In the Senate of the United States,

March 30, 2004.

Resolved, That the bill from the House of Representatives (H.R. 2443) entitled ‘‘An Act to authorize appropriations for the Coast Guard for fiscal year 2004, to amend various laws administered by the Coast Guard, and for other

purposes.’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Coast Guard Authoriza3 tion Act of 2004’’.
 †

2

HR 2443 EAS

1 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—AUTHORIZATION

Sec. 101. Authorization of appropriations.

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

TITLE II—COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY

MANAGEMENT

Sec. 201. Enlisted member critical skill training bonus.

Sec. 202. Amend limits to the number of commanders and lieutenant commanders.

Sec. 203. Expansion of Coast Guard housing authorities.

Sec. 204. Property owned by Auxiliary units and dedicated solely for Auxiliary

use.

Sec. 205. Coast Guard Auxiliary units as instrumentalities of the United States

for taxation purposes.

Sec. 206. Maximum age for retention in an active status.

Sec. 207. Term of enlistments.

Sec. 208. Requirement for constructive credit.

Sec. 209. Nonappropriated fund instrumentalities.

Sec. 210. Travel card management.

Sec. 211. Use of military child development centers and other programs.

TITLE III—LAW ENFORCEMENT, MARINE SAFETY, AND

ENVIRONMENTAL PROTECTION

Sec. 301. Marking of underwater wrecks.

Sec. 302. Prohibition on operation of certain electronic devices; ports and waterways partnerships and cooperative ventures.

Sec. 303. Reports from charterers.

Sec. 304. Revision of temporary suspension criteria in suspension and revocation

cases.

Sec. 305. Revision of bases for suspension and revocation cases.

Sec. 306. Removal of mandatory revocation for proved drug convictions in suspension and revocation cases.

Sec. 307. Records of merchant mariners’ documents.

Sec. 308. Exemption of unmanned barges from certain citizenship requirements.

Sec. 309. Increase in civil penalties for violations of certain bridge statutes.

Sec. 310. Civil penalties for failure to comply with recreational vessel and associated equipment safety standards.

Sec. 311. Correction to definition of Federal law enforcement agencies in the Enhanced Border Security and Visa Entry Reform Act of 2002.

Sec. 312. Stopping vessels; immunity for firing at or into vessel.

Sec. 313. Use of unexpended funds for bridge alterations under Truman-Hobbs

Act.

Sec. 314. Inland navigation rules promulgation authority.

Sec. 315. Prevention of departure.

Sec. 316. Compliance with international safety management code.

Sec. 317. Amendments to vessel response plan requirements.
†

3

HR 2443 EAS

Sec. 318. Requirements for tank level and pressure monitoring devices.

Sec. 319. Report on implementation of the Oil Pollution Act.

Sec. 320. Loans for fishermen impacted by oil spills.

Sec. 321. Fisheries enforcement plans and reporting.

Sec. 322. Deepwater report.

Sec. 323. Small passenger vessel safety.

Sec. 324. Electronic navigational charting.

Sec. 325. Measures for the protection of North Atlantic Right Whales from ship

strikes.

Sec. 326. Foreign vessel security plans.

TITLE IV—MISCELLANEOUS

Sec. 401. Conveyance of lighthouses.

Sec. 402. LORAN-C.

Sec. 403. Conveyance of decommissioned Coast Guard cutters.

Sec. 404. Koss Cove.

Sec. 405. Declaration of non-navigability for portion of the Wateree River.

Sec. 406. Correction of 2002 coastwise trade authorization provision.

Sec. 407. Innovative construction alternatives.

Sec. 408. Bridge administration.

Sec. 409. National Coast Guard Museum.

1 TITLE I—AUTHORIZATION

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 (a) FISCAL YEAR 2004.—There are authorized to be

4 appropriated for necessary expenses of the Coast Guard for

5 fiscal year 2004 the following amounts:

6 (1) For the operation and maintenance of the

7 Coast Guard, $4,913,000,000, of which $25,000,000

8 shall be derived from the Oil Spill Liability Trust

9 Fund, of which—

10 (A) $70,000,000 shall be available to ana11 lyze port security plans prepared in compliance

12 with chapter 701 of title 46, United States Code;

13 (B)$100,000,000 shall be available for in14 creased operating expenses due to heightened se15 curity efforts; and
†

4

HR 2443 EAS

1 (C) $36,000,000 may be available for use in

2 commissioning 3 additional Marine Safety and

3 Security Teams.

4 (2) For the acquisition, construction, rebuilding,

5 and improvement of aids to navigation, shore and off6 shore facilities, vessels, and aircraft, including equip7 ment related thereto, $1,017,000,000 (of which

8 $20,000,000 shall be derived from the Oil Spill Li9 ability Trust Fund to carry out the purposes of sec10 tion 1012(a)(5) of the Oil Pollution Act of 1990), to

11 remain available until expended, of which—

12 (A) $702,000,000 shall be available for the

13 Coast Guard’s integrated deepwater system;

14 (B) $134,000,000 shall be available for the

15 Coast Guard’s ‘‘Rescue 21’’ program; and

16 (C) $40,000,000 shall be available for the

17 Automatic Identification System.

18 (3) For research, development, test, and evalua19 tion of technologies, materials, and human factors di20 rectly relating to improving the performance of the

21 Coast Guard’s mission in support of search and res22 cue, aids to navigation, marine safety, marine envi23 ronmental protection, enforcement of laws and trea24 ties, ice operations, oceanographic research, and de25 fense readiness, $22,000,000, to remain available
†

5

HR 2443 EAS

1 until expended, of which $3,500,000 shall be derived

2 from the Oil Spill Liability Trust Fund.

3 (4) For retired pay (including the payment of

4 obligations otherwise chargeable to lapsed appropria5 tions for this purpose), payments under the Retired

6 Serviceman’s Family Protection and Survivor Benefit

7 Plans, and payments for medical care of retired per8 sonnel and their dependents under chapter 55 of title

9 10, United States Code, $1,020,000,000, to remain

10 available until expended.

11 (5) For environmental compliance and restora12 tion at Coast Guard facilities (other than parts and

13 equipment associated with operations and mainte14 nance), $17,000,000, to remain available until ex15 pended.

16 (6) For alteration or removal of bridges over

17 navigable waters of the United States constituting ob18 structions to navigation, and for personnel and ad19 ministrative costs associated with the Bridge Alter20 ation Program—

21 (A) $16,000,000, to remain available until

22 expended; and

23 (B) $2,500,000, to remain available until

24 expended, which may be utilized for construction
†

6

HR 2443 EAS

1 of a new Chelsea Street Bridge over the Chelsea

2 River in Boston, Massachusetts.

3 (7) For reserve training, $95,000,000.

4 (b) FISCAL YEAR 2005.—There are authorized to be

5 appropriated for necessary expenses of the Coast Guard for

6 fiscal year 2005 the following amounts.

7 (1) For the operation and maintenance of the

8 Coast Guard, $5,404,300,000, of which $25,000,000

9 shall be derived from the Oil Spill Liability Trust

10 Fund.

11 (2) For the acquisition, construction, rebuilding,

12 and improvement of aids to navigation, shore and off13 shore facilities, vessels, and aircraft, including equip14 ment related thereto, $1,068,000,000 (of which

15 $20,000,000 shall be derived from the Oil Spill Li16 ability Trust Fund to carry out the purposes of sec17 tion 1012(a)(5) of the Oil Pollution Act of 1990), to

18 remain available until expended, of which—

19 (A) $708,000,000 shall be available for the

20 Coast Guard’s Integrated Deepwater System;

21 and

22 (B) $161,000,000 shall be available for the

23 Coast Guard’s Rescue 21 program.

24 (3) For research, development, test, and evalua25 tion of technologies, materials, and human factors di-
†

7

HR 2443 EAS

1 rectly relating to improving the performance of the

2 Coast Guard’s mission in support of search and res3 cue, aids to navigation, marine safety, marine envi4 ronmental protection, enforcement of laws and trea5 ties, ice operations, oceanographic research, and de6 fense readiness, $24,2000,000, to remain available

7 until expended, of which $3,500,000 shall be derived

8 from the Oil Spill Liability Trust Fund.

9 (4) For retired pay (including the payment of

10 obligations otherwise chargeable to lapsed appropria11 tions for this purpose), payments under the Retired

12 Serviceman’s Family Protection and Survivor Benefit

13 Plans, and payments for medical care of retired per14 sonnel and their dependents under chapter 55 of title

15 10, United States Code, $1,122,000,000, to remain

16 available until expended.

17 (5) For environmental compliance and restora18 tion at Coast Guard facilities (other than parts and

19 equipment associated with operations and mainte20 nance), $18,700,000, to remain available until ex21 pended.

22 (6) For alteration or removal of bridges over

23 navigable waters of the United States constituting ob24 structions to navigation, and for personnel and ad-
†

8

HR 2443 EAS

1 ministrative costs associated with the Bridge Alter2 ation Program—

3 (A) $17,850,000, to remain available until

4 expended; and

5 (B) $2,500,000, to remain available until

6 expended, which may be utilized for construction

7 of a new Chelsea Street Bridge over the Chelsea

8 River in Boston, Massachusetts.

9 (7) For reserve training $104,500,000.

10 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

11 AND TRAINING.

12 (a) END-OF-YEAR STRENGTH FOR FISCAL YEAR

13 2004.—The Coast Guard is authorized an end-of-year

14 strength of active duty personnel of 45,500 as of September

15 30, 2004.

16 (b) TRAINING STUDENT LOADS FOR FISCAL YEAR

17 2004.—For fiscal year 2004, the Coast Guard is authorized

18 average military training student loads as follows:

19 (1) For recruit and special training, 2,500 stu20 dent years.

21 (2) For flight training, 125 student years.

22 (3) For professional training in military and ci23 vilian institutions, 350 student years.

24 (4) For officer acquisition, 1,200 student years.
†

9

HR 2443 EAS

1 TITLE II—COAST GUARD PER2 SONNEL, FINANCIAL, AND

3 PROPERTY MANAGEMENT

4 SEC. 201. ENLISTED MEMBER CRITICAL SKILL TRAINING

5 BONUS.

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

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

8 ‘‘§ 374. Critical skill training bonus

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

10 $20,000, to enlisted members who complete training in a

11 skill designated as critical, provided at least four years of

12 obligated active service remain on the member’s enlistment

13 at the time the training is completed. A bonus under this

14 section may be paid in a single lump sum or in periodic

15 installments.

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

17 misconduct does not complete his or her term of obligated

18 active service, the Secretary may require the member to

19 repay the United States, on a pro rata basis, all sums paid

20 under this section. The Secretary shall charge interest on

21 the reimbursed amount at a rate, to be determined quar22 terly, equal to 150 percent of the average of the yields on

23 the 91-day Treasury bills auctioned during the preceding

24 calendar quarter.’’.
†

10

HR 2443 EAS

1 (b) CONFORMING AMENDMENT.—The chapter analysis

2 for chapter 11 of title 14, United States Code, is amended

3 by inserting after the item relating to section 373 the fol4 lowing:

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

5 SEC. 202. AMEND LIMITS TO THE NUMBER OF COM6 MANDERS AND LIEUTENANT COMMANDERS.

7 Section 42 of title 14, United States Code, is amended

8 —

9 (1) by striking ‘‘The’’ in subsection (a) and in10 serting ‘‘Except in time of war or national emergency

11 declared by Congress or the President, the’’;

12 (2) by striking ‘‘6,200.’’ in subsection (a) and

13 inserting ‘‘7,100. In time of war or national emer14 gency, the Secretary shall establish the total number

15 of commissioned officers, excluding commissioned

16 warrant officers, on active duty in the Coast Guard.’’;

17 and

18 (3) by striking ‘‘commander 12.0; lieutenant

19 commander 18.0.’’ in subsection (b) and inserting

20 ‘‘commander 15.0; lieutenant commander 22.0.’’.

21 SEC. 203. EXPANSION OF COAST GUARD HOUSING AU22 THORITIES.

23 (a) DEFINITIONS.—Section 680 of title 14, United

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

11

HR 2443 EAS

1 ‘‘(5) The term ‘eligible entity’ means any private

2 person, corporation, firm, partnership, company,

3 State or local government, or housing authority of a

4 State or local government.’’.

5 (b) DIRECT LOANS AND LOAN GUARANTEES.—Section

6 682 of title 14, United States Code, is amended—

7 (1) by striking the section heading and inserting

8 the following:

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

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

11 subsections (b) and (c), respectively;

12 (3) by inserting before subsection (b), as redesig13 nated, the following:

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

15 Secretary may make direct loans to an eligible entity in

16 order to provide funds to the eligible entity for the acquisi17 tion or construction of housing units that the Secretary de18 termines are suitable for use as military family housing

19 or as military unaccompanied housing.

20 ‘‘(2) The Secretary shall establish such terms and con21 ditions with respect to loans made under this subsection as

22 the Secretary considers appropriate to protect the interests

23 of the United States, including the period and frequency

24 for repayment of such loans and the obligations of the obli25 gors on such loans upon default.’’;
†

12

HR 2443 EAS

1 (4) by striking ‘‘subsection (b),’’ in subsection

2 (b), as redesignated, and inserting ‘‘subsection (c),’’;

3 and

4 (5) by striking the subsection heading for sub5 section (c), as redesignated, and inserting ‘‘(c) DI6 RECT LOANS AND LOAN GUARANTEES.—’’.

7 (c) CONFORMING AMENDMENT.—The chapter analysis

8 for chapter 17 of title 14, United States Code, is amended

9 by striking the item related to section 682 and inserting

10 the following:

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

11 SEC. 204. PROPERTY OWNED BY AUXILIARY UNITS AND

12 DEDICATED SOLELY FOR AUXILIARY USE.

13 Section 821 of title 14, United States Code, is amended

14 by adding at the end the following:

15 ‘‘(d) Subject to the approval of the Commandant:

16 ‘‘(1) The Coast Guard Auxiliary and each orga17 nizational element and unit (whether or not incor18 porated), shall have the power to acquire, own, hold,

19 lease, encumber, mortgage, transfer, and dispose of

20 personal property for the purposes set forth in section

21 822. Personal property owned by the Auxiliary or an

22 Auxiliary unit, or any element thereof, whether or not

23 incorporated, shall at all times be deemed to be prop24 erty of the United States for the purposes of the stat25 utes described in paragraphs (1) through (6) of sub-
†

13

HR 2443 EAS

1 section (b) while such property is being used by or

2 made exclusively available to the Auxiliary as pro3 vided in section 822.

4 ‘‘(2) Personal property owned by the Auxiliary

5 or an Auxiliary unit or any element or unit thereof,

6 shall not be considered property of the United States

7 for any other purpose or under any other provision

8 of law except as provided in sections 821 through 832

9 and section 641 of this title. The necessary expenses

10 of operation, maintenance and repair or replacement

11 of such property may be reimbursed using appro12 priated funds.

13 ‘‘(3) For purposes of this subsection, personal

14 property includes, but is not limited to, motor boats,

15 yachts, aircraft, radio stations, motorized vehicles,

16 trailers, or other equipment.’’.

17 SEC. 205. COAST GUARD AUXILIARY UNITS AS INSTRUMEN18 TALITIES OF THE UNITED STATES FOR TAX19 ATION PURPOSES.

20 Section 821(a) of title 14, United States Code, is

21 amended by inserting ‘‘The Auxiliary and each organiza22 tional element and unit shall be deemed to be instrumental23 ities and political subdivisions of the United States for tax24 ation purposes and for those exemptions as provided under

25 section 107 of title 4.’’ after the second sentence.
†

14

HR 2443 EAS

1 SEC. 206. MAXIMUM AGE FOR RETENTION IN AN ACTIVE

2 STATUS.

3 Section 742 of title 14, United States Code, is

4 amended—

5 (1) by striking ‘‘sixty-two years of age.’’ in sub6 section (a) and inserting ‘‘sixty years of age unless on

7 active duty, other than for training, duty on a board,

8 or duty of a limited or temporary nature if assigned

9 to active duty from an inactive duty status.’’;

10 (2) by redesignating subsections (b) and (c) as

11 subsections (c) and (d), respectively, and inserting

12 after subsection (a) the following:

13 ‘‘(b) A Reserve officer on active duty, other than for

14 training, duty on a board, or duty of a limited or tem15 porary nature if assigned to active duty from an inactive

16 duty status, shall, if qualified, be retired effective upon the

17 day the officer becomes sixty-two years of age. If not quali18 fied for retirement, a Reserve officer on active duty, other

19 than for training, duty on a board, or duty of a limited

20 or temporary nature if assigned to active duty from an in21 active duty status, shall be discharged effective upon the day

22 the officer becomes sixty-two years of age.’’;

23 (3) by striking ‘‘sixty-four’’ in subsection (c), as

24 redesignated, and inserting ‘‘sixty’’;
†

15

HR 2443 EAS

1 (4) by striking ‘‘subsections (a) and (b),’’ in sub2 section (d), as redesignated, and inserting ‘‘sub3 sections (a), (b), and (c),’’; and

4 (5) by striking ‘‘sixty-two’’ in subsection (d), as

5 redesignated, and inserting ‘‘sixty’’.

6 SEC. 207. TERM OF ENLISTMENTS.

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

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

9 years.’’ and inserting ‘‘a period of at least 2 years but not

10 more than 6 years.’’.

11 SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT.

12 The second sentence of section 727 of title 14, United

13 States Code, is amended by striking ‘‘three years’’ and in14 serting ‘‘1 year’s’’.

15 SEC. 209. NONAPPROPRIATED FUND INSTRUMENTALITIES.

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

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

18 ‘‘§ 152. Nonappropriated fund instrumentalities; con19 tracts with other agencies and instrumen20 talities to provide or obtain goods and

21 services

22 ‘‘The Coast Guard Exchange System, or a morale, wel23 fare, and recreation system of the Coast Guard, may enter

24 into a contract or other agreement with any element or in25 strumentality of the Coast Guard or with another Federal
†

16

HR 2443 EAS

1 department, agency, or instrumentality thereof to provide

2 or obtain goods and services beneficial to the efficient man3 agement and operation of the exchange system or that mo4 rale, welfare, and recreation system.’’.

5 (b) CONFORMING AMENDMENT.—The chapter analysis

6 for chapter 7 of title 14, United States Code, is amended

7 by inserting after the item relating to section 151 the fol8 lowing:

‘‘152. Nonappropriated fund instrumentalities; contracts with other agencies and

instrumentalities to provide or obtain goods and services’’.

9 SEC. 210. TRAVEL CARD MANAGEMENT.

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

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

12 ‘‘§ 517. Travel card management

13 ‘‘(a) IN GENERAL.—The Secretary may require that

14 travel or transportation allowances due a civilian employee

15 or military member of the Coast Guard be disbursed di16 rectly to the issuer of a Federal contractor- issued travel

17 charge card, but only in an amount not to exceed the au18 thorized travel expenses charged by that Coast Guard mem19 ber to that travel charge card issued to that employee or

20 member.

21 ‘‘(b) WITHHOLDING OF NONDISPUTED OBLIGA22 TIONS.—The Secretary may also establish requirements

23 similar to those established by the Secretary of Defense pur24 suant to section 2784a of title 10 for deduction or with-
†

17

HR 2443 EAS

1 holding of pay or retired pay from a Coast Guard employee,

2 member, or retired member who is delinquent in payment

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

4 issued and does not dispute the amount of the delin5 quency.’’.

6 (b) CONFORMING AMENDMENT.—The chapter analysis

7 for chapter 13 of title 14, United States Code, is amended

8 by inserting after the item relating to section 516 the fol9 lowing:

‘‘517. Travel card management’’.

10 SEC. 211. USE OF MILITARY CHILD DEVELOPMENT CENTERS

11 AND OTHER PROGRAMS.

12 The Secretary of Defense and the Secretary of the de13 partment in which the Coast Guard is operating, when op14 erating other than as a service in the Navy, may agree to

15 provide child care services to members of the armed forces

16 with or without reimbursement in military child develop17 ment centers and other programs supported in whole or in

18 part with appropriated funds. For purposes of military

19 child development centers and other programs operated

20 under the authority of subchapter II of chapter 88 of title

21 10, United States Code, the child of a Coast Guard member

22 shall be considered the same as the child of a member of

23 any of the other armed forces.
†

18

HR 2443 EAS

1 TITLE III—LAW ENFORCEMENT,

2 MARINE SAFETY, AND ENVI3 RONMENTAL PROTECTION

4 SEC. 301. MARKING OF UNDERWATER WRECKS.

5 Section 15 of the Act of March 3, 1899 (30 Stat. 1152;

6 33 U.S.C. 409) is amended —

7 (1) by striking ‘‘day and a lighted lantern’’ in

8 the second sentence inserting ‘‘day and, unless other9 wise granted a waiver by the Commandant of the

10 Coast Guard, a light’’; and

11 (2) by adding at the end ‘‘The Commandant of

12 the Coast Guard may waive the requirement to mark

13 a wrecked vessel, raft, or other craft with a light at

14 night if the Commandant determines that placing a

15 light would be impractical and granting such a waiv16 er would not create an undue hazard to navigation.’’.

17 SEC. 302. PROHIBITION ON OPERATION OF CERTAIN ELEC18 TRONIC DEVICES; PORTS AND WATERWAYS

19 PARTNERSHIPS AND COOPERATIVE VEN20 TURES.

21 Section 4 of the Ports and Waterways Safety Act (33

22 U.S.C. 1223), is amended—

23 (1) by striking ‘‘and’’ after the semicolon in sub24 section (a)(4)(D);
†

19

HR 2443 EAS

1 (2) by striking ‘‘environment.’’ in subsection

2 (a)(5) and inserting ‘‘environment;’’;

3 (3) by adding at the end of subsection (a) the fol4 lowing:

5 ‘‘(6) may prohibit the use of electronic or other

6 devices that interfere with communications and navi7 gation equipment;

8 ‘‘(7) may carry out the functions under para9 graph (1) of this subsection, at the Secretary’s discre10 tion and on such terms and conditions as the Sec11 retary deems appropriate, either solely, or in coopera12 tion with a public or private agency, authority, asso13 ciation, institution, corporation, organization or per14 son, except that a non-governmental entity may not

15 carry out an inherently governmental function; and

16 ‘‘(8) may, for the purpose of carrying out the

17 Secretary’s functions under paragraph (1) of this sub18 section, convey or lease real property under the ad19 ministrative control of the Coast Guard to public or

20 private agencies, authorities, associations, institu21 tions, corporations, organizations, or persons for such

22 consideration and upon such terms and conditions as

23 the Secretary considers appropriate, except that the

24 term of any such lease shall not exceed 20 years.’’;

25 and
†

20

HR 2443 EAS

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

2 ‘‘(e) SPECIAL PROVISIONS RELATING TO SUBSECTION

3 (a) (7) AND (8).—

4 ‘‘(1) DEFINITION OF INHERENTLY GOVERN5 MENTAL FUNCTION.—For purposes of subsection

6 (a)(7), the term ‘inherently governmental function’

7 means any activity that is so intimately related to

8 the public interest as to mandate performance by an

9 officer or employee of the Federal Government, includ10 ing an activity that requires either the exercise of dis11 cretion in applying the authority of the Government

12 or the use of judgment in making a decision for the

13 Government.

14 ‘‘(2) DISPOSITION OF PROCEEDS FROM CONVEY15 ANCES AND LEASES.—Amounts collected under sub16 section (a)(7) shall be credited to a special fund in the

17 Treasury and ascribed to the Coast Guard. The

18 amounts collected shall be available to the Coast

19 Guard’s ‘Operating Expenses’ account without further

20 appropriation and without fiscal year limitation,

21 and the amounts appropriated from the general fund

22 for that account shall be reduced by the amounts so

23 collected.

24 ‘‘(3) NONAPPLICATION OF CERTAIN ACTS.—A

25 conveyance or lease of real property under subsection
†

21

HR 2443 EAS

1 (a)(8) is not subject to subtitle I of title 40, United

2 States Code, or the Stewart B. McKinney Homeless

3 Assistance Act (42 U.S.C. 11301 et seq.).’’.

4 SEC. 303. REPORTS FROM CHARTERERS.

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

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

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

8 SEC. 304. REVISION OF TEMPORARY SUSPENSION CRITERIA

9 IN SUSPENSION AND REVOCATION CASES.

10 Section 7702(d)(1) of title 46, United States Code, is

11 amended—

12 (1) by striking ‘‘if, when acting under the au13 thority of that license, certificate, or document—’’

14 and inserting ‘‘if—’’;

15 (2) by striking ‘‘has’’ in subparagraph (B)(i)

16 and inserting ‘‘has, while acting under the authority

17 of that license, certificate, or document,’’;

18 (3) by striking ‘‘or’’ at the end of subparagraph

19 (B)(ii);

20 (4) by striking ‘‘1982.’’ in subparagraph (B)(iii)

21 and inserting ‘‘1982; or’’; and

22 (5) by adding at the end of subparagraph (B)

23 the following:

24 ‘‘(iv) is a security risk that poses a threat

25 to the safety or security of a vessel or a public
†

22

HR 2443 EAS

1 or commercial structure located within or adja2 cent to the marine environment.’’.

3 SEC. 305. REVISION OF BASES FOR SUSPENSION AND REV4 OCATION CASES.

5 Section 7703 of title 46, United States Code, is

6 amended—

7 (1) by striking ‘‘incompetence, misconduct, or

8 negligence;’’ in paragraph (1)(B) and insert ‘‘mis9 conduct or negligence;’’;

10 (2) by striking ‘‘or’’ after the semicolon in para11 graph (2);

12 (3) by striking ‘‘note).’’ in paragraph (3) and

13 inserting ‘‘note);’’; and

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

15 ‘‘(4) has committed an act of incompetence relat16 ing to the operation of a vessel, whether or not acting

17 under the authority of that license, certificate, or doc18 ument; or

19 ‘‘(5) is a security risk that poses a threat to the

20 safety or security of a vessel or a public or commer21 cial structure located within or adjacent to the ma22 rine environment.’’.
†

23

HR 2443 EAS

1 SEC. 306. REMOVAL OF MANDATORY REVOCATION FOR

2 PROVED DRUG CONVICTIONS IN SUSPENSION

3 AND REVOCATION CASES.

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

5 amended by inserting ‘‘suspended or’’ after ‘‘shall be’’.

6 SEC. 307. RECORDS OF MERCHANT MARINERS’ DOCU7 MENTS.

8 Section 7319 of title 46, United States Code, is amend9 ed by striking the second sentence.

10 SEC. 308. EXEMPTION OF UNMANNED BARGES FROM CER11 TAIN CITIZENSHIP REQUIREMENTS.

12 (a) Section 12110(d) of title 46, United States Code,

13 is amended by inserting ‘‘or an unmanned barge operating

14 outside of the territorial waters of the United States,’’ after

15 ‘‘recreational endorsement,’’.

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

17 is amended by inserting ‘‘or an unmanned barge operating

18 outside of the territorial waters of the United States,’’ after

19 ‘‘recreational endorsement,’’.

20 SEC. 309. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS

21 OF CERTAIN BRIDGE STATUTES.

22 (a) Section 5(b) of the Bridge Act of 1906 (33 U.S.C.

23 495) is amended by striking ‘‘$1,000.’’ and inserting

24 ‘‘$25,000.’’.

25 (b) Section 5(c) of the Act entitled ‘‘An Act making

26 appropriations for the construction, repair, and preserva-
†

24

HR 2443 EAS

1 tion of certain public works on rivers and harbors, and for

2 other purposes’’, approved August 18, 1894 (33 U.S.C. 499),

3 is amended by striking ‘‘$1,000.’’ and inserting ‘‘$25,000.’’.

4 (c) Section 18(c) of the Act entitled ‘‘An Act making

5 appropriations for the construction, repair, and preserva6 tion of certain public works on rivers and harbors, and for

7 other purposes’’, enacted March 3, 1899 (33 U.S.C. 502)

8 is amended by striking ‘‘$1,000.’’ and inserting ‘‘$25,000.’’.

9 (d) Section 510(b) of the General Bridge Act of 1946

10 (33 U.S.C. 533) is amended by striking ‘‘$1,000.’’ and in11 serting ‘‘$25,000.’’.

12 SEC. 310. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH

13 RECREATIONAL VESSEL AND ASSOCIATED

14 EQUIPMENT SAFETY STANDARDS.

15 Section 4311 of title 46, United States Code, is

16 amended—

17 (1) by striking the first sentence of subsection (b)

18 and inserting ‘‘(1) A person violating section 4307(a)

19 of this title is liable to the United States Government

20 for a civil penalty of not more than $5,000, except

21 that the maximum civil penalty may be not more

22 than $250,000 for a related series of violations.’’;

23 (2) by striking ‘‘4307(a)(1),’’ in the second sen24 tence of subsection (b) and inserting ‘‘4307(a),’’:
†

25

HR 2443 EAS

1 (3) by redesignating paragraphs (1) and (2) of

2 subsection (b) as subparagraphs (A) and (B), respec3 tively;

4 (4) by adding at the end of subsection (b) the fol5 lowing:

6 ‘‘(2) Any person, including, a director, officer, or exec7 utive employee of a corporation, who knowingly and will8 fully violates section 4307(a) of this title, shall be fined not

9 more than $10,000, imprisoned for not more than one year,

10 or both.’’; and

11 (5) by striking ‘‘$1,000.’’ in subsection (c) and

12 inserting ‘‘$5,000.’’.

13 SEC. 311. CORRECTION TO DEFINITION OF FEDERAL LAW

14 ENFORCEMENT AGENCIES IN THE ENHANCED

15 BORDER SECURITY AND VISA ENTRY REFORM

16 ACT OF 2002.

17 Paragraph (4) of section 2 of the Enhanced Border Se18 curity and Visa Entry Reform Act of 2002, Public Law

19 107–173, is amended by striking subparagraph (G) and in20 serting the following:

21 ‘‘(G) The United States Coast Guard.’’.

22 SEC. 312. STOPPING VESSELS; IMMUNITY FOR FIRING AT OR

23 INTO VESSEL.

24 (a) IN GENERAL.—Section 637 of title 14, United

25 States Code, is amended—
†

26

HR 2443 EAS

1 (1) by striking subsection (a) and inserting the

2 following:

3 ‘‘(a) Whenever any vessel liable to seizure or examina4 tion does not stop on being ordered to do so or on being

5 pursued by an authorized vessel or authorized aircraft

6 which has displayed the ensign, pennant, or other identi7 fying insignia prescribed for an authorized vessel or author8 ized aircraft, the person in command or in charge of the

9 authorized vessel or authorized aircraft may, after a gun

10 has been fired by the authorized vessel or authorized aircraft

11 as a warning signal, fire at or into the vessel which does

12 not stop; except that the prior use of the warning signal

13 is not required if its use would unreasonably endanger per14 sons or property in the vicinity of the vessel.’’;

15 (2) by inserting ‘‘or’’ after the semicolon in sub16 section (c)(1);

17 (3) by striking paragraphs (2) and (3) of sub18 section (c) and inserting the following:

19 ‘‘(2) it is a surface naval vessel or military air20 craft on which one or more members of the Coast

21 Guard are assigned pursuant to section 379 of title

22 10.’’; and

23 (4) by striking subsection (d).

24 (b) REPORT.—The Commandant of the Coast Guard

25 shall transmit a report annually to the Senate Committee
†

27

HR 2443 EAS

1 on Commerce, Science, and Transportation and the House

2 of Representatives Committee on Transportation and Infra3 structure describing the location, vessels or aircraft, cir4 cumstances, and consequences of each incident in the 12-

5 month period covered by the report in which the person in

6 command or in charge of an authorized vessel or an author7 ized aircraft (as those terms are used in section 637 of title

8 14, United States Code) fired at or into a vessel without

9 prior use of the warning signal as authorized by that sec10 tion.

11 SEC. 313. USE OF UNEXPENDED FUNDS FOR BRIDGE ALTER12 ATIONS UNDER TRUMAN-HOBBS ACT.

13 Section 8 of the Act of June 21, 1940 (33 U.S.C. 518)

14 is amended—

15 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

16 ‘‘There’’; and

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

18 ‘‘(b) UNEXPENDED FUNDS.—In addition to other uses

19 permitted by law, upon completion of a bridge alteration

20 project, unexpended funds previously appropriated or other21 wise available for the completed project may be used to pay

22 the Federal share of the design and construction costs for

23 other bridge alteration projects authorized under this Act.’’.
†

28

HR 2443 EAS

1 SEC. 314. INLAND NAVIGATION RULES PROMULGATION AU2 THORITY.

3 (a) REPEAL.—Section 2 of the Inland Navigation

4 Rules Act of 1980 (33 U.S.C. 2001) is repealed.

5 (b) INLAND NAVIGATION RULES.—Section 3 of the In6 land Navigation Rules Act of 1980 (33 U.S.C. 2002) is

7 amended to read as follows:

8 ‘‘SEC. 3. INLAND NAVIGATION RULES.

9 ‘‘The Secretary may issue inland navigation regula10 tions applicable to all vessels upon the inland waters of the

11 United States and technical annexes that are as consistent

12 as possible with the respective annexes to the International

13 Regulations.’’.

14 SEC. 315. PREVENTION OF DEPARTURE.

15 Section 3505 of title 46, United States Code, is amend16 ed to read as follows:

17 ‘‘§ 3505. Prevention of departure

18 ‘‘Notwithstanding section 3303(a) of this title, a for19 eign vessel carrying a citizen of the United States as a pas20 senger or embarking passengers from a United States port

21 may not depart from a United States port if the Secretary

22 finds that the vessel does not comply with the standards

23 stated in the International Convention for the Safety of Life

24 at Sea to which the United States Government is currently

25 a party.’’.
†

29

HR 2443 EAS

1 SEC. 316. COMPLIANCE WITH INTERNATIONAL SAFETY MAN2 AGEMENT CODE.

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

4 of title 46, United States Code, is amended to read as fol5 lows:

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

7 to a vessel that—

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

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

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

11 under section 14502 of this title, or an alternate ton12 nage measured under section 14302 of this title as

13 prescribed by the Secretary under section 14104 of

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

15 vessel, high speed freight vessel, or self-propelled mo16 bile offshore drilling unit; and

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

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

19 under the jurisdiction of the United States on a voy20 age, any part of which is on the high seas.’’.

21 (b) COMPLIANCE OF REGULATIONS WITH INTER22 NATIONAL SAFETY MANAGEMENT CODE.—Section 3203(b)

23 of title 46, United States Code, is amended by striking ‘‘ves24 sels engaged on a foreign voyage.’’ and inserting ‘‘vessels

25 to which this chapter applies.’’.
†

30

HR 2443 EAS

1 SEC. 317. AMENDMENTS TO VESSEL RESPONSE PLAN RE2 QUIREMENTS.

3 (a) IN GENERAL.—Section 311(j) of the Federal Water

4 Pollution Control Act (33 U.S.C. 1321(j)) is amended—

5 (1) by striking the caption of paragraph (5) and

6 inserting ‘‘(5) TANK VESSEL, NON-TANK VESSEL, AND

7 FACILITY RESPONSE PLANS.—’’;

8 (2) by adding at the end of paragraph (5)(A)

9 ‘‘The President shall also issue regulations which re10 quire an owner or operator of a non-tank vessel de11 scribed in subparagraph (C) to prepare and submit

12 to the President a plan for responding, to the max13 imum extent practicable, to a worst case discharge,

14 and to a substantial threat of such a discharge, of

15 oil.’’;

16 (3) by striking ‘‘vessels and’’ in paragraph

17 (5)(B) and inserting ‘‘vessels, non-tank vessels, and’’;

18 (4) by redesignating clauses (ii) and (iii) of

19 paragraph (5)(B) as clauses (iii) and (iv), respec20 tively, and inserting after clause (i) the following:

21 ‘‘(ii) A non-tank vessel.’’;

22 (5) by striking ‘‘vessel or’’ in paragraph (5)(D)

23 and inserting ‘‘vessel, a non-tank vessel, or an’’;

24 (6) by inserting ‘‘non-tank vessel,’’ in paragraph

25 (5)(E) after ‘‘vessel,’’ each place it appears;
†

31

HR 2443 EAS

1 (7) by inserting ‘‘ non-tank vessel,’’ in para2 graph (5)(F) after ‘‘vessel,’’;

3 (8) by striking ‘‘vessel or’’ in paragraph (5)(F)

4 and inserting ‘‘vessel, non-tank vessel, or’’;

5 (9) by inserting ‘‘non-tank vessel,’’ in paragraph

6 (5)(G) after ‘‘vessel,’’;

7 (10) by inserting ‘‘and non-tank vessel’’ in para8 graph (5)(H) after ‘‘each tank vessel’’;

9 (11) by striking ‘‘Not later than 2 years after the

10 date of enactment of this section, the President shall

11 require—’’ in paragraph (6) and inserting ‘‘The

12 President shall require—’’;

13 (12) by striking ‘‘cargo’’ in paragraph (6)(B)

14 and inserting ‘‘cargo, and non-tank vessels carrying

15 oil of any kind as fuel for main propulsion,’’; and

16 (13) by striking ‘‘vessel and’’ in paragraph (7)

17 and inserting ‘‘vessel, non-tank vessel, and’’ in para18 graph (7).

19 (b) NON-TANK VESSEL DEFINED.—Section 311(a) of

20 the Federal Water Pollution Control Act (33 U.S.C. 1321)

21 is amended—

22 (1) by striking ‘‘and’’ after the semicolon in

23 paragraph (24)(B);

24 (2) by striking ‘‘threat.’’ in paragraph (25) and

25 inserting ‘‘threat; and’’; and
†

32

HR 2443 EAS

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

2 ‘‘(26) ‘non-tank vessel’ means a self-propelled

3 vessel of 400 gross tons or greater, other than a tank

4 vessel, which carries oil of any kind as fuel for main

5 propulsion and that—

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

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

8 United States.’’.

9 (c) ADDITION OF NOXIOUS LIQUID SUBSTANCES TO

10 THE LIST OF HAZARDOUS SUBSTANCES FOR WHICH THE

11 COAST GUARD MAY REQUIRE A RESPONSE PLAN.—Section

12 311(j)(5) of the Federal Water Pollution Control Act (33

13 U.S.C. 1321(j)(5)) is further amended—

14 (1) by redesignating subparagraphs (B) through

15 (H) as subparagraphs (C) through (I), respectively;

16 (2) by inserting after subparagraph (A) the fol17 lowing:

18 ‘‘(B) The Secretary of the Department in which

19 the Coast Guard is operating may issue regulations

20 which require an owner or operator of a tank vessel,

21 a vessel carrying in bulk noxious liquid substances, or

22 a facility described in subparagraph (C) to prepare

23 and submit to the Secretary a plan for responding, to

24 the maximum extent practicable, to a worst case dis25 charge, and to a substantial threat of such a dis-
†

33

HR 2443 EAS

1 charge, of a noxious liquid substance. For purposes of

2 this paragraph, the term ‘noxious liquid substance’

3 has the same meaning when that term is used in the

4 MARPOL Protocol described in section 2(a)(3) of the

5 Act to Prevent Pollution from Ships (33 U.S.C.

6 1901(a)(3)), and the term ‘carrying in bulk’ means

7 loading or carrying on board a vessel without the ben8 efit of containers or labels and received and handled

9 by carrier without mark or count.’’;

10 (3) by striking ‘‘subparagraph (B)’’ in subpara11 graph (A) and inserting ‘‘subparagraph (C)’’;

12 (4) by striking ‘‘subparagraph (A)’’ in subpara13 graph (C), as redesignated, and inserting ‘‘subpara14 graphs (A) and (B)’’;

15 (5) by striking ‘‘subparagraph (D),’’ in clause (i)

16 of subparagraph (F), as redesignated, and inserting

17 ‘‘subparagraph (E),’’; and

18 (6) by striking subparagraph (G), as redesig19 nated, and inserting the following:

20 ‘‘(G) Notwithstanding subparagraph (F),

21 the President may authorize a tank vessel, non22 tank vessel, offshore facility, or onshore facility

23 that handles, stores, or transports oil to operate

24 without a response plan approved under this

25 paragraph, until not later than 2 years after the
†

34

HR 2443 EAS

1 date of the submission to the President of a plan

2 for the tank vessel, non-tank vessel, or facility, if

3 the owner or operator certifies that the owner or

4 operator has ensured by contract or other means

5 approved by the President the availability of pri6 vate personnel and equipment necessary to re7 spond, to the maximum extent practicable, to a

8 worst case discharge or a substantial threat of

9 such a discharge.’’.

10 SEC. 318. REQUIREMENTS FOR TANK LEVEL AND PRESSURE

11 MONITORING DEVICES.

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

13 U.S.C. 3703 note) is amended—

14 (1) by striking ‘‘shall’’ each place it appears and

15 inserting ‘‘may’’; and

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

17 ‘‘(c) STUDY.—(1) The Secretary of the Department in

18 which the Coast Guard is operating shall conduct a study

19 analyzing the costs and benefits of methods other than those

20 described in subsections (a) and (b) for effectively detecting

21 the loss of oil from oil cargo tanks. The study may include

22 technologies, monitoring procedures, and other methods.

23 ‘‘(2) In conducting the study, the Secretary may seek

24 input from Federal agencies, industry, and other entities.
†

35

HR 2443 EAS

1 ‘‘(3) The Secretary shall provide the study to the Sen2 ate Committee on Commerce, Science, and Transportation

3 and the House of Representatives Committee on Transpor4 tation and Infrastructure not later than 180 days after the

5 date of enactment of this Act.’’.

6 SEC. 319. REPORT ON IMPLEMENTATION OF THE OIL POL7 LUTION ACT.

8 (a) IN GENERAL.—No later than 180 days of enact9 ment of this Act, the Coast Guard shall provide a written

10 report to the Senate Committee on Commerce, Science, and

11 Transportation and the House of Representatives Com12 mittee on Transportation and Infrastructure with respect

13 to issues related to implementation of the Oil Pollution Act

14 of 1990 (33 U.S.C. 2701 et seq.).

15 (b) SCOPE.—The report shall include the following:

16 (1) The status of the levels of funds currently in

17 the Oil Spill Liability Trust Fund and projections for

18 levels of funds over the next 5 years.

19 (2) The domestic and international implications

20 of changing the phase-out date for single hull vessels

21 pursuant to section 3703a of title 46, United States

22 Code, from 2015 to 2010.

23 (3) The costs and benefits of requiring vessel

24 monitoring systems on tank vessels used to transport
†

36

HR 2443 EAS

1 oil or other hazardous cargo, and from using addi2 tional aids to navigation, such as RACONs.

3 (4) A summary of the extent to which the re4 sponse costs and damages for oil spill incidents have

5 exceeded the liability limits established in section

6 1004 of the Oil Pollution Act of 1990 (33 U.S.C.

7 2704), and a description of the steps that the Coast

8 Guard has taken or plans to take to implement sub9 section (d)(4) of that Act (33 U.S.C. 2704(d)(4)).

10 (5) A summary of manning, inspection, and

11 other safety issues for tank barges and towing vessels

12 used in connection with them, including—

13 (A) a description of applicable Federal reg14 ulations, guidelines, and other policies;

15 (B) a record of infractions of applicable re16 quirements described in subparagraph (A) over

17 the past 10 years;

18 (C) an analysis of oil spill data over the

19 past 10 years, comparing the number and size of

20 oil spills from tank barges with those from tank21 er vessels of a similar size; and

22 (D) recommendations on areas of possible

23 improvements to existing regulations, guidelines

24 and policies with respect to tank barges and tow25 ing vessels.
†

37

HR 2443 EAS

1 SEC. 320. LOANS FOR FISHERMEN IMPACTED BY OIL

2 SPILLS.

3 (a) INTEREST; PARTIAL PAYMENT OF CLAIMS.—Sec4 tion 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713)

5 is amended by adding at the end the following:

6 ‘‘(f) LOAN PROGRAM.—

7 ‘‘(1) IN GENERAL.—The President shall establish

8 a loan program under the Fund to provide interim

9 assistance to fishermen and aquaculture producer

10 claimants during the claims procedure.

11 ‘‘(2) ELIGIBILITY FOR LOAN.—A loan may be

12 made under paragraph (1) only to a fisherman or

13 aquaculture producer that—

14 ‘‘(A) has incurred damages for which claims

15 are authorized under section 1002;

16 ‘‘(B) has made a claim pursuant to this sec17 tion that is pending; and

18 ‘‘(C) has not received an interim payment

19 under section 1005(a) for the amount of the

20 claim, or part thereof, that is pending.

21 ‘‘(3) TERMS AND CONDITIONS OF LOANS.—A

22 loan awarded under paragraph (1)—

23 ‘‘(A) shall have flexible terms, as determined

24 by the President;

25 ‘‘(B) shall be for a period ending on the

26 later of—
†

38

HR 2443 EAS

1 ‘‘(i) the date that is 5 years after the

2 date on which the loan is made; or

3 ‘‘(ii) the date on which the fisherman

4 or aquaculture producer receives payment

5 for the claim to which the loan relates

6 under the procedure established by sub7 sections (a) through (e) of this section; and

8 ‘‘(C) shall be at a low interest rate, as de9 termined by the President.’’.

10 (b) USES OF THE FUND.—Section 1012(a) of the Oil

11 Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended—

12 (1) by striking ‘‘Act.’’ in paragraph (5)(C) and

13 inserting ‘‘Act; and’’; and

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

15 ‘‘(6) the making of loans pursuant to the pro16 gram established under section 1013(f).’’.

17 (c) STUDY.—Not later than 270 days after the date

18 of enactment of this Act, the Secretary of Commerce, in con19 sultation with the Administrator of the Environmental Pro20 tection Agency, shall submit to Congress a study that

21 contains—

22 (1) an assessment of the effectiveness of the

23 claims procedures and emergency response programs

24 under the Oil Pollution Act of 1990 (33 U.S.C. 2701

25 et seq.) concerning claims filed by, and emergency re-
†

39

HR 2443 EAS

1 sponses carried out to protect the interests of, fisher2 men and aquaculture producers; and

3 (2) any legislative or other recommendations to

4 improve the procedures and programs referred to in

5 paragraph (1).

6 SEC. 321. FISHERIES ENFORCEMENT PLANS AND REPORT7 ING.

8 (a) FISHERIES ENFORCEMENT PLANS.—The Coast

9 Guard and the National Oceanic and Atmospheric Admin10 istration shall, to the maximum extent possible, consult

11 with each other and with State and local enforcement au12 thorities in preparing their annual fisheries enforcement

13 plans.

14 (b) FISHERY PATROLS.—Prior to undertaking fish15 eries patrols, the Coast Guard and the National Oceanic

16 and Atmospheric Administration shall, to the maximum ex17 tent possible, provide to each other and to appropriate State

18 and local enforcement authorities their intentions and pro19 jected dates for such patrols.

20 (c) ANNUAL SUMMARY.—The Coast Guard and Na21 tional Oceanic and Atmospheric Administration shall pre22 pare and make available to each other, State and local en23 forcement entities, and other relevant stakeholders, an an24 nual summary report of fisheries enforcement activities for

25 the preceding year, including a summary of the number of
†

40

HR 2443 EAS

1 patrols, law enforcement actions taken, and resource hours

2 expended.

3 SEC. 322. DEEPWATER REPORT.

4 No later than 180 days after enactment of this Act,

5 the Coast Guard shall provide a written report to the Senate

6 Committee on Commerce, Science, and Transportation and

7 the House of Representatives Committee on Transportation

8 and Infrastructure with respect to performance under the

9 first term of the Integrated Deepwater System contract. The

10 report shall include an analysis of how well the prime con11 tractor has met the two key performance goals of oper12 ational effectiveness and minimizing total ownership costs.

13 The report shall include a description of the measures im14 plemented by the prime contractor to meet these goals and

15 how these measures have been or will be applied for sub16 contracts awarded during the 5-year term of the contract,

17 as well as criteria used by the Coast Guard to assess the

18 contractor’s performance against these goals. To the extent

19 available, the report shall include performance and cost

20 comparisons of alternatives examined in implementing the

21 contract.

22 SEC. 323. SMALL PASSENGER VESSEL SAFETY.

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

24 date of the enactment of this Act, the Secretary of the De25 partment in which the Coast Guard is operating shall re-
†

41

HR 2443 EAS

1 port to the Congress regarding the enforcement efforts and

2 degree of compliance regarding the 1996 amendments to the

3 Small Passenger Vessel Regulations (title 46, Code of Fed4 eral Regulations, part 185) requiring the master of a small

5 passenger vessel to require passengers to don life jackets

6 when possible hazardous conditions exist including—

7 (1) transiting hazardous bars or inlets;

8 (2) during severe weather;

9 (3) in the event of flooding, fire, or other events

10 that may possibly call for evacuation; and

11 (4) when the vessel is being towed, except a non12 self-propelled vessel under normal operating condi13 tions.

14 (b) CONTENTS.—The report under this section shall

15 include—

16 (1) a section regarding the enforcement efforts

17 the Coast Guard has undertaken to enforce these regu18 lations;

19 (2) a section detailing compliance with these reg20 ulations, to include the number of vessels and masters

21 cited for violations of these regulations for fiscal years

22 1998 through 2003;

23 (3) a section detailing the number and types of

24 marine casualties for fiscal years 1998 through 2003
†

42

HR 2443 EAS

1 which have been related wholly or in part to viola2 tions of these regulations; and

3 (4) a section providing recommendation on im4 proving compliance with, and possible modifications

5 to, these regulations.

6 SEC. 324. ELECTRONIC NAVIGATIONAL CHARTING.

7 The Commandant of the Coast Guard, in consultation

8 with the Administrator of the National Oceanic and Atmos9 pheric Administration, shall provide a written report to the

10 Senate Committee on Commerce, Science, and Transpor11 tation, and to the House of Representatives Committee on

12 Transportation and Infrastructure no later than 180 days

13 after the date of enactment of this Act with respect to elec14 tronic navigational charts. The report shall include—

15 (1) the costs for the National Oceanic and At16 mospheric Administration to complete the suite of

17 electronic navigational charts;

18 (2) the costs and benefits of a United States re19 quirement of electronic navigation systems on vessels;

20 and

21 (3) a description of international standards and

22 requirements that already exist or are being developed

23 for the use of electronic navigation systems.
†

43

HR 2443 EAS

1 SEC. 325. MEASURES FOR THE PROTECTION OF NORTH AT2 LANTIC RIGHT WHALES FROM SHIP STRIKES.

3 (a) Within 120 days of enactment of this Act, the Sec4 retary shall initiate studies to examine options for mini5 mizing vessel strikes of North Atlantic Right Whales in the

6 access of ports which the Secretary, in consultation with

7 the Administrator of the National Oceanic and Atmospheric

8 Administration, has determined—based on a review of past

9 incidents of vessel strikes as well as available scientific,

10 navigation, and other data—pose a substantial risk of ves11 sel strikes of North Atlantic Right Whales. Such studies

12 shall examine measures identified in consultation with the

13 Administrator, including vessel routing, reporting and/or

14 speed measures, that would minimize vessel strikes of North

15 Atlantic Right Whales.

16 (b) Within 18 months of enactment of this Act, the Sec17 retary of Homeland Security shall, in consultation with

18 Administrator of the National Oceanic and Atmospheric

19 Administration, provide a report to the Senate Committee

20 on Commerce, Science, and Transportation and the House

21 of Representatives Committee on Transportation and Infra22 structure on the results of the studies referred to in para23 graph (a), including—

24 (1) a discussion of the effectiveness of the meas25 ures studied in reducing ship strikes of North Atlantic

26 Right Whales;
†

44

HR 2443 EAS

1 (2) a summary of available analyses regarding

2 potential costs of such measures including regional

3 economic impacts;

4 (3) the extent to which statutory authority cur5 rently exists for the Coast Guard to implement these

6 and other similar measures; and

7 (4) in consultation with the Administrator and

8 the Secretary of State, a discussion of the national

9 and international legal bases for implementation of

10 such measures.

11 SEC. 326. FOREIGN VESSEL SECURITY PLANS.

12 Section 70103 of title 46, United States Code, is

13 amended by adding new paragraphs (c)(8) and (c)(9) to

14 read as follows:

15 ‘‘(8) A foreign vessel destined for, arriving at, or

16 departing from a port or place subject to the jurisdic17 tion of the United States is deemed in compliance

18 with this section if—

19 ‘‘(A) the vessel has in effect a security plan

20 approved pursuant to the International Conven21 tion for the Safety of Life at Sea, 1974,

22 (SOLAS) Chapter XI–2 and the International

23 Ship and Port Facility Security Code (ISPS

24 Code); and
†

45

HR 2443 EAS

1 ‘‘(B) the vessel operates in compliance with

2 its approved plan, SOLAS Chapter XI–2, and

3 the ISPS Code.

4 ‘‘(9) The Secretary shall, consistent with inter5 national treaties, conventions, and agreements to

6 which the United States is a party, establish proce7 dures, measures, and standards to assure foreign ves8 sels destined for, arriving at, or departing from a

9 port or place subject to the jurisdiction of the United

10 States comply with vessel security requirements under

11 SOLAS, the ISPS Code, this chapter, and regulations

12 issued under this chapter, including—

13 ‘‘(A) an effective port state control program

14 that identifies foreign vessels for examination

15 based on each vessel’s operating history, owner or

16 operator, vessel type, and such other factors as

17 the Secretary determines to be appropriate;

18 ‘‘(B) examination of a vessel and its cargo,

19 passengers, and crew;

20 ‘‘(C) examination of a vessel’s security ar21 rangements;

22 ‘‘(D) procedures to ensure shipboard per23 sonnel understand their security responsibilities

24 and have the knowledge and ability to perform
†

46

HR 2443 EAS

1 their assigned duties under a vessel’s approved

2 security plan, SOLAS, and the ISPS Code;

3 ‘‘(E) a detailed examination of a vessel’s

4 approved security plan;

5 ‘‘(F) restrictions on a vessel’s operations or

6 movements;

7 ‘‘(G) denial of entry into port; and

8 ‘‘(H) such other measures that the Secretary

9 determines are necessary to deter a transpor10 tation security incident to the maximum extent

11 practicable and to protect the safety and security

12 of United States ports, persons, vessels, facilities,

13 and other property.’’.

14 TITLE IV—MISCELLANEOUS

15 SEC. 401. CONVEYANCE OF LIGHTHOUSES.

16 Section 308(c) of the National Historic Lighthouse

17 Preservation Act of 2000 (16 U.S.C. 470w–7(c)) is amended

18 by adding at the end the following:

19 ‘‘(4) LIGHTHOUSES ORIGINALLY CONVEYED UNDER

20 OTHER AUTHORITY.—Upon receiving notice of an executed

21 or intended conveyance by sale, gift, or any other manner

22 of a lighthouse conveyed under authority other than this

23 Act, the Secretary shall review the executed or proposed con24 veyance to ensure that any new owner will comply with

25 any and all conditions of the original conveyance. If the
†

47

HR 2443 EAS

1 Secretary determines that the new owner has not or is un2 able to comply with those conditions the Secretary shall im3 mediately invoke any reversionary interest or take such

4 other action as may be necessary to protect the interests

5 of the United States.’’.

6 SEC. 402. LORAN-C.

7 There are authorized to be appropriated to the Depart8 ment of Transportation, in addition to funds authorized for

9 the Coast Guard for operation of the LORAN-C system, for

10 capital expenses related to LORAN-C navigation infra11 structure, $25,000,000 for each of fiscal years 2004 and

12 2005. The Secretary of Transportation may transfer from

13 the Federal Aviation Administration and other agencies of

14 the Department funds appropriated as authorized under

15 this section in order to reimburse the Coast Guard for re16 lated expenses.

17 SEC. 403. CONVEYANCE OF DECOMMISSIONED COAST

18 GUARD CUTTERS.

19 (a) IN GENERAL.—The Commandant of the Coast

20 Guard may convey all right, title, and interest of the United

21 States in and to a vessel described in subsection (b) to the

22 person designated in subsection (b) with respect to the vessel

23 (in this section referred to as the ‘recipient’), without con24 sideration, if the person complies with the conditions under

25 subsection (c).
†

48

HR 2443 EAS

1 (b) VESSELS DESCRIBED.—The vessels referred to in

2 subsection (a) are the following:

3 (1) The Coast Guard Cutter BRAMBLE, to be

4 conveyed to the Port Huron Museum of Arts and His5 tory (a nonprofit corporation under the laws of the

6 State of Michigan), located in Port Huron, Michigan.

7 (2) The Coast Guard Cutter PLANETREE, to be

8 conveyed to Jewish Life (a nonprofit corporation

9 under the laws of the State of California), located in

10 Sherman Oaks, California.

11 (3) The Coast Guard Cutter SUNDEW, to be

12 conveyed to Duluth Entertainment and Convention

13 Center Authority (a nonprofit corporation under the

14 laws of the State of Minnesota), located in Duluth,

15 Minnesota.

16 (c) CONDITIONS.—As a condition of any conveyance

17 of a vessel under subsection (a), the Commandant shall re18 quire the recipient—

19 (1) to agree—

20 (A) to use the vessel for purposes of edu21 cation and historical display;

22 (B) not to use the vessel for commercial

23 transportation purposes;

24 (C) to make the vessel available to the

25 United States Government if needed for use by
†

49

HR 2443 EAS

1 the Commandant in time of war or a national

2 emergency; and

3 (D) to hold the Government harmless for

4 any claims arising from exposure to hazardous

5 materials, including asbestos and poly6 chlorinated biphenyls (PCBs), after conveyance

7 of the vessel, except for claims arising from use

8 of the vessel by the Government under subpara9 graph (C);

10 (2) to have funds available that will be com11 mitted to operate and maintain the vessel conveyed in

12 good working condition—

13 (A) in the form of cash, liquid assets, or a

14 written loan commitment; and

15 (B) in an amount of at least $700,000; and

16 (3) to agree to any other conditions the Com17 mandant considers appropriate.

18 (d) MAINTENANCE AND DELIVERY OF VESSEL.—Prior

19 to conveyance of a vessel under this section, the Com20 mandant may, to the extent practical, and subject to other

21 Coast Guard mission requirements, make every effort to

22 maintain the integrity of the vessel and its equipment until

23 the time of delivery. The Commandant shall deliver a vessel

24 conveyed under this section at the place where the vessel

25 is located, in its present condition, and without cost to the
†

50

HR 2443 EAS

1 Government. The conveyance of a vessel under this section

2 shall not be considered a distribution in commerce for pur3 poses of section 6(e) of the Toxic Substances Control Act

4 (15 U.S.C. 2605(e)).

5 (e) OTHER EXCESS EQUIPMENT.—The Commandant

6 may convey to the recipient of a vessel under this section

7 any excess equipment or parts from other decommissioned

8 Coast Guard vessels for use to enhance the vessel’s oper9 ability and function as an historical display.

10 SEC. 404. KOSS COVE.

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law or existing policy, the cove described in sub13 section (b) shall be known and designated as ‘‘Koss Cove’’,

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

15 of the National Oceanic and Atmospheric Administration

16 vessel RAINER who died in the performance of a nautical

17 charting mission off the coast of Alaska.

18 (b) COVE DESCRIBED.—The cove referred to in sub19 section (a) is—

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

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

22 Elrington Island;

23 (2) 3/4 mile across the mouth;

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

25 148 degrees 14 minutes West; and
†

51

HR 2443 EAS

1 (4) 45 miles from Seaward, Alaska.

2 (c) REFERENCES.—Any reference in any law, regula3 tion, document, record, map, or other paper of the United

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

5 be a reference to Koss Cove.

6 SEC. 405. DECLARATION OF NON-NAVIGABILITY FOR POR7 TION OF THE WATEREE RIVER.

8 For purposes of bridge administration, the portion of

9 the Wateree River, in the State of South Carolina, 100 feet

10 upstream and downstream of the railroad bridge at ap11 proximately mile marker 10.0, is declared to not be navi12 gable waters of the United States for purposes of the General

13 Bridge Act of 1946 (33 U.S.C. 525 et seq.).

14 SEC. 406. CORRECTION OF 2002 COASTWISE TRADE AU15 THORIZATION PROVISION.

16 Section 213(b) of the Maritime Policy Improvement

17 Act of 2002 is amended by striking ‘‘transport and launch’’

18 and inserting ‘‘transport or launch’’.

19 SEC. 407. INNOVATIVE CONSTRUCTION ALTERNATIVES.

20 The Commandant of the Coast Guard may consult

21 with the Office of Naval Research and other Federal agen22 cies with research and development programs that may pro23 vide innovative construction alternatives for the Integrated

24 Deepwater System.
†

52

HR 2443 EAS

1 SEC. 408. BRIDGE ADMINISTRATION.

2 Section 325(b) of the Department of Transportation

3 and Related Agencies Appropriations Act, 1983 (Pub. L.

4 97–369; 96 Stat. 1765) is amended by striking ‘‘provides

5 at least thirty feet of vertical clearance Columbia River

6 datum and at least eighty feet of horizontal clearance, as’’

7 and inserting ‘‘is so’’.

8 SEC. 409. NATIONAL COAST GUARD MUSEUM.

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

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

11 ‘‘§ 98. National Coast Guard Museum

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

13 Coast Guard may establish a new National Coast Guard

14 Museum on Federal lands administered by the Coast Guard

15 at a location specified by the Commandant.

16 ‘‘(b) FUNDING.—The National Coast Guard Museum

17 should be supported with nonappropriated Federal funds

18 or nonfederal funds to the maximum extent practicable and

19 that the priority for appropriated funds should be to pre20 serve and protect historic Coast Guard artifacts and to pro21 mote the purposes of the National Historic Preservation Act

22 (16 U.S.C. 470 et seq.).

23 ‘‘(c) LOCATION.—The National Coast Guard Museum

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

25 Academy in New London, Connecticut or at a location with

26 a comparable historic connection to the Coast Guard that
†

53

HR 2443 EAS

1 will similarly enhance the public’s knowledge and apprecia2 tion of the Coast Guard’s maritime history.

3 ‘‘(d) FUNDING PLAN.—Before the date on which the

4 Commandant establishes a museum under subsection (a),

5 the Commandant shall provide to the Committees on Com6 merce of the Senate and on Transportation and Infrastruc7 ture of the House of Representatives a plan for constructing,

8 operating and maintaining such a museum, including—

9 ‘‘(1) estimated planning, engineering, design,

10 construction, operation, and maintenance costs;

11 ‘‘(2) the extent to which appropriated, non12 appropriated, and nonfederal funds would be used for

13 such purposes; and

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

15 the Department in which the Coast Guard is oper16 ating that the estimates provided pursuant to para17 graphs (1) and (2) are reasonable and realistic.’’.

18 (b) CLERICAL AMENDMENT.—The chapter analysis for

19 chapter 5 of title 14, United States Code, is amended by

20 adding at the end the following:

‘‘98. National Coast Guard Museum.’’.
†

54

HR 2443 EAS

Amend the title so as to read: ‘‘An Act to authorize

appropriations for fiscal years 2004 and 2005 for the

United States Coast Guard, and for other purposes.’’.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 2443

AMENDMENTS