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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Reported in House (RH)]

                                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be referred to as the ``Coast Guard and Maritime 
Transportation Act of 2003''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

                    TITLE II--COAST GUARD MANAGEMENT

Sec. 201. Long-term leases.
Sec. 202. Nonappropriated fund instrumentalities.
Sec. 203. Term of enlistments.
Sec. 204. Enlisted member critical skill training bonus.
Sec. 205. Enhancement of Coast Guard authority to stop vessels liable 
                            to seizure or examination.
Sec. 206. Administrative, collection, and enforcement costs for certain 
                            fees and charges.
Sec. 207. Expansion of Coast Guard housing authorities.
Sec. 208. Requirement for constructive credit.
Sec. 209. Maximum age for retention in an active status.
Sec. 210. Payments.
Sec. 211. Coast Guard fellowship program.
Sec. 212. Air search and rescue facility in Muskegon County, Michigan.
Sec. 213. National Coast Guard Museum.
Sec. 214. Limitation on number of commissioned officers.
Sec. 215. Redistricting notification requirement.

                         TITLE III--NAVIGATION

Sec. 301. Marking of underwater wrecks.
Sec. 302. Use of electronic devices; cooperative agreements.
Sec. 303. Inland navigation rules promulgation authority.

                           TITLE IV--SHIPPING

Sec. 401. Reports from charterers.
Sec. 402. Suspension of documents in lieu of mandatory revocation for 
                            proved drug convictions.
Sec. 403. Inspection of records of merchant mariners' documents.
Sec. 404. Exemption of unmanned barges from citizenship requirements 
                            regarding command of vessel.
Sec. 405. Administrative, collection, and enforcement costs for certain 
                            fees and charges.
Sec. 406. Compliance with International Safety Management Code.
Sec. 407. Civil penalties for failure to comply with recreational 
                            vessel and associated equipment safety 
                            standards.
Sec. 408. Revision of temporary suspension criteria in document 
                            suspension and revocation cases.
Sec. 409. Revision of bases for document suspension and revocation 
                            cases.
Sec. 410. Hours of service on towing vessels.
Sec. 411. Automatic identification system electronic charts.
Sec. 412. Prevention of departure.

                  TITLE V--FEDERAL MARITIME COMMISSION

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

                        TITLE VI--MISCELLANEOUS

Sec. 601. Increase in civil penalties for violations of certain bridge 
                            statutes.
Sec. 602. Conveyance of decommissioned Coast Guard Cutter SUNDEW.
Sec. 603. Tonnage measurement.
Sec. 604. Operation of vessel STAD AMSTERDAM.
Sec. 605. Great Lakes National Maritime Enhancement Institute.
Sec. 606. Agile Port and Intelligent Border Security National 
                            Demonstration Project.
Sec. 607. Koss Cove.
Sec. 608. Miscellaneous certificates of documentation.
Sec. 609. Dredging study.
Sec. 610.  Report regarding security inspection of vessels and vessel-
                            borne cargo containers entering the United 
                            States.

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

Sec. 701. Vessel response plans for nontank vessels over 400 gross 
                            tons.
Sec. 702. Requirements for tank level and pressure monitoring devices.
Sec. 703. Liability and cost recovery.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Operations and Capital Acquisitions.--
            (1) In general.--Funds are authorized to be appropriated 
        for fiscal year 2004 for necessary expenses of the Coast Guard 
        as follows:
                    (A) Operating expenses.--For the operating expenses 
                of the Coast Guard, $4,996,000,000, of which--
                            (i) $4,979,000,000 is for operation and 
                        maintenance of the Coast Guard; and
                            (ii) $17,000,000 is for environmental 
                        compliance and restoration at Coast Guard 
                        facilities (other than parts and equipment 
                        associated with operations and maintenance).
                    (B) Capital acquisitions.--For the capital 
                acquisitions of the Coast Guard, $1,097,000,000, of 
                which--
                            (i) $355,000,000 is for acquisition, 
                        construction, rebuilding, and improvement of 
                        aids to navigation, shore and offshore 
                        facilities, vessels, and aircraft, including 
                        equipment related thereto;
                            (ii) $702,000,000 is for acquisition and 
                        construction of shore and offshore facilities, 
                        vessels, and aircraft, including equipment 
                        related thereto, and other activities that 
                        constitute the Integrated Deepwater Systems 
                        program;
                            (iii) $22,000,000 is for research, 
                        development, test, and evaluation of 
                        technologies, materials, and human factors 
                        directly relating to improving the performance 
                        of the Coast Guard's mission in support of 
search and rescue, aids to navigation, marine safety, marine 
environmental protection, enforcement of laws and treaties, ice 
operations, oceanographic research, and defense readiness; and
                            (iv) $18,000,000 is for the alteration or 
                        removal of bridges over navigable waters of the 
                        United States constituting obstructions to 
                        navigation, and for personnel and 
                        administrative costs associated with the Bridge 
                        Alteration Program.
            (2) Source of funds.--
                    (A) Operating expenses.--Of the amount authorized 
                in paragraph (1)(A), $25,000,000 is authorized to be 
                derived from the Oil Spill Liability Trust Fund to 
                carry out the purposes of section 1012(a)(5) of the Oil 
                Pollution Act of 1990.
                    (B) Capital acquisitions.--Of the amounts 
                authorized by paragraph (1)(B)--
                            (i) $20,000,000 is authorized to be derived 
                        from the Oil Spill Liability Trust Fund to 
                        carry out the purposes of section 1012(a)(5) of 
                        the Oil Pollution Act of 1990; and
                            (ii) $3,500,000 is authorized to be derived 
                        each fiscal year from the Oil Spill Liability 
                        Trust Fund to carry out the purposes of section 
                        1012(a)(5) of the Oil Pollution Act of 1990.
    (b) Retired Pay.--There is authorized to be appropriated for Coast 
Guard retired pay (including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose), payments with 
respect to the Coast Guard under the Retired Serviceman's Family 
Protection and Survivor Benefit Plans, and payments for medical care of 
retired Coast Guard personnel and their dependents under chapter 55 of 
title 10, United States Code, $1,020,000,000.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 as of September 30, 
2004.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
            (1) For recruit and special training for fiscal year 2004, 
        2,500 student years.
            (2) For flight training for fiscal year 2004, 125 student 
        years.
            (3) For professional training in military and civilian 
        institutions for fiscal year 2004, 350 student years.
            (4) For officer acquisition for fiscal year 2004, 1,200 
        student years.

                    TITLE II--COAST GUARD MANAGEMENT

SEC. 201. LONG-TERM LEASES.

    Section 93 of title 14, United States Code, is amended--
            (1) by redesignating paragraphs (a) through (x) in order as 
        paragraphs (1) through (23);
            (2) in paragraph (18) (as so redesignated) by striking the 
        comma at the end and inserting a semicolon;
            (3) by inserting ``(a)'' before ``For the purpose''; and
            (4) by adding at the end the following:
    ``(b)(1) Notwithstanding subsection (a)(14), a lease described in 
paragraph (2) of this subsection may be for a term of up to 20 years.
    ``(2) A lease referred to in paragraph (1) is a lease--
            ``(A) to the United States Coast Guard Academy Alumni 
        Association for the construction of an Alumni Center on the 
        grounds of the United States Coast Guard Academy; or
            ``(B) to an entity with which the Commandant has a 
        cooperative agreement under section 4(e) of the Ports and 
        Waterways Safety Act, and for which a term longer than 5 years 
        is necessary to carry out the agreement.''.

SEC. 202. NONAPPROPRIATED FUND INSTRUMENTALITIES.

    (a) In General.--Chapter 7 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 152. Nonappropriated fund instrumentalities: contracts with 
              other agencies and instrumentalities to provide or obtain 
              goods and services
    ``The Coast Guard Exchange System, or a morale, welfare, and 
recreation system of the Coast Guard, may enter into a contract or 
other agreement with any element or instrumentality of the Coast Guard 
or with another Federal department, agency, or instrumentality to 
provide or obtain goods and services beneficial to the efficient 
management and operation of the Coast Guard Exchange System or that 
morale, welfare, and recreation system.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 14, United States Code, is amended by adding at the 
end the following:

``152. Nonappropriated fund instrumentalities: contracts with other 
                            agencies and instrumentalities to provide 
                            or obtain goods and services.''.

SEC. 203. TERM OF ENLISTMENTS.

    Section 351(a) of title 14, United States Code, is amended by 
striking ``terms of full years not exceeding six years.'' and inserting 
``a period of at least two years but not more than six years.''.

SEC. 204. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 373 the following:
``Sec. 374. Critical skill training bonus
    ``(a) The Secretary may provide a bonus, not to exceed $20,000, to 
an enlisted member who completes training in a skill designated as 
critical, if at least four years of obligated active service remain on 
the member's enlistment at the time the training is completed. A bonus 
under this section may be paid in a single lump sum or in periodic 
installments.
    ``(b) If an enlisted member voluntarily or because of misconduct 
does not complete the member's term of obligated active service, the 
Secretary may require the member to repay the United States, on a pro 
rata basis, all sums paid under this section. The Secretary may charge 
interest on the amount repaid at a rate, to be determined quarterly, 
equal to 150 percent of the average of the yields on the 91-day 
Treasury bills auctioned during the calendar quarter preceding the date 
on which the amount to be repaid is determined.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of title 14, United States Code, is amended by inserting the 
following after the item relating to section 373:

``374. Critical skill training bonus.''.

SEC. 205. ENHANCEMENT OF COAST GUARD AUTHORITY TO STOP VESSELS LIABLE 
              TO SEIZURE OR EXAMINATION.

    (a) Repeal of Requirement To Fire Warning Shot.--Subsection (a) of 
section 637 of title 14, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``after a'' and all that follows through 
        ``signal,'' and inserting ``subject to paragraph (2),''; and
            (3) by adding at the end the following:
    ``(2) Before firing at or into a vessel as authorized in paragraph 
(1), the person in command or in charge of the authorized vessel or 
authorized aircraft shall fire a gun as a warning signal, except that 
the prior firing of a gun as a warning signal is not required if that 
person determines that the firing of a warning signal would 
unreasonably endanger persons or property in the vicinity of the vessel 
to be stopped.''.
    (b) Extension to Military Aircraft of Coast Guard Interdiction 
Authority.--Subsection (c) of such section is amended--
            (1) in paragraph (1) by inserting ``or'' after the 
        semicolon; and
            (2) in paragraph (2) by striking ``; or'' and all that 
        follows through paragraph (3) and inserting a period.
    (c) Repeal of Termination of Applicability to Naval Aircraft.--
Subsection (d) of such section is repealed.

SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS FOR CERTAIN 
              FEES AND CHARGES.

    Section 664 of title 14, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (f);
            (2) by inserting after subsection (b) the following:
    ``(c) In addition to the collection of fees and charges established 
under this section, the Secretary may recover from the person liable 
for the fee or charge the costs of collecting delinquent payments of 
the fee or charge, and enforcement costs associated with delinquent 
payments of the fees and charges.
    ``(d)(1) The Secretary may employ any Federal, State, or local 
agency or instrumentality, or any private enterprise or business, to 
collect a fee or charge established under this section.
    ``(2) A private enterprise or business employed by the Secretary to 
collect fees or charges--
            ``(A) shall be subject to reasonable terms and conditions 
        agreed to by the Secretary and the enterprise or business;
            ``(B) shall provide appropriate accounting to the 
        Secretary; and
            ``(C) may not institute litigation as part of that 
        collection.
    ``(e) The Secretary shall account for the agency's costs of 
collecting a fee or charge as a reimbursable expense, and the costs 
shall be credited to the account from which expended.''; and
            (3) by adding at the end the following:
    ``(g) In this section the term `costs of collecting a fee or 
charge' includes the reasonable administrative, accounting, personnel, 
contract, equipment, supply, training, and travel expenses of 
calculating, assessing, collecting, enforcing, reviewing, adjusting, 
and reporting on a fee or charge.''.

SEC. 207. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.

    (a) Eligible Entity Defined.--Section 680 of title 14, United 
States Code, is amended--
            (1) by redesignating paragraphs (3) and (4) in order as 
        paragraphs (4) and (5); and
            (2) by inserting after paragraph (2) the following:
            ``(3) The term `eligible entity' means any private person, 
        corporation, firm, partnership, or company and any State or 
        local government or housing authority of a State or local 
        government.''.
    (b) Direct Loans for Providing Housing.--Section 682 of title 14, 
United States Code, is amended--
            (1) in the section heading by striking ``Loan guarantees'' 
        and inserting ``Direct loans and loan guarantees'';
            (2) by redesignating subsections (a) and (b) as (b) and (c) 
        respectively;
            (3) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Direct Loans.--(1) Subject to subsection (c), the Secretary 
may make direct loans to an eligible entity in order to provide funds 
to the eligible entity for the acquisition or construction of housing 
units that the Secretary determines are suitable for use as military 
family housing or as military unaccompanied housing.
    ``(2) The Secretary shall establish such terms and conditions with 
respect to loans made under this subsection as the Secretary considers 
appropriate to protect the interests of the United States, including 
the period and frequency for repayment of such loans and the 
obligations of the obligors on such loans upon default.'';
            (4) in subsection (b) (as so redesignated) by striking 
        ``subsection (b),'' and inserting ``subsection (c),''; and
            (5) in subsection (c) (as so redesignated)--
                    (A) in the heading by striking ``Guarantee''; and
                    (B) by striking ``Loan guarantees'' and inserting 
                ``Direct loans and loan guarantees''.
    (c) Limited Partnerships With Eligible Entities.--Section 684 of 
title 14, United States Code, is amended--
            (1) in the section heading by striking ``nongovernmental'' 
        and inserting ``eligible'';
            (2) in subsection (a) by striking ``nongovernmental'' and 
        inserting ``eligible'';
            (3) in subsection (b)(1) by striking ``a nongovernmental'' 
        and inserting ``an eligible'';
            (4) in subsection (b)(2) by striking ``a nongovernmental'' 
        and inserting ``an eligible''; and
            (5) in subsection (c) by striking ``nongovernmental'' and 
        inserting ``eligible''.
    (d) Housing Demonstration Projects in Alaska.--Section 687(g) of 
title 14, United Sates Code, is amended--
            (1) in the heading by striking ``Project'' and inserting 
        ``Projects'';
            (2) in paragraph (1) by striking ``a demonstration 
        project'' and inserting ``demonstration projects'';
            (3) in paragraph (1) by striking ``Kodiak, Alaska;'' and 
        inserting ``Kodiak, Alaska, or any other Coast Guard 
        installation in Alaska;'';
            (4) in paragraph (2) by striking ``the demonstration 
        project'' and inserting ``such a demonstration project''; and
            (5) in paragraph (4) by striking ``the demonstration 
        project'' and inserting ``such demonstration projects''.
    (e) Differential Lease Payments.--Chapter 18 of title 14, United 
States Code, is amended by inserting after section 687 the following:
``Sec. 687a. Differential lease payments
    ``Pursuant to an agreement entered into by the Secretary and a 
lessor of military family housing or military unaccompanied housing to 
members of the armed forces, the Secretary may pay the lessor an 
amount, in addition to the rental payments for the housing made by the 
members, as the Secretary determines appropriate to encourage the 
lessor to make the housing available to members of the armed forces as 
military family housing or as military unaccompanied housing.''.
    (f) Clerical Amendment.--The table of sections at the beginning of 
chapter 18 of title 14, United States Code, is amended--
            (1) by striking the item related to section 682 and 
        inserting the following:

``682. Direct loans and loan guarantees.'';
            (2) in the item related to section 684 by striking 
        ``nongovernmental'' and inserting ``eligible''; and
            (3) by inserting after the item related to section 687 the 
        following:

``687a. Differential lease payments.''.

SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT.

    Section 727 of title 14, United States Code, is amended in the 
second sentence by striking ``three years'' and inserting ``one year''.

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

    Section 742 of title 14, United States Code, is amended--
            (1) in subsection (a), by striking ``sixty-two'' and 
        inserting ``60''; and
            (2) in subsection (c), by striking ``sixty-two'' and 
        inserting ``60''.

SEC. 210. PAYMENTS.

    (a) In General.--Chapter 13 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 517. Payments
    ``(a) The Secretary may require that travel or transportation 
allowances due a civilian employee or military member of the Coast 
Guard be disbursed directly to the issuer of a Federal contractor-
issued travel charge card, but only in an amount not to exceed the 
authorized travel expenses charged by that Coast Guard member to that 
travel charge card issued to that employee or member.
    ``(b) The Secretary may also establish requirements similar to 
those established by the Secretary of Defense pursuant to section 2784a 
of title 10 for deduction or withholding of pay or retired pay from a 
Coast Guard employee, member, or retired member who is delinquent in 
payment under the terms of the contract under which the card was issued 
and does not dispute the amount of the delinquency.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 13 of title 14, United States Code, is amended by adding at the 
end the following:

``517. Payments.''.

SEC. 211. COAST GUARD FELLOWSHIP PROGRAM.

    (a) Establishment.--Title 14, United States Code, is amended by 
adding at the end of chapter 11 the following:
``Sec. 337. Coast Guard Congressional Fellowship Program
    ``(a) There is established in the Coast Guard a Coast Guard 
Congressional Fellowship Program to broaden Coast Guard officers' 
knowledge of the Congress.
    ``(b) The Commandant may appoint 4 mid-grade officers as fellows 
under the program, subject to the following limitations:
            ``(1) The maximum length of a fellowship is one year.
            ``(2) A fellow may be assigned to an office of the House of 
        Representatives or the Senate, including a committee, during 
        the period of the fellowship, or may rotate between such 
        offices.
            ``(3) To protect against abuses of separation of powers 
        principles and conflicts of interest, a fellow may not engage 
        in duties that will result in any direct or indirect benefit to 
        the Coast Guard, other than broadening the fellow's knowledge.
    ``(c) An individual violating this section is subject to 
appropriate discipline by the Commandant.''.
    (b) Limitation on Application.--Section 337(b)(1) of title 14, 
United States Code, as amended by this section, does not apply to an 
individual serving on June 10, 2003, as a Coast Guard congressional 
fellow.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of title 14, United States Code, is amended by inserting 
after the item relating to section 336 the following:

``337. Coast Guard Congressional Fellowship Program.''.

SEC. 212. AIR SEARCH AND RESCUE FACILITY IN MUSKEGON COUNTY, MICHIGAN.

    (a) Lease Authority.--The Commandant may enter into a long-term 
lease for a period of up to 20 years with Muskegon County, Michigan, 
for use of a facility constructed by the County at Muskegon County 
Airport as an air search and rescue station, if such a facility that 
meets criteria established under subsection (b) is available.
    (b) Criteria.--Any facility leased under subsection (a) must meet 
criteria established by the Commandant.

SEC. 213. NATIONAL COAST GUARD MUSEUM.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 98. National Coast Guard Museum
    ``(a) Establishment.--The Commandant of the Coast Guard may, 
subject to subsections (b) and (c), establish a National Coast Guard 
Museum on Federal lands that are administered by the Coast Guard and 
specified by the Commandant.
    ``(b) Location.--The National Coast Guard Museum may be located at, 
or in close proximity to, the Coast Guard Academy in New London, 
Connecticut.
    ``(c) Limitation on Expenditures.--The Secretary of the Department 
in which the Coast Guard is operating shall not expend any Federal 
funds for the planning, engineering, design, construction, operation, 
or maintenance of any museum established under subsection (a).
    ``(d) Operation and Maintenance Plan.--Before the date on which the 
Commandant establishes a museum under subsection (a), the Commandant 
shall provide to the Committee on Transportation and Infrastructure of 
the House of Representatives a plan for operating and maintaining such 
a museum, including--
            ``(1) estimated operation and maintenance costs;
            ``(2) proposed sources of operation and maintenance funds; 
        and
            ``(3) a certification by the Inspector General of the 
        Department in which the Coast Guard is operating that items 
        included in the plan pursuant to paragraph (1) and (2) are 
        reasonable and realistic.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 14, United States Code, is amended by adding at the 
end the following:

``98. National Coast Guard Museum.''.

SEC. 214. LIMITATION ON NUMBER OF COMMISSIONED OFFICERS.

    Notwithstanding section 42(a) of title 14, United States Code, the 
total number of commissioned officers, excluding commissioned warrant 
officers, on active duty in the Coast Guard shall not exceed 6,700 in 
fiscal year 2004.

SEC. 215. REDISTRICTING NOTIFICATION REQUIREMENT.

    The Commandant shall notify the Committee on Transportation and 
Infrastructure of the House of Representatives at least 180 days 
before--
            (1) implementing any plan to reduce the number of, change 
        the location of, or change the geographic area covered by any 
        existing Coast Guard Districts; or
            (2) shifting of more than 10 per cent of the personnel or 
        equipment from the station where such personnel or equipment is 
        based.

                         TITLE III--NAVIGATION

SEC. 301. MARKING OF UNDERWATER WRECKS.

    Section 15 of the Act of March 3, 1899 (33 U.S.C. 409), is 
amended--
            (1) by striking ``day and'' and inserting ``day and, unless 
        otherwise authorized by the Commandant of the Coast Guard,''; 
        and
            (2) by striking ``lighted lantern'' and inserting 
        ``light''.

SEC. 302. USE OF ELECTRONIC DEVICES; COOPERATIVE AGREEMENTS.

    Section 4(a) of the Ports and Waterways Safety Act of 1972 (33 
U.S.C. 1223(a)) is amended by--
            (1)(A) striking ``and'' after the semicolon at the end of 
        paragraph (4);
            (B) striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (C) adding at the end the following:
            ``(6) may prohibit the use on the bridge of a vessel of 
        electronic or other devices that interfere with communications 
        and navigation equipment.''; and
            (2) adding at the end the following:
    ``(e) Cooperative Agreements.--(1) The Secretary may enter into 
cooperative agreements with public or private agencies, authorities, 
associations, institutions, corporations, organizations, or other 
persons to carry out the functions under subsection (a)(1).
    ``(2) A nongovernmental entity may not under this subsection carry 
out an inherently governmental function.
    ``(3) As used in this paragraph, the term `inherently governmental 
function' means any activity that is so intimately related to the 
public interest as to mandate performance by an officer or employee of 
the Federal Government, including an activity that requires either the 
exercise of discretion in applying the authority of the Government or 
the use of judgment in making a decision for the Government.''.

SEC. 303. INLAND NAVIGATION RULES PROMULGATION AUTHORITY.

    (a) Repeal of Inland Rules.--Section 2 of the Inland Navigational 
Rules Act of 1980 (33 U.S.C. 2001-38) is repealed.
    (b) Authority To Issue Regulations.--Section 3 of the Inland 
Navigational Rules Act of 1980 (33 U.S.C. 2001) is amended to read as 
follows:

``SEC. 3. INLAND NAVIGATION RULES.

    ``The Secretary of the Department in which the Coast Guard is 
operating may issue inland navigation regulations applicable to all 
vessels upon the inland waters of the United States and technical 
annexes that are as consistent as possible with the respective annexes 
to the International Regulations.''.
    (c) Effective Date.--Subsection (a) is effective on the effective 
date of final regulations prescribed by the Secretary of the Department 
in which the Coast Guard is operating under section 3 of the Inland 
Navigation Rules Act of 1980 (33 U.S.C. 2001), as amended by this Act.

                           TITLE IV--SHIPPING

SEC. 401. REPORTS FROM CHARTERERS.

    Section 12120 of title 46, United States Code, is amended by 
striking ``owners and masters'' and inserting ``owners, masters, and 
charterers''.

SEC. 402. SUSPENSION OF DOCUMENTS IN LIEU OF MANDATORY REVOCATION FOR 
              PROVED DRUG CONVICTIONS.

    Section 7704(b) of title 46, United States Code, is amended by 
inserting ``suspended or'' after ``shall be''.

SEC. 403. INSPECTION OF RECORDS OF MERCHANT MARINERS' DOCUMENTS.

    Section 7319 of title 46, United States Code, is amended by 
striking ``The records are not open to general or public inspection.''.

SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CITIZENSHIP REQUIREMENTS 
              REGARDING COMMAND OF VESSEL.

    (a) Exemption From Limitation on Command.--Section 12110(d) of 
title 46, United States Code, is amended by inserting ``or an unmanned 
barge not engaged on a coastwise voyage'' after ``recreational 
endorsement''.
    (b) Exemption From Seizure and Forfeiture.--Section 12122(b)(6) of 
title 46, United States Code, is amended by inserting ``or an unmanned 
barge not engaged on a coastwise voyage'' after ``recreational 
endorsement''.

SEC. 405. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS FOR CERTAIN 
              FEES AND CHARGES.

    Section 2110(d) of title 46, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(2)''; and
            (2) by adding at the end the following:
    ``(B) For purposes of subparagraph (A), costs of collecting the fee 
or charge include the reasonable administrative, accounting, personnel, 
contract, equipment, supply, training, and travel expenses of 
calculating, assessing, collecting, enforcing, reviewing, adjusting, 
and reporting on the fees and charges.''.

SEC. 406. COMPLIANCE WITH INTERNATIONAL SAFETY MANAGEMENT CODE.

    (a) Application of Existing Law.--Section 3202(a) of title 46, 
United States Code, is amended to read as follows:
    ``(a) Mandatory Application.--This chapter applies to a vessel 
that--
            ``(1)(A) is transporting more than 12 passengers described 
        in section 2101(21)(A) of this title; or
            ``(B) is of at least 500 gross tons as measured under 
        section 14502 of this title, or an alternate tonnage measured 
        under section 14302 of this title as prescribed by the 
        Secretary under section 14104 of this title, that is a tanker, 
        freight vessel, bulk freight vessel, high speed freight vessel, 
        or self-propelled mobile offshore drilling unit; and
            ``(2)(A) is engaged on a foreign voyage; or
            ``(B) is a foreign vessel departing from a place under the 
        jurisdiction of the United States on a voyage, any part of 
        which is on the high seas.''.
    (b) Compliance of Regulations With International Safety Management 
Code.--Section 3203(b) of title 46, United States Code, is amended by 
striking ``vessels engaged on a foreign voyage.'' and inserting 
``vessels to which this chapter applies under section 3202(a) of this 
title.''.

SEC. 407. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH RECREATIONAL 
              VESSEL AND ASSOCIATED EQUIPMENT SAFETY STANDARDS.

    Section 4311(b) of title 46, United States Code, is amended--
            (1) by striking the first sentence and inserting ``A person 
        violating section 4307(a) of this title is liable to the United 
        States Government for a civil penalty of not more than $5,000, 
        except that the maximum civil penalty may be not more than 
        $250,000 for a related series of violations.''; and
            (2) in the second sentence, by striking ``4307(a)(1)'' and 
        inserting ``4307(a)''.

SEC. 408. REVISION OF TEMPORARY SUSPENSION CRITERIA IN DOCUMENT 
              SUSPENSION AND REVOCATION CASES.

    Section 7702(d) of title 46, United States Code, is amended--
            (1) in paragraph (1) by striking ``if, when acting under 
        the authority of that license, certificate, or document--'' and 
        inserting ``if--'';
            (2) in paragraph (1)(B)(i), by inserting ``, while acting 
        under the authority of that license, certificate, or 
        document,'' after ``has'';
            (3) by striking ``or'' after the semicolon at the end of 
        paragraph (1)(B)(ii);
            (4) by striking the period at the end of paragraph 
        (1)(B)(iii) and inserting ``; or''; and
            (5) by adding at the end of paragraph (1)(B) the following:
                    ``(iv) is a threat to the safety or security of a 
                vessel or a public or commercial structure located 
                within or adjacent to the marine environment.''.

SEC. 409. REVISION OF BASES FOR DOCUMENT SUSPENSION AND REVOCATION 
              CASES.

    Section 7703 of title 46, United States Code, is amended--
            (1) in paragraph (1)(B)--
                    (A) by striking ``incompetence,''; and
                    (B) by striking the comma after ``misconduct'';
            (2) by striking ``or'' after the semicolon at the end of 
        paragraph (2);
            (3) by striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(4) has committed an act of incompetence; or
            ``(5) is a threat to the safety or security of a vessel or 
        a structure located within or adjacent to the marine 
        environment.''.

SEC. 410. HOURS OF SERVICE ON TOWING VESSELS.

    (a) Regulations.--Section 8904 of title 46, United States Code, is 
amended by adding at the end of the following:
    ``(c) The Secretary may prescribe by regulation requirements for 
maximum hours of service (including recording and record-keeping of 
that service) of individuals engaged on a towing vessel that is at 
least 26 feet in length measured from end to end over the deck 
(excluding the sheer).''.
    (b) Demonstration Project.--Prior to prescribing regulations under 
this section the Secretary shall conduct and report to the Congress on 
the results of a demonstration project involving the implementation of 
Crew Endurance Management Systems on towing vessels. The report shall 
include a description of the public and private sector resources needed 
to enable implementation of Crew Endurance Management Systems on all 
United States-flag towing vessels.

SEC. 411. AUTOMATIC IDENTIFICATION SYSTEM ELECTRONIC CHARTS.

    Section 70114(a)(1) of title 46, United States Code, is amended by 
inserting ``, including an electronic chart and related display,'' 
after ``automatic identification system'' the first place it appears.

SEC. 412. PREVENTION OF DEPARTURE.

    (a) In General.--Section 3505 of title 46, United States Code, is 
amended to read as follows:
``Sec. 3505. Prevention of departure
    ``Notwithstanding section 3303 of this title, a foreign vessel 
carrying a citizen of the United States as a passenger or that embarks 
passengers from a United States port may not depart from a United 
States port if the Secretary finds that the vessel does not comply with 
the standards stated in the International Convention for the Safety of 
Life at Sea to which the United States Government is currently a 
party.''.
    (b) Conforming Amendment.--Section 3303 of title 46, United States 
Code, is amended by inserting ``and section 3505'' after ``chapter 
37''.

                  TITLE V--FEDERAL MARITIME COMMISSION

SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL MARITIME 
              COMMISSION.

    There is authorized to be appropriated to the Federal Maritime 
Commission $18,471,000 for Fiscal Year 2004.

                        TITLE VI--MISCELLANEOUS

SEC. 601. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN BRIDGE 
              STATUTES.

    (a) General Bridge Act of 1906.--Section 5(b) of Act of March 23, 
1906 (chapter 1130; 33 U.S.C. 495), popularly known as the General 
Bridge Act, is amended by striking ``$1,000'' and inserting ``$5,000 
for a violation occurring in 2004; $10,000 for a violation occurring in 
2005; $15,000 for a violation occurring in 2006; $20,000 for a 
violation occurring in 2007; and $25,000 for a violation occurring in 
2008 and any year thereafter''.
    (b) Drawbridges.--Section 5(c) of the Act entitled ``An Act making 
appropriations for the construction, repair, and preservation of 
certain public works on rivers and harbors, and for other purposes'', 
approved August 18, 1894 (33 U.S.C. 499(c)), is amended by striking 
``$1,000'' and inserting ``$5,000 for a violation occurring in 2004; 
$10,000 for a violation occurring in 2005; $15,000 for a violation 
occurring in 2006; $20,000 for a violation occurring in 2007; and 
$25,000 for a violation occurring in 2008 and any year thereafter''.
    (c) Alteration, Removal, or Repair of Bridges.--Section 18(c) of 
the Act entitled ``An Act making appropriations for the construction, 
repair, and preservation of certain public works on rivers and harbors, 
and for other purposes'', approved March 3, 1899 (33 U.S.C. 502(c)) is 
amended by striking ``$1,000'' and inserting ``$5,000 for a violation 
occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 
for a violation occurring in 2006; $20,000 for a violation occurring in 
2007; and $25,000 for a violation occurring in 2008 and any year 
thereafter''.
    (d) General Bridge Act of 1946.--Section 510(b) of the General 
Bridge Act of 1946 (33 U.S.C. 533(b)) is amended by striking ``$1,000'' 
and inserting ``$5,000 for a violation occurring in 2004; $10,000 for a 
violation occurring in 2005; $15,000 for a violation occurring in 2006; 
$20,000 for a violation occurring in 2007; and $25,000 for a violation 
occurring in 2008 and any year thereafter''.

SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER SUNDEW.

    (a) In General.--Upon the scheduled decommissioning of the Coast 
Guard Cutter SUNDEW, the Commandant of the Coast Guard shall convey all 
right, title, and interest of the United States in and to that vessel 
to Duluth Entertainment and Convention Center Authority (a nonprofit 
corporation under the laws of the State of Minnesota; in this section 
referred to as the ``recipient''), located in Duluth, Minnesota, 
without consideration, if--
            (1) the recipient agrees--
                    (A) to use the vessel for purposes of education and 
                historical display;
                    (B) not to use the vessel for commercial 
                transportation purposes;
                    (C) to make the vessel available to the United 
                States Government if needed for use by the Commandant 
                in time of war or a national emergency; and
                    (D) to hold the Government harmless for any claims 
                arising from exposure to hazardous materials, including 
                asbestos and polychlorinated biphenyls (PCBs), after 
                conveyance of the vessel, except for claims arising 
                from the use by the Government under subparagraph (C);
            (2) the recipient has funds available that will be 
        committed to operate and maintain the vessel conveyed in good 
        working condition, in the form of cash, liquid assets, or a 
        written loan commitment, and in an amount of at least $700,000; 
        and
            (3) the recipient agrees to any other conditions the 
        Commandant considers appropriate.
    (b) Maintenance and Delivery of Vessel.--Prior to conveyance of the 
vessel under this section, the Commandant shall, to the extent 
practical, and subject to other Coast Guard mission requirements, make 
every effort to maintain the integrity of the vessel and its equipment 
until the time of delivery. If a conveyance is made under this section, 
the Commandant shall deliver the vessel at the place where the vessel 
is located, in its present condition, and without cost to the 
Government. The conveyance of the vessel under this section shall not 
be considered a distribution in commerce for purposes of section 6(e) 
of Public Law 94-469 (15 U.S.C. 2605(e)).
    (c) Other Excess Equipment.--The Commandant may convey to the 
recipient any excess equipment or parts from other decommissioned Coast 
Guard vessels for use to enhance the vessel's operability and function 
as an historical display.

SEC. 603. TONNAGE MEASUREMENT.

    (a) M/V BLUEFIN.--The gross tonnage of the M/V BLUEFIN (United 
States official number 620431) as measured under regulations prescribed 
under section 14502 of title 46, United States Code, is deemed to be 
488 tons.
    (b) M/V COASTAL MERCHANT.--The gross tonnage of the M/V COASTAL 
MERCHANT (United States official number 1038382) as measured under 
regulations prescribed under section 14502 of title 46, United States 
Code, is deemed to be 493 tons.
    (c) Termination of Application.--Subsection (a) or (b) shall not 
apply on and after any date on which the Secretary of the Department in 
which the Coast Guard is operating determines, respectively, that the 
vessel M/V BLUEFIN or the vessel M/V COASTAL MERCHANT has undergone any 
major modification.

SEC. 604. OPERATION OF VESSEL STAD AMSTERDAM.

    (a) In General.--Notwithstanding section 8 of the Act of June 19, 
1886 (46 App. U.S.C. 289), and the ruling by the Acting Director of the 
International Trade Compliance Division of the Customs Service on May 
17, 2002 (Customs Bulletins and Decisions, Vol. 36, No. 23, June 5, 
2002), the vessel STAD AMSTERDAM (International Maritime Organization 
number 9185554) shall be authorized to carry within United States 
waters and between ports or places in the United States individuals who 
are not directly and substantially connected with the operation, 
navigation, ownership, or business of the vessel, who are friends, 
guests, or employees of the owner of the vessel, and who are not actual 
or prospective customers for hire of the vessel.
    (b) Limitation.--This section does not authorize the vessel STAD 
AMSTERDAM to be used to carry individuals for a fare or to be chartered 
on a for-hire basis in the coastwise trade.

SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.

    (a) Designation.--The Secretary of Transportation may designate a 
National Maritime Enhancement Institute for the Great Lakes Region.
    (b) Authorized Activities.--In addition to the activities that may 
be undertaken by that Institute under section 8(b) of Public Law 101-
115 (46 App. U.S.C. 1121-2), the Great Lakes National Maritime 
Enhancement Institute may--
            (1) conduct research and evaluate short sea shipping market 
        opportunities on the Great Lakes, including the expanded use of 
        freight ferries, improved mobility, and regional supply chain 
        efficiency;
            (2) evaluate markets for foreign trade between ports on the 
        Great Lakes and draft-limited ports in Europe and Africa;
            (3) evaluate the environmental benefits of waterborne 
        transportation in the Great Lakes region;
            (4) analyze the effect of the Harbor Maintenance Tax on 
        Great Lakes shipping;
            (5) study the state of shipbuilding and ship repair base on 
        the Great Lakes;
            (6) evaluate opportunities for passenger vessel services on 
        the Great Lakes;
            (7) analyze the origin to destination flow of freight cargo 
        in the Great Lakes region that may be transported on vessels to 
        relieve congestion in other modes of transportation;
            (8) evaluate the economic viability establishing 
        transshipment facilities for oceangoing cargoes;
            (9) evaluate the adequacy of the infrastructure in ports to 
        meet the needs of marine commerce; and
            (10) study and develop new vessel designs for domestic and 
        international shipping on the Great Lakes.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $5,000,000 for each of fiscal years 2004 
through 2008 for the activities described in subsection (b).

SEC. 606. AGILE PORT AND INTELLIGENT BORDER SECURITY NATIONAL 
              DEMONSTRATION PROJECT.

    (a) In General.--The Secretary of Transportation may carry out an 
Agile Port and Intelligent Border Security National Demonstration 
Project under the Center for the Commercial Deployment of 
Transportation Technologies to develop and deploy dual use 
transportation technologies for commercial applications, including the 
following:
            (1) Agile port facilities, including inland multi-modal 
        transportation facilities.
            (2) Advanced cargo and passenger vessel hull design, 
        propulsion systems, and construction.
            (3) Regional supply chain efficiency, improved mobility, 
        and air quality.
            (4) Maritime, port, cargo, and supply chain security, and 
        total asset visibility.
    (b) Authorization of Appropriations.--To carry out the 
demonstration project under subsection (a) there is authorized to be 
appropriated to the Secretary of Transportation $5,000,000 for fiscal 
year 2004.

SEC. 607. KOSS COVE.

    (a) In General.--Notwithstanding any other provision of law or 
existing policy, the cove described in subsection (b) shall be known 
and designated as ``Koss Cove'', in honor of the late Able Bodied 
Seaman Eric Steiner Koss of the National Oceanic and Atmospheric 
Administration vessel RAINER who died in the performance of a nautical 
charting mission off the coast of Alaska.
    (b) Cove Described.--The cove referred to in subsection (a) is--
            (1) adjacent to and southeast of Point Elrington, Alaska, 
        and forms a portion of the southern coast of Elrington Island;
            (2) \3/4\ mile across the mouth;
            (3) centered at 59 degrees 56.1 minutes North, 148 degrees 
        14 minutes West; and
            (4) 45 miles from Seaward, Alaska.
    (c) References.--Any reference in any law, regulation, document, 
record, map, or other paper of the United States to the cove described 
in subsection (b) is deemed to be a reference to Koss Cove.

SEC. 608. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81, 
chapter 421; 46 App. U.S.C. 289), and section 12106 of title 46, United 
States Code, the Secretary of the department in which the Coast Guard 
is operating may issue a certificate of documentation with appropriate 
endorsement for employment in the coastwise trade for the following 
vessels:
            (1) OCEAN LEADER (United States official number 679511).
            (2) REVELATION (United States official number 1137565).

SEC. 609. DREDGING STUDY.

    (a) Study.--The Director of the Congressional Budget Office shall 
study and report to the Committee on Transportation and Infrastructure 
of the House of Representatives on the impacts of chartering by foreign 
citizens of dredges documented under the laws of the United States, 
on--
            (1) the structure, conduct, and performance, of the United 
        States dredging market; and
            (2) costs paid by Federal agencies for dredging projects.
    (b) Foreign Citizen Defined.--In subsection (a), the term ``foreign 
citizen'' means any corporation, partnership, or association that does 
not qualify as a citizen of the United States under section 2 of the 
Shipping Act of 1916 (46 APP. U.S.C. 802).

SEC. 610. REPORT REGARDING SECURITY INSPECTION OF VESSELS AND VESSEL-
              BORNE CARGO CONTAINERS ENTERING THE UNITED STATES.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Department in which the 
Coast Guard is operating shall report to the Congress regarding the 
numbers and types of vessels and vessel-borne cargo containers that 
enter the United States in a year.
    (b) Contents.--The report under this section shall include the 
following:
            (1) A section regarding security inspection of vessels that 
        includes the following:
                    (A) A complete breakdown of the numbers and types 
                of vessels that entered the United States in the most 
                recent 1-year period for which information is 
                available.
                    (B) The cost incurred by the Federal Government in 
                inspecting such vessels in such 1-year period, 
                including specification and comparison of such cost for 
                each type of vessel.
                    (C) An estimate of the per-vessel cost that would 
                be incurred by the Federal Government in inspecting in 
                a foreign port each type of vessel that enters the 
                United States each year, including costs for personnel, 
                vessels, equipment, and funds.
                    (D) An estimate of the annual total cost that would 
                be incurred by the Federal Government in inspecting in 
                foreign ports all vessels that enter the United States 
                each year, including costs for personnel, vessels, 
                equipment, and funds.
            (2) A section regarding security inspection of containers 
        that includes the following:
                    (A) A complete breakdown of the numbers and types 
                of vessel-borne cargo containers that entered the 
                United States in the most recent 1-year period for 
                which information is available, including specification 
                of the number of 1 TEU containers and the number of 2 
                TEU containers.
                    (B) The cost incurred by the Federal Government in 
                inspecting such containers in such 1-year period, 
                including specification and comparison of such cost for 
                a 1 TEU container and for a 2 TEU container.
                    (C) An estimate of the per-container cost that 
                would be incurred by the Federal Government in 
                inspecting in a foreign port each type of vessel-borne 
                container that enters the United States each year, 
                including costs for personnel, vessels, equipment, and 
                funds.
                    (D) An estimate of the annual total cost that would 
                be incurred by the Federal Government in inspecting in 
                foreign ports all vessel-borne containers that enter 
                the United States each year, including costs for 
                personnel, vessels, equipment, and funds.

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

SEC. 701. VESSEL RESPONSE PLANS FOR NONTANK VESSELS OVER 400 GROSS 
              TONS.

    (a) Nontank Vessel Defined.--Section 311(j) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the 
end the following:
            ``(9) Nontank vessel defined.--In this subsection, the term 
        `nontank vessel' means a self-propelled vessel of 400 gross 
        tons (as measured under section 14502 of title 46, United 
        States Code, or an alternate tonnage measured under section 
        14302 of such title as prescribed by the Secretary under 
        section 14104 of such title) or greater, other than a tank 
        vessel, that carries oil of any kind as fuel for main 
        propulsion and that--
                    ``(A) is a vessel of the United States; or
                    ``(B) operates on the navigable waters of the 
                United States.''.
    (b) Amendments To Require Response Plans.--Section 311(j) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended--
            (1) in paragraph (5) in the heading by inserting ``, 
        nontank vessel,'' after ``vessel'';
            (2) in paragraph 5(A) by inserting ``, nontank vessel,'' 
        after ``vessel'';
            (3) in paragraph (5)(B), in the matter preceding clause 
        (i), by inserting ``, nontank vessels,'' after ``vessels'';
            (4) in paragraph (5)(B), by redesignating clauses (ii) and 
        (iii) as clauses (iii) and (iv), respectively, and by inserting 
        after clause (i) the following:
                    ``(ii) A nontank vessel.'';
            (5) in paragraph (5)(D)--
                    (A) by inserting ``, nontank vessel,'' after 
                ``vessel'';
                    (B) by striking ``and'' after the semicolon at the 
                end of clause (iii);
                    (C) by striking the period at the end of clause 
                (iv) and inserting ``; and''; and
                    (D) by adding after clause (iv) the following:
                    ``(v) for nontank vessels, consider any applicable 
                State-mandated response plan and ensure consistency to 
                the extent practicable.'';
            (6) in paragraph (5)(E), in the matter preceding clause 
        (i), by inserting ``nontank vessel,'' after ``vessel,'';
            (7) in paragraph (5)(E)(i) by inserting ``nontank vessel,'' 
        , after ``vessel,'';
            (8) in paragraph (5)(F) by striking ``tank vessel or'' and 
        inserting ``vessel or'';
            (9) in paragraph (5)(G) by inserting ``nontank vessel,'' 
        after ``vessel,'';
            (10) in paragraph (5)(H) by inserting ``and nontank 
        vessel'' after ``each tank vessel'';
            (11) in paragraph (6) in the matter preceding subparagraph 
        (A) by striking ``Not later than 2 years after the date of 
        enactment of this section, the President shall require--'' and 
        inserting ``The President may require--'';
            (12) in paragraph (6)(B) by inserting ``, and nontank 
        vessels carrying oil of any kind as fuel for main propulsion,'' 
        after ``cargo''; and
            (13) in paragraph (7) by inserting ``, nontank vessel,'' 
        after ``vessel''.
    (c) Implementation Date.--The President shall not require the owner 
or operator of a nontank vessel (as defined section 311(j)(9) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(9), as amended 
by this section) to prepare and submit a vessel response plan for such 
vessel before the end of the one-year period beginning on the date of 
the enactment of this Act.

SEC. 702. REQUIREMENTS FOR TANK LEVEL AND PRESSURE MONITORING DEVICES.

    Section 4110 of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note) 
is amended--
            (1) in subsection (a), by striking ``Not later than 1 year 
        after the date of the enactment of this Act, the Secretary 
        shall'' and inserting ``The Secretary may'';
            (2) in subsection (b)--
                    (A) by striking ``Not later than 1 year after the 
                date of the enactment of this Act, the Secretary 
                shall'' and inserting ``No sooner than 1 year after the 
                Secretary prescribes regulations under subsection (a), 
                the Secretary may''; and
                    (B) by striking ``the standards'' and inserting 
                ``any standards''.

SEC. 703. LIABILITY AND COST RECOVERY.

    (a) Definition of Owner or Operator.--Section 1001(26) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701(26)) is amended to read as 
follows:
            ``(26) `owner or operator'--
                    ``(A) means--
                            ``(i) in the case of a vessel, any person 
                        owning, operating, or chartering by demise, the 
                        vessel;
                            ``(ii) in the case of an onshore or 
                        offshore facility, any person owning or 
                        operating such facility;
                            ``(iii) in the case of any abandoned 
                        offshore facility, the person who owned or 
                        operated such facility immediately prior to 
                        such abandonment;
                            ``(iv) in the case of any facility, title 
                        or control of which was conveyed due to 
                        bankruptcy, foreclosure, tax delinquency, 
                        abandonment, or similar means to a unit of 
                        State or local government, any person who 
                        owned, operated, or otherwise controlled 
                        activities at such facility immediately 
                        beforehand;
                            ``(v) notwithstanding subparagraph (B)(i), 
                        any State or local government that has caused 
                        or contributed to a discharge or substantial 
                        threat of a discharge of oil from a vessel or 
                        facility ownership or control of which was 
                        acquired involuntarily through bankruptcy, tax 
                        delinquency, abandonment, or other 
circumstances in which the government involuntarily acquires title by 
virtue of its function as sovereign; and
                            ``(vi) notwithstanding subparagraph 
                        (B)(ii), a person that is a lender and that 
                        holds indicia of ownership primarily to protect 
                        a security interest in a vessel or facility if, 
                        while the borrower is still in possession of 
                        the vessel or facility encumbered by the 
                        security interest, the person--
                                    ``(I) exercises decisionmaking 
                                control over the environmental 
                                compliance related to the vessel or 
                                facility, such that the person has 
                                undertaken responsibility for oil 
                                handling or disposal practices related 
                                to the vessel or facility; or
                                    ``(II) exercises control at a level 
                                comparable to that of a manager of the 
                                vessel or facility, such that the 
                                person has assumed or manifested 
                                responsibility--
                                            ``(aa) for the overall 
                                        management of the vessel or 
                                        facility encompassing day-to-
                                        day decisionmaking with respect 
                                        to environmental compliance; or
                                            ``(bb) over all or 
                                        substantially all of the 
                                        operational functions (as 
                                        distinguished from financial or 
                                        administrative functions) of 
                                        the vessel or facility other 
                                        than the function of 
                                        environmental compliance; and
                    ``(B) does not include--
                            ``(i) a unit of State or local government 
                        that acquired ownership or control of a vessel 
                        or facility involuntarily through bankruptcy, 
                        tax delinquency, abandonment, or other 
                        circumstances in which the government 
                        involuntarily acquires title by virtue of its 
                        function as sovereign;
                            ``(ii) a person that is a lender that does 
                        not participate in management of a vessel or 
                        facility, but holds indicia of ownership 
                        primarily to protect the security interest of 
                        the person in the vessel or facility;
                            ``(iii) a person that is a lender that did 
                        not participate in management of a vessel or 
                        facility prior to foreclosure, notwithstanding 
                        that the person--
                                    ``(I) forecloses on the vessel or 
                                facility; and
                                    ``(II) after foreclosure, sells, 
                                re-leases (in the case of a lease 
                                finance transaction), or liquidates the 
                                vessel or facility, maintains business 
                                activities, winds up operations, 
                                undertakes a removal action under 
                                311(c) of the Federal Water Pollution 
                                Control Act (33 U.S.C. 311(c)) or under 
                                the direction of an on-scene 
                                coordinator appointed under the 
                                National Contingency Plan, with respect 
                                to the vessel or facility, or takes any 
                                other measure to preserve, protect, or 
                                prepare the vessel or facility prior to 
                                sale or disposition,
                        if the person seeks to sell, re-lease (in the 
                        case of a lease finance transaction), or 
                        otherwise divest the person of the vessel or 
                        facility at the earliest practicable, 
                        commercially reasonable time, on commercially 
                        reasonable terms, taking into account market 
                        conditions and legal and regulatory 
                        requirements;''.
    (b) Other Definitions.--Section 1001 of the Oil Pollution Act of 
1990 (33 U.S.C. 2701) is amended by striking ``and'' after the 
semicolon at the end of paragraph (36), by striking the period at the 
end of paragraph (37) and inserting a semicolon, and by adding at the 
end the following:
            ``(38) `participate in management'--
                    ``(A)(i) means actually participating in the 
                management or operational affairs of a vessel or 
                facility; and
                    ``(ii) does not include merely having the capacity 
                to influence, or the unexercised right to control, 
                vessel or facility operations; and
                    ``(B) does not include--
                            ``(i) performing an act or failing to act 
                        prior to the time at which a security interest 
                        is created in a vessel or facility;
                            ``(ii) holding a security interest or 
                        abandoning or releasing a security interest;
                            ``(iii) including in the terms of an 
                        extension of credit, or in a contract or 
                        security agreement relating to the extension, a 
                        covenant, warranty, or other term or condition 
                        that relates to environmental compliance;
                            ``(iv) monitoring or enforcing the terms 
                        and conditions of the extension of credit or 
                        security interest;
                            ``(v) monitoring or undertaking one or more 
                        inspections of the vessel or facility;
                            ``(vi) requiring a removal action or other 
                        lawful means of addressing a discharge or 
                        substantial threat of a discharge of oil in 
                        connection with the vessel or facility prior 
                        to, during, or on the expiration of the term of 
                        the extension of credit;
                            ``(vii) providing financial or other advice 
                        or counseling in an effort to mitigate, 
                        prevent, or cure default or diminution in the 
                        value of the vessel or facility;
                            ``(viii) restructuring, renegotiating, or 
                        otherwise agreeing to alter the terms and 
                        conditions of the extension of credit or 
                        security interest, exercising forbearance;
                            ``(ix) exercising other remedies that may 
                        be available under applicable law for the 
                        breach of a term or condition of the extension 
                        of credit or security agreement; or
                            ``(x) conducting a removal action under 
                        311(c) of the Federal Water Pollution Control 
                        Act (33 U.S.C. 1321(c)) or under the direction 
                        of an on-scene coordinator appointed under the 
                        National Contingency Plan,
                if such actions do not rise to the level of 
                participating in management under subparagraph (A) of 
                this paragraph and paragraph (26)(A)(vi);
            ``(39) `extension of credit' has the meaning provided in 
        section 101(20)(G)(i) of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980 (42 U.S.C. 
        9601(20)(G)(i));
            ``(40) `financial or administrative function' has the 
        meaning provided in section 101(20)(G)(ii) of the Comprehensive 
        Environmental Response, Compensation and Liability Act of 1980 
        (42 U.S.C. 9601(20)(G)(ii));
            ``(41) `foreclosure' and `foreclose' each has the meaning 
        provided in section 101(20)(G)(iii) of the Comprehensive 
        Environmental Response, Compensation and Liability Act of 1980 
        (42 U.S.C. 9601(20)(G)(iii));
            ``(42) `lender' has the meaning provided in section 
        101(20)(G)(iv) of the Comprehensive Environmental Response, 
        Compensation and Liability Act of 1980 (42 U.S.C. 
        9601(20)(G)(iv));
            ``(43) `operational function' has the meaning provided in 
        section 101(20)(G)(v) of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980 (42 U.S.C. 
        9601(20)(G)(v)); and
            ``(44) `security interest' has the meaning provided in 
        section 101(20)(G)(vi) of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980 (42 U.S.C. 
        9601(20)(G)(vi)).''.
     (c) Definition of Contractual Relationship.--Section 1003 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2703) is amended by adding at the 
end the following:
    ``(d) Definition of Contractual Relationship.--
            ``(1) In general.--For purposes of subsection (a)(3) the 
        term `contractual relationship' includes, but is not limited 
        to, land contracts, deeds, easements, leases, or other 
        instruments transferring title or possession, unless--
                    ``(A) the real property on which the facility 
                concerned is located was acquired by the responsible 
                party after the discharge of the oil on, in, or at the 
                facility;
                    ``(B) one or more of the circumstances described in 
                subparagraph (A), (B), or (C) of paragraph (2) is 
                established by the responsible party by a preponderance 
                of the evidence; and
                    ``(C) the responsible party complies with paragraph 
                (3).
            ``(2) required circumstance.--The circumstances referred to 
        in paragraph (1)(B) are the following:
                    ``(A) At the time the responsible party acquired 
                the real property on which the facility is located the 
                responsible party did not know and had no reason to 
                know that oil that is the subject of the discharge or 
                substantial threat of discharge was placed on, in, or 
                at the facility.
                    ``(B) The responsible party is a government entity 
                that acquired the facility--
                            ``(i) by escheat;
                            ``(ii) through any other involuntary 
                        transfer or acquisition; or
                            ``(iii) through the exercise of eminent 
                        domain authority by purchase or condemnation.
                    ``(C) The responsible party acquired the facility 
                by inheritance or bequest.
            ``(3) Additional requirements.--For purposes of paragraph 
        (1)(C), the responsible party must establish by a preponderance 
        of the evidence that the responsible party--
                    ``(A) has satisfied the requirements of section 
                1003(a)(3)(A) and (B);
                    ``(B) has provided full cooperation, assistance, 
                and facility access to the persons that are authorized 
                to conduct removal actions, including the cooperation 
                and access necessary for the installation, integrity, 
                operation, and maintenance of any complete or partial 
                removal action;
                    ``(C) is in compliance with any land use 
                restrictions established or relied on in connection 
                with the removal action; and
                    ``(D) has not impeded the effectiveness or 
                integrity of any institutional control employed in 
                connection with the removal action.
            ``(4) Reason to know.--
                    ``(A) Appropriate inquiries.--To establish that the 
                responsible party had no reason to know of the matter 
                described in paragraph (2)(A), the responsible party 
                must demonstrate that--
                            ``(i) on or before the date on which the 
                        responsible party acquired the real property on 
                        which the facility is located, the responsible 
                        party carried out all appropriate inquiries, as 
                        provided in subparagraphs (B) and (D), into the 
                        previous ownership and uses of the real 
                        property on which the facility is located in 
                        accordance with generally accepted good 
                        commercial and customary standards and 
                        practices; and
                            ``(ii) the responsible party took 
                        reasonable steps to--
                                    ``(I) stop any continuing 
                                discharge;
                                    ``(II) prevent, minimize or 
                                mitigate any substantial threat of 
                                discharge; and
                                    ``(III) prevent or limit any human, 
                                environmental, or natural resource 
                                exposure to any discharged oil.
                    ``(B) Regulations establishing standards and 
                practices.--Not later than 2 years after the date of 
                the enactment of this paragraph, the Secretary shall by 
                regulation establish standards and practices for the 
                purpose of satisfying the requirement to carry out all 
                appropriate inquiries under subparagraph (A).
                    ``(C) Criteria.--In promulgating regulations that 
                establish the standards and practices referred to in 
                subparagraph (B), the Secretary shall include in such 
                standards provisions regarding each of the following:
                            ``(i) The results of an inquiry by an 
                        environmental professional.
                            ``(ii) Interviews with past and present 
                        owners, operators, and occupants of the 
                        facility and the real property on which the 
                        facility is located for the purpose of 
                        gathering information regarding the potential 
                        for oil at the facility and on the real 
                        property on which the facility is located.
                            ``(iii) Reviews of historical sources, 
                        including, to the extent available, chain of 
                        title documents, aerial photographs, building 
                        department records, and land use records, to 
                        determine previous uses and occupancies of the 
                        real property on which the facility is located 
                        since the property was first developed.
                            ``(iv) Searches for recorded environmental 
                        cleanup liens against the facility and the real 
                        property on which the facility is located that 
                        are filed under Federal, State, or local law.
                            ``(v) Reviews of Federal, State, and local 
                        government records, waste disposal records, 
                        underground storage tank records, and waste 
                        handling, generation, treatment, disposal, and 
                        spill records, concerning oil at the facility 
                        and on the real property on which the facility 
                        is located.
                            ``(vi) Visual inspections of the facility, 
                        the real property on which the facility is 
                        located, and adjoining properties.
                            ``(vii) Specialized knowledge or experience 
                        on the part of the responsible party.
                            ``(viii) The relationship of the purchase 
                        price to the value of the facility and the real 
                        property on which the facility is located, if 
                        oil was not at the facility or on the real 
                        property.
                            ``(ix) Commonly known or reasonably 
                        ascertainable information about the facility 
                        and the real property on which the facility is 
                        located.
                            ``(x) The degree of obviousness of the 
                        presence or likely presence of oil at the 
                        facility and on the real property on which the 
                        facility is located, and the ability to detect 
                        the oil by appropriate investigation.
                    ``(D) Interim standards and practices.--
                            ``(i) Real property purchased before may 
                        31, 1997.--With respect to real property 
                        purchased before May 31, 1997, in making a 
                        determination with respect to a responsible 
                        party described in subparagraph (A), a court or 
                        appropriate official shall take into account--
                                    ``(I) any specialized knowledge or 
                                experience on the part of the 
                                responsible party;
                                    ``(II) the relationship of the 
                                purchase price to the value of the 
                                facility and the real property on which 
                                the facility is located, if oil was not 
                                at the facility or on the real 
                                property;
                                    ``(III) commonly known or 
                                reasonably ascertainable information 
                                about the facility and the real 
                                property on which the facility is 
                                located;
                                    ``(IV) the obviousness of the 
                                presence or likely presence of oil at 
                                the facility and on the real property 
                                on which the facility is located; and
                                    ``(V) the ability of the 
                                responsible party to detect the oil by 
                                appropriate inspection.
                            ``(ii) Real property purchased on or after 
                        may 31, 1997.--With respect to real property 
                        purchased on or after May 31, 1997, until the 
                        Secretary promulgates the regulations described 
                        in clause (ii), the procedures of the American 
                        Society for Testing and Materials, including 
                        the document known as `Standard E1527-97', 
                        entitled `Standard Practice for Environmental 
                        Site Assessment: Phase I Environmental Site 
                        Assessment Process', shall satisfy the 
                        requirements in subparagraph (A).
                    ``(E) Site inspection and title search.--In the 
                case of real property for residential use or other 
                similar use purchased by a nongovernmental or 
                noncommercial entity, inspection and title search of 
                the facility and the real property on which the 
                facility is located that reveal no basis for further 
                investigation shall be considered to satisfy the 
                requirements of this paragraph.
            ``(5) Previous owner or operator.--Nothing in this 
        paragraph or in section 1003(a)(3) shall diminish the liability 
        of any previous owner or operator of such facility who would 
        otherwise be liable under this Act. Notwithstanding this 
        paragraph, if a responsible party obtained actual knowledge of 
        the discharge or substantial threat of discharge of oil at such 
        facility when the responsible party owned the facility and then 
        subsequently transferred ownership of the facility or the real 
        property on which the facility is located to another person 
        without disclosing such knowledge, the responsible party shall 
        be treated as liable under 1002(a) and no defense under section 
        1003(a) shall be available to such responsible party.
            ``(6) Limitation on defense.--Nothing in this paragraph 
        shall affect the liability under this Act of a responsible 
        party who, by any act or omission, caused or contributed to the 
        discharge or substantial threat of discharge of oil which is 
        the subject of the action relating to the facility.''.

                                                 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
```