidential Investigative Expenses
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
increases the funding level authorized for Coast Guard
confidential investigative expenses to an amount of $45,000 per
fiscal year.
The current authorized amount is $15,000 and has not been
increased since being established in 1974.
Section 222. Innovative Construction Alternatives
The House bill does not contain a comparable provision.
Section 407 of the Senate amendment authorizes the
Commandant of the Coast Guard to consult with the Office of
Naval Research and other Federal agencies with research and
development programs that may provide innovative construction
alternatives for the Integrated Deepwater System.
The Conference substitute adopts the Senate provision.
Section 223. Delegation of Port Security Authority
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
authorizes the President to delegate the authority to issue
rules and regulations under 50 U.S.C. 191 to the Secretary of
the department in which the Coast Guard is operating. 50 U.S.C.
191 allows for the emergency regulation of vessels in time of
national emergency.
Section 224. Fisheries Enforcement Plans and Reporting
The House bill does not contain a comparable provision.
Section 321 of the Senate amendment would require the
Coast Guard and National Oceanic and Atmospheric Administration
to improve their consultations with each other and with State
and local authorities in setting priorities for and
coordinating the enforcement of fisheries laws and regulations.
The Conference substitute adopts the Senate provision, as
amended.
Section 225. Use of Coast Guard and Military Child Development Centers
The House bill does not contain a comparable provision.
Section 211 of the Senate amendment would allow the
Secretary of Defense and the Secretary of the department in
which the Coast Guard is operating to agree to provide day care
services without requiring reimbursement. It also would provide
children of Coast Guard members the same access as children of
DOD members to DOD child care facilities.
The Conference substitute adopts the Senate provision as
amended, to require mutual reimbursement for use of each
other's centers.
Section 226. Property Owned by Auxiliary Units and Dedicated Solely for
Auxiliary Use
The House bill does not contain a comparable provision.
Section 204 of the Senate amendment allows for the
treatment of real and personal property owned by a unit of the
Coast Guard Auxiliary to be considered as Federal property for
purposes of liability.
The Conference substitute adopts the Senate provision
with an amendment.
This section would state that real and personal property
owned by a unit of the Coast Guard Auxiliary shall be
considered Federal property for liability purposes at all times
unless the property is being used outside the scope of the
Auxiliary mission. This section also allows the Secretary of
the department in which the Coast Guard is operating to
reimburse the Auxiliary for operation, maintenance, repair, or
replacement of Auxiliary property when it is being used
exclusively for Auxiliary business.
TITLE III--NAVIGATION
Section 301. Marking of Underwater Wrecks
Section 301 of the House bill gives the Commandant of the
Coast Guard discretion in the manner in which a sunken vessel
is to be marked for purposes of navigation.
Section 301 of the Senate amendment is a similar
provision.
The Conference substitute adopts the Senate amendment
that grants the Commandant of the Coast Guard discretion to
permit a sunken wreck to be marked without using a lighted buoy
if the Commandant determines that placing a light would be
impractical and granting such a waiver would not create an
undue hazard to navigation.
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, the
Coast Guard currently performs much of this type of marking.
The Coast Guard generally uses unlighted buoys for this
purpose.
Section 302. Use of Electronic Devices; Cooperative Agreements
Section 302 of the House bill amends the Ports and
Waterways Safety Act (33 U.S.C. 1223) (PWSA) 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. This section also
amends the PWSA 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.
Section 302 of the Senate amendment would authorize the
Secretary to prohibit the use of certain electronic devices
that could interfere with shipboard navigation or
communications systems. It also would authorize the Secretary
to enter into partnerships and cooperative ventures with non-
Federal entities to carry out Ports and Waterways Safety Act
vessel operating requirements, including vessel traffic
services, and would allow longer-term, 20-year leases between
the Coast Guard and such partners. The Senate provision also
exempts from the prohibition electronic or other devices that
use a certain portion of the spectrum currently owned by a
private entity.
The Conference substitute adopts the House provision with
a slight clarification that the use of electronic or other
devices that interfere with a vessel's communication or
navigation equipment is prohibited aboard vessels, but
restricts the Secretary from using this authority with respect
to electronic or other devices certified to transmit in the
maritime services by the Federal Communications Commission and
used within the frequency bands 157.1875-157.4375 MHz and
161.7875-162.0375 MHz.
With the increased reliance on Geographic Positioning
Systems (GPS), interference to GPS receivers could become a
significant problem, especially when GPS is 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.
Section 303. Inland Navigation Rules Promulgation Authority
Section 303 of the House bill 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.
Section 314 of the Senate amendment contains a similar
provision.
The Conference substitute adopts the House provision.
This change allows for future changes to the Inland
Navigation Rules through the regulatory process without the
need for statutory changes.
Section 304. Saint Lawrence Seaway
The House bill contains no similar provision.
The Senate bill contains no similar provision.
The conference substitute maintains the role of the
Secretary of Transportation in carrying out the Ports and
Waterways Safety Act as it relates to the Saint Lawrence
Seaway.
TITLE IV--SHIPPING
Section 401. Reports From Charterers
Section 401 of the House bill gives the Secretary the
authority to require reports from vessel charterers to ensure
compliance with laws governing vessels engaged in coastwise
trade and fisheries. Under current law, the Secretary may
require reports from vessel owners and masters.
Section 303 of the Senate amendment includes an identical
provision.
The Conference substitute adopts the House provision.
Section 402. Removal of Mandatory Revocation for Proved Drug
Convictions in Suspension and Revocation Cases
Section 402 of the House bill would remove the automatic
requirement to suspend a merchant mariner's credentials in
every document suspension and revocation case involving a drug
conviction, thereby giving the Coast Guard Administrative Law
Judge additional discretion in appropriate cases involving
minor offenses.
Section 306 of the Senate amendment contains an identical
provision under a different heading.
The Conference substitute adopts the Senate provision.
Under current law, a 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 ALJ's 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.
Section 403. Records of Merchant Mariner Documents
Section 403 of the House bill strikes the prohibition on
``general or public inspection'' of merchant mariners'
documents (MMDs).
Section 307 of the Senate amendment contains a
substantively similar provision.
The Conference substitute adopts the Senate provision.
Striking this prohibition will bring merchant mariners'
documents (MMDs) 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.
Section 404. Exemption of Unmanned Barges From Certain Citizenship
Requirements
Section 404 of the House bill exempts unmanned barges
from the requirement that all documented vessels be under the
command of a citizen of the United States unless those vessels
are engaged in a coastwise voyage.
Section 308 of the Senate amendment is a similar
provision.
The Conference substitute adopts the Senate provision.
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, the current 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 decision making 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.
Section 405. Compliance With International Safety Management Code
Section 405 of the House bill 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
(ISM) Code when any part of the voyage occurs on the high seas.
Section 316 of the Senate amendment contains a similar
provision.
The Conference substitute adopts the House provision.
This section would require foreign flagged vessels on
``voyages to nowhere'' to comply with the ISM Code. It would
amend section 3201 of title 46 to require foreign flagged
vessels departing and returning to the same U.S. port, or
returning to another port under the jurisdiction of the U.S.,
to comply with the ISM Code when any part of the voyage occurs
on the high seas.
Section 406. Penalties
Section 406 of the House bill increases the maximum civil
administrative penalty for violations of Federal recreational
boat safety regulations 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.
Section 310 of the Senate amendment follows the House
provision in increasing civil penalties. The Senate provision
also adds a criminal penalty provision for knowing and willful
violations of section 4307(a).
The Conference substitute adopts the civil penalties
provision and establishes criminal penalties for willful and
knowing violation of section 4310 (f). Section 4310 (f) allows
the Secretary to require a recall of a recreational vessel or
associated equipment.
Section 407. Revision of Temporary Suspension Criteria in Document
Suspension and Revocation Cases
Section 407 of the House bill 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.
Section 304 of the Senate amendment contains a similar
provision.
The Conference substitute largely adopts the Senate
provision and further describes conditions that would allow the
Secretary to temporarily suspend an MMC.
Under current law, an MMC could only be suspended or
revoked for an 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 an 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.
Section 408. Revision of Bases for Document Suspension and Revocation
Cases
Section 408 of the House bill 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.
Section 305 of the Senate amendment contains a similar
provision.
The Conference substitute adopts the Senate provision,
and further defines circumstances under which the Secretary of
the department in which the Coast Guard is operating may
suspend or revoke merchant mariner's credentials.
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. The section allows an MMC to be revoked whenever the
mariner commits an act of incompetence related to the operation
of a vessel. The section also adds security threat as a basis
for which the Secretary may suspend or revoke an MMC.
Section 409. Hours of Service on Towing Vessels
Section 409 of the House bill 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.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
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 Conferees expect 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 Conferees also expect
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.
Section 410. Electronic Charts
Section 410 of the House bill requires shipboard
automatic identification systems to include electronic charts
and related display.
Section 324 of the Senate amendment would require the
Coast Guard, in consultation with NOAA, to report on the costs
of completing Electronic Navigation Charts for the existing
suite of NOAA charts, the costs and benefits of requiring
electronic navigation systems on vessels, and a description of
international standards in this area.
The conference substitute requires certain vessels to be
equipped with and be able to operate electronic charts.
The section applies to self propelled commercial vessels
of at least 65 feet in length, vessels carrying more passengers
than an amount prescribed by the Secretary, a towing vessel of
more than 26 feet in length and 600 horsepower, and any other
vessel for which the Secretary decides that electronic charts
are necessary for the safe navigation of the vessel. 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 Conferees believe
that electronic charts tied to a Global Positioning Satellite
receiver will help prevent accidents such as this in the
future. The conferees recognize that vector electronic charts
may not be available for all of the navigable waters of the
United States. However, the Secretary may allow a vessel
operator to use raster electronic charts until vector charts
become available for those waters.
This section also allows the Secretary to waive the
requirement for a vessel to be equipped with an electronic
chart system 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. If the vessel is also required to have an
Automatic identification system (AIS) on board the vessel under
section 70114 of title 46, United States Code, theConferees
believe that the Secretary should require the AIS system information to
be integrated with the electronic chart display.
Section 411. Prevention of Departure
Section 411 of the House bill allows the Coast Guard to
conduct examinations to ensure that a passenger vessel calling
on a U.S. port complies with the International Convention for
the Safety of Life at Sea (SOLAS) so long as a U.S. citizen
passenger is aboard.
Section 315 of the Senate amendment contains a similar
provision.
The Conference substitute adopts the Senate provision
with a clarifying amendment.
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 (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.
Section 412. Service of Foreign Nationals for Maritime Educational
Purposes
Section 412 of the House bill would allow foreign
nationals enrolled at the United States Merchant Marine Academy
to operate aboard a vessel as an unlicensed seaman for purposes
of fulfilling educational requirements for graduation from the
Academy.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
Section 413. Classification Societies
Section 413 of the House bill prohibits a classification
society from operating in interstate or foreign commerce
without the review of the society's activities and subsequent
approval of the Secretary of the department in which the Coast
Guard is operating. The section also outlines criteria which
must be met in the determination of the Secretary before a
society receives the Secretary's approval.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
prohibits a classification society from reviewing or certifying
the construction, repair, or alteration of a vessel while in
the United States unless the society has applied for and
received approval from the Secretary of the department in which
the Coast Guard is operating or the society is a full member of
the International Association of Classification Societies. The
provision also outlines criteria which must be met in the
determination of the Secretary before a society receives the
Secretary's approval.
Section 414. Drug Testing Reporting
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
requires Federal agencies to submit results of positive drug
tests and verified test violations from civilian and certain
uniformed personnel employed aboard Federally-operated vessels
to the Coast Guard.
Section 415. Inspection of Towing Vessels
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adds towing vessels, as defined
in section 2101 of title 46, United States Code, as a class of
vessels that are subject to safety inspections under chapter 33
of that title. Section 3306 of title 46 details the items that
are to be regulated under the chapter to secure the safety of
individuals and property on board the vessel. This includes
design, construction, alteration and repair of the
superstructures, hulls, fittings, equipment appliances,
propulsion equipment, machinery, lifesaving equipment,
firefighting equipment, and vessel stores and other supplies of
a dangerous nature.
The Coast Guard may prescribe different standards for
towing vessels than for other types of inspected vessels.
Similarly, the Coast Guard can prescribe different standards
for the various types of towing vessels based on size,
horsepower, type of operation, area of operation. For example,
the Coast Guard can prescribe different standards with regard
to propulsion machinery and hulls for a towing vessel pushing
barges down the Mississippi River than for vessels that provide
towing assistance for recreational vessels.
New section 3306(j) of title 46, United States Code,
authorizes the Secretary of the department in which the Coast
Guard is operating to establish by regulation a safety
management system appropriate for the characteristics, methods
of operation, and nature of service of towing vessels. Safety
management systems allow the Coast Guard to oversee the
maintenance andrepair of vessel equipment and ship systems
subject to inspection through an approved safety management plan that
includes maintenance schedules and system tests. The Coast Guard may
enforce the plan through audits of the vessel's logs and vessel
operator's records rather than having to directly oversee the repair or
maintenance work conducted on a particular piece of equipment or ship
system.
Section 416. Potable Water
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
requires vessels subject to inspection by the Coast Guard to
have an adequate supply of potable water for drinking and
washing.
Section 417. Transportation of Platform Jackets
The House bill does not contain a comparable provision.
Section 406 of the Senate amendment would make a
technical clarification to a provision under the MTSA that
allows the use of foreign launch barges in certain offshore
construction.
The Conference substitute amends the thirteenth proviso
(pertaining to transportation by launch barge) to allow
previously non-qualified launch barges built before December
31, 2000 and has a launch capacity of at least 12,000 gross
tons to participate in the coastwise trade under certain
conditions.
Section 418. Renewal of Advisory Groups
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision, which
reauthorizes several safety advisory committees through
September 30, 2010.
TITLE V--FEDERAL MARITIME COMMISSION
Section 501. Authorization of Appropriations for Federal Maritime
Commission
Section 501 of the House bill authorizes appropriations
for the Federal Maritime Commission for Fiscal Year 2004.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
authorizes appropriations for the Federal Maritime Commission
for each of the Fiscal Years 2005 through 2008.
Section 502. Report on Ocean Shipping Information Gathering Efforts
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
requires the Chairman of the Federal Maritime Commission to
submit a report to Congress regarding the sharing of ocean
shipping information with Federal, State, and local government
agencies to assist law enforcement and anti-terrorism efforts.
TITLE VI--MISCELLANEOUS
Section 601. Increase in Civil Penalties for Violations of Certain
Bridge Statutes
Section 601 of the House bill 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 a maximum of $25,000 per-
day per-violation. This section phases in that increase over 5
years.
Section 309 of the Senate amendment also increases the
civil penalties for bridge violations to a maximum of $25,000
per-day, per-violation upon enactment of the Act.
The Conference substitute adopts the House provision.
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.
Section 602. Conveyance of Decommissioned Coast Guard Cutters
Section 602 of the House bill directs the Commandant of
the Coast Guard to convey three decommissioned Coast Guard
vessels for historical display purposes to nonprofit
corporations in Port Huron, Michigan, Sherman Oaks, California,
and Duluth, Minnesota, respectively.
Section 403 of the Senate amendment contains a similar
provision, but makes the transfer of the vessels discretionary.
The Conference substitute adopts the Senate provision.
As a condition of conveyance, the recipients 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.
Section 603. Tonnage Measurement
Section 603 of the House bill 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.
The Senate amendment does not contain a comparable
provision.
The Conference substitute authorizes the Secretary of the
department in which the Coast Guard to apply section 8104(o) of
title 46, United States Code, to the vessels M/V Bluefin and M/
V Coastal Merchant unless such application would compromise
safety.
Section 604. Operation of Vessel ``Stad Amsterdam''
Section 604 of the House bill 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.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision similar to
the House provision, but limits the authorization to 45
calendar days per year and requires the Secretary to revoke the
authorization if the terms of the authorization are not adhered
to.
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 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.
Section 605. Great Lakes Regional National Maritime Enhancement
Institute
Section 605 of the House bill 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 Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
authorizes the Secretary of Transportation to designate a
National Maritime Enhancement Institute in the Great Lakes
region. The provision also requires the Secretary to conduct a
study on a number of issues related to marine cargo
transportation in the Great Lakes and to report the result on
this study to Congress. The study is to be completed within two
years of the enactment of the Act and $1.5 million is
authorized to be appropriated to the Secretary of
Transportation for each of fiscal years 2005 and 2006.
Section 606. Koss Cove
Section 607 of the House bill designates a cove lying off
the southern coast of 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 Rainier, and died in the
performance of a nautical charting mission in this cove.
Section 404 of the Senate amendment contains a similar
provision.
The Conference substitute adopts the House provision.
Section 607. Miscellaneous Certificates of Inspection
Section 608 of the House bill section provides coastwise
trade endorsements for two U.S.-flag, U.S. owned, and U.S.
built vessels, the Ocean Leader and the Revelation.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
an amendment that provides coastwise trade endorsements for two
additional vessels, the Miss Linda, and the Ragland.
Section 608. Requirements for Coastwise Endorsement
Section 609 of the House bill requires the Secretary of
the department in which the Coast Guard is operating to
implement final regulations to carry out section 12106(e) of
title 46, United States Code, regarding lease financing by
foreign entities of vessels intended to be used in the
coastwise trade.
The Senate amendment does not contain a comparable
provision.
The Conference substitute requires that foreign owners of
U.S.-built vessels engaged in the coastwise trade annually
certify that the owner is a financial institution without any
active interest in the operation of the vessel or any
affiliation with a parent company, subsidiary or other
affiliate that operates vessels for hire or has the ability to
directly or indirectly control or direct the use of any vessel.
The substitute exempts certain vessels that carry
predominantly proprietary cargo (defined as petroleum-derived
products) and vessels owned by one entity engaged in the
transportation and distribution of petroleum products in Alaska
from these requirements.
The substitute allows vessels that had been procured by
lease financing under the Coast Guard's pre-February 4, 2004
policy to maintain their coastwise endorsements for the life of
the vessel. Replacement vessels for such vessels may receive a
coastwise endorsement if replacement is due to an act of God or
a marine casualty, or if a contract to build such a replacement
vessel is entered into prior to December 31, 2004. Offshore
supply vessels procured by lease financing under the Coast
Guard's pre-February 4, 2004 policy may maintain their
coastwise endorsement for 3 years after the date of enactment
of this Act.
Section 609. Correction of References to National Driver Register
Section 614 of the House bill makes technical corrections
to the National Driver Register Act of 1982 (23 U.S.C. 401
note).
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
Section 610. Wateree River
Section 615 of the House bill designates a portion of the
Wateree River in the state of South Carolina stretching from
100 feet upstream of the railroad bridge located at
approximately mile marker 10.0 to a point 100 feet downstream
of the bridge to be non-navigable waters for purposes of bridge
administration.
Section 405 of the Senate amendment contains a similar
provision.
The Conference substitute adopts the House provision.
Section 611. Merchant Mariners' Documents Demonstration Program
Section 616 of the House bill authorizes the Secretary of
the department in which the Coast Guard is operating to
establish a pilot program in the 17th Coast Guard District to
improve processing and procedures for issuing merchant
mariners' documents. The provision directs the Secretary to
consult with the Secretary of the Air Force so that any such
demonstration program will implement some of the measures
currently in place in the Air Force program.
The Senate amendment does not contain a comparable
provision.
The Conference substitute authorizes the Secretary to
establish a merchant mariner documents technology demonstration
program.
In carrying out any pilot project under this section, the
Conferees expect the Secretary to give particular consideration
to the distances that must be traveled between areas in which
mariners work and processing offices. The Conferees also expect
the Secretary to consider the seasonal nature of work done in
those areas. Clearly the greatest benefits to be derived from
automated documents processing would come in areas where the
distance to and from work sites is the greatest, and the
duration of the work the shortest. Any pilot project should
demonstrate methods to improve processing and procedures for
issuing merchant mariners' documents. The Conferees encourage
the Secretary to consult with the Secretary of the Air Force
regarding the efficiency and effectiveness of the content
management technology and information management tools that are
currently used by the Department of the Air Force in the Air
Force Publishing Directorate.
Section 612. Conveyance
Section 617 of the House bill conveys the light station
built on Sentinel Island, Alaska and the surrounding land to
the Gastineau Channel Historical Society of Juneau, Alaska.
Under terms of the conveyance all navigational aids on the
island and all property must be maintained in working condition
by the Society.
The Senate amendment does not contain a comparable
provision.
The Conference substitute directs the Secretary of the
department in which the Coast Guard is operating to convey
Sentinel Island to the entity that receives ownership of the
light station through the competitive process outlined by the
National Historic Lighthouse Preservation Act (16 U.S.C. 470w-
7). The provision retains the terms of conveyance that were
included in the original House provision.
Section 613. Bridge Administration
Section 619 of the House bill repeals section 325 of
Public Law 97-369 (96 Stat. 1785) which prohibits approval of
any project or action which would interfere with the reasonable
needs of navigation on the Columbia Slough, Oregon.
Section 408 of the Senate amendment is a substantively
similar provision which removes the prohibition of approval of
any such project by amending the statute rather than repealing
it.
The Conference substitute adopts the Senate provision.
Section 614. Sense of the Congress Regarding Carbon Monoxide and
Watercraft
Section 620 of the House bill expresses the sense of the
Congress that the Coast Guard should continue to place a high
priority on addressing the safety risks posed to boaters by
elevated levels of carbon monoxide unique to watercraft, and
work with vessel and engine manufacturers, the American Boat &
Yacht Council, other Federal agencies, and the entire boating
community in order to determine the best ways to minimize the
number of carbon monoxide-related boating deaths occurring each
year.
The Senate amendment does not contain a comparable
amendment.
The Conference substitute adopts the House provision.
Section 615. Mitigation of Penalty Due to Avoidance of a Certain
Condition
Section 624 of the House bill deems for penalty
mitigation purposes a certain violation of Federal law owing to
avoidance of a specified hazardous condition involving power
lines across the Mississippi River at Chalmette, Louisiana, to
have been committed by reason of a safety concern.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that deems
for penalty mitigation purposes a certain violation of Federal
law owing to avoidance of a specified condition involving the
lack of vertical clearance due to water height on the
Mississippi River at Chalmette, Louisiana, to have been
committed by reason of a safety concern. The provision also
mitigates the penalty assessed for a violation incurred while
the vessel in question was repositioned to the Port of New
Orleans, Louisiana to an amount not more than $100 per
passenger.
Section 616. Certain Vessels to be Tour Vessels
Section 625 of the House bill deems the passenger vessel
Empress of the North as a tour vessel for purposes of certain
regulations with respect to vessel operations in Glacier Bay
National Park and Preserve, Alaska.
The Senate amendment does not contain a comparable
provision.
The Conference substitute allows for a vessel over 100
gross tons, but no larger than 300 gross tons, to be deemed a
tour vessel, solely for purposes of permit allocations, if it
meets certain criteria. Such vessels would only be eligible for
existing permits for operating in Glacier Bay, and only if a
vessel under 100 gross tons is not seeking the permit. Up to
three vessels that meet these criteria are eligible for such
permits, but only one such vessel can enter Glacier Bay on a
given day. Finally, the provision makes it clear that all other
regulations that apply to vessels of at least 100 gross tons
still apply to these vessels, including restrictions pertaining
to speed, route and closed waters.
Section 617. Sense of Congress Regarding Timely Review and Adjustment
of Great Lakes Pilotage Fees
Section 626 of the House bill expresses the sense of the
Congress that the CG Secretary should, on a timely basis,
review, and adjust the pilotage rates payable for services
performed by U.S. registered pilots on the Great Lakes.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision. The
conferees urge the Coast Guard to review and adjust (if
appropriate) these rates on an annual basis as provided in the
Coast Guard regulations.
Section 618. Westlake Chemical Barge Documentation
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute authorizes U.S. built, U.S.
manned, U.S. owned barges to operate in the coastwise trade.
Section 619. Correction to Definition
The House bill does not contain a comparable provision.
Section 311 of the Senate amendment makes a technical
correction to the reference to the Coast Guard in a list of
defined federal law enforcement agencies included in Pubic Law
107-173.
The Conference substitute adopts the Senate provision.
Section 620. LORAN-C
The House bill does not contain a comparable provision.
Section 402 of the Senate amendment authorizes DOT to
transfer $25 million in FY 2004 from the FAA to the Coast Guard
for recapitalization of the LORAN-C radio navigation system.
The Conference substitute adopts the Senate provision, as
amended to provide an authorization for 2005.
Section 621. Deepwater Report
The House bill does not contain a comparable provision.
Section 322 of the Senate amendment would require the CG
to provide a report on the performance of the prime contractor
under the first five-year term of the contract for the
Integrated Deepwater Program.
The Conference substitute adopts the Senate provision, as
amended to require additional information to be included in the
report, such as any anticipated changes in the mix of legacy
and replacement assets over the life of the program, and
projected costs. As part of this report, the Conferees
understand that the Coast Guard will provide a revised
Integrated Deepwater Systems Program plan, including any
planned changes related to the replacement of legacy assets
with new assets and associated costs. The Conferees also expect
the report to discuss the Coast Guard's intentions with respect
to replacement of the engines on its HU-25 aircraft, and expect
the Coast Guard to notify the Committee on Commerce, Science
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House at least 30 days
prior to expending any funds to replace the engines on its HU-
25 aircraft, or develop plans to replace such engines.
Section 622. Judicial Review of National Transportation Safety Board
Final Orders
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute allows the Commandant of the
Coast Guard to seek a judicial review of an order of the Board
issued pursuant to a review of a Coast Guard action if it will
have an adverse impact on maritime safety or security.
Section 623. Interim Authority for Dry Bulk Cargo Residue Disposal
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute extends the interim authority
of the Coast Guard to issue regulations regarding dry bulk
cargo residue through not later than September 30, 2008.
The current program was developed with the input of a
broad range of stakeholders, including experts from the
maritime industry, government, and the scientific community. A
recent study for the Coast Guard has recommended that the
current policy be continued in part because that policy is
specific, limiting cargo sweepings to certain areas of the
Great Lakes while prohibiting discharges in environmentally
sensitive areas such as fish spawning areas. Most important,
the current program limits cargo sweepings to small amounts of
non-toxic, non hazardous materials. In administering the
program, the Coast Guard has considered and balanced the needs
of environmental protection and maritime commerce.
On January 13, 2004 the Coast Guard announced its
intention to conduct an environmental assessment of the current
policy and then proceed to a permanent regulatory program. [69
Fed Reg 1994] The substitute directs that the current policy
serve as the basis for an environmental assessment that will
begin within 90 days of enactment, authorizes any necessary
regulatory proceeding, and sets the foundation for the
establishment of a permanent system. It is expected that the
current program will be made permanent or replaced with an
alternative regime that appropriately balances the needs of
maritime commerce and environmental protection by no later than
September 30, 2008.
Section 624. Small Passenger Vessel Safety
The House bill does not contain a comparable provision.
Section 323 of the Senate amendment would require the
Coast Guard to provide a report on compliance with small
passenger vessel regulations, including recommendations for
improvement.
The Conference substitute adopts the Senate provision
with minor amendments.
Section 625. Conveyance of Motor Lifeboat
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that allows
the Coast Guard to transfer a 44, motor lifeboat to the city of
Ludington, Michigan for historical purposes.
Section 626. Study of Routing Measures
The House bill does not contain a comparable provision.
Section 325 of the Senate amendment would require the
Coast Guard to carry out studies of routing measures to reduce
ship strikes of North Atlantic Right Whales.
The Conference substitute adopts a provision that is
similar to the Senate provision. It directs the Coast Guard to
cooperate with NOAA in carrying out analyses of routing
measures to reduce ship strikes of North Atlantic Right Whales.
The Coast Guard has an important role to play in such analyses,
due to its mandates and expertise with respect to such studies.
The bill requires that the Coast Guard provide a report with
its final analysis to Congress no later than 18 months
following enactment of this Act.
Section 627. Conveyance of Lighthouses
The House bill does not contain a comparable provision.
Section 401 of the Senate amendment would require the
Secretary of the Interior to monitor any already executed or
proposed lighthouse conveyance, and take any steps necessary to
protect the United States' reversionary interest.
The Conference substitute adopts a similar provision to
the Senate provision, which was amended to make technical
changes.
Section 628. Waiver
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute authorizes the Secretary to
waive the application of the definition of ``passenger'' for
one of two adult chaperones aboard vessels owned or chartered
by the Boy Scouts of America at its Florida National High
Adventure Sea base program provided that the Secretary
determines that such a waiver does not compromise safety.
Section 629. Approval of Modular Accommodation Units for Living
Quarters
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute requires the Secretary of the
department in which the Coast Guard is operating to approve for
a period of five years modular accommodation units on floating
offshore facilities that had previously been approved using
incorrect criteria, provided that the use of these units will
not compromise safety.
TITLE VII--AMENDMENTS RELATING TO THE OIL POLLUTION ACT OF 1990
Section 701. Vessel Response Plans
Section 701 of the House bill would require any vessel
over 400 gross tons that carries oil, including as bunkers, to
submit a pollution response plan.
Section 317 of the Senate amendment is a similar
provision.
The Conference substitute adopts the House provision, as
amended to make technical changes.
Section 702. Tank Level and Pressure Monitors
Section 702 of the House bill would amend the Oil
Pollution Act of 1990 to make issuance of regulations
concerning tank level and pressure monitoring (TLPM) devices
discretionary vice mandatory.
Section 318 of the Senate amendment is a similar
provision, which includes a report on alternative technologies.
The Conference substitute adopts the Senate provision.
Section 703. Liability and Cost Recovery
Section 703 of the House bill clarifies the liability
waiver provisions for certain innocent parties. First, state
and local governments are not considered liable as owners or
operators if theyacquired ownership of the property
involuntarily and have not caused or contributed to a discharge or a
substantial threat of a discharge of oil. Second, financial
institutions are not owners or operators either if they hold indicia of
ownership primarily to protect their security interest and do not
participate in management of the property, or if they did not
participate in management of the property prior to foreclosure and seek
to divest the property at the earliest practicable, commercially
reasonable time. Finally, subsequent innocent purchasers are not liable
if they acquired the property after the placement of the oil on, in or
at the real property, and either are a government entity that acquired
the property through the exercise of eminent domain authority or
through an involuntary transfer or acquisition, acquired the property
by inheritance or bequest, or did not know or have reason to know about
the oil after having conducted all appropriate inquiries.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision as
amended to make technical changes.
The purpose of this section is to provide to innocent
purchasers, municipalities and lenders the same protection
against liability from oil discharges under the Oil Pollution
Act of 1990 as are provided for such entities under the
Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended. To the extent that
differences in the language exist, these are either technical
in nature or were necessary to fit with the terminology used in
the Oil Pollution Act.
Section 704. Oil Spill Recovery Institute
Section 704 of the House bill authorizes funding to the
Oil Spill Recovery Institute (currently authorized through
2012) until one year after it is determined that oil and gas
exploration, development, and production in Alaska have ceased.
The Senate amendment does not contain a comparable
provision.
The Conference substitute makes technical corrections to
the Oil Spill Recovery Institute's current authorization.
Section 705. Alternatives
Section 705 of the House bill would require within 1 year
of the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall
establish and publish an environmental equivalency evaluation
index to assess outflow performance due to collisions and
groundings for double hull tank vessels and alternative hull
designs. The Secretary shall take into account the
recommendations in the NRC Marine Board report entitled
`Environmental Performance of Tanker Design in Collision and
Grounding' dated 2001.
The Senate amendment does not contain a comparable
provision.
The Conference Substitute adopts the House provision.
Section 706. Authority to Settle
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision which
authorizes the head of any department or agency responsible for
recovering amounts for which a person is liable under this
title may consider, compromise, and settle a claim for such
amounts from the Oil Spill Liability Trust Fund, if the claim
has not been referred to the Attorney General and does not
exceed $500,000.
Section 707. Report on Implementation of the Oil Pollution Act of 1990
The House bill does not contain a comparable provision.
Section 319 of the Senate amendment would require the
Coast Guard to provide a report to Congress with respect to a
number of recent issues arising from implementation of the Oil
Pollution Act (OPA) of 1990.
The Conference Substitute adopts the Senate provision, as
amended to make technical changes.
Section 708. Loans for Fishermen and Aquaculture Producers Impacted by
Oil Spills
The House amendment does not contain a comparable
provision.
Section 320 of the Senate amendment would allow the use
of the Oil Spill Liability Trust Fund to provide loans to
qualified fishermen and aquaculture producers who have been
impacted by an oil spill, until such time as adequate interim
payments are made under the Act, or in the event that no
interim payments are made.
The Conference substitute adopts the Senate provision.
TITLE VIII
Section 801. Enforcement
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adds a new section to Chapter
701 of title 46, United States Code, to provide express
authority to carry a firearm, to seize property, and to make an
arrest while at a maritime facility under guidelines to be
approved by the Secretary and the Attorney General. The
provision would also allow State and local law enforcement
personnel to make warrantless arrests for felony violations of
duly promulgated Coast Guard security zone regulations.
The conferees understand the need to clarify the Coast
Guard's law enforcement authority while conducting onshore port
security operations and have authorized members of the Coast
Guard to make arrests and seize property while conducting port
security operations at facilities defined under section 70101
of title 46. The conferees do not intend this section to
authorize members of the Coast Guard to use this authority
while in transit to or from such facilities. The conferees
fully expect that before this authority is used, the Coast
Guard will properly train all service members who could use
this authority in the execution of their duties.
Section 802. In Rem Liability for Civil Penalties
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference establishes in rem liability for any
vessel used to violate regulations issued under the
authorization of the Maritime Transportation Security Act in
order to recover financial penalties assessed following such
violations, and certain costs related to compliance with
lawfully issued orders. The substitute authorizes the Captain
of the Port to withhold clearance of any vessel if the owner or
operators are suspected to be subject to a financial penalty
resulting from violations of port security violations. The
substitute also allows clearance to be granted upon the filing
of a surety bond.
Section 803. Maritime Information
Section 618 of the House bill authorizes funds to the
Secretary of the department in which the Coast Guard is
operating to implement a system to collect, integrate, and
analyze information regarding vessels operating on or inbound
to U.S. waters and to implement a long-range automatic vessel
tracking system for all vessels operating in U.S. waters.
The Senate amendment does not contain a comparable
provision.
The Conference substitute requires the Secretary to
develop a long-range vessel tracking system consistent with
international treaties, conventions, and agreements to which
the United States is a party, and allows the Secretary to
acquire vessel risk profiling data from the private sector. It
also requires the Secretary to develop a plan to improve the
collection, collaboration, coordination, dissemination and use
of maritime information by Federal agencies. The Secretary is
required to submit this plan to Congressional committees.
In considering its recommendations under subsection (b),
the conferees encourage the Department to be aware of the
important role played by existing non-profit maritime
associations in the collection and dissemination of maritime
information and encourage the Department to work with maritime
exchanges to build upon and improve communications with the
private sector.
Section 804. Maritime Security Transportation Grants
Section 622 of the House bill transfers authority for the
port security grant program from the Secretary of
Transportation, acting through the Maritime Administration, to
the Secretary of the Department of Homeland Security, acting
through the Commandant of the Coast Guard. Section 627 of the
House bill directs the Secretary of Transportation, in making
grants for implementation of security plans, to give priority
to otherwise eligible projects concerning implementation of
security plans with respect to public transportation systems.
The Senate amendment does not contain a comparable
section.
The Conference substitute adopts, in lieu of sections 622
and 627 of the House bill, a provision that directs the
Secretary to establish a grant program for implementation of
the Area Maritime Transportation Security Plans and Facility
Security Plans that will be reviewed by the Federal Maritime
Security Coordinator and the Maritime Administration prior to a
grant being awarded. In addition, the Secretary is required to
transmit a report and provide recommendations for the grant
process.
Section 805. Security Assessments of Waters under the Jurisdiction of
the United States
Section 623 of the House bill directs the Secretary of
the department in which the Coast Guard is operating to conduct
a vulnerability assessment of the navigable waters adjacent to
Indian Point Energy Center in Westchester County, New York and
to report on that assessment to specified congressional
committees.
The Senate amendment does not contain a comparable
provision.
The Conference substitute directs the Secretary to
conduct vulnerability assessments of waters adjacent to nuclear
facilities in the United States. The conferees do not intend
this section to require the Coast Guard to conduct
vulnerability assessments of nuclear facilities. The conferees
understand the Federal agencies with oversight of such
facilities are conducting such assessments.
Section 806. Membership of Area Maritime Security Advisory Committees
Section 414 of the House bill requires Area Maritime
Security Advisory Committees to include members from the port
industry, terminal operators, port labor organizations, and
other users of port areas.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
Section 807. Joint Operations Center for Port Security
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute requires the Secretary to
submit a report to Congressional committees of jurisdiction
regarding the establishment of joint operational centers for
port security, and an estimate of the number, location and
costs of such centers that would be necessary to implement port
security measures outlined in the Marine Transportation
Security Act of 2002.
Section 808. Investigations
Section 606 of the House bill 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 Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that directs
the Secretary of the department in which the Coast Guard is
operating to conduct certain investigations and pilot projects
to enhance the security at American ports. The section
authorizes an amount of $35 million for each of the next four
fiscal years to award grants and to fund programs that would
investigate or demonstrate methods of improving port security.
The provision also authorizes the Secretary to establish
National Port Security Centers at colleges and universities to
conduct these investigations and requires the Secretary to
submit to Congress a report annually to ensure that funds
authorized under this section are used to support
investigations and pilot programs outlined in this section. In
awarding grants and funding pilot programs, the Committee
encourages the Secretary to focus funding authorized to
implement this section on research and development of
technologies that maximize security while minimizing the
disruption of maritime transportation and commerce.
Section 809. Vessel and Intermodal Security Reports
Section 610 of the House bill 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.
The Senate amendment does not contain a similar
provision.
The Conference substitute adopts the House provision with
an amendment that requires the Secretary and the Inspector
General of the department in which the Coast Guard is operating
to submit a number of reports, plans, evaluations, and take
actions regarding the security of marine intermodal
transportation, specifically the security of cargo containers.
From the Committee on Transportation and
Infrastructure, for consideration of the House
bill and the Senate amendments, and
modifications committed to conference:
Don Young,
Howard Coble,
John J. Duncan, Jr.,
Pete Hoekstra,
Frank Lo Biondo,
Rob Simmons,
Mario Diaz-Balart,
James L. Oberstar,
Bob Filner,
Timothy Bishop,
Nick Lampson,
For consideration of the House bill and Senate
amendments, and modifications committed to
conference:
Chris Cox,
Bennie G. Thompson,
Managers on the Part of the House.
John McCain,
Ted Stevens,
Trent Lott,
Kay Bailey Hutchison,
Olympia Snowe,
Fritz Hollings,
Daniel K. Inouye,
John Breaux,
Ron Wyden,
From the Committee on Environment and Public
Works:
Jim Inhofe,
Jim Jeffords,
Managers on the Part of the Senate.