IB 

Union Calendar No. 127

108TH CONGRESS 

1ST SESSION H. R. 2443

[Report No. 108–233] 

To authorize appropriations for the Coast Guard for fiscal year 2004, to 

amend various laws administered by the Coast Guard, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2003

Mr. YOUNG of Alaska (for himself, Mr. LOBIONDO, Mr. OBERSTAR, and Mr. 

FILNER) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

JULY 24, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 12, 2003] 

A BILL

To authorize appropriations for the Coast Guard for fiscal 

year 2004, to amend various laws administered by the 

Coast Guard, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be referred to as the ‘‘Coast Guard and 

3 Maritime Transportation Act of 2003’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

Sec. 102. Authorized levels of military strength and training. 

TITLE II—COAST GUARD MANAGEMENT 

Sec. 201. Long-term leases. 

Sec. 202. Nonappropriated fund instrumentalities. 

Sec. 203. Term of enlistments. 

Sec. 204. Enlisted member critical skill training bonus. 

Sec. 205. Enhancement of Coast Guard authority to stop vessels liable to seizure 

or examination. 

Sec. 206. Administrative, collection, and enforcement costs for certain fees and 

charges. 

Sec. 207. Expansion of Coast Guard housing authorities. 

Sec. 208. Requirement for constructive credit. 

Sec. 209. Maximum age for retention in an active status. 

Sec. 210. Payments. 

Sec. 211. Coast Guard fellowship program. 

Sec. 212. Air search and rescue facility in Muskegon County, Michigan. 

Sec. 213. National Coast Guard Museum. 

Sec. 214. Limitation on number of commissioned officers. 

Sec. 215. Redistricting notification requirement. 

TITLE III—NAVIGATION 

Sec. 301. Marking of underwater wrecks. 

Sec. 302. Use of electronic devices; cooperative agreements. 

Sec. 303. Inland navigation rules promulgation authority. 

TITLE IV—SHIPPING 

Sec. 401. Reports from charterers. 

Sec. 402. Suspension of documents in lieu of mandatory revocation for proved 

drug convictions. 

Sec. 403. Inspection of records of merchant mariners’ documents. 

Sec. 404. Exemption of unmanned barges from citizenship requirements regarding command of vessel. 

Sec. 405. Administrative, collection, and enforcement costs for certain fees and 

charges. 

Sec. 406. Compliance with International Safety Management Code. 
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Sec. 407. Civil penalties for failure to comply with recreational vessel and associated equipment safety standards. 

Sec. 408. Revision of temporary suspension criteria in document suspension and 

revocation cases. 

Sec. 409. Revision of bases for document suspension and revocation cases. 

Sec. 410. Hours of service on towing vessels. 

Sec. 411. Automatic identification system electronic charts. 

Sec. 412. Prevention of departure. 

TITLE V—FEDERAL MARITIME COMMISSION 

Sec. 501. Authorization of appropriations for Federal Maritime Commission. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Increase in civil penalties for violations of certain bridge statutes. 

Sec. 602. Conveyance of decommissioned Coast Guard Cutter SUNDEW. 

Sec. 603. Tonnage measurement. 

Sec. 604. Operation of vessel STAD AMSTERDAM. 

Sec. 605. Great Lakes National Maritime Enhancement Institute. 

Sec. 606. Agile Port and Intelligent Border Security National Demonstration 

Project. 

Sec. 607. Koss Cove. 

Sec. 608. Miscellaneous certificates of documentation. 

Sec. 609. Dredging study. 

Sec. 610. Report regarding security inspection of vessels and vessel-borne cargo 

containers entering the United States. 

TITLE VII—AMENDMENTS RELATING TO OIL POLLUTION ACT OF 

1990

Sec. 701. Vessel response plans for nontank vessels over 400 gross tons. 

Sec. 702. Requirements for tank level and pressure monitoring devices. 

Sec. 703. Liability and cost recovery.

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) OPERATIONS AND CAPITAL ACQUISITIONS.—

4 (1) IN GENERAL.—Funds are authorized to be 

5 appropriated for fiscal year 2004 for necessary ex6 penses of the Coast Guard as follows: 

7 (A) OPERATING EXPENSES.—For the oper8 ating expenses of the Coast Guard, 

9 $4,996,000,000, of which—
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1 (i) $4,979,000,000 is for operation and 

2 maintenance of the Coast Guard; and 

3 (ii) $17,000,000 is for environmental 

4 compliance and restoration at Coast Guard 

5 facilities (other than parts and equipment 

6 associated with operations and mainte7 nance). 

8 (B) CAPITAL ACQUISITIONS.—For the cap9 ital acquisitions of the Coast Guard, 

10 $1,097,000,000, of which—

11 (i) $355,000,000 is for acquisition, 

12 construction, rebuilding, and improvement 

13 of aids to navigation, shore and offshore fa14 cilities, vessels, and aircraft, including 

15 equipment related thereto; 

16 (ii) $702,000,000 is for acquisition 

17 and construction of shore and offshore fa18 cilities, vessels, and aircraft, including 

19 equipment related thereto, and other activi20 ties that constitute the Integrated Deep21 water Systems program; 

22 (iii) $22,000,000 is for research, devel23 opment, test, and evaluation of technologies, 

24 materials, and human factors directly relat25 ing to improving the performance of the
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1 Coast Guard’s mission in support of search 

2 and rescue, aids to navigation, marine safe3 ty, marine environmental protection, en4 forcement of laws and treaties, ice oper5 ations, oceanographic research, and defense 

6 readiness; and 

7 (iv) $18,000,000 is for the alteration or 

8 removal of bridges over navigable waters of 

9 the United States constituting obstructions 

10 to navigation, and for personnel and ad11 ministrative costs associated with the 

12 Bridge Alteration Program. 

13 (2) SOURCE OF FUNDS.—

14 (A) OPERATING EXPENSES.—Of the amount 

15 authorized in paragraph (1)(A), $25,000,000 is 

16 authorized to be derived from the Oil Spill Li17 ability Trust Fund to carry out the purposes of 

18 section 1012(a)(5) of the Oil Pollution Act of 

19 1990. 

20 (B) CAPITAL ACQUISITIONS.—Of the 

21 amounts authorized by paragraph (1)(B)—

22 (i) $20,000,000 is authorized to be de23 rived from the Oil Spill Liability Trust 

24 Fund to carry out the purposes of section 
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1 1012(a)(5) of the Oil Pollution Act of 1990; 

2 and 

3 (ii) $3,500,000 is authorized to be de4 rived each fiscal year from the Oil Spill Li5 ability Trust Fund to carry out the pur6 poses of section 1012(a)(5) of the Oil Pollu7 tion Act of 1990. 

8 (b) RETIRED PAY.—There is authorized to be appro9 priated for Coast Guard retired pay (including the pay10 ment of obligations otherwise chargeable to lapsed appro11 priations for this purpose), payments with respect to the 

12 Coast Guard under the Retired Serviceman’s Family Pro13 tection and Survivor Benefit Plans, and payments for med14 ical care of retired Coast Guard personnel and their de15 pendents under chapter 55 of title 10, United States Code, 

16 $1,020,000,000. 

17 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

18 AND TRAINING. 

19 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is 

20 authorized an end-of-year strength for active duty personnel 

21 of 45,500 as of September 30, 2004. 

22 (b) MILITARY TRAINING STUDENT LOADS.—The Coast 

23 Guard is authorized average military training student 

24 loads as follows: 
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1 (1) For recruit and special training for fiscal 

2 year 2004, 2,500 student years. 

3 (2) For flight training for fiscal year 2004, 125 

4 student years. 

5 (3) For professional training in military and ci6 vilian institutions for fiscal year 2004, 350 student 

7 years. 

8 (4) For officer acquisition for fiscal year 2004, 

9 1,200 student years. 

10 TITLE II—COAST GUARD 

11 MANAGEMENT 

12 SEC. 201. LONG-TERM LEASES. 

13 Section 93 of title 14, United States Code, is amend14 ed— 

15 (1) by redesignating paragraphs (a) through (x) 

16 in order as paragraphs (1) through (23); 

17 (2) in paragraph (18) (as so redesignated) by 

18 striking the comma at the end and inserting a semi19 colon; 

20 (3) by inserting ‘‘(a)’’ before ‘‘For the purpose’’; 

21 and 

22 (4) by adding at the end the following: 

23 ‘‘(b)(1) Notwithstanding subsection (a)(14), a lease de24 scribed in paragraph (2) of this subsection may be for a 

25 term of up to 20 years. 
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1 ‘‘(2) A lease referred to in paragraph (1) is a lease—

2 ‘‘(A) to the United States Coast Guard Academy 

3 Alumni Association for the construction of an Alumni 

4 Center on the grounds of the United States Coast 

5 Guard Academy; or 

6 ‘‘(B) to an entity with which the Commandant 

7 has a cooperative agreement under section 4(e) of the 

8 Ports and Waterways Safety Act, and for which a 

9 term longer than 5 years is necessary to carry out the 

10 agreement.’’. 

11 SEC. 202. NONAPPROPRIATED FUND INSTRUMENTALITIES. 

12 (a) IN GENERAL.—Chapter 7 of title 14, United States 

13 Code, is amended by adding at the end the following: 

14 ‘‘§ 152. Nonappropriated fund instrumentalities: con15 tracts with other agencies and instrumen16 talities to provide or obtain goods and 

17 services 

18 ‘‘The Coast Guard Exchange System, or a morale, wel19 fare, and recreation system of the Coast Guard, may enter 

20 into a contract or other agreement with any element or in21 strumentality of the Coast Guard or with another Federal 

22 department, agency, or instrumentality to provide or obtain 

23 goods and services beneficial to the efficient management 

24 and operation of the Coast Guard Exchange System or that 

25 morale, welfare, and recreation system.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of chapter 7 of title 14, United States Code, 

3 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.’’.

4 SEC. 203. TERM OF ENLISTMENTS. 

5 Section 351(a) of title 14, United States Code, is 

6 amended by striking ‘‘terms of full years not exceeding six 

7 years.’’ and inserting ‘‘a period of at least two years but 

8 not more than six years.’’. 

9 SEC. 204. ENLISTED MEMBER CRITICAL SKILL TRAINING 

10 BONUS. 

11 (a) IN GENERAL.—Chapter 11 of title 14, United 

12 States Code, is amended by inserting after section 373 the 

13 following: 

14 ‘‘§ 374. Critical skill training bonus 

15 ‘‘(a) The Secretary may provide a bonus, not to exceed 

16 $20,000, to an enlisted member who completes training in 

17 a skill designated as critical, if at least four years of obli18 gated active service remain on the member’s enlistment at 

19 the time the training is completed. A bonus under this sec20 tion may be paid in a single lump sum or in periodic in21 stallments. 

22 ‘‘(b) If an enlisted member voluntarily or because of 

23 misconduct does not complete the member’s term of obli24 gated active service, the Secretary may require the member
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1 to repay the United States, on a pro rata basis, all sums 

2 paid under this section. The Secretary may charge interest 

3 on the amount repaid at a rate, to be determined quarterly, 

4 equal to 150 percent of the average of the yields on the 91-

5 day Treasury bills auctioned during the calendar quarter 

6 preceding the date on which the amount to be repaid is de7 termined.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of chapter 11 of title 14, United States Code, 

10 is amended by inserting the following after the item relating 

11 to section 373:

‘‘374. Critical skill training bonus.’’.

12 SEC. 205. ENHANCEMENT OF COAST GUARD AUTHORITY TO 

13 STOP VESSELS LIABLE TO SEIZURE OR EXAM14 INATION. 

15 (a) REPEAL OF REQUIREMENT TO FIRE WARNING

16 SHOT.—Subsection (a) of section 637 of title 14, United 

17 States Code, is amended—

18 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

19 (2) by striking ‘‘after a’’ and all that follows 

20 through ‘‘signal,’’ and inserting ‘‘subject to paragraph 

21 (2),’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(2) Before firing at or into a vessel as authorized in 

24 paragraph (1), the person in command or in charge of the 

25 authorized vessel or authorized aircraft shall fire a gun as 
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1 a warning signal, except that the prior firing of a gun as 

2 a warning signal is not required if that person determines 

3 that the firing of a warning signal would unreasonably en4 danger persons or property in the vicinity of the vessel to 

5 be stopped.’’. 

6 (b) EXTENSION TO MILITARY AIRCRAFT OF COAST

7 GUARD INTERDICTION AUTHORITY.—Subsection (c) of such 

8 section is amended—

9 (1) in paragraph (1) by inserting ‘‘or’’ after the 

10 semicolon; and 

11 (2) in paragraph (2) by striking ‘‘; or’’ and all 

12 that follows through paragraph (3) and inserting a 

13 period. 

14 (c) REPEAL OF TERMINATION OF APPLICABILITY TO

15 NAVAL AIRCRAFT.—Subsection (d) of such section is re16 pealed. 

17 SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCE18 MENT COSTS FOR CERTAIN FEES AND 

19 CHARGES. 

20 Section 664 of title 14, United States Code, is amend21 ed—

22 (1) by redesignating subsection (c) as subsection 

23 (f); 

24 (2) by inserting after subsection (b) the fol25 lowing: 
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1 ‘‘(c) In addition to the collection of fees and charges 

2 established under this section, the Secretary may recover 

3 from the person liable for the fee or charge the costs of col4 lecting delinquent payments of the fee or charge, and en5 forcement costs associated with delinquent payments of the 

6 fees and charges. 

7 ‘‘(d)(1) The Secretary may employ any Federal, State, 

8 or local agency or instrumentality, or any private enter9 prise or business, to collect a fee or charge established under 

10 this section. 

11 ‘‘(2) A private enterprise or business employed by the 

12 Secretary to collect fees or charges—

13 ‘‘(A) shall be subject to reasonable terms and 

14 conditions agreed to by the Secretary and the enter15 prise or business; 

16 ‘‘(B) shall provide appropriate accounting to the 

17 Secretary; and 

18 ‘‘(C) may not institute litigation as part of that 

19 collection. 

20 ‘‘(e) The Secretary shall account for the agency’s costs 

21 of collecting a fee or charge as a reimbursable expense, and 

22 the costs shall be credited to the account from which ex23 pended.’’; and 

24 (3) by adding at the end the following: 
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1 ‘‘(g) In this section the term ‘costs of collecting a fee 

2 or charge’ includes the reasonable administrative, account3 ing, personnel, contract, equipment, supply, training, and 

4 travel expenses of calculating, assessing, collecting, enforc5 ing, reviewing, adjusting, and reporting on a fee or 

6 charge.’’. 

7 SEC. 207. EXPANSION OF COAST GUARD HOUSING AU8 THORITIES. 

9 (a) ELIGIBLE ENTITY DEFINED.—Section 680 of title 

10 14, United States Code, is amended—

11 (1) by redesignating paragraphs (3) and (4) in 

12 order as paragraphs (4) and (5); and 

13 (2) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) The term ‘eligible entity’ means any private 

16 person, corporation, firm, partnership, or company 

17 and any State or local government or housing author18 ity of a State or local government.’’. 

19 (b) DIRECT LOANS FOR PROVIDING HOUSING.—Sec20 tion 682 of title 14, United States Code, is amended—

21 (1) in the section heading by striking ‘‘LOAN

22 GUARANTEES’’ and inserting ‘‘DIRECT LOANS AND

23 LOAN GUARANTEES’’; 

24 (2) by redesignating subsections (a) and (b) as 

25 (b) and (c) respectively; 
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1 (3) by inserting before subsection (b) (as so re2 designated) the following: 

3 ‘‘(a) DIRECT LOANS.—(1) Subject to subsection (c), the 

4 Secretary may make direct loans to an eligible entity in 

5 order to provide funds to the eligible entity for the acquisi6 tion or construction of housing units that the Secretary de7 termines are suitable for use as military family housing 

8 or as military unaccompanied housing. 

9 ‘‘(2) The Secretary shall establish such terms and con10 ditions with respect to loans made under this subsection as 

11 the Secretary considers appropriate to protect the interests 

12 of the United States, including the period and frequency 

13 for repayment of such loans and the obligations of the obli14 gors on such loans upon default.’’; 

15 (4) in subsection (b) (as so redesignated) by 

16 striking ‘‘subsection (b),’’ and inserting ‘‘subsection 

17 (c),’’; and 

18 (5) in subsection (c) (as so redesignated)—

19 (A) in the heading by striking ‘‘GUAR20 ANTEE’’; and 

21 (B) by striking ‘‘Loan guarantees’’ and in22 serting ‘‘Direct loans and loan guarantees’’. 

23 (c) LIMITED PARTNERSHIPS WITH ELIGIBLE ENTI24 TIES.—Section 684 of title 14, United States Code, is 

25 amended—
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1 (1) in the section heading by striking ‘‘NON2 GOVERNMENTAL’’ and inserting ‘‘ELIGIBLE’’; 

3 (2) in subsection (a) by striking ‘‘nongovern4 mental’’ and inserting ‘‘eligible’’; 

5 (3) in subsection (b)(1) by striking ‘‘a non6 governmental’’ and inserting ‘‘an eligible’’; 

7 (4) in subsection (b)(2) by striking ‘‘a non8 governmental’’ and inserting ‘‘an eligible’’; and 

9 (5) in subsection (c) by striking ‘‘nongovern10 mental’’ and inserting ‘‘eligible’’. 

11 (d) HOUSING DEMONSTRATION PROJECTS IN ALAS12 KA.—Section 687(g) of title 14, United Sates Code, is 

13 amended—

14 (1) in the heading by striking ‘‘PROJECT’’ and 

15 inserting ‘‘PROJECTS’’; 

16 (2) in paragraph (1) by striking ‘‘a demonstra17 tion project’’ and inserting ‘‘demonstration projects’’; 

18 (3) in paragraph (1) by striking ‘‘Kodiak, Alas19 ka;’’ and inserting ‘‘Kodiak, Alaska, or any other 

20 Coast Guard installation in Alaska;’’; 

21 (4) in paragraph (2) by striking ‘‘the demonstra22 tion project’’ and inserting ‘‘such a demonstration 

23 project’’; and 
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1 (5) in paragraph (4) by striking ‘‘the demonstra2 tion project’’ and inserting ‘‘such demonstration 

3 projects’’. 

4 (e) DIFFERENTIAL LEASE PAYMENTS.—Chapter 18 of 

5 title 14, United States Code, is amended by inserting after 

6 section 687 the following: 

7 ‘‘§ 687a. Differential lease payments 

8 ‘‘Pursuant to an agreement entered into by the Sec9 retary and a lessor of military family housing or military 

10 unaccompanied housing to members of the armed forces, the 

11 Secretary may pay the lessor an amount, in addition to 

12 the rental payments for the housing made by the members, 

13 as the Secretary determines appropriate to encourage the 

14 lessor to make the housing available to members of the 

15 armed forces as military family housing or as military un16 accompanied housing.’’. 

17 (f) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of chapter 18 of title 14, United States Code, 

19 is amended—

20 (1) by striking the item related to section 682 

21 and inserting the following:

‘‘682. Direct loans and loan guarantees.’’;

22 (2) in the item related to section 684 by striking 

23 ‘‘nongovernmental’’ and inserting ‘‘eligible’’; and 
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1 (3) by inserting after the item related to section 

2 687 the following:

‘‘687a. Differential lease payments.’’.

3 SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT. 

4 Section 727 of title 14, United States Code, is amended 

5 in the second sentence by striking ‘‘three years’’ and insert6 ing ‘‘one year’’. 

7 SEC. 209. MAXIMUM AGE FOR RETENTION IN AN ACTIVE 

8 STATUS. 

9 Section 742 of title 14, United States Code, is amend10 ed—

11 (1) in subsection (a), by striking ‘‘sixty-two’’ 

12 and inserting ‘‘60’’; and 

13 (2) in subsection (c), by striking ‘‘sixty-two’’ and 

14 inserting ‘‘60’’. 

15 SEC. 210. PAYMENTS. 

16 (a) IN GENERAL.—Chapter 13 of title 14, United 

17 States Code, is amended by adding at the end the following: 

18 ‘‘§ 517. Payments 

19 ‘‘(a) The Secretary may require that travel or trans20 portation allowances due a civilian employee or military 

21 member of the Coast Guard be disbursed directly to the 

22 issuer of a Federal contractor-issued travel charge card, but 

23 only in an amount not to exceed the authorized travel ex24 penses charged by that Coast Guard member to that travel 

25 charge card issued to that employee or member. 
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1 ‘‘(b) The Secretary may also establish requirements 

2 similar to those established by the Secretary of Defense pur3 suant to section 2784a of title 10 for deduction or with4 holding of pay or retired pay from a Coast Guard employee, 

5 member, or retired member who is delinquent in payment 

6 under the terms of the contract under which the card was 

7 issued and does not dispute the amount of the delin8 quency.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of chapter 13 of title 14, United States Code, 

11 is amended by adding at the end the following:

‘‘517. Payments.’’.

12 SEC. 211. COAST GUARD FELLOWSHIP PROGRAM. 

13 (a) ESTABLISHMENT.—Title 14, United States Code, 

14 is amended by adding at the end of chapter 11 the following: 

15 ‘‘§ 337. Coast Guard Congressional Fellowship Pro16 gram 

17 ‘‘(a) There is established in the Coast Guard a Coast 

18 Guard Congressional Fellowship Program to broaden Coast 

19 Guard officers’ knowledge of the Congress. 

20 ‘‘(b) The Commandant may appoint 4 mid-grade offi21 cers as fellows under the program, subject to the following 

22 limitations: 

23 ‘‘(1) The maximum length of a fellowship is one 

24 year. 
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1 ‘‘(2) A fellow may be assigned to an office of the 

2 House of Representatives or the Senate, including a 

3 committee, during the period of the fellowship, or may 

4 rotate between such offices. 

5 ‘‘(3) To protect against abuses of separation of 

6 powers principles and conflicts of interest, a fellow 

7 may not engage in duties that will result in any di8 rect or indirect benefit to the Coast Guard, other than 

9 broadening the fellow’s knowledge. 

10 ‘‘(c) An individual violating this section is subject to 

11 appropriate discipline by the Commandant.’’. 

12 (b) LIMITATION ON APPLICATION.—Section 337(b)(1) 

13 of title 14, United States Code, as amended by this section, 

14 does not apply to an individual serving on June 10, 2003, 

15 as a Coast Guard congressional fellow. 

16 (c) CLERICAL AMENDMENT.—The table of sections at 

17 the beginning of chapter 11 of title 14, United States Code, 

18 is amended by inserting after the item relating to section 

19 336 the following:

‘‘337. Coast Guard Congressional Fellowship Program.’’.

20 SEC. 212. AIR SEARCH AND RESCUE FACILITY IN MUS21 KEGON COUNTY, MICHIGAN. 

22 (a) LEASE AUTHORITY.—The Commandant may enter 

23 into a long-term lease for a period of up to 20 years with 

24 Muskegon County, Michigan, for use of a facility con25 structed by the County at Muskegon County Airport as an
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1 air search and rescue station, if such a facility that meets 

2 criteria established under subsection (b) is available. 

3 (b) CRITERIA.—Any facility leased under subsection 

4 (a) must meet criteria established by the Commandant. 

5 SEC. 213. NATIONAL COAST GUARD MUSEUM. 

6 (a) IN GENERAL.—Chapter 5 of title 14, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘§ 98. National Coast Guard Museum 

9 ‘‘(a) ESTABLISHMENT.—The Commandant of the 

10 Coast Guard may, subject to subsections (b) and (c), estab11 lish a National Coast Guard Museum on Federal lands that 

12 are administered by the Coast Guard and specified by the 

13 Commandant. 

14 ‘‘(b) LOCATION.—The National Coast Guard Museum 

15 may be located at, or in close proximity to, the Coast Guard 

16 Academy in New London, Connecticut. 

17 ‘‘(c) LIMITATION ON EXPENDITURES.—The Secretary 

18 of the Department in which the Coast Guard is operating 

19 shall not expend any Federal funds for the planning, engi20 neering, design, construction, operation, or maintenance of 

21 any museum established under subsection (a). 

22 ‘‘(d) OPERATION AND MAINTENANCE PLAN.—Before 

23 the date on which the Commandant establishes a museum 

24 under subsection (a), the Commandant shall provide to the 

25 Committee on Transportation and Infrastructure of the 
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1 House of Representatives a plan for operating and main2 taining such a museum, including—

3 ‘‘(1) estimated operation and maintenance costs; 

4 ‘‘(2) proposed sources of operation and mainte5 nance funds; and 

6 ‘‘(3) a certification by the Inspector General of 

7 the Department in which the Coast Guard is oper8 ating that items included in the plan pursuant to 

9 paragraph (1) and (2) are reasonable and realistic.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of chapter 5 of title 14, United States Code, 

12 is amended by adding at the end the following:

‘‘98. National Coast Guard Museum.’’.

13 SEC. 214. LIMITATION ON NUMBER OF COMMISSIONED OF14 FICERS. 

15 Notwithstanding section 42(a) of title 14, United 

16 States Code, the total number of commissioned officers, ex17 cluding commissioned warrant officers, on active duty in 

18 the Coast Guard shall not exceed 6,700 in fiscal year 2004. 

19 SEC. 215. REDISTRICTING NOTIFICATION REQUIREMENT. 

20 The Commandant shall notify the Committee on 

21 Transportation and Infrastructure of the House of Rep22 resentatives at least 180 days before—

23 (1) implementing any plan to reduce the number 

24 of, change the location of, or change the geographic 
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1 area covered by any existing Coast Guard Districts; 

2 or 

3 (2) shifting of more than 10 per cent of the per4 sonnel or equipment from the station where such per5 sonnel or equipment is based. 

6 TITLE III—NAVIGATION 

7 SEC. 301. MARKING OF UNDERWATER WRECKS. 

8 Section 15 of the Act of March 3, 1899 (33 U.S.C. 409), 

9 is amended—

10 (1) by striking ‘‘day and’’ and inserting ‘‘day 

11 and, unless otherwise authorized by the Commandant 

12 of the Coast Guard,’’; and 

13 (2) by striking ‘‘lighted lantern’’ and inserting 

14 ‘‘light’’. 

15 SEC. 302. USE OF ELECTRONIC DEVICES; COOPERATIVE 

16 AGREEMENTS. 

17 Section 4(a) of the Ports and Waterways Safety Act 

18 of 1972 (33 U.S.C. 1223(a)) is amended by—

19 (1)(A) striking ‘‘and’’ after the semicolon at the 

20 end of paragraph (4); 

21 (B) striking the period at the end of paragraph 

22 (5) and inserting ‘‘; and’’; and 

23 (C) adding at the end the following: 
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1 ‘‘(6) may prohibit the use on the bridge of a ves2 sel of electronic or other devices that interfere with 

3 communications and navigation equipment.’’; and 

4 (2) adding at the end the following: 

5 ‘‘(e) COOPERATIVE AGREEMENTS.—(1) The Secretary 

6 may enter into cooperative agreements with public or pri7 vate agencies, authorities, associations, institutions, cor8 porations, organizations, or other persons to carry out the 

9 functions under subsection (a)(1). 

10 ‘‘(2) A nongovernmental entity may not under this 

11 subsection carry out an inherently governmental function. 

12 ‘‘(3) As used in this paragraph, the term ‘inherently 

13 governmental function’ means any activity that is so inti14 mately related to the public interest as to mandate perform15 ance by an officer or employee of the Federal Government, 

16 including an activity that requires either the exercise of dis17 cretion in applying the authority of the Government or the 

18 use of judgment in making a decision for the Government.’’. 

19 SEC. 303. INLAND NAVIGATION RULES PROMULGATION AU20 THORITY. 

21 (a) REPEAL OF INLAND RULES.—Section 2 of the In22 land Navigational Rules Act of 1980 (33 U.S.C. 2001–38) 

23 is repealed. 
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1 (b) AUTHORITY TO ISSUE REGULATIONS.—Section 3 

2 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 

3 2001) is amended to read as follows: 

4 ‘‘SEC. 3. INLAND NAVIGATION RULES. 

5 ‘‘The Secretary of the Department in which the Coast 

6 Guard is operating may issue inland navigation regula7 tions applicable to all vessels upon the inland waters of the 

8 United States and technical annexes that are as consistent 

9 as possible with the respective annexes to the International 

10 Regulations.’’. 

11 (c) EFFECTIVE DATE.—Subsection (a) is effective on 

12 the effective date of final regulations prescribed by the Sec13 retary of the Department in which the Coast Guard is oper14 ating under section 3 of the Inland Navigation Rules Act 

15 of 1980 (33 U.S.C. 2001), as amended by this Act. 

16 TITLE IV—SHIPPING 

17 SEC. 401. REPORTS FROM CHARTERERS. 

18 Section 12120 of title 46, United States Code, is 

19 amended by striking ‘‘owners and masters’’ and inserting 

20 ‘‘owners, masters, and charterers’’. 

21 SEC. 402. SUSPENSION OF DOCUMENTS IN LIEU OF MANDA22 TORY REVOCATION FOR PROVED DRUG CON23 VICTIONS. 

24 Section 7704(b) of title 46, United States Code, is 

25 amended by inserting ‘‘suspended or’’ after ‘‘shall be’’.
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1 SEC. 403. INSPECTION OF RECORDS OF MERCHANT MARI2 NERS’ DOCUMENTS. 

3 Section 7319 of title 46, United States Code, is amend4 ed by striking ‘‘The records are not open to general or pub5 lic inspection.’’. 

6 SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CITI7 ZENSHIP REQUIREMENTS REGARDING COM8 MAND OF VESSEL. 

9 (a) EXEMPTION FROM LIMITATION ON COMMAND.—

10 Section 12110(d) of title 46, United States Code, is amend11 ed by inserting ‘‘or an unmanned barge not engaged on a 

12 coastwise voyage’’ after ‘‘recreational endorsement’’. 

13 (b) EXEMPTION FROM SEIZURE AND FORFEITURE.—

14 Section 12122(b)(6) of title 46, United States Code, is 

15 amended by inserting ‘‘or an unmanned barge not engaged 

16 on a coastwise voyage’’ after ‘‘recreational endorsement’’. 

17 SEC. 405. ADMINISTRATIVE, COLLECTION, AND ENFORCE18 MENT COSTS FOR CERTAIN FEES AND 

19 CHARGES. 

20 Section 2110(d) of title 46, United States Code, is 

21 amended—

22 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(B) For purposes of subparagraph (A), costs of col25 lecting the fee or charge include the reasonable administra26 tive, accounting, personnel, contract, equipment, supply, 
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1 training, and travel expenses of calculating, assessing, col2 lecting, enforcing, reviewing, adjusting, and reporting on 

3 the fees and charges.’’. 

4 SEC. 406. COMPLIANCE WITH INTERNATIONAL SAFETY MAN5 AGEMENT CODE. 

6 (a) APPLICATION OF EXISTING LAW.—Section 3202(a) 

7 of title 46, United States Code, is amended to read as fol8 lows: 

9 ‘‘(a) MANDATORY APPLICATION.—This chapter applies 

10 to a vessel that—

11 ‘‘(1)(A) is transporting more than 12 passengers 

12 described in section 2101(21)(A) of this title; or 

13 ‘‘(B) is of at least 500 gross tons as measured 

14 under section 14502 of this title, or an alternate ton15 nage measured under section 14302 of this title as 

16 prescribed by the Secretary under section 14104 of 

17 this title, that is a tanker, freight vessel, bulk freight 

18 vessel, high speed freight vessel, or self-propelled mo19 bile offshore drilling unit; and 

20 ‘‘(2)(A) is engaged on a foreign voyage; or 

21 ‘‘(B) is a foreign vessel departing from a place 

22 under the jurisdiction of the United States on a voy23 age, any part of which is on the high seas.’’. 

24 (b) COMPLIANCE OF REGULATIONS WITH INTER25 NATIONAL SAFETY MANAGEMENT CODE.—Section 3203(b) 
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1 of title 46, United States Code, is amended by striking ‘‘ves2 sels engaged on a foreign voyage.’’ and inserting ‘‘vessels 

3 to which this chapter applies under section 3202(a) of this 

4 title.’’. 

5 SEC. 407. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH 

6 RECREATIONAL VESSEL AND ASSOCIATED 

7 EQUIPMENT SAFETY STANDARDS. 

8 Section 4311(b) of title 46, United States Code, is 

9 amended—

10 (1) by striking the first sentence and inserting 

11 ‘‘A person violating section 4307(a) of this title is lia12 ble to the United States Government for a civil pen13 alty of not more than $5,000, except that the max14 imum civil penalty may be not more than $250,000 

15 for a related series of violations.’’; and 

16 (2) in the second sentence, by striking 

17 ‘‘4307(a)(1)’’ and inserting ‘‘4307(a)’’. 

18 SEC. 408. REVISION OF TEMPORARY SUSPENSION CRITERIA 

19 IN DOCUMENT SUSPENSION AND REVOCA20 TION CASES. 

21 Section 7702(d) of title 46, United States Code, is 

22 amended—

23 (1) in paragraph (1) by striking ‘‘if, when act24 ing under the authority of that license, certificate, or 

25 document—’’ and inserting ‘‘if—’’; 
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1 (2) in paragraph (1)(B)(i), by inserting ‘‘, while 

2 acting under the authority of that license, certificate, 

3 or document,’’ after ‘‘has’’; 

4 (3) by striking ‘‘or’’ after the semicolon at the 

5 end of paragraph (1)(B)(ii); 

6 (4) by striking the period at the end of para7 graph (1)(B)(iii) and inserting ‘‘; or’’; and 

8 (5) by adding at the end of paragraph (1)(B) the 

9 following: 

10 ‘‘(iv) is a threat to the safety or security of 

11 a vessel or a public or commercial structure lo12 cated within or adjacent to the marine environ13 ment.’’. 

14 SEC. 409. REVISION OF BASES FOR DOCUMENT SUSPEN15 SION AND REVOCATION CASES. 

16 Section 7703 of title 46, United States Code, is amend17 ed—

18 (1) in paragraph (1)(B)—

19 (A) by striking ‘‘incompetence,’’; and 

20 (B) by striking the comma after ‘‘mis21 conduct’’; 

22 (2) by striking ‘‘or’’ after the semicolon at the 

23 end of paragraph (2); 

24 (3) by striking the period at the end of para25 graph (3) and inserting a semicolon; and 
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1 (4) by adding at the end the following: 

2 ‘‘(4) has committed an act of incompetence; or 

3 ‘‘(5) is a threat to the safety or security of a ves4 sel or a structure located within or adjacent to the 

5 marine environment.’’. 

6 SEC. 410. HOURS OF SERVICE ON TOWING VESSELS. 

7 (a) REGULATIONS.—Section 8904 of title 46, United 

8 States Code, is amended by adding at the end of the fol9 lowing: 

10 ‘‘(c) The Secretary may prescribe by regulation re11 quirements for maximum hours of service (including record12 ing and record-keeping of that service) of individuals en13 gaged on a towing vessel that is at least 26 feet in length 

14 measured from end to end over the deck (excluding the 

15 sheer).’’. 

16 (b) DEMONSTRATION PROJECT.—Prior to prescribing 

17 regulations under this section the Secretary shall conduct 

18 and report to the Congress on the results of a demonstration 

19 project involving the implementation of Crew Endurance 

20 Management Systems on towing vessels. The report shall in21 clude a description of the public and private sector resources 

22 needed to enable implementation of Crew Endurance Man23 agement Systems on all United States-flag towing vessels.
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1 SEC. 411. AUTOMATIC IDENTIFICATION SYSTEM ELEC2 TRONIC CHARTS. 

3 Section 70114(a)(1) of title 46, United States Code, 

4 is amended by inserting ‘‘, including an electronic chart 

5 and related display,’’ after ‘‘automatic identification sys6 tem’’ the first place it appears. 

7 SEC. 412. PREVENTION OF DEPARTURE. 

8 (a) IN GENERAL.—Section 3505 of title 46, United 

9 States Code, is amended to read as follows: 

10 ‘‘§ 3505. Prevention of departure 

11 ‘‘Notwithstanding section 3303 of this title, a foreign 

12 vessel carrying a citizen of the United States as a passenger 

13 or that embarks passengers from a United States port may 

14 not depart from a United States port if the Secretary finds 

15 that the vessel does not comply with the standards stated 

16 in the International Convention for the Safety of Life at 

17 Sea to which the United States Government is currently 

18 a party.’’. 

19 (b) CONFORMING AMENDMENT.—Section 3303 of title 

20 46, United States Code, is amended by inserting ‘‘and sec21 tion 3505’’ after ‘‘chapter 37’’. 
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1 TITLE V—FEDERAL MARITIME 

2 COMMISSION 

3 SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FED4 ERAL MARITIME COMMISSION. 

5 There is authorized to be appropriated to the Federal 

6 Maritime Commission $18,471,000 for Fiscal Year 2004. 

7 TITLE VI—MISCELLANEOUS 

8 SEC. 601. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS 

9 OF CERTAIN BRIDGE STATUTES. 

10 (a) GENERAL BRIDGE ACT OF 1906.—Section 5(b) of 

11 Act of March 23, 1906 (chapter 1130; 33 U.S.C. 495), popu12 larly known as the General Bridge Act, is amended by strik13 ing ‘‘$1,000’’ and inserting ‘‘$5,000 for a violation occur14 ring in 2004; $10,000 for a violation occurring in 2005; 

15 $15,000 for a violation occurring in 2006; $20,000 for a 

16 violation occurring in 2007; and $25,000 for a violation 

17 occurring in 2008 and any year thereafter’’. 

18 (b) DRAWBRIDGES.—Section 5(c) of the Act entitled 

19 ‘‘An Act making appropriations for the construction, re20 pair, and preservation of certain public works on rivers and 

21 harbors, and for other purposes’’, approved August 18, 1894 

22 (33 U.S.C. 499(c)), is amended by striking ‘‘$1,000’’ and 

23 inserting ‘‘$5,000 for a violation occurring in 2004; 

24 $10,000 for a violation occurring in 2005; $15,000 for a 

25 violation occurring in 2006; $20,000 for a violation occur-
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1 ring in 2007; and $25,000 for a violation occurring in 2008 

2 and any year thereafter’’. 

3 (c) ALTERATION, REMOVAL, OR REPAIR OF

4 BRIDGES.—Section 18(c) of the Act entitled ‘‘An Act mak5 ing appropriations for the construction, repair, and preser6 vation of certain public works on rivers and harbors, and 

7 for other purposes’’, approved March 3, 1899 (33 U.S.C. 

8 502(c)) is amended by striking ‘‘$1,000’’ and inserting 

9 ‘‘$5,000 for a violation occurring in 2004; $10,000 for a 

10 violation occurring in 2005; $15,000 for a violation occur11 ring in 2006; $20,000 for a violation occurring in 2007; 

12 and $25,000 for a violation occurring in 2008 and any year 

13 thereafter’’. 

14 (d) GENERAL BRIDGE ACT OF 1946.—Section 510(b) 

15 of the General Bridge Act of 1946 (33 U.S.C. 533(b)) is 

16 amended by striking ‘‘$1,000’’ and inserting ‘‘$5,000 for 

17 a violation occurring in 2004; $10,000 for a violation oc18 curring in 2005; $15,000 for a violation occurring in 2006; 

19 $20,000 for a violation occurring in 2007; and $25,000 for 

20 a violation occurring in 2008 and any year thereafter’’. 

21 SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST 

22 GUARD CUTTER SUNDEW. 

23 (a) IN GENERAL.—Upon the scheduled decommis24 sioning of the Coast Guard Cutter SUNDEW, the Com25 mandant of the Coast Guard shall convey all right, title, 
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1 and interest of the United States in and to that vessel to 

2 Duluth Entertainment and Convention Center Authority (a 

3 nonprofit corporation under the laws of the State of Min4 nesota; in this section referred to as the ‘‘recipient’’), located 

5 in Duluth, Minnesota, without consideration, if—

6 (1) the recipient agrees—

7 (A) to use the vessel for purposes of edu8 cation and historical display; 

9 (B) not to use the vessel for commercial 

10 transportation purposes; 

11 (C) to make the vessel available to the 

12 United States Government if needed for use by 

13 the Commandant in time of war or a national 

14 emergency; and 

15 (D) to hold the Government harmless for 

16 any claims arising from exposure to hazardous 

17 materials, including asbestos and poly18 chlorinated biphenyls (PCBs), after conveyance 

19 of the vessel, except for claims arising from the 

20 use by the Government under subparagraph (C); 

21 (2) the recipient has funds available that will be 

22 committed to operate and maintain the vessel con23 veyed in good working condition, in the form of cash, 

24 liquid assets, or a written loan commitment, and in 

25 an amount of at least $700,000; and 
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1 (3) the recipient agrees to any other conditions 

2 the Commandant considers appropriate. 

3 (b) MAINTENANCE AND DELIVERY OF VESSEL.—Prior 

4 to conveyance of the vessel under this section, the Com5 mandant shall, to the extent practical, and subject to other 

6 Coast Guard mission requirements, make every effort to 

7 maintain the integrity of the vessel and its equipment until 

8 the time of delivery. If a conveyance is made under this 

9 section, the Commandant shall deliver the vessel at the place 

10 where the vessel is located, in its present condition, and 

11 without cost to the Government. The conveyance of the vessel 

12 under this section shall not be considered a distribution in 

13 commerce for purposes of section 6(e) of Public Law 94–

14 469 (15 U.S.C. 2605(e)). 

15 (c) OTHER EXCESS EQUIPMENT.—The Commandant 

16 may convey to the recipient any excess equipment or parts 

17 from other decommissioned Coast Guard vessels for use to 

18 enhance the vessel’s operability and function as an histor19 ical display. 

20 SEC. 603. TONNAGE MEASUREMENT. 

21 (a) M/V BLUEFIN.—The gross tonnage of the M/V 

22 BLUEFIN (United States official number 620431) as

23 measured under regulations prescribed under section 14502 

24 of title 46, United States Code, is deemed to be 488 tons. 
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1 (b) M/V COASTAL MERCHANT.—The gross tonnage 

2 of the M/V COASTAL MERCHANT (United States official 

3 number 1038382) as measured under regulations prescribed 

4 under section 14502 of title 46, United States Code, is 

5 deemed to be 493 tons. 

6 (c) TERMINATION OF APPLICATION.—Subsection (a) or 

7 (b) shall not apply on and after any date on which the 

8 Secretary of the Department in which the Coast Guard is 

9 operating determines, respectively, that the vessel M/V 

10 BLUEFIN or the vessel M/V COASTAL MERCHANT has 

11 undergone any major modification. 

12 SEC. 604. OPERATION OF VESSEL STAD AMSTERDAM. 

13 (a) IN GENERAL.—Notwithstanding section 8 of the 

14 Act of June 19, 1886 (46 App. U.S.C. 289), and the ruling 

15 by the Acting Director of the International Trade Compli16 ance Division of the Customs Service on May 17, 2002 

17 (Customs Bulletins and Decisions, Vol. 36, No. 23, June 

18 5, 2002), the vessel STAD AMSTERDAM (International 

19 Maritime Organization number 9185554) shall be author20 ized to carry within United States waters and between 

21 ports or places in the United States individuals who are 

22 not directly and substantially connected with the operation, 

23 navigation, ownership, or business of the vessel, who are 

24 friends, guests, or employees of the owner of the vessel, and 
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1 who are not actual or prospective customers for hire of the 

2 vessel. 

3 (b) LIMITATION.—This section does not authorize the 

4 vessel STAD AMSTERDAM to be used to carry individuals 

5 for a fare or to be chartered on a for-hire basis in the coast6 wise trade. 

7 SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCE8 MENT INSTITUTE. 

9 (a) DESIGNATION.—The Secretary of Transportation 

10 may designate a National Maritime Enhancement Institute 

11 for the Great Lakes Region. 

12 (b) AUTHORIZED ACTIVITIES.—In addition to the ac13 tivities that may be undertaken by that Institute under sec14 tion 8(b) of Public Law 101–115 (46 App. U.S.C. 1121–

15 2), the Great Lakes National Maritime Enhancement Insti16 tute may—

17 (1) conduct research and evaluate short sea ship18 ping market opportunities on the Great Lakes, in19 cluding the expanded use of freight ferries, improved 

20 mobility, and regional supply chain efficiency; 

21 (2) evaluate markets for foreign trade between 

22 ports on the Great Lakes and draft-limited ports in 

23 Europe and Africa; 

24 (3) evaluate the environmental benefits of water25 borne transportation in the Great Lakes region; 
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1 (4) analyze the effect of the Harbor Maintenance 

2 Tax on Great Lakes shipping; 

3 (5) study the state of shipbuilding and ship re4 pair base on the Great Lakes; 

5 (6) evaluate opportunities for passenger vessel 

6 services on the Great Lakes; 

7 (7) analyze the origin to destination flow of 

8 freight cargo in the Great Lakes region that may be 

9 transported on vessels to relieve congestion in other 

10 modes of transportation; 

11 (8) evaluate the economic viability establishing 

12 transshipment facilities for oceangoing cargoes; 

13 (9) evaluate the adequacy of the infrastructure in 

14 ports to meet the needs of marine commerce; and 

15 (10) study and develop new vessel designs for do16 mestic and international shipping on the Great 

17 Lakes. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary $5,000,000 

20 for each of fiscal years 2004 through 2008 for the activities 

21 described in subsection (b). 

22 SEC. 606. AGILE PORT AND INTELLIGENT BORDER SECU23 RITY NATIONAL DEMONSTRATION PROJECT. 

24 (a) IN GENERAL.—The Secretary of Transportation 

25 may carry out an Agile Port and Intelligent Border Secu-
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1 rity National Demonstration Project under the Center for 

2 the Commercial Deployment of Transportation Technologies 

3 to develop and deploy dual use transportation technologies 

4 for commercial applications, including the following: 

5 (1) Agile port facilities, including inland multi6 modal transportation facilities. 

7 (2) Advanced cargo and passenger vessel hull de8 sign, propulsion systems, and construction. 

9 (3) Regional supply chain efficiency, improved 

10 mobility, and air quality. 

11 (4) Maritime, port, cargo, and supply chain se12 curity, and total asset visibility. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

14 out the demonstration project under subsection (a) there is 

15 authorized to be appropriated to the Secretary of Transpor16 tation $5,000,000 for fiscal year 2004. 

17 SEC. 607. KOSS COVE. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law or existing policy, the cove described in sub20 section (b) shall be known and designated as ‘‘Koss Cove’’, 

21 in honor of the late Able Bodied Seaman Eric Steiner Koss 

22 of the National Oceanic and Atmospheric Administration 

23 vessel RAINER who died in the performance of a nautical 

24 charting mission off the coast of Alaska. 
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1 (b) COVE DESCRIBED.—The cove referred to in sub2 section (a) is—

3 (1) adjacent to and southeast of Point Elrington, 

4 Alaska, and forms a portion of the southern coast of 

5 Elrington Island; 

(2) 3 6 ⁄4 mile across the mouth; 

7 (3) centered at 59 degrees 56.1 minutes North, 

8 148 degrees 14 minutes West; and 

9 (4) 45 miles from Seaward, Alaska. 

10 (c) REFERENCES.—Any reference in any law, regula11 tion, document, record, map, or other paper of the United 

12 States to the cove described in subsection (b) is deemed to 

13 be a reference to Koss Cove. 

14 SEC. 608. MISCELLANEOUS CERTIFICATES OF DOCUMENTA15 TION. 

16 Notwithstanding section 27 of the Merchant Marine 

17 Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June 

18 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289), 

19 and section 12106 of title 46, United States Code, the Sec20 retary of the department in which the Coast Guard is oper21 ating may issue a certificate of documentation with appro22 priate endorsement for employment in the coastwise trade 

23 for the following vessels:

24 (1) OCEAN LEADER (United States official 

25 number 679511). 
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1 (2) REVELATION (United States official num2 ber 1137565). 

3 SEC. 609. DREDGING STUDY. 

4 (a) STUDY.—The Director of the Congressional Budget 

5 Office shall study and report to the Committee on Transpor6 tation and Infrastructure of the House of Representatives 

7 on the impacts of chartering by foreign citizens of dredges 

8 documented under the laws of the United States, on—

9 (1) the structure, conduct, and performance, of 

10 the United States dredging market; and 

11 (2) costs paid by Federal agencies for dredging 

12 projects. 

13 (b) FOREIGN CITIZEN DEFINED.—In subsection (a), 

14 the term ‘‘foreign citizen’’ means any corporation, partner15 ship, or association that does not qualify as a citizen of 

16 the United States under section 2 of the Shipping Act of 

17 1916 (46 APP. U.S.C. 802). 

18 SEC. 610. REPORT REGARDING SECURITY INSPECTION OF 

19 VESSELS AND VESSEL-BORNE CARGO CON20 TAINERS ENTERING THE UNITED STATES. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of the enactment of this Act, the Secretary of the De23 partment in which the Coast Guard is operating shall re24 port to the Congress regarding the numbers and types of 
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1 vessels and vessel-borne cargo containers that enter the 

2 United States in a year. 

3 (b) CONTENTS.—The report under this section shall in4 clude the following: 

5 (1) A section regarding security inspection of 

6 vessels that includes the following: 

7 (A) A complete breakdown of the numbers 

8 and types of vessels that entered the United 

9 States in the most recent 1-year period for which 

10 information is available. 

11 (B) The cost incurred by the Federal Gov12 ernment in inspecting such vessels in such 1-year 

13 period, including specification and comparison 

14 of such cost for each type of vessel. 

15 (C) An estimate of the per-vessel cost that 

16 would be incurred by the Federal Government in 

17 inspecting in a foreign port each type of vessel 

18 that enters the United States each year, includ19 ing costs for personnel, vessels, equipment, and 

20 funds. 

21 (D) An estimate of the annual total cost 

22 that would be incurred by the Federal Govern23 ment in inspecting in foreign ports all vessels 

24 that enter the United States each year, including 
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1 costs for personnel, vessels, equipment, and 

2 funds. 

3 (2) A section regarding security inspection of 

4 containers that includes the following: 

5 (A) A complete breakdown of the numbers 

6 and types of vessel-borne cargo containers that 

7 entered the United States in the most recent 1-

8 year period for which information is available, 

9 including specification of the number of 1 TEU 

10 containers and the number of 2 TEU containers. 

11 (B) The cost incurred by the Federal Gov12 ernment in inspecting such containers in such 1-

13 year period, including specification and com14 parison of such cost for a 1 TEU container and 

15 for a 2 TEU container. 

16 (C) An estimate of the per-container cost 

17 that would be incurred by the Federal Govern18 ment in inspecting in a foreign port each type 

19 of vessel-borne container that enters the United 

20 States each year, including costs for personnel, 

21 vessels, equipment, and funds. 

22 (D) An estimate of the annual total cost 

23 that would be incurred by the Federal Govern24 ment in inspecting in foreign ports all vessel25 borne containers that enter the United States 
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1 each year, including costs for personnel, vessels, 

2 equipment, and funds. 

3 TITLE VII—AMENDMENTS RE4 LATING TO OIL POLLUTION 

5 ACT OF 1990

6 SEC. 701. VESSEL RESPONSE PLANS FOR NONTANK VES7 SELS OVER 400 GROSS TONS. 

8 (a) NONTANK VESSEL DEFINED.—Section 311(j) of the 

9 Federal Water Pollution Control Act (33 U.S.C. 1321(j)) 

10 is amended by adding at the end the following: 

11 ‘‘(9) NONTANK VESSEL DEFINED.—In this sub12 section, the term ‘nontank vessel’ means a self-pro13 pelled vessel of 400 gross tons (as measured under sec14 tion 14502 of title 46, United States Code, or an al15 ternate tonnage measured under section 14302 of such 

16 title as prescribed by the Secretary under section 

17 14104 of such title) or greater, other than a tank ves18 sel, that carries oil of any kind as fuel for main pro19 pulsion and that—

20 ‘‘(A) is a vessel of the United States; or 

21 ‘‘(B) operates on the navigable waters of the 

22 United States.’’. 

23 (b) AMENDMENTS TO REQUIRE RESPONSE PLANS.—

24 Section 311(j) of the Federal Water Pollution Control Act 

25 (33 U.S.C. 1321(j)) is amended—
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1 (1) in paragraph (5) in the heading by inserting 

2 ‘‘, NONTANK VESSEL,’’ after ‘‘VESSEL’’; 

3 (2) in paragraph 5(A) by inserting ‘‘, nontank 

4 vessel,’’ after ‘‘vessel’’; 

5 (3) in paragraph (5)(B), in the matter preceding 

6 clause (i), by inserting ‘‘, nontank vessels,’’ after ‘‘ves7 sels’’; 

8 (4) in paragraph (5)(B), by redesignating 

9 clauses (ii) and (iii) as clauses (iii) and (iv), respec10 tively, and by inserting after clause (i) the following: 

11 ‘‘(ii) A nontank vessel.’’; 

12 (5) in paragraph (5)(D)—

13 (A) by inserting ‘‘, nontank vessel,’’ after 

14 ‘‘vessel’’; 

15 (B) by striking ‘‘and’’ after the semicolon at 

16 the end of clause (iii); 

17 (C) by striking the period at the end of 

18 clause (iv) and inserting ‘‘; and’’; and 

19 (D) by adding after clause (iv) the fol20 lowing: 

21 ‘‘(v) for nontank vessels, consider any appli22 cable State-mandated response plan and ensure 

23 consistency to the extent practicable.’’;
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1 (6) in paragraph (5)(E), in the matter preceding 

2 clause (i), by inserting ‘‘nontank vessel,’’ after ‘‘ves3 sel,’’; 

4 (7) in paragraph (5)(E)(i) by inserting 

5 ‘‘nontank vessel,’’ , after ‘‘vessel,’’; 

6 (8) in paragraph (5)(F) by striking ‘‘tank vessel 

7 or’’ and inserting ‘‘vessel or’’; 

8 (9) in paragraph (5)(G) by inserting ‘‘nontank 

9 vessel,’’ after ‘‘vessel,’’; 

10 (10) in paragraph (5)(H) by inserting ‘‘and 

11 nontank vessel’’ after ‘‘each tank vessel’’; 

12 (11) in paragraph (6) in the matter preceding 

13 subparagraph (A) by striking ‘‘Not later than 2 years 

14 after the date of enactment of this section, the Presi15 dent shall require—’’ and inserting ‘‘The President 

16 may require—’’; 

17 (12) in paragraph (6)(B) by inserting ‘‘, and 

18 nontank vessels carrying oil of any kind as fuel for 

19 main propulsion,’’ after ‘‘cargo’’; and 

20 (13) in paragraph (7) by inserting ‘‘, nontank 

21 vessel,’’ after ‘‘vessel’’. 

22 (c) IMPLEMENTATION DATE.—The President shall not 

23 require the owner or operator of a nontank vessel (as defined 

24 section 311(j)(9) of the Federal Water Pollution Control Act 

25 (33 U.S.C. 1321(j)(9), as amended by this section) to pre-
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1 pare and submit a vessel response plan for such vessel before 

2 the end of the one-year period beginning on the date of the 

3 enactment of this Act. 

4 SEC. 702. REQUIREMENTS FOR TANK LEVEL AND PRESSURE 

5 MONITORING DEVICES. 

6 Section 4110 of the Oil Pollution Act of 1990 (46 

7 U.S.C. 3703 note) is amended—

8 (1) in subsection (a), by striking ‘‘Not later than 

9 1 year after the date of the enactment of this Act, the 

10 Secretary shall’’ and inserting ‘‘The Secretary may’’; 

11 (2) in subsection (b)—

12 (A) by striking ‘‘Not later than 1 year after 

13 the date of the enactment of this Act, the Sec14 retary shall’’ and inserting ‘‘No sooner than 1 

15 year after the Secretary prescribes regulations 

16 under subsection (a), the Secretary may’’; and 

17 (B) by striking ‘‘the standards’’ and insert18 ing ‘‘any standards’’. 

19 SEC. 703. LIABILITY AND COST RECOVERY. 

20 (a) DEFINITION OF OWNER OR OPERATOR.—Section 

21 1001(26) of the Oil Pollution Act of 1990 (33 U.S.C. 

22 2701(26)) is amended to read as follows: 

23 ‘‘(26) ‘owner or operator’—

24 ‘‘(A) means— 
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1 ‘‘(i) in the case of a vessel, any person 

2 owning, operating, or chartering by demise, 

3 the vessel; 

4 ‘‘(ii) in the case of an onshore or off5 shore facility, any person owning or oper6 ating such facility; 

7 ‘‘(iii) in the case of any abandoned off8 shore facility, the person who owned or op9 erated such facility immediately prior to 

10 such abandonment; 

11 ‘‘(iv) in the case of any facility, title or 

12 control of which was conveyed due to bank13 ruptcy, foreclosure, tax delinquency, aban14 donment, or similar means to a unit of 

15 State or local government, any person who 

16 owned, operated, or otherwise controlled ac17 tivities at such facility immediately before18 hand; 

19 ‘‘(v) notwithstanding subparagraph 

20 (B)(i), any State or local government that 

21 has caused or contributed to a discharge or 

22 substantial threat of a discharge of oil from 

23 a vessel or facility ownership or control of 

24 which was acquired involuntarily through 

25 bankruptcy, tax delinquency, abandonment,
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1 or other circumstances in which the govern2 ment involuntarily acquires title by virtue 

3 of its function as sovereign; and 

4 ‘‘(vi) notwithstanding subparagraph 

5 (B)(ii), a person that is a lender and that 

6 holds indicia of ownership primarily to 

7 protect a security interest in a vessel or fa8 cility if, while the borrower is still in pos9 session of the vessel or facility encumbered 

10 by the security interest, the person—

11 ‘‘(I) exercises decisionmaking con12 trol over the environmental compliance 

13 related to the vessel or facility, such 

14 that the person has undertaken respon15 sibility for oil handling or disposal 

16 practices related to the vessel or facil17 ity; or 

18 ‘‘(II) exercises control at a level 

19 comparable to that of a manager of the 

20 vessel or facility, such that the person 

21 has assumed or manifested responsi22 bility—

23 ‘‘(aa) for the overall manage24 ment of the vessel or facility en25 compassing day-to-day decision-
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1 making with respect to environ2 mental compliance; or 

3 ‘‘(bb) over all or substan4 tially all of the operational func5 tions (as distinguished from fi6 nancial or administrative func7 tions) of the vessel or facility other 

8 than the function of environ9 mental compliance; and 

10 ‘‘(B) does not include—

11 ‘‘(i) a unit of State or local govern12 ment that acquired ownership or control of 

13 a vessel or facility involuntarily through 

14 bankruptcy, tax delinquency, abandonment, 

15 or other circumstances in which the govern16 ment involuntarily acquires title by virtue 

17 of its function as sovereign; 

18 ‘‘(ii) a person that is a lender that 

19 does not participate in management of a 

20 vessel or facility, but holds indicia of owner21 ship primarily to protect the security inter22 est of the person in the vessel or facility; 

23 ‘‘(iii) a person that is a lender that 

24 did not participate in management of a ves-
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1 sel or facility prior to foreclosure, notwith2 standing that the person—

3 ‘‘(I) forecloses on the vessel or fa4 cility; and 

5 ‘‘(II) after foreclosure, sells, re6 leases (in the case of a lease finance 

7 transaction), or liquidates the vessel or 

8 facility, maintains business activities, 

9 winds up operations, undertakes a re10 moval action under 311(c) of the Fed11 eral Water Pollution Control Act (33 

12 U.S.C. 311(c)) or under the direction 

13 of an on-scene coordinator appointed 

14 under the National Contingency Plan, 

15 with respect to the vessel or facility, or 

16 takes any other measure to preserve, 

17 protect, or prepare the vessel or facility 

18 prior to sale or disposition, 

19 if the person seeks to sell, re-lease (in the 

20 case of a lease finance transaction), or oth21 erwise divest the person of the vessel or fa22 cility at the earliest practicable, commer23 cially reasonable time, on commercially rea24 sonable terms, taking into account market 
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1 conditions and legal and regulatory require2 ments;’’. 

3 (b) OTHER DEFINITIONS.—Section 1001 of the Oil 

4 Pollution Act of 1990 (33 U.S.C. 2701) is amended by strik5 ing ‘‘and’’ after the semicolon at the end of paragraph (36), 

6 by striking the period at the end of paragraph (37) and 

7 inserting a semicolon, and by adding at the end the fol8 lowing: 

9 ‘‘(38) ‘participate in management’— 

10 ‘‘(A)(i) means actually participating in the 

11 management or operational affairs of a vessel or 

12 facility; and 

13 ‘‘(ii) does not include merely having the ca14 pacity to influence, or the unexercised right to 

15 control, vessel or facility operations; and 

16 ‘‘(B) does not include—

17 ‘‘(i) performing an act or failing to act 

18 prior to the time at which a security inter19 est is created in a vessel or facility; 

20 ‘‘(ii) holding a security interest or 

21 abandoning or releasing a security interest; 

22 ‘‘(iii) including in the terms of an ex23 tension of credit, or in a contract or secu24 rity agreement relating to the extension, a 

25 covenant, warranty, or other term or condi-
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1 tion that relates to environmental compli2 ance; 

3 ‘‘(iv) monitoring or enforcing the terms 

4 and conditions of the extension of credit or 

5 security interest; 

6 ‘‘(v) monitoring or undertaking one or 

7 more inspections of the vessel or facility; 

8 ‘‘(vi) requiring a removal action or 

9 other lawful means of addressing a dis10 charge or substantial threat of a discharge 

11 of oil in connection with the vessel or facil12 ity prior to, during, or on the expiration of 

13 the term of the extension of credit; 

14 ‘‘(vii) providing financial or other ad15 vice or counseling in an effort to mitigate, 

16 prevent, or cure default or diminution in 

17 the value of the vessel or facility; 

18 ‘‘(viii) restructuring, renegotiating, or 

19 otherwise agreeing to alter the terms and 

20 conditions of the extension of credit or secu21 rity interest, exercising forbearance; 

22 ‘‘(ix) exercising other remedies that 

23 may be available under applicable law for 

24 the breach of a term or condition of the ex25 tension of credit or security agreement; or
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1 ‘‘(x) conducting a removal action 

2 under 311(c) of the Federal Water Pollution 

3 Control Act (33 U.S.C. 1321(c)) or under 

4 the direction of an on-scene coordinator ap5 pointed under the National Contingency 

6 Plan, 

7 if such actions do not rise to the level of partici8 pating in management under subparagraph (A) 

9 of this paragraph and paragraph (26)(A)(vi); 

10 ‘‘(39) ‘extension of credit’ has the meaning pro11 vided in section 101(20)(G)(i) of the Comprehensive 

12 Environmental Response, Compensation and Liabil13 ity Act of 1980 (42 U.S.C. 9601(20)(G)(i)); 

14 ‘‘(40) ‘financial or administrative function’ has 

15 the meaning provided in section 101(20)(G)(ii) of the 

16 Comprehensive Environmental Response, Compensa17 tion and Liability Act of 1980 (42 U.S.C. 

18 9601(20)(G)(ii)); 

19 ‘‘(41) ‘foreclosure’ and ‘foreclose’ each has the 

20 meaning provided in section 101(20)(G)(iii) of the 

21 Comprehensive Environmental Response, Compensa22 tion and Liability Act of 1980 (42 U.S.C. 

23 9601(20)(G)(iii)); 

24 ‘‘(42) ‘lender’ has the meaning provided in sec25 tion 101(20)(G)(iv) of the Comprehensive Environ-
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1 mental Response, Compensation and Liability Act of 

2 1980 (42 U.S.C. 9601(20)(G)(iv)); 

3 ‘‘(43) ‘operational function’ has the meaning 

4 provided in section 101(20)(G)(v) of the Comprehen5 sive Environmental Response, Compensation and Li6 ability Act of 1980 (42 U.S.C. 9601(20)(G)(v)); and 

7 ‘‘(44) ‘security interest’ has the meaning pro8 vided in section 101(20)(G)(vi) of the Comprehensive 

9 Environmental Response, Compensation and Liabil10 ity Act of 1980 (42 U.S.C. 9601(20)(G)(vi)).’’. 

11 (c) DEFINITION OF CONTRACTUAL RELATIONSHIP.—

12 Section 1003 of the Oil Pollution Act of 1990 (33 U.S.C. 

13 2703) is amended by adding at the end the following: 

14 ‘‘(d) DEFINITION OF CONTRACTUAL RELATIONSHIP.—

15 ‘‘(1) IN GENERAL.—For purposes of subsection 

16 (a)(3) the term ‘contractual relationship’ includes, but 

17 is not limited to, land contracts, deeds, easements, 

18 leases, or other instruments transferring title or pos19 session, unless—

20 ‘‘(A) the real property on which the facility 

21 concerned is located was acquired by the respon22 sible party after the discharge of the oil on, in, 

23 or at the facility; 

24 ‘‘(B) one or more of the circumstances de25 scribed in subparagraph (A), (B), or (C) of 
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1 paragraph (2) is established by the responsible 

2 party by a preponderance of the evidence; and 

3 ‘‘(C) the responsible party complies with 

4 paragraph (3). 

5 ‘‘(2) REQUIRED CIRCUMSTANCE.—The cir6 cumstances referred to in paragraph (1)(B) are the 

7 following: 

8 ‘‘(A) At the time the responsible party ac9 quired the real property on which the facility is 

10 located the responsible party did not know and 

11 had no reason to know that oil that is the subject 

12 of the discharge or substantial threat of discharge 

13 was placed on, in, or at the facility. 

14 ‘‘(B) The responsible party is a government 

15 entity that acquired the facility—

16 ‘‘(i) by escheat; 

17 ‘‘(ii) through any other involuntary 

18 transfer or acquisition; or 

19 ‘‘(iii) through the exercise of eminent 

20 domain authority by purchase or con21 demnation. 

22 ‘‘(C) The responsible party acquired the fa23 cility by inheritance or bequest. 

24 ‘‘(3) ADDITIONAL REQUIREMENTS.—For pur25 poses of paragraph (1)(C), the responsible party must 
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1 establish by a preponderance of the evidence that the 

2 responsible party—

3 ‘‘(A) has satisfied the requirements of sec4 tion 1003(a)(3)(A) and (B); 

5 ‘‘(B) has provided full cooperation, assist6 ance, and facility access to the persons that are 

7 authorized to conduct removal actions, including 

8 the cooperation and access necessary for the in9 stallation, integrity, operation, and maintenance 

10 of any complete or partial removal action; 

11 ‘‘(C) is in compliance with any land use re12 strictions established or relied on in connection 

13 with the removal action; and 

14 ‘‘(D) has not impeded the effectiveness or 

15 integrity of any institutional control employed 

16 in connection with the removal action. 

17 ‘‘(4) REASON TO KNOW.—

18 ‘‘(A) APPROPRIATE INQUIRIES.—To estab19 lish that the responsible party had no reason to 

20 know of the matter described in paragraph 

21 (2)(A), the responsible party must demonstrate 

22 that—

23 ‘‘(i) on or before the date on which the 

24 responsible party acquired the real property 

25 on which the facility is located, the respon-
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1 sible party carried out all appropriate in2 quiries, as provided in subparagraphs (B) 

3 and (D), into the previous ownership and 

4 uses of the real property on which the facil5 ity is located in accordance with generally 

6 accepted good commercial and customary 

7 standards and practices; and 

8 ‘‘(ii) the responsible party took reason9 able steps to—

10 ‘‘(I) stop any continuing dis11 charge; 

12 ‘‘(II) prevent, minimize or miti13 gate any substantial threat of dis14 charge; and 

15 ‘‘(III) prevent or limit any 

16 human, environmental, or natural re17 source exposure to any discharged oil. 

18 ‘‘(B) REGULATIONS ESTABLISHING STAND19 ARDS AND PRACTICES.—Not later than 2 years 

20 after the date of the enactment of this paragraph, 

21 the Secretary shall by regulation establish stand22 ards and practices for the purpose of satisfying 

23 the requirement to carry out all appropriate in24 quiries under subparagraph (A).
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1 ‘‘(C) CRITERIA.—In promulgating regula2 tions that establish the standards and practices 

3 referred to in subparagraph (B), the Secretary 

4 shall include in such standards provisions re5 garding each of the following: 

6 ‘‘(i) The results of an inquiry by an 

7 environmental professional. 

8 ‘‘(ii) Interviews with past and present 

9 owners, operators, and occupants of the fa10 cility and the real property on which the fa11 cility is located for the purpose of gathering 

12 information regarding the potential for oil 

13 at the facility and on the real property on 

14 which the facility is located. 

15 ‘‘(iii) Reviews of historical sources, in16 cluding, to the extent available, chain of 

17 title documents, aerial photographs, build18 ing department records, and land use 

19 records, to determine previous uses and oc20 cupancies of the real property on which the 

21 facility is located since the property was 

22 first developed. 

23 ‘‘(iv) Searches for recorded environ24 mental cleanup liens against the facility 

25 and the real property on which the facility 
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1 is located that are filed under Federal, 

2 State, or local law. 

3 ‘‘(v) Reviews of Federal, State, and 

4 local government records, waste disposal 

5 records, underground storage tank records, 

6 and waste handling, generation, treatment, 

7 disposal, and spill records, concerning oil at 

8 the facility and on the real property on 

9 which the facility is located. 

10 ‘‘(vi) Visual inspections of the facility, 

11 the real property on which the facility is lo12 cated, and adjoining properties. 

13 ‘‘(vii) Specialized knowledge or experi14 ence on the part of the responsible party. 

15 ‘‘(viii) The relationship of the purchase 

16 price to the value of the facility and the real 

17 property on which the facility is located, if 

18 oil was not at the facility or on the real 

19 property. 

20 ‘‘(ix) Commonly known or reasonably 

21 ascertainable information about the facility 

22 and the real property on which the facility 

23 is located. 

24 ‘‘(x) The degree of obviousness of the 

25 presence or likely presence of oil at the facil-
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1 ity and on the real property on which the 

2 facility is located, and the ability to detect 

3 the oil by appropriate investigation. 

4 ‘‘(D) INTERIM STANDARDS AND PRAC5 TICES.—

6 ‘‘(i) REAL PROPERTY PURCHASED BE7 FORE MAY 31, 1997.—With respect to real 

8 property purchased before May 31, 1997, in 

9 making a determination with respect to a 

10 responsible party described in subparagraph 

11 (A), a court or appropriate official shall 

12 take into account—

13 ‘‘(I) any specialized knowledge or 

14 experience on the part of the respon15 sible party; 

16 ‘‘(II) the relationship of the pur17 chase price to the value of the facility 

18 and the real property on which the fa19 cility is located, if oil was not at the 

20 facility or on the real property; 

21 ‘‘(III) commonly known or rea22 sonably ascertainable information 

23 about the facility and the real property 

24 on which the facility is located; 
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1 ‘‘(IV) the obviousness of the pres2 ence or likely presence of oil at the fa3 cility and on the real property on 

4 which the facility is located; and 

5 ‘‘(V) the ability of the responsible 

6 party to detect the oil by appropriate 

7 inspection. 

8 ‘‘(ii) REAL PROPERTY PURCHASED ON

9 OR AFTER MAY 31, 1997.—With respect to 

10 real property purchased on or after May 31, 

11 1997, until the Secretary promulgates the 

12 regulations described in clause (ii), the pro13 cedures of the American Society for Testing 

14 and Materials, including the document 

15 known as ‘Standard E1527–97’, entitled 

16 ‘Standard Practice for Environmental Site 

17 Assessment: Phase I Environmental Site As18 sessment Process’, shall satisfy the require19 ments in subparagraph (A). 

20 ‘‘(E) SITE INSPECTION AND TITLE

21 SEARCH.—In the case of real property for resi22 dential use or other similar use purchased by a 

23 nongovernmental or noncommercial entity, in24 spection and title search of the facility and the 

25 real property on which the facility is located 
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1 that reveal no basis for further investigation 

2 shall be considered to satisfy the requirements of 

3 this paragraph. 

4 ‘‘(5) PREVIOUS OWNER OR OPERATOR.—Nothing 

5 in this paragraph or in section 1003(a)(3) shall di6 minish the liability of any previous owner or oper7 ator of such facility who would otherwise be liable 

8 under this Act. Notwithstanding this paragraph, if a 

9 responsible party obtained actual knowledge of the 

10 discharge or substantial threat of discharge of oil at 

11 such facility when the responsible party owned the fa12 cility and then subsequently transferred ownership of 

13 the facility or the real property on which the facility 

14 is located to another person without disclosing such 

15 knowledge, the responsible party shall be treated as 

16 liable under 1002(a) and no defense under section 

17 1003(a) shall be available to such responsible party. 

18 ‘‘(6) LIMITATION ON DEFENSE.—Nothing in this 

19 paragraph shall affect the liability under this Act of 

20 a responsible party who, by any act or omission, 

21 caused or contributed to the discharge or substantial 

22 threat of discharge of oil which is the subject of the 

23 action relating to the facility.’’.

Union Calendar No. 127

108TH CONGRESS 

1ST SESSION H. R. 2443

[Report No. 108–233] 

A BILL

To authorize appropriations for the Coast Guard 

for fiscal year 2004, to amend various laws administered by the Coast Guard, and for other purposes. 

JULY 24, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed