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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Enrolled Bill (ENR)]

        H.R.2443

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
 An Act to authorize appropriations for the Coast Guard for fiscal year 
  2005, to amend various laws administered by the Coast Guard, and for 
                             other purposes.

    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 2004''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--AUTHORIZATION

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

                    TITLE II--COAST GUARD MANAGEMENT

Sec. 201. Long-term leases.
Sec. 202. Nonappropriated fund instrumentalities.
Sec. 203. Term of enlistments.
Sec. 204. Enlisted member critical skill training bonus.
Sec. 205. Indemnity for disabling vessels liable to seizure or 
          examination.
Sec. 206. Administrative, collection, and enforcement costs for certain 
          fees and charges.
Sec. 207. Expansion of Coast Guard housing authorities.
Sec. 208. Requirement for constructive credit.
Sec. 209. Maximum ages for retention in an active status.
Sec. 210. Travel card management.
Sec. 211. Coast Guard fellows and detailees.
Sec. 212. Long-term lease of special use real property.
Sec. 213. National Coast Guard Museum.
Sec. 214. Limitation on number of commissioned officers.
Sec. 215. Redistricting notification requirement.
Sec. 216. Report on shock mitigation standards.
Sec. 217. Recommendations to Congress by Commandant of the Coast Guard.
Sec. 218. Coast Guard education loan repayment program.
Sec. 219. Contingent expenses.
Sec. 220. Reserve admirals.
Sec. 221. Confidential investigative expenses.
Sec. 222. Innovative construction alternatives.
Sec. 223. Delegation of port security authority.
Sec. 224. Fisheries enforcement plans and reporting.
Sec. 225. Use of Coast Guard and military child development centers.
Sec. 226. Treatment of property owned by auxiliary units and dedicated 
          solely for auxiliary use.

                          TITLE III--NAVIGATION

Sec. 301. Marking of underwater wrecks.
Sec. 302. Use of electronic devices; cooperative agreements.
Sec. 303. Inland navigation rules promulgation authority.
Sec. 304. Saint Lawrence Seaway.

                           TITLE IV--SHIPPING

Sec. 401. Reports from charterers.
Sec. 402. Removal of mandatory revocation for proved drug convictions in 
          suspension and revocation cases.
Sec. 403. Records of merchant mariners' documents.
Sec. 404. Exemption of unmanned barges from certain citizenship 
          requirements.
Sec. 405. Compliance with International Safety Management Code.
Sec. 406. Penalties.
Sec. 407. Revision of temporary suspension criteria in document 
          suspension and revocation cases.
Sec. 408. Revision of bases for document suspension and revocation 
          cases.
Sec. 409. Hours of service on towing vessels.
Sec. 410. Electronic charts.
Sec. 411. Prevention of departure.
Sec. 412. Service of foreign nationals for maritime educational 
          purposes.
Sec. 413. Classification societies.
Sec. 414. Drug testing reporting.
Sec. 415. Inspection of towing vessels.
Sec. 416. Potable water.
Sec. 417. Transportation of platform jackets.
Sec. 418. Renewal of advisory groups.

                  TITLE V--FEDERAL MARITIME COMMISSION

Sec. 501. Authorization of appropriations for Federal Maritime 
          Commission.
Sec. 502. Report on ocean shipping information gathering efforts.

                         TITLE VI--MISCELLANEOUS

Sec. 601. Increase in civil penalties for violations of certain bridge 
          statutes.
Sec. 602. Conveyance of decommissioned Coast Guard cutters.
Sec. 603. Tonnage measurement.
Sec. 604. Operation of vessel STAD AMSTERDAM.
Sec. 605. Great Lakes National Maritime Enhancement Institute.
Sec. 606. Koss Cove.
Sec. 607. Miscellaneous certificates of documentation.
Sec. 608. Requirements for coastwise endorsement.
Sec. 609. Correction of references to National Driver Register.
Sec. 610. Wateree River.
Sec. 611. Merchant mariners' documents pilot program.
Sec. 612. Conveyance.
Sec. 613. Bridge administration.
Sec. 614. Sense of Congress regarding carbon monoxide and watercraft.
Sec. 615. Mitigation of penalty due to avoidance of a certain condition.
Sec. 616. Certain vessels to be tour vessels.
Sec. 617. Sense of Congress regarding timely review and adjustment of 
          Great Lakes pilotage rates.
Sec. 618. Westlake chemical barge documentation.
Sec. 619. Correction to definition.
Sec. 620. LORAN-C.
Sec. 621. Deepwater report.
Sec. 622. Judicial review of National Transportation Safety Board final 
          orders.
Sec. 623. Interim authority for dry bulk cargo residue disposal.
Sec. 624. Small passenger vessel report.
Sec. 625. Conveyance of motor lifeboat.
Sec. 626. Study on routing measures.
Sec. 627. Conveyance of light stations.
Sec. 628. Waiver.
Sec. 629. Approval of modular accommodation units for living quarters.

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

Sec. 701. Vessel response plans for nontank vessels over 400 gross tons.
Sec. 702. Requirements for tank level and pressure monitoring devices.
Sec. 703. Liability and cost recovery.
Sec. 704. Oil Spill Recovery Institute.
Sec. 705. Alternatives.
Sec. 706. Authority to settle.
Sec. 707. Report on implementation of the Oil Pollution Act of 1990.
Sec. 708. Loans for fishermen and aquaculture producers impacted by oil 
          spills.

              TITLE VIII--MARITIME TRANSPORTATION SECURITY

Sec. 801. Enforcement.
Sec. 802. In rem liability for civil penalties and costs.
Sec. 803. Maritime information.
Sec. 804. Maritime transportation security grants.
Sec. 805. Security assessment of waters under the jurisdiction of the 
          United States.
Sec. 806. Membership of Area Maritime Security Advisory Committees.
Sec. 807. Joint operational centers for port security.
Sec. 808. Investigations.
Sec. 809. Vessel and intermodal security reports.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for fiscal year 2005 for 
necessary expenses of the Coast Guard as follows:
        (1) For the operation and maintenance of the Coast Guard, 
    $5,404,300,000, of which $25,000,000 is authorized to be derived 
    from the Oil Spill Liability Trust Fund to carry out the purposes 
    of section 1012(a)(5) of the Oil Pollution Act of 1990.
        (2) For the acquisition, construction, rebuilding, and 
    improvement of aids to navigation, shore and offshore facilities, 
    vessels, and aircraft, including equipment related thereto, 
    $1,500,000,000, of which--
            (A) $23,500,000 shall be derived from the Oil Spill 
        Liability Trust Fund to carry out the purposes of section 
        1012(a)(5) of the Oil Pollution Act of 1990), to remain 
        available until expended;
            (B) $1,100,000,000 is authorized for acquisition and 
        construction of shore and offshore facilities, vessels, and 
        aircraft, including equipment related thereto, and other 
        activities that constitute the Integrated Deepwater System; and
            (C) $161,000,000 shall be available for Rescue 21.
        (3) For research, development, test, and evaluation of 
    technologies, materials, and human factors directly relating to 
    improving the performance of the Coast Guard's mission in search 
    and rescue, aids to navigation, marine safety, marine environmental 
    protection, enforcement of laws and treaties, ice operations, 
    oceanographic research, and defense readiness, $24,200,000, to 
    remain available until expended, of which $3,500,000 shall be 
    derived from the Oil Spill Liability Trust Fund to carry out the 
    purposes of section 1012(a)(5) of the Oil Pollution Act of 1990.
        (4) For retired pay (including the payment of obligations 
    otherwise chargeable to lapsed appropriations for this purpose), 
    payments under the Retired Serviceman's Family Protection and 
    Survivor Benefit Plans, and payments for medical care of retired 
    personnel and their dependents under chapter 55 of title 10, United 
    States Code, $1,085,460,000, to remain available until expended.
        (5) For alteration or removal of bridges over navigable waters 
    of the United States constituting obstructions to navigation, and 
    for personnel and administrative costs associated with the Bridge 
    Alteration Program, $19,650,000, of which--
            (A) $17,150,000, to remain available until expended; and
            (B) $2,500,000, to remain available until expended, which 
        may be utilized for construction of a new Chelsea Street Bridge 
        over the Chelsea River in Boston, Massachusetts.
        (6) For environmental compliance and restoration at Coast Guard 
    facilities (other than parts and equipment associated with 
    operation and maintenance), $17,000,000, to remain available until 
    expended.
        (7) For maintenance and operation of facilities, supplies, 
    equipments, and services necessary for the Coast Guard Reserve, as 
    authorized by law, $117,000,000.

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

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 for the years ending 
on September 30, 2004, and September 30, 2005.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
        (1) For recruit and special training for fiscal year 2005, 
    2,500 student years.
        (2) For flight training for fiscal year 2005, 125 student 
    years.
        (3) For professional training in military and civilian 
    institutions for fiscal year 2005, 350 student years.
        (4) For officer acquisition for fiscal year 2005, 1,200 student 
    years.

                    TITLE II--COAST GUARD MANAGEMENT

SEC. 201. LONG-TERM LEASES.

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

SEC. 202. NONAPPROPRIATED FUND INSTRUMENTALITIES.

    (a) In General.--Chapter 7 of title 14, United States Code, is 
amended by adding at the end the following:

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

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

SEC. 203. TERM OF ENLISTMENTS.

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

SEC. 204. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 373 the following:

``Sec. 374. Critical skill training bonus

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

SEC. 205. INDEMNITY FOR DISABLING VESSELS LIABLE TO SEIZURE OR 
              EXAMINATION.

    (a) Repeal of Requirement To Fire Warning Shot.--Subsection (a) of 
section 637 of title 14, United States Code, is amended--
        (1) by inserting ``(1)'' after ``(a)'';
        (2) by striking ``after a'' and all that follows through 
    ``signal,'' and inserting ``subject to paragraph (2),''; and
        (3) by adding at the end the following:
    ``(2) Before firing at or into a vessel as authorized in paragraph 
(1), the person in command or in charge of the authorized vessel or 
authorized aircraft shall fire a gun as a warning signal, except that 
the prior firing of a gun as a warning signal is not required if that 
person determines that the firing of a warning signal would 
unreasonably endanger persons or property in the vicinity of the vessel 
to be stopped.''.
    (b) Extension to Military Aircraft of Coast Guard Interdiction 
Authority.--Subsection (c) of such section is amended--
        (1) in paragraph (1) by inserting ``or'' after the semicolon; 
    and
        (2) in paragraph (2) by--
            (A) inserting ``or military aircraft'' after ``surface 
        naval vessel''; and
            (B) striking ``; or'' and all that follows through 
        paragraph (3) and inserting a period.
    (c) Repeal of Termination of Applicability to Naval Aircraft.--
Subsection (d) of such section is repealed.
    (d) Report.--The Commandant of the Coast Guard shall transmit a 
report annually to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives describing the location, 
vessels or aircraft, circumstances, and consequences of each incident 
in the 12-month period covered by the report in which the person in 
command or in charge of an authorized vessel or an authorized aircraft 
(as those terms are used in section 637 of title 14, United States 
Code) fired at or into a vessel without prior use of the warning signal 
as authorized by that section.
    (e) Technical Correction.--
        (1) Correction.--Section 637 of title 14, United States Code, 
    is amended in the section heading by striking ``immunity'' and 
    inserting ``indemnity''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 17 of title 14, United States Code, is amended by 
    striking the item relating to section 637 and inserting the 
    following:
``637. Stopping vessels; indemnity for firing at or into vessel.''.

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

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

SEC. 207. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.

    (a) Eligible Entity Defined.--Section 680 of title 14, United 
States Code, is amended--
        (1) by redesignating paragraphs (3) and (4) in order as 
    paragraphs (4) and (5); and
        (2) by inserting after paragraph (2) the following:
        ``(3) The term `eligible entity' means any private person, 
    corporation, firm, partnership, or company and any State or local 
    government or housing authority of a State or local government.''.
    (b) Direct Loans for Providing Housing.--Section 682 of title 14, 
United States Code, is amended--
        (1) in the section heading by striking ``Loan guarantees'' and 
    inserting ``Direct loans and loan guarantees'';
        (2) by redesignating subsections (a) and (b) as (b) and (c) 
    respectively;
        (3) by inserting before subsection (b) (as so redesignated) the 
    following:
    ``(a) Direct Loans.--(1) Subject to subsection (c), the Secretary 
may make direct loans to an eligible entity in order to provide funds 
to the eligible entity for the acquisition or construction of housing 
units that the Secretary determines are suitable for use as military 
family housing or as military unaccompanied housing.
    ``(2) The Secretary shall establish such terms and conditions with 
respect to loans made under this subsection as the Secretary considers 
appropriate to protect the interests of the United States, including 
the period and frequency for repayment of such loans and the 
obligations of the obligors on such loans upon default.'';
        (4) in subsection (b) (as so redesignated) by striking 
    ``subsection (b),'' and inserting ``subsection (c),''; and
        (5) in subsection (c) (as so redesignated)--
            (A) in the heading by striking ``Guarantee''; and
            (B) by striking ``Loan guarantees'' and inserting ``Direct 
        loans and loan guarantees''.
    (c) Limited Partnerships With Eligible Entities.--Section 684 of 
title 14, United States Code, is amended--
        (1) in the section heading by striking ``nongovernmental'' and 
    inserting ``eligible'';
        (2) in subsection (a) by striking ``nongovernmental'' and 
    inserting ``eligible'';
        (3) in subsection (b)(1) by striking ``a nongovernmental'' and 
    inserting ``an eligible'';
        (4) in subsection (b)(2) by striking ``a nongovernmental'' and 
    inserting ``an eligible''; and
        (5) in subsection (c) by striking ``nongovernmental'' and 
    inserting ``eligible''.
    (d) Housing Demonstration Projects in Alaska.--Section 687(g) of 
title 14, United 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 AGES FOR RETENTION IN AN ACTIVE STATUS.

    Section 742 of title 14, United States Code, is amended to read as 
follows:

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

    ``(a) A Reserve officer, if qualified, shall be transferred to the 
Retired Reserve on the day the officer becomes 60 years of age unless 
on active duty. If not qualified for retirement, a Reserve officer 
shall be discharged effective upon the day the officer becomes 60 years 
of age unless on active duty.
    ``(b) A Reserve officer on active duty shall, if qualified, be 
retired effective upon the day the officer become 62 years of age. If 
not qualified for retirement, a Reserve officer on active duty shall be 
discharged effective upon the day the officer becomes 62 years of age.
    ``(c) Notwithstanding subsection (a)and (b), the Secretary may 
authorize the retention of a Reserve rear admiral or rear admiral 
(lower half) in an active status not longer than the day on which the 
officer concerned becomes 64 years of age.
    ``(d) For purposes of this section, `active duty' does not include 
active duty for training, duty on a board, or duty of a limited or 
temporary nature if assigned to active duty from an inactive duty 
status.''.

SEC. 210. TRAVEL CARD MANAGEMENT.

    (a) In General.--Chapter 13 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 517. Travel card management

    ``(a) In General.--The Secretary may require that travel or 
transportation allowances due a civilian employee or military member of 
the Coast Guard be disbursed directly to the issuer of a Federal 
contractor-issued travel charge card, but only in an amount not to 
exceed the authorized travel expenses charged by that Coast Guard 
member to that travel charge card issued to that employee or member.
    ``(b) Withholding of Nondisputed Obligations.--The Secretary may 
also establish requirements similar to those established by the 
Secretary of Defense pursuant to section 2784a of title 10 for 
deduction or withholding of pay or retired pay from a Coast Guard 
employee, member, or retired member who is delinquent in payment under 
the terms of the contract under which the card was issued and does not 
dispute the amount of the delinquency.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 13 of 
title 14, United States Code, is amended by inserting after the item 
relating to section 516 the following:
``517. Travel card management.''.

SEC. 211. COAST GUARD FELLOWS AND DETAILEES.

    The Secretary of the department in which the Coast Guard is 
operating, in consultation with the Attorney General, shall by not 
later than 6 months after the date of the enactment of this Act--
        (1) review the Coast Guard Commandant Instruction 5730.3, 
    regarding congressional detailees (COMDTINST 5370.3), dated April 
    18, 2003, and compare the standards set forth in the instruction to 
    the standards applied by other executive agencies to congressional 
    detailees;
        (2) determine if any changes to such instruction are necessary 
    to protect against conflicts of interest and preserve the doctrine 
    of separation of powers; and
        (3) submit a report to the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Transportation 
    and Infrastructure of the House of Representatives on the findings 
    and conclusions of the review.

SEC. 212. LONG-TERM LEASE OF SPECIAL USE REAL PROPERTY.

    (a) In General.--Section 672 of title 14, United States Code, is 
amended by--
        (1) striking the heading and inserting the following:

``Sec. 672. Long-term lease of special purpose facilities'';

        (2) in subsection (a), inserting ``special purpose facilities, 
    including,'' after ``automatic renewal clauses, for'' ; and
        (3) striking ``(b) The'' and inserting:
    ``(b) For purposes of this section, the term `special purpose 
facilities' means any facilities used to carry out Coast Guard 
aviation, maritime, or navigation missions other than general purpose 
office and storage space facilities.
    ``(c) In the case of ATON, VTS, or NDS sites, the''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17, United States Code, is amended by striking the item 
relating to section 672 and inserting the following:
``672. Long-term lease of special purpose facilities.''.

SEC. 213. NATIONAL COAST GUARD MUSEUM.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 98. National Coast Guard Museum

    ``(a) Establishment.--The Commandant may establish a National Coast 
Guard Museum, on lands which will be federally owned and administered 
by the Coast Guard, and are located in New London, Connecticut, at, or 
in close proximity to, the Coast Guard Academy.
    ``(b) Limitation on Expenditures.--(1) Except as provided in 
paragraph (2), the Secretary shall not expend any appropriated Federal 
funds for the engineering, design, or construction of any museum 
established under this section.
    ``(2) The Secretary shall fund the operation and maintenance of the 
National Coast Guard Museum with nonappropriated and non-Federal funds 
to the maximum extent practicable. The priority use of Federal 
operation and maintenance funds should be to preserve and protect 
historic Coast Guard artifacts.
    ``(c) Funding Plan.--Before the date on which the Commandant 
establishes a museum under subsection (a), the Commandant shall provide 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a plan for constructing, operating, and maintaining 
such a museum, including--
        ``(1) estimated planning, engineering, design, construction, 
    operation, and maintenance costs;
        ``(2) the extent to which appropriated, nonappropriated, and 
    non-Federal funds will be used for such purposes, including the 
    extent to which there is any shortfall in funding for engineering, 
    design, or construction; and
        ``(3) a certification by the Inspector General of the 
    department in which the Coast Guard is operating that the estimates 
    provided pursuant to paragraphs (1) and (2) are reasonable and 
    realistic.
    ``(d) Authority.--The Commandant may not establish a Coast Guard 
museum except as set forth in this section.''.
    (b) Clerical Amendment.--The chapter analysis at the beginning of 
chapter 5 of title 14, United States Code, is amended by adding at the 
end the following:
``98. National Coast Guard Museum.''.

SEC. 214. LIMITATION ON NUMBER OF COMMISSIONED OFFICERS.

    Section 42 of title 14, United States Code, is amended--
        (1) in subsection (a), by striking ``6,200'' and inserting 
    ``6,700 in each fiscal year 2004, 2005, and 2006''; and
        (2) in subsection (b), by striking ``commander 12.0; lieutenant 
    commander 18.0'' and inserting ``commander 15.0; lieutenant 
    commander 22.0''.

SEC. 215. REDISTRICTING NOTIFICATION REQUIREMENT.

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

SEC. 216. REPORT ON SHOCK MITIGATION STANDARDS.

    (a) Report requirement.--Not later than 180 days after the date of 
the enactment of this Act, the Commandant of the Coast Guard shall 
issue a report on the necessity of, and possible standards for, decking 
materials for Coast Guard vessels to mitigate the adverse effects on 
crew members from shock and vibration.
    (b) Recommended standards.--The standards recommended in the report 
may--
        (1) incorporate appropriate industry or manufacturing 
    standards; and
        (2) consider the weight and durability of decking material, the 
    effects of repeated use and varying weather conditions, and the 
    capability of decking material to lessen impact.

SEC. 217. RECOMMENDATIONS TO CONGRESS BY COMMANDANT OF THE COAST GUARD.

    Section 93 of title 14, United States Code, is amended--
        (1) in paragraph (w) by striking ``and'' after the semicolon at 
    the end;
        (2) in paragraph (x) by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(y) after informing the Secretary, make such recommendations 
    to the Congress relating to the Coast Guard as the Commandant 
    considers appropriate.''.

SEC. 218. COAST GUARD EDUCATION LOAN REPAYMENT PROGRAM.

    (a) Program Authorized.--Chapter 13 of title 14, United States 
Code, is amended by inserting after section 471 the following:

``Sec. 472. Education loan repayment program

    ``(a)(1) Subject to the provisions of this section, the Secretary 
may repay--
        ``(A) any loan made, insured, or guaranteed under part B of 
    title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et 
    seq.);
        ``(B) any loan made under part D of such title (the William D. 
    Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); or
        ``(C) any loan made under part E of such title (20 U.S.C. 
    1087aa et seq.).
Repayment of any such loan shall be made on the basis of each complete 
year of service performed by the borrower.
    ``(2) The Secretary may repay loans described in paragraph (1) in 
the case of any person for service performed on active duty as an 
enlisted member of the Coast Guard in a specialty specified by the 
Secretary.
    ``(b) The portion or amount of a loan that may be repaid under 
subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for 
each year of service.
    ``(c) If a portion of a loan is repaid under this section for any 
year, interest on the remainder of such loan shall accrue and be paid 
in the same manner as is otherwise required.
    ``(d) Nothing in this section shall be construed to authorize 
refunding any repayment of a loan.
    ``(e) The Secretary shall, by regulation, prescribe a schedule for 
the allocation of funds made available to carry out this section during 
any year for which funds are not sufficient to pay the sum of the 
amounts eligible for repayment under subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 13 of title 14, United States Code, is amended by inserting 
after the item relating to section 471 the following:
``472. Education loan repayment program.''.

SEC. 219. CONTINGENT EXPENSES.

    Section 476 of title 14, United States Code, is amended--
        (1) by striking ``$7,500'' and inserting ``$50,000''; and
        (2) by striking the second sentence.

SEC. 220. RESERVE ADMIRALS.

    (a) Precedence.--Section 725 of title 14, United States Code, is 
amended by adding at the end the following:
    ``(d) Notwithstanding any other law, a Reserve officer shall not 
lose precedence by reason of promotion to the grade of rear admiral or 
rear admiral (lower half), if the promotion is determined in accordance 
with a running mate system.
    ``(e) The Secretary shall adjust the date of rank of a Reserve 
officer so that no changes of precedence occur.''.
    (b) Promotion.--Section 736(b) of title 14, United States Code, is 
amend to read as follows:
    ``(b) Notwithstanding any other provision of law and subject to 
subsection (c), if promotion of an inactive duty promotion list officer 
to the grade of rear admiral or rear admiral (lower half) is determined 
in accordance with a running mate system, a reserve officer, if 
acceptable to the President and the Senate, shall be promoted to the 
next higher grade no later than the date the officer's running mate is 
promoted.''.
    (c) Date of Appointment.--Section 736(c) of title 14, United States 
Code, is amend by striking ``of subsection (a)''.
    (d) Maximum Service.--Section 743 of title 14, United States Code, 
is amended to read as follows:

``Sec. 743. Rear admiral and rear admiral (lower half); maximum service 
            in grade

    ``(a) Unless retained in or removed from an active status under any 
other law, a reserve rear admiral or rear admiral (lower half) shall be 
retired on July 1 of the promotion year immediately following the 
promotion year in which that officer completes 4 years of service after 
the appointment of the officer to rear admiral (lower half).
    ``(b) Notwithstanding any other provision of law, if promotion of 
inactive duty promotion list officers to the grade of rear admiral is 
not determined in accordance with a running mate system, a Reserve 
officer serving in an active status in the grade of rear admiral (lower 
half) shall be promoted to the grade of rear admiral, if acceptable to 
the President and the Senate, on the date the officer has served 2 
years in an active status in grade of rear admiral (lower half), or in 
the case of a vacancy occurring prior to having served 2 years in an 
active status, on the date the vacancy occurs, if the officer served at 
least 1 year in an active status in the grade of rear admiral (lower 
half).''.

SEC. 221. CONFIDENTIAL INVESTIGATIVE EXPENSES.

    Section 658 of title 14, United States Code, is amended by striking 
``$15,000 per annum'' and inserting ``$45,000 each fiscal year''.

SEC. 222. INNOVATIVE CONSTRUCTION ALTERNATIVES.

    The Commandant of the Coast Guard may consult with the Office of 
Naval Research and other Federal agencies with research and development 
programs that may provide innovative construction alternatives for the 
Integrated Deepwater System.

SEC. 223. DELEGATION OF PORT SECURITY AUTHORITY.

    The undesignated text following paragraph (b) of the second 
unnumbered paragraph of section 1 of title II of the Act of June 15, 
1917 (chapter 30; 40 Stat. 220; 50 U.S.C. 191) is amended by adding at 
the beginning the following: ``The President may delegate the authority 
to issue such rules and regulations to the Secretary of the department 
in which the Coast Guard is operating.''.

SEC. 224. FISHERIES ENFORCEMENT PLANS AND REPORTING.

    (a) Fisheries Enforcement Plans.--In preparing the Coast Guard's 
annual fisheries enforcement plan, the Commandant of the Coast Guard 
shall consult with the Under Secretary of Commerce for Oceans and 
Atmosphere and with State and local enforcement authorities.
    (b) Fishery Patrols.--Prior to undertaking fisheries patrols, the 
Commandant of the Coast Guard shall notify the Under Secretary of 
Commerce for Oceans and Atmosphere and appropriate State and local 
enforcement authorities of the projected dates for such patrols.
    (c) Annual Summary.--The Commandant of the Coast Guard shall 
prepare and make available to the Under Secretary of Commerce for 
Oceans and Atmosphere, State and local enforcement entities, and other 
relevant stakeholders, an annual summary report of fisheries 
enforcement activities for the preceding year, including a summary of 
the number of patrols, law enforcement actions taken, and resource 
hours expended.

SEC. 225. USE OF COAST GUARD AND MILITARY CHILD DEVELOPMENT CENTERS.

    The Secretary of Defense and the Secretary of the department in 
which the Coast Guard is operating, when operating other than as a 
service in the Navy, may agree to provide child care services to 
members of the armed forces, with reimbursement, in Coast Guard and 
military child development centers supported in whole or in part with 
appropriated funds. For purposes of military child development centers 
operated under the authority of subchapter II of chapter 88 of title 
10, United States Code, the child of a member of the Coast Guard shall 
be considered the same as the child of a member of any of the other 
armed forces.

SEC. 226. TREATMENT OF PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED 
              SOLELY FOR AUXILIARY USE.

    Section 821 of title 14, United States Code, is amended by adding 
at the end the following:
    ``(d)(1) Except as provided in paragraph (2), personal property of 
the auxiliary shall not be considered property of the United States.
    ``(2) The Secretary may treat personal property of the auxiliary as 
property of the United States--
        ``(A) for the purposes of--
            ``(i) the statutes and matters referred to in paragraphs 
        (1) through (6) of subsection (b); and
            ``(ii) section 641 of this title; and
        ``(B) as otherwise provided in this chapter.
    ``(3) The Secretary may reimburse the Auxiliary, and each 
organizational element and unit of the Auxiliary, for necessary 
expenses of operation, maintenance, and repair or replacement of 
personal property of the Auxiliary.
    ``(4) In this subsection, the term `personal property of the 
Auxiliary' means motor boats, yachts, aircraft, radio stations, 
motorized vehicles, trailers, or other equipment that is under the 
administrative jurisdiction of the Coast Guard Auxiliary or an 
organizational element or unit of the Auxiliary and that is used solely 
for the purposes described in this subsection.''.

                         TITLE III--NAVIGATION

SEC. 301. MARKING OF UNDERWATER WRECKS.

    Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 
409) is amended--
        (1) by striking ``day and a lighted lantern'' in the second 
    sentence inserting ``day and, unless otherwise granted a waiver by 
    the Commandant of the Coast Guard, a light''; and
        (2) by adding at the end ``The Commandant of the Coast Guard 
    may waive the requirement to mark a wrecked vessel, raft, or other 
    craft with a light at night if the Commandant determines that 
    placing a light would be impractical and granting such a waiver 
    would not create an undue hazard to navigation.''.

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

    Section 4(a) of the Ports and Waterways Safety Act of 1972 (33 
U.S.C. 1223(a)) is amended by--
        (1)(A) striking ``and'' after the semicolon at the end of 
    paragraph (4);
        (B) striking the period at the end of paragraph (5) and 
    inserting ``; and''; and
        (C) adding at the end the following:
        ``(6) may prohibit the use on vessels of electronic or other 
    devices that interfere with communication and navigation equipment, 
    except that such authority shall not apply to electronic or other 
    devices certified to transmit in the maritime services by the 
    Federal Communications Commission and used within the frequency 
    bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz.''; and
        (2) adding at the end the following:
    ``(e) Cooperative Agreements.--(1) The Secretary may enter into 
cooperative agreements with public or private agencies, authorities, 
associations, institutions, corporations, organizations, or other 
persons to carry out the functions under subsection (a)(1).
    ``(2) A nongovernmental entity may not under this subsection carry 
out an inherently governmental function.
    ``(3) As used in this paragraph, the term `inherently governmental 
function' means any activity that is so intimately related to the 
public interest as to mandate performance by an officer or employee of 
the Federal Government, including an activity that requires either the 
exercise of discretion in applying the authority of the Government or 
the use of judgment in making a decision for the Government.''.

SEC. 303. INLAND NAVIGATION RULES PROMULGATION AUTHORITY.

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

``SEC. 3. INLAND NAVIGATION RULES.

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

SEC. 304. SAINT LAWRENCE SEAWAY.

    Section 3(2) of the Ports and Waterways Safety Act (33 U.S.C. 
1222(2)) is amended by inserting ``, except that `Secretary' means the 
Secretary of Transportation with respect to the application of this Act 
to the Saint Lawrence Seaway'' after ``in which the Coast Guard is 
operating''.

                           TITLE IV--SHIPPING

SEC. 401. REPORTS FROM CHARTERERS.

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

SEC. 402. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG CONVICTIONS 
              IN SUSPENSION AND REVOCATION CASES.

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

SEC. 403. RECORDS OF MERCHANT MARINERS' DOCUMENTS.

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

SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CERTAIN CITIZENSHIP 
              REQUIREMENTS.

    (a) Limitation on Command.--Section 12110(d) of title 46, United 
States Code, is amended by inserting ``or an unmanned barge operating 
outside of the territorial waters of the United States,'' after 
``recreational endorsement,''.
    (b) Penalty.--Section 12122(b)(6) of title 46, United States Code, 
is amended by inserting ``or an unmanned barge operating outside of the 
territorial waters of the United States,'' after ``recreational 
endorsement,''.

SEC. 405. COMPLIANCE WITH INTERNATIONAL SAFETY MANAGEMENT CODE.

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

SEC. 406. PENALTIES.

    Section 4311(b) of title 46, United States Code, is amended to read 
as follows:
    ``(b)(1) A person violating section 4307(a)of this title is liable 
to the United States Government for a civil penalty of not more than 
$5,000, except that the maximum civil penalty may be not more than 
$250,000 for a related series of violations.
    ``(2) If the Secretary decides under section 4310(f) that a 
recreational vessel or associated equipment contains a defect related 
to safety or fails to comply with an applicable regulation and directs 
the manufacturer to provide the notifications specified in this 
chapter, any person, including a director, officer or executive 
employee of a corporation, who knowingly and willfully fails to comply 
with that order, may be fined not more than $10,000, imprisoned for not 
more than one year, or both.
    ``(3) When a corporation violates section 4307(a), or fails to 
comply with the Secretary's decision under section 4310(f), any 
director, officer, or executive employee of the corporation who 
knowingly and willfully ordered, or knowingly and willfully authorized, 
a violation is individually liable to the Government for a penalty 
under paragraphs (1) or (2) in addition to the corporation. However, 
the director, officer, or executive employee is not liable individually 
under this subsection if the director, officer, or executive employee 
can demonstrate by a preponderance of the evidence that--
        ``(A) the order or authorization was issued on the basis of a 
    decision, in exercising reasonable and prudent judgment, that the 
    defect or the nonconformity with standards and regulations 
    constituting the violation would not cause or constitute a 
    substantial risk of personal injury to the public; and
        ``(B) at the time of the order or authorization, the director, 
    officer, or executive employee advised the Secretary in writing of 
    acting under this subparagraph and subparagraph (A).''.

SEC. 407. REVISION OF TEMPORARY SUSPENSION CRITERIA IN DOCUMENT 
              SUSPENSION AND REVOCATION CASES.

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

SEC. 408. REVISION OF BASES FOR DOCUMENT SUSPENSION AND REVOCATION 
              CASES.

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

SEC. 409. HOURS OF SERVICE ON TOWING VESSELS.

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

SEC. 410. ELECTRONIC CHARTS.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended by inserting after section 4 the following:

``SEC. 4A. ELECTRONIC CHARTS.

    ``(a) System Requirements.--
        ``(1) Requirements.--Subject to paragraph (2), the following 
    vessels, while operating on the navigable waters of the United 
    States, shall be equipped with and operate electronic charts under 
    regulations prescribed by the Secretary of the department in which 
    the Coast Guard is operating:
            ``(A) A self-propelled commercial vessel of at least 65 
        feet overall length.
            ``(B) A vessel carrying more than a number of passengers 
        for hire determined by the Secretary.
            ``(C) A towing vessel of more than 26 feet in overall 
        length and 600 horsepower.
            ``(D) Any other vessel for which the Secretary decides that 
        electronic charts are necessary for the safe navigation of the 
        vessel.
        ``(2) Exemptions and waivers.--The Secretary may--
            ``(A) exempt a vessel from paragraph (1), if the Secretary 
        finds that electronic charts are not necessary for the safe 
        navigation of the vessel on the waters on which the vessel 
        operates; and
            ``(B) waive the application of paragraph (1) with respect 
        to operation of vessels on navigable waters of the United 
        States specified by the Secretary, if the Secretary finds that 
        electronic charts are not needed for safe navigation on those 
        waters.
    ``(b) Regulations.--The Secretary of the department in which the 
Coast Guard is operating shall prescribe regulations implementing 
subsection (a) before January 1, 2007, including requirements for the 
operation and maintenance of the electronic charts required under 
subsection (a).''.

SEC. 411. PREVENTION OF DEPARTURE.

    (a) In General.--Section 3505 of title 46, United States Code, is 
amended to read as follows:

``Sec. 3505. Prevention of departure

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

SEC. 412. SERVICE OF FOREIGN NATIONALS FOR MARITIME EDUCATIONAL 
              PURPOSES.

    Section 8103(b)(1)(A) of title 46, United State Code, is amended to 
read as follows:
        ``(A) each unlicensed seaman must be--
            ``(i) a citizen of the United States;
            ``(ii) an alien lawfully admitted to the United States for 
        permanent residence; or
            ``(iii) a foreign national who is enrolled in the United 
        States Merchant Marine Academy.''.

SEC. 413. CLASSIFICATION SOCIETIES.

    (a) In General.--Section 3316 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(c)(1) A classification society (including an employee or agent 
of that society) may not review, examine, survey, or certify the 
construction, repair, or alteration of a vessel in the United States 
unless--
            ``(A) the society has applied for approval under this 
        subsection and the Secretary has reviewed and approved that 
        society with respect to the conduct of that society under 
        paragraph (2); or
            ``(B) the society is a full member of the International 
        Association of Classification Societies.
        ``(2) The Secretary may approve a person for purposes of 
    paragraph (1) only if the Secretary determines that--
            ``(A) the vessels surveyed by the person while acting as a 
        classification society have an adequate safety record; and
            ``(B) the person has an adequate program to--
                ``(i) develop and implement safety standards for 
            vessels surveyed by the person;
                ``(ii) make the safety records of the person available 
            to the Secretary in an electronic format;
                ``(iii) provide the safety records of a vessel surveyed 
            by the person to any other classification society that 
            requests those records for the purpose of conducting a 
            survey of the vessel; and
                ``(iv) request the safety records of a vessel the 
            person will survey from any classification society that 
            previously surveyed the vessel.''.
    (b) Application.--Section 3316(c)(1) of title 46, United States 
Code, shall apply with respect to operation as a classification society 
on or after January 1, 2005.

SEC. 414. DRUG TESTING REPORTING.

    (a) In General.--Chapter 77 of title 46, United States Code, is 
amended by adding at the end:

``Sec. 7706. Drug testing reporting

    ``(a) Release of Drug Test Results to Coast Guard.--Not later than 
2 weeks after receiving from a Medical Review Officer a report of a 
verified positive drug test or verified test violation by a civilian 
employee of a Federal agency, an officer in the Public Health Services, 
or an officer in the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps, who is employed in any capacity on board a 
vessel operated by the agency, the head of the agency shall release to 
the Commandant of the Coast Guard the report.
    ``(b) Standards, Procedures, and Regulations.--The head of a 
Federal agency shall carry out a release under subsection (a) in 
accordance with the standards, procedures, and regulations applicable 
to the disclosure and reporting to the Coast Guard of drug tests 
results and drug test records of individuals employed on vessels 
documented under the laws of the United States.
    ``(c) Waiver.--Notwithstanding section 503(e) of the Supplemental 
Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug 
test of an employee may be released under this section without the 
prior written consent of the employee.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 77 of 
title 46, United States Code, is amended by adding at the end the 
following:
``7706. Drug testing reporting.''.

SEC. 415. INSPECTION OF TOWING VESSELS.

    (a) Vessels Subject to Inspection.--Section 3301 of title 46, 
United States Code, is amended by adding at the end the following:
        ``(15) towing vessels.''.
    (b) Safety Management System.--Section 3306 of chapter 33 of title 
46, United States Code, is amended by adding at the end the following:
    ``(j) The Secretary may establish by regulation a safety management 
system appropriate for the characteristics, methods of operation, and 
nature of service of towing vessels.''.

SEC. 416. POTABLE WATER.

    (a) In General.--Section 3305(a) of title 46, United States Code, 
is amended--
        (1) by redesignating paragraphs (4) and (5) in order as 
    paragraphs (5) and (6); and
        (2) by inserting after paragraph (3) the following:
        ``(4) has an adequate supply of potable water for drinking and 
    washing by passengers and crew;''.
    (b) Adequacy Determination.--Section 3305(a) of title 46, United 
States Code, as amended by subsection (a), is further amended--
        (1) by inserting ``(1)'' after ``(a)'';
        (2) by redesignating paragraphs (1) through (6) as 
    subparagraphs (A) through (F), respectively; and
        (3) by adding at the end the following:
        ``(2) In determining the adequacy of the supply of potable 
    water under paragraph (1)(D), the Secretary shall consider--
            ``(A) the size and type of vessel;
            ``(B) the number of passengers or crew on board;
            ``(C) the duration and routing of voyages; and
            ``(D) guidelines for potable water recommended by the 
        Centers for Disease Control and Prevention and the Public 
        Health Service.''.

SEC. 417. TRANSPORTATION OF PLATFORM JACKETS.

    The thirteenth proviso (pertaining to transportation by launch 
barge) of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 
883) is amended to read as follows: ``Provided further, That the 
transportation of any platform jacket in or on a non-coastwise 
qualified launch barge, that was built before December 31, 2000, and 
has a launch capacity of 12,000 long tons or more, between two points 
in the United States, at one of which there is an installation or other 
device within the meaning of section 4(a) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1333(a)), shall not be deemed transportation 
subject to this section if the Secretary of Transportation makes a 
determination, in accordance with procedures established pursuant to 
this proviso that a suitable coastwise-qualified vessel is not 
available for use in the transportation and, if needed, launch or 
installation of a platform jacket and; that the Secretary of 
Transportation shall adopt procedures implementing this proviso that 
are reasonably designed to provide timely information so as to maximize 
the use of coastwise qualified-vessels, which procedures shall, among 
other things, establish that for purposes of this proviso, a coastwise-
qualified vessel shall be deemed to be not available only (1) if upon 
application by an owner or operator for the use of a non-coastwise 
qualified launch barge for transportation of a platform jacket under 
this section, which application shall include all relevant information, 
including engineering details and timing requirements, the Secretary 
promptly publishes a notice in the Federal Register describing the 
project and the platform jacket involved, advising that all relevant 
information reasonably needed to assess the transportation requirements 
for the platform jacket will be made available to interested parties 
upon request, and requesting that information on the availability of 
coastwise-qualified vessels be submitted within 30 days after 
publication of that notice; and (2) if either (A) no information is 
submitted to the Secretary within that 30 day period, or (B) although 
the owner or operator of a coastwise-qualified vessel submits 
information to the Secretary asserting that the owner or operator has a 
suitable coastwise-qualified vessel available for this transportation, 
the Secretary, within 90 days of the date on which the notice is first 
published determines that the coastwise-qualified vessel is not 
suitable or reasonably available for the transportation; and that, for 
the purposes of this proviso, the term `coastwise-qualified vessel' 
means a vessel that has been issued a certificate of documentation with 
a coastwise endorsement under section 12106 of title 46, United States 
Code, and the term `platform jacket' refers to a single physical 
component and includes any type of offshore exploration, development, 
or production structure or component thereof, including platform 
jackets, tension leg or SPAR platform superstructures (including the 
deck, drilling rig and support utilities, and supporting structure), 
hull (including vertical legs and connecting pontoons or vertical 
cylinder), tower and base sections of a platform jacket, jacket 
structures, and deck modules (known as `topsides').''.

SEC. 418. RENEWAL OF ADVISORY GROUPS.

    (a) Commercial Fishing Industry Vessel Safety Advisory Committee.--
Section 4508(e)(1) of title 46, United States Code, is amended by 
striking ``of September 30, 2005'' and inserting ``on September 30, 
2010''.
    (b) Houston-Galveston Navigation Safety Advisory Committee.--
Section 18 of the Coast Guard Authorization Act of 1991 (Public Law 
102-241; 105 Stat. 2213) is amended--
        (1) in subsection (b) by striking ``eighteen'' and inserting 
    ``19'';
        (2) by adding at the end of subsection (b) the following:
        ``(12) One member representing recreational boating 
    interests.''; and
        (3) in subsection (h) by striking ``September 30, 2005'' and 
    inserting ``September 30, 2010''.
    (c) Lower Mississippi River Waterway Safety Advisory Committee.--
Section 19(g) of the Coast Guard Authorization Act of 1991 (Public Law 
102-241) is amended by striking ``September 30, 2005'' and inserting 
``September 30, 2010''.
    (d) Great Lakes Pilotage Advisory Committee.--Section 9307(f)(1) of 
title 46, United States Code, is amended by striking ``September 30, 
2005'' and inserting ``September 30, 2010''.
    (e) Navigation Safety Advisory Council.--Section 5(d) of the Inland 
Navigational Rules Act of 1980 (33 U.S.C. 2073(d)) is amended by 
striking ``September 30, 2005'' and inserting ``September 30, 2010''.
    (f) National Boating Safety Advisory Council.--Section 13110(e) of 
title 46, United States Code, is amended by striking ``September 30, 
2005'' and inserting ``September 30, 2010''.
    (g) Towing Safety Advisory Committee.--Public Law 96-380 (33 U.S.C. 
1231a) is amended in subsection (e) by striking ``September 30, 2005'' 
and inserting ``September 30, 2010''.

                  TITLE V--FEDERAL MARITIME COMMISSION

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

    There are authorized to be appropriated to the Federal Maritime 
Commission--
        (1) for fiscal year 2005, $19,500,000;
        (2) for fiscal year 2006, $20,750,000;
        (3) for fiscal year 2007, $21,500,000; and
        (4) for fiscal year 2008, $22,575,000.

SEC. 502. REPORT ON OCEAN SHIPPING INFORMATION GATHERING EFFORTS.

    The Federal Maritime Commission shall transmit to the Senate 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report within 90 days after the date of the enactment 
of this Act on the status of any agreements, or ongoing discussions 
with, other Federal, State, or local government agencies concerning the 
sharing of ocean shipping information for the purpose of assisting law 
enforcement or anti-terrorism efforts. The Commission shall include in 
the report recommendations on how the Commission's ocean shipping 
information could be better utilized by it and other Federal agencies 
to improve port security.

                        TITLE VI--MISCELLANEOUS

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

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

SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTERS.

    (a) In General.--The Commandant of the Coast Guard may convey all 
right, title, and interest of the United States in and to a vessel 
described in subsection (b) to the person designated in subsection (b) 
with respect to the vessel (in this section referred to as the 
``recipient''), without consideration, if the person complies with the 
conditions under subsection (c).
    (b) Vessels Described.--The vessels referred to in subsection (a) 
are the following:
        (1) The Coast Guard Cutter BRAMBLE, to be conveyed to the Port 
    Huron Museum of Arts and History (a nonprofit corporation under the 
    laws of the State of Michigan), located in Port Huron, Michigan.
        (2) The Coast Guard Cutter PLANETREE, to be conveyed to Jewish 
    Life (a nonprofit corporation under the laws of the State of 
    California), located in Sherman Oaks, California.
        (3) The Coast Guard Cutter SUNDEW, to be conveyed to Duluth 
    Entertainment and Convention Center Authority (a nonprofit 
    corporation under the laws of the State of Minnesota), located in 
    Duluth, Minnesota.
    (c) Conditions.--As a condition of any conveyance of a vessel under 
subsection (a), the Commandant shall require the recipient--
        (1) to agree--
            (A) to use the vessel for purposes of education and 
        historical display;
            (B) not to use the vessel for commercial transportation 
        purposes;
            (C) to make the vessel available to the United States 
        Government if needed for use by the Commandant in time of war 
        or a national emergency; and
            (D) to hold the Government harmless for any claims arising 
        from exposure to hazardous materials, including asbestos and 
        polychlorinated biphenyls (PCBs), after conveyance of the 
        vessel, except for claims arising from use of the vessel by the 
        Government under subparagraph (C);
        (2) to have funds available that will be committed to operate 
    and maintain the vessel conveyed in good working condition--
            (A) in the form of cash, liquid assets, or a written loan 
        commitment; and
            (B) in an amount of at least $700,000; and
        (3) to agree to any other conditions the Commandant considers 
    appropriate.
    (d) Maintenance and Delivery of Vessel.--Prior to conveyance of a 
vessel under this section, the Commandant may, to the extent practical, 
and subject to other Coast Guard mission requirements, make every 
effort to maintain the integrity of the vessel and its equipment until 
the time of delivery. The Commandant shall deliver a vessel conveyed 
under this section at the place where the vessel is located, in its 
present condition, and without cost to the Government. The conveyance 
of a vessel under this section shall not be considered a distribution 
in commerce for purposes of section 6(e) of the Toxic Substances 
Control Act (15 U.S.C. 2605(e)).
    (e) Other Excess Equipment.--The Commandant may convey to the 
recipient of a vessel under this section any excess equipment or parts 
from other decommissioned Coast Guard vessels for use to enhance the 
vessel's operability and function as an historical display.

SEC. 603. TONNAGE MEASUREMENT.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating may apply section 8104(o)(2) of title 46, United 
States Code, to the vessels described in subsection (b) without regard 
to the tonnage of those vessels.
    (b) Vessels Described.--The vessels referred to in subsection (a) 
are the following:
        (1) The M/V BLUEFIN (United States official number 620431).
        (2) The M/V COASTAL MERCHANT (United States official number 
    1038382).
    (c) Application.--Subsection (a) shall not apply to a vessel 
described in subsection (b)--
        (1) until the Secretary determines that the application of 
    subsection (a) will not compromise safety; and
        (2) on or after any date on which the Secretary determines that 
    the vessel has undergone any major modification.

SEC. 604. OPERATION OF VESSEL STAD AMSTERDAM.

    (a) In General.--Notwithstanding section 8 of the Act of June 19, 
1886 (46 App. U.S.C. 289), and the ruling by the Acting Director of the 
International Trade Compliance Division of the Customs Service on May 
17, 2002 (Customs Bulletins and Decisions, Vol. 36, No. 23, June 5, 
2002), the vessel STAD AMSTERDAM (International Maritime Organization 
number 9185554) shall be authorized to carry within United States 
waters and between ports or places in the United States individuals who 
are not directly and substantially connected with the operation, 
navigation, ownership, or business of the vessel, who are friends, 
guests, or employees of the owner of the vessel, and who are not actual 
or prospective customers for hire of the vessel.
    (b) Limitation.--This section does not authorize the vessel STAD 
AMSTERDAM--
        (1) to be used to carry individuals for a fare or to be 
    chartered on a for hire basis in the coastwise trade; or
        (2) to carry individuals described in subsection (a) within 
    United States waters and between ports or places in the United 
    States for more than 45 calendar days in any calendar year.
    (c) Revocation.--The Secretary of the department in which the Coast 
Guard is operating shall revoke the authorization provided by 
subsection (a) if the Secretary determines that the STAD AMSTERDAM has 
been operated in violation of the limitations imposed by subsection 
(b).

SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.

    (a) Authority To Designate Institute.--The Secretary of 
Transportation may designate a National Maritime Enhancement Institute 
for the Great Lakes region under section 8 of the Act of October 13, 
1989 (103 Stat. 694; 46 U.S.C. App. 1121-2). In making any decision on 
the designation of such an institute, the Secretary shall consider the 
unique characteristics of Great Lakes maritime industry and trade.
    (b) Study and Report.--
        (1) In general.--The Secretary of Transportation shall conduct 
    a study that--
            (A) evaluates short sea shipping market opportunities on 
        the Great Lakes, including the expanded use of freight ferries, 
        improved mobility, and regional supply chain efficiency;
            (B) evaluates markets for foreign trade between ports on 
        the Great Lakes and draft-limited ports in Europe and Africa;
            (C) evaluates the environmental benefits of waterborne 
        transportation in the Great Lakes region;
            (D) analyzes the effect on Great Lakes shipping of the tax 
        imposed by section 4461(a) of the Internal Revenue Code of 
        1986;
            (E) evaluates the state of shipbuilding and ship repair 
        bases on the Great Lakes;
            (F) evaluates opportunities for passenger vessel services 
        on the Great Lakes;
            (G) analyzes the origin-to-destination flow of freight 
        cargo in the Great Lakes region that may be transported on 
        vessels to relieve congestion in other modes of transportation;
            (H) evaluates the economic viability of establishing 
        transshipment facilities for oceangoing cargoes on the Great 
        Lakes;
            (I) evaluates the adequacy of the infrastructure in Great 
        Lakes ports to meet the needs of marine commerce; and
            (J) evaluates new vessel designs for domestic and 
        international shipping on the Great Lakes.
        (2) Use of national maritime enhancement institutes.--In 
    conducting the study required by paragraph (1), the Secretary may 
    utilize the services of any recognized National Maritime 
    Enhancement Institute.
        (3) Reports.--The Secretary shall submit an annual report on 
    the findings and conclusions of the study under this section to the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Transportation and Infrastructure of the House 
    of Representatives--
            (A) by not later than 1 year after the date of the 
        enactment of this Act; and
            (B) by not later than 1 year after the date of submission 
        of the report under subparagraph (A).
        (4) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary $1,500,000 for each of fiscal years 
    2005 and 2006 to carry out paragraph (1).

SEC. 606. KOSS COVE.

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

SEC. 607. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81, 
chapter 421; 46 App. U.S.C. 289), and section 12106 of title 46, United 
States Code, the Secretary of the department in which the Coast Guard 
is operating may issue a certificate of documentation with appropriate 
endorsement for employment in the coastwise trade for the following 
vessels:
        (1) OCEAN LEADER (United States official number 679511).
        (2) REVELATION (United States official number 1137565).
        (3) W. N. RAGLAND (Washington State registration number 
    WN5506NE).
        (4) M/T MISS LINDA (United States official number 1140552).

SEC. 608. REQUIREMENTS FOR COASTWISE ENDORSEMENT.

    (a) In General.--Section 12106 of title 46, United States Code, is 
amended--
        (1) by striking subsection (e)(1)(B) and inserting the 
    following:
        ``(B) the person that owns the vessel (or, if the vessel is 
    owned by a trust or similar arrangement, the beneficiary of the 
    trust or similar arrangement) meets the requirements of subsection 
    (f);''; and
        (2) by adding at the end the following:
    ``(f) Ownership Certification Requirement.--
        ``(1) In general.--A person meets the requirements of this 
    subsection if that person transmits to the Secretary each year the 
    certification required by paragraph (2) or (3) with respect to a 
    vessel.
        ``(2) Investment certification.--To meet the certification 
    requirement of this paragraph, a person shall certify that it--
            ``(A) is a leasing company, bank, or financial institution;
            ``(B) owns, or holds the beneficial interest in, the vessel 
        solely as a passive investment;
            ``(C) does not operate any vessel for hire and is not an 
        affiliate of any person who operates any vessel for hire; and
            ``(D) is independent from, and not an affiliate of, any 
        charterer of the vessel or any other person who has the right, 
        directly or indirectly, to control or direct the movement or 
        use of the vessel.
        ``(3) Certain tank vessels.--
            ``(A) In general.--To meet the certification requirement of 
        this paragraph, a person shall certify that--
                ``(i) the aggregate book value of the vessels owned by 
            such person and United States affiliates of such person 
            does not exceed 10 percent of the aggregate book value of 
            all assets owned by such person and its United States 
            affiliates;
                ``(ii) not more than 10 percent of the aggregate 
            revenues of such person and its United States affiliates is 
            derived from the ownership, operation, or management of 
            vessels;
                ``(iii) at least 70 percent of the aggregate tonnage of 
            all cargo carried by all vessels owned by such person and 
            its United States affiliates and documented under this 
            section is qualified proprietary cargo;
                ``(iv) any cargo other than qualified proprietary cargo 
            carried by all vessels owned by such person and its United 
            States affiliates and documented under this section 
            consists of oil, petroleum products, petrochemicals, or 
            liquified natural gas;
                ``(v) no vessel owned by such person or any of its 
            United States affiliates and documented under this section 
            carries molten sulphur; and
                ``(vi) such person owned 1 or more vessels documented 
            under subsection (e) of this section as of the date of 
            enactment of the Coast Guard and Maritime Transportation 
            Act of 2004.
            ``(B) Application only to certain vessels.--A person may 
        make a certification under this paragraph only with respect 
        to--
                ``(i) a tank vessel having a tonnage of not less than 
            6,000 gross tons, as measured under section 14502 of this 
            title (or an alternative tonnage measured under section 
            14302 of this title as prescribed by the Secretary under 
            section 14104 of this title); or
                ``(ii) a towing vessel associated with a non-self-
            propelled tank vessel that meets the requirements of clause 
            (i), where the 2 vessels function as a single self-
            propelled vessel.
        ``(4) Definitions.--In this subsection:
            ``(A) Affiliate.--The term `affiliate' means, with respect 
        to any person, any other person that is--
                ``(i) directly or indirectly controlled by, under 
            common control with, or controlling such person; or
                ``(ii) named as being part of the same consolidated 
            group in any report or other document submitted to the 
            United States Securities and Exchange Commission or the 
            Internal Revenue Service.
            ``(B) Cargo.--The term `cargo' does not include cargo to 
        which title is held for non-commercial reasons and primarily 
        for the purpose of evading the requirements of paragraph (3).
            ``(C) Oil.--The term `oil' has the meaning given that term 
        in section 2101(20) of this title.
            ``(D) Passive investment.--The term `passive investment' 
        means an investment in which neither the investor nor any 
        affiliate of such investor is involved in, or has the power to 
        be involved in, the formulation, determination, or direction of 
        any activity or function concerning the management, use, or 
        operation of the asset that is the subject of the investment.
            ``(E) Qualified proprietary cargo.--The term `qualified 
        proprietary cargo' means--
                ``(i) oil, petroleum products, petrochemicals, or 
            liquefied natural gas cargo that is beneficially owned by 
            the person who submits to the Secretary an application or 
            annual certification under paragraph (3), or by an 
            affiliate of such person, immediately before, during, or 
            immediately after such cargo is carried in coastwise trade 
            on a vessel owned by such person;
                ``(ii) oil, petroleum products, petrochemicals, or 
            liquefied natural gas cargo not beneficially owned by the 
            person who submits to the Secretary an application or an 
            annual certification under paragraph (3), or by an 
            affiliate of such person, but that is carried in coastwise 
            trade by a vessel owned by such person and which is part of 
            an arrangement in which vessels owned by such person and at 
            least one other person are operated collectively as one 
            fleet, to the extent that an equal amount of oil, petroleum 
            products, petrochemicals, or liquefied natural gas cargo 
            beneficially owned by such person, or an affiliate of such 
            person, is carried in coastwise trade on 1 or more other 
            vessels, not owned by such person, or an affiliate of such 
            person, if such other vessel or vessels are also part of 
            the same arrangement;
                ``(iii) in the case of a towing vessel associated with 
            a non-self-propelled tank vessel where the 2 vessels 
            function as a single self-propelled vessel, oil, petroleum 
            products, petrochemicals, or liquefied natural gas cargo 
            that is beneficially owned by the person who owns both such 
            towing vessel and the non-self-propelled tank vessel, or 
            any United States affiliate of such person, immediately 
            before, during, or immediately after such cargo is carried 
            in coastwise trade on either of the 2 vessels; or
                ``(iv) any oil, petroleum products, petrochemicals, or 
            liquefied natural gas cargo carried on any vessel that is 
            either a self-propelled tank vessel having a length of at 
            least 210 meters or a tank vessel that is a liquefied 
            natural gas carrier that--

                    ``(I) was delivered by the builder of such vessel 
                to the owner of such vessel after December 31, 1999; 
                and
                    ``(II) was purchased by a person for the purpose, 
                and with the reasonable expectation, of transporting on 
                such vessel liquefied natural gas or unrefined 
                petroleum beneficially owned by the owner of such 
                vessel, or an affiliate of such owner, from Alaska to 
                the continental United States.

            ``(F) United States affiliate.--The term `United States 
        affiliate' means, with respect to any person, an affiliate the 
        principal place of business of which is located in the United 
        States.''.
    (b) Treatment of Owner of Certain Vessels.--
        (1) In general.--Notwithstanding any other provision of law, a 
    person shall be treated as a citizen of the United States under 
    section 12102(a) of title 46, United States Code, section 2 of the 
    Shipping Act, 1916 (46 U.S.C. App. 802), and section 27 of the 
    Merchant Marine Act, 1920 (46 U.S.C. App. 883), for purposes of 
    issuance of a coastwise endorsement under section 12106(e) of title 
    46, United States Code (as that section was in effect on the day 
    before the date of enactment of this Act), for a vessel owned by 
    the person on the date of enactment of this Act, or any replacement 
    vessel of a similar size and function, if the person--
            (A) owned a vessel before January 1, 2001, that had a 
        coastwise endorsement under section 12106(e) of title 46, 
        United States Code; and
            (B) as of the date of the enactment of this Act, derives 
        substantially all of its revenue from leasing vessels engaged 
        in the transportation or distribution of petroleum products and 
        other cargo in Alaska.
        (2) Limitation on coastwise trade.--A vessel owned by a person 
    described in paragraph (1) for which a coastwise endorsement is 
    issued under section 12106(e) of title 46, United States Code, may 
    be employed in the coastwise trade only within Alaska and in the 
    coastwise trade to and from Alaska.
        (3) Termination.--The application of this subsection to a 
    person described in paragraph (1) shall terminate if all of that 
    person's vessels described in paragraph (1) are sold to a person 
    eligible to document vessels under section 12106(a) of title 46, 
    United States Code.
    (c) Application to Certain Certificates.--
        (1) In general.--The amendments made by this section, and any 
    regulations published after February 4, 2004, with respect to 
    coastwise endorsements, shall not apply to a certificate of 
    documentation, or renewal thereof, endorsed with a coastwise 
    endorsement for a vessel under section 12106(e) of title 46, United 
    States Code, or a replacement vessel of a similar size and 
    function, that was issued prior to the date of enactment of this 
    Act as long as the vessel is owned by the person named therein, or 
    by a subsidiary or affiliate of that person, and the controlling 
    interest in such owner has not been transferred to a person that 
    was not an affiliate of such owner as of the date of enactment of 
    this Act. Notwithstanding the preceding sentence, however, the 
    amendments made by this section shall apply, beginning 3 years 
    after the date of enactment of this Act, with respect to offshore 
    supply vessels (as defined in section 2101(19) of title 46, United 
    States Code, as that section was in effect on the date of enactment 
    of this Act) with a certificate of documentation endorsed with a 
    coastwise endorsement as of the date of enactment of this Act, and 
    the Secretary of the Department in which the Coast Guard is 
    operating shall revoke any such certificate if the vessel does not 
    by then meet the requirements of section 12106(e) of title 46, 
    United States Code, as amended by this section.
        (2) Replacement Vessel.--For the purposes of this subsection, 
    ``replacement vessel'' means--
            (A) a temporary replacement vessel for a period of not to 
        exceed 180 days if the vessel described in paragraph (1) is 
        unavailable due to an act of God or a marine casualty; or
            (B) a permanent replacement vessel if--
                (i) the vessel described in paragraph (1) is 
            unavailable for more than 180 days due to an act of God or 
            a marine casualty; or
                (ii) a contract to purchase or construct such 
            replacement vessel is executed not later than December 31, 
            2004.
    (d) Waiver.--The Secretary of Transportation shall waive or reduce 
the qualified proprietary cargo requirement of section 
12106(f)(3)(A)(iii) of title 46, United States Code, for a vessel if 
the person that owns the vessel (or, if the vessel is owned by a trust 
or similar arrangement, the beneficiary of the trust or similar 
arrangement) notifies the Secretary that circumstances beyond the 
direct control of such person or its affiliates prevent, or reasonably 
threaten to prevent, such person from satisfying such requirement, and 
the Secretary does not, with good cause, determine otherwise. The 
waiver or reduction shall apply during the period of time that such 
circumstances exist.
    (e) Regulations.--No later than one year after the date of the 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall prescribe final regulations to carry out 
this section, including amendments made by this section to section 
12106 of title 46, United States Code.

SEC. 609. CORRECTION OF REFERENCES TO NATIONAL DRIVER REGISTER.

    Title 46, United States Code, is amended--
        (1) in section 7302--
            (A) by striking ``section 206(b)(7) of the National Driver 
        Register Act of 1982 (23 U.S.C. 401 note)'' and inserting 
        ``30305(b)(5) of title 49''; and
            (B) by striking ``section 205(a)(3)(A) or (B) of that Act'' 
        and inserting ``30304(a)(3)(A) or (B) of title 49'';
        (2) in section 7702(d)(1)(B)(iii) by striking ``section 
    205(a)(3)(A) or (B) of the National Driver Register Act of 1982'' 
    and inserting ``section 30304(a)(3)(A) or (B) of title 49''; and
        (3) in section 7703(3) by striking ``section 205(a)(3)(A) or 
    (B) of the National Driver Register Act of 1982'' and inserting 
    ``section 30304(a)(3)(A) or (B) of title 49''.

SEC. 610. WATEREE RIVER.

    For purposes of bridge administration, the portion of the Wateree 
River in the State of South Carolina, from a point 100 feet upstream of 
the railroad bridge located at approximately mile marker 10.0 to a 
point 100 feet downstream of such bridge, is declared to not be 
navigable waters of the United States for purposes of the General 
Bridge Act of 1946 (33 U.S.C. 525 et seq.).

SEC. 611. MERCHANT MARINERS' DOCUMENTS PILOT PROGRAM.

    The Secretary of the department in which the Coast Guard is 
operating may conduct a pilot program to demonstrate methods to improve 
processes and procedures for issuing merchant mariners' documents.

SEC. 612. CONVEYANCE.

    (a) Authority To Convey.--
        (1) In general.--Notwithstanding any other provision of law, 
    the Secretary of the department in which the Coast Guard is 
    operating shall convey, by an appropriate means of conveyance, all 
    right, title, and interest of the United States in and to Sentinel 
    Island, Alaska, to the entity to which the Sentinel Island Light 
    Station is conveyed under section 308(b) of the National Historic 
    Preservation Act (16 U.S.C. 470w-7(b)).
        (2) Identification of property.--The Secretary may identify, 
    describe, and determine the property to be conveyed under this 
    subsection.
        (3) Limitation.--The Secretary may not under this section 
    convey--
            (A) any historical artifact, including any lens or lantern, 
        located on property conveyed under this section at or before 
        the time of the conveyance; or
            (B) any interest in submerged land.
    (b) General Terms and Conditions.--
        (1) In general.--Any conveyance of property under this section 
    shall be made--
            (A) without payment of consideration; and
            (B) subject to the terms and conditions required by this 
        section and other terms and conditions the Secretary may 
        consider appropriate, including the reservation of easements 
        and other rights on behalf of the United States.
        (2) Reversionary interest.--In addition to any term or 
    condition established under this section, any conveyance of 
    property under this section shall be subject to the condition that 
    all right, title, and interest in the property, at the option of 
    the Secretary shall revert to the United States and be placed under 
    the administrative control of the Secretary, if--
            (A) the property, or any part of the property--
                (i) ceases to be available and accessible to the 
            public, on a reasonable basis, for educational, park, 
            recreational, cultural, historic preservation, or other 
            similar purposes specified for the property in the terms of 
            conveyance;
                (ii) ceases to be maintained in a manner that is 
            consistent with its present or future use as a site for 
            Coast Guard aids to navigation or compliance with this 
            section; or
                (iii) ceases to be maintained in a manner consistent 
            with the conditions in paragraph (4) established by the 
            Secretary pursuant to the National Historic Preservation 
            Act (16 U.S.C. 470 et seq.); or
            (B) at least 30 days before that reversion, the Secretary 
        provides written notice to the owner that the property is 
        needed for national security purposes.
        (3) Maintenance of navigation functions.--Any conveyance of 
    property under this section shall be made subject to the conditions 
    that the Secretary considers to be necessary to assure that--
            (A) the lights, antennas, and associated equipment located 
        on the property conveyed that are active aids to navigation 
        shall continue to be operated and maintained by the United 
        States for as long as they are needed for this purpose;
            (B) the owner of the property may not interfere or allow 
        interference in any manner with aids to navigation without 
        express written permission from the Commandant of the Coast 
        Guard;
            (C) there is reserved to the United States the right to 
        relocate, replace, or add any aids to navigation or make any 
        changes to the property conveyed as may be necessary for 
        navigational purposes;
            (D) the United States shall have the right, at any time, to 
        enter the property without notice for the purpose of operating, 
        maintaining, and inspecting aids to navigation and for the 
        purpose of enforcing compliance with this subsection; and
            (E) the United States shall have an easement of access to 
        and across the property for the purpose of maintaining the aids 
        to navigation in use on the property.
        (4) Maintenance of property.--
            (A) In general.--Subject to subparagraph (B), the owner of 
        a property conveyed under this section shall maintain the 
        property in a proper, substantial, and workmanlike manner, and 
        in accordance with any conditions established by the Secretary 
        pursuant to the National Historic Preservation Act (16 U.S.C. 
        470 et seq.) and other applicable laws.
            (B) Limitation.--The owner of a property conveyed under 
        this section is not required to maintain any active aids to 
        navigation on the property, except private aids to navigation 
        authorized under section 83 of title 14, United States Code.
    (c) Definitions.--In this section, the following definitions apply:
        (1) Aids to navigation.--The term ``aids to navigation'' means 
    equipment used for navigation purposes, including a light, antenna, 
    radio, sound signal, electronic navigation equipment, or other 
    associated equipment that are operated or maintained by the United 
    States.
        (2) Owner.--The term ``owner'' means, for property conveyed 
    under this section, the person to which property is conveyed under 
    subsection (a)(1), and any successor or assign of that person.

SEC. 613. BRIDGE ADMINISTRATION.

    Section 325(b) of the Department of Transportation and Related 
Agencies Appropriations Act, 1983 (Pub. L. 97-369; 96 Stat. 1765) is 
amended by striking ``provides at least thirty feet of vertical 
clearance Columbia River datum and at least eighty feet of horizontal 
clearance, as'' and inserting ``is so''.

SEC. 614. SENSE OF CONGRESS REGARDING CARBON MONOXIDE AND WATERCRAFT.

    It is the sense of the Congress that the Coast Guard should 
continue--
        (1) to place a high priority on addressing the safety risks 
    posed to boaters by elevated levels of carbon monoxide that are 
    unique to watercraft; and
        (2) to work with vessel and engine manufacturers, the American 
    Boat & Yacht Council, other Federal agencies, and the entire 
    boating community in order to determine the best ways to adequately 
    address this public safety issue and minimize the number of tragic 
    carbon monoxide-related boating deaths that occur each year.

SEC. 615. MITIGATION OF PENALTY DUE TO AVOIDANCE OF A CERTAIN 
              CONDITION.

    (a) Treatment of Violation.--For purposes of any administrative 
proceeding to consider mitigation of any civil penalty for a violation 
described in subsection (b), such violation is deemed to have been 
committed by reason of a safety concern.
    (b) Violation Described.--A violation referred to in subsection (a) 
is any violation of the Act of June 19, 1886 (chapter 421; 46 App. 
U.S.C. 289), occurring before April 1, 2003, and consisting of 
operation of a passenger vessel in transporting passengers between the 
Port of New Orleans and another port on the Gulf of Mexico at a time 
when the master of the vessel determined that the vertical clearance on 
the Mississippi River at Chalmette, Louisiana, was insufficient to 
allow the safe return transport of passengers on that vessel to the 
Port of New Orleans.
    (c) Related Penalty Amount.--Any civil penalty assessed for a 
violation of that Act by a vessel described in subsection (b), that was 
committed when that vessel was repositioning to the Port of New Orleans 
in July 2003, shall be mitigated to an amount not to exceed $100 per 
passenger.

SEC. 616. CERTAIN VESSELS TO BE TOUR VESSELS.

    (a) Vessels Deemed Tour Vessels.--Notwithstanding any other law, a 
passenger vessel that is not less than 100 gross tons and not greater 
than 300 gross tons is deemed to be a tour vessel for the purpose of 
permit allocation regulations under section 3(h) of Public Law 91-383 
(16 U.S.C. 1a-2(h)) and section 3 of the Act of August 25, 1916 (16 
U.S.C. 3), with respect to vessel operations in Glacier Bay National 
Park and Preserve, Alaska (in this section referred to as ``Glacier 
Bay''), if the Secretary of the department in which the Coast Guard is 
operating determines that the vessel--
        (1) has equipment installed that permits all graywater and 
    blackwater to be stored on board for at least 24 hours;
        (2) has a draft of not greater than 15 feet;
        (3) has propulsion equipment of not greater than 5,000 
    horsepower; and
        (4) is documented under the laws of the United States.
    (b) Reallocation of Permits.--
        (1) Reallocation required.--Subject to paragraph (2), the 
    Secretary of the Interior, upon application by the operator of a 
    passenger vessel deemed to be a tour vessel under subsection (a), 
    shall reallocate to that vessel any available tour vessel 
    concession permit not used by another vessel, if at the time of 
    application that permit is not sought by a tour vessel of less than 
    100 gross tons.
        (2) Limitations.--No more than three passenger vessels that are 
    deemed to be a tour vessel under subsection (a) may hold a tour 
    vessel concession permit at any given time, and no more than one 
    such vessel may enter Glacier Bay on any particular date.
    (c) Compliance With Vessel Requirements.--
        (1) Requirement to comply.--Except as otherwise provided in 
    this section, a vessel reallocated a tour vessel concession permit 
    under this section shall comply with all regulations and 
    requirements for Glacier Bay applicable to vessels of at least 100 
    gross tons.
        (2) Revocation of permit.--The Secretary of the Interior may 
    revoke a tour vessel concession permit reallocated to a vessel 
    under this section if that vessel--
            (A) discharges graywater or blackwater in Glacier Bay; or
            (B) violates a vessel operating requirement for Glacier Bay 
        that applies to vessels that are at least 100 gross tons, 
        including restrictions pertaining to speed, route, and closed 
        waters.
    (d) Treatment of Entries Into Glacier Bay.--An entry into Glacier 
Bay by a vessel reallocated a tour vessel concession permit under this 
section shall count against the daily vessel quota and seasonal-use 
days applicable to entries by tour vessels and shall not count against 
the daily vessel quota or seasonal-use days of any other class of 
vessel.

SEC. 617. SENSE OF CONGRESS REGARDING TIMELY REVIEW AND ADJUSTMENT OF 
              GREAT LAKES PILOTAGE RATES.

    It is the sense of the Congress that the Secretary of the 
department in which the Coast Guard is operating should, on a timely 
basis, review and adjust the rates payable under part 401 of title 46, 
Code of Federal Regulations, for services performed by United States 
registered pilots on the Great Lakes.

SEC. 618. WESTLAKE CHEMICAL BARGE DOCUMENTATION.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883) and section 12106 of title 46, United States Code, the 
Secretary of the department in which the Coast Guard is operating may 
issue a certificate of documentation with appropriate endorsement for 
employment in the coastwise trade for each of the following vessels:
        (1) Barge WCAO-101 (United States official number 506677).
        (2) Barge WCAO-102 (United States official number 506851).
        (3) Barge WCAO-103 (United States official number 506852).
        (4) Barge WCAO-104 (United States official number 507172).
        (5) Barge WCAO-105 (United States official number 507173).
        (6) Barge WCAO-106 (United States official number 620514).
        (7) Barge WCAO-107 (United States official number 620515).
        (8) Barge WCAO-108 (United States official number 620516).
        (9) Barge WCAO-3002 (United States official number 295147).
        (10) Barge WCAO-3004 (United States official number 517396).

SEC. 619. CORRECTION TO DEFINITION.

    Paragraph (4) of section 2 of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (Public Law 107-173) is amended by striking 
subparagraph (G) and inserting the following:
            ``(G) The Coast Guard.''.

SEC. 620. LORAN-C.

    There are authorized to be appropriated to the Department of 
Transportation, in addition to funds authorized for the Coast Guard for 
operation of the LORAN-C system, for capital expenses related to LORAN-
C navigation infrastructure, $25,000,000 for fiscal year 2005. The 
Secretary of Transportation may transfer from the Federal Aviation 
Administration and other agencies of the Department funds appropriated 
as authorized under this section in order to reimburse the Coast Guard 
for related expenses.

SEC. 621. DEEPWATER REPORT.

    (a) Report.--No later than 180 days after enactment of this Act, 
the Coast Guard shall provide a written report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
with respect to performance under the first term of the Integrated 
Deepwater System contract.
    (b) Contents.--The report shall include the following:
        (1) An analysis of how well the prime contractor has met the 
    two key performance goals of operational effectiveness and 
    minimizing total ownership costs.
        (2) A description of the measures implemented by the prime 
    contractor to meet these goals and how these measures have been or 
    will be applied for subcontracts awarded during the 5-year term of 
    the contract, as well as criteria used by the Coast Guard to assess 
    the contractor's performance against these goals.
        (3) To the extent available, performance and cost comparisons 
    of alternatives examined in implementing the contract.
        (4) A detailed description of the measures that the Coast Guard 
    has taken to implement the recommendations of the General 
    Accounting Office's March 2004 report on the Deepwater program 
    (including the development of measurable award fee criteria, 
    improvements to integrated product teams, and a plan for ensuring 
    competition of subcontracts).
        (5) A description of any anticipated changes to the mix of 
    legacy and replacement assets over the life of the program, 
    including Coast Guard infrastructure and human capital needs for 
    integrating such assets, and a timetable and estimated costs for 
    maintaining each legacy asset and introducing each replacement 
    asset over the life of the contract, including a comparison to any 
    previous estimates of such costs on an asset-specific basis.

SEC. 622. JUDICIAL REVIEW OF NATIONAL TRANSPORTATION SAFETY BOARD FINAL 
              ORDERS.

    Section 1153 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Commandant Seeking Judicial Review of Maritime Matters.--If 
the Commandant of the Coast Guard decides that an order of the Board 
issued pursuant to a review of a Coast Guard action under section 1133 
of this title will have an adverse impact on maritime safety or 
security, the Commandant may obtain judicial review of the order under 
subsection (a). The Commandant, in the official capacity of the 
Commandant, shall be a party to the judicial review proceedings.''.

SEC. 623. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.

    (a) Extension of Interim Authority.--The Secretary of the 
Department in which the Coast Guard is operating shall continue to 
implement and enforce United States Coast Guard 1997 Enforcement Policy 
for Cargo Residues on the Great Lakes (hereinafter in this section 
referred to as the ``Policy'') or revisions thereto, in accordance with 
that policy, for the purpose of regulating incidental discharges from 
vessels of residues of dry bulk cargo into the waters of the Great 
Lakes under the jurisdiction of the United States, until the earlier 
of--
        (1) the date regulations are promulgated under subsection (b) 
    for the regulation of incidental discharges from vessels of dry 
    bulk cargo residue into the waters of the Great Lakes under the 
    jurisdiction of the United States; or
        (2) September 30, 2008.
    (b) Permanent Authority.--Notwithstanding any other law, the 
Commandant of the Coast Guard may promulgate regulations governing the 
discharge of dry bulk cargo residue on the Great Lakes.
    (c) Environmental Assessment.--No later than 90 days after the date 
of the enactment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall commence the environmental 
assessment necessary to promulgate the regulations under subsection 
(b).

SEC. 624. SMALL PASSENGER VESSEL REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall study and report to the Congress 
regarding measures that should be taken to increase the likelihood of 
survival of passengers on small passenger vessels who may be in the 
water resulting from the capsizing of, sinking of, or other marine 
casualty involving the small passenger vessel. The study shall include 
a review of the adequacy of existing measures--
        (1) to keep the passengers out of the water, including 
    inflatable life rafts and other out-of-the-water survival crafts;
        (2) to protect individuals from hypothermia and cold shock in 
    water having a temperature of less than 68 degrees Fahrenheit;
        (3) for safe egress of passengers wearing personal flotation 
    devices; and
        (4) for the enforcement efforts and degree of compliance 
    regarding the 1996 amendments to the Small Passenger Vessel 
    Regulations (part 185 of title 46, Code of Federal Regulations) 
    requiring the master of a small passenger vessel to require 
    passengers to wear personal flotation devices when possible 
    hazardous conditions exist including--
            (A) when transiting hazardous bars or inlets;
            (B) during severe weather;
            (C) in the event of flooding, fire, or other events that 
        may call for evacuation; and
            (D) when the vessel is being towed, except during the 
        towing of a non-self-propelled vessel under normal operating 
        conditions.
    (b) Contents.--The report under this section shall include--
        (1) a section regarding the efforts the Coast Guard has 
    undertaken to enforce the regulations described in subsection 
    (a)(4);
        (2) a section detailing compliance with these regulations, to 
    include the number of vessels and masters cited for violations of 
    those regulations for fiscal years 1998 through 2003;
        (3) a section detailing the number and types of marine 
    casualties that occurred in fiscal years 1998 through 2003 that 
    included violations of those regulations; and
        (4) a section providing recommendation on improving compliance 
    with, and possible modifications to, those regulations.

SEC. 625. CONVEYANCE OF MOTOR LIFEBOAT.

    (a) In General.--The Commandant of the Coast Guard shall convey all 
right, title, and interest of the United States in and to the Coast 
Guard 44-foot Motor Lifeboat Vessel #44345 formerly assigned to the 
Group Grand Haven Command, to the city of Ludington, Michigan, without 
consideration, if the recipient complies with the conditions under 
subsection (b).
    (b) Conditions.--As a condition of any conveyance of a vessel under 
subsection (a), the Commandant shall require the recipient to--
        (1) agree--
            (A) to use the vessel for purposes of education and 
        historical display;
            (B) not to use the vessel for commercial transportation 
        purposes;
            (C) to make the vessel available to the United States 
        Government if needed for use by the Commandant in time of war 
        or a national emergency; and
            (D) to hold the Government harmless for any claims arising 
        from exposure to hazardous materials, including asbestos and 
        polychlorinated biphenyls (PCBs), after conveyance of the 
        vessel, except for claims arising from use of the vessel by the 
        Government under subparagraph (C);
        (2) have funds available that will be committed to operate and 
    maintain the vessel conveyed in good working condition, in the form 
    of cash, liquid assets, or a written loan commitment; and
        (3) agree to any other conditions the Commandant considers 
    appropriate.
    (c) Maintenance and Delivery of Vessel.--Before conveying a vessel 
under this section, the Commandant shall, to the extent practical, and 
subject to other Coast Guard mission requirements, make every effort to 
maintain the integrity of the vessel and its equipment until the time 
of delivery. The Commandant shall deliver a vessel conveyed under this 
section at the place where the vessel is located, in its present 
condition, and without cost to the Government. The conveyance of a 
vessel under this section shall not be considered a distribution in 
commerce for purposes of section 6(e) of Public Law 94-469 (15 U.S.C. 
2605(e)).
    (d) Other Excess Equipment.--The Commandant may convey to the 
recipient of a vessel under this section any excess equipment or parts 
from other decommissioned Coast Guard vessels for use to enhance the 
vessel's operability and function as an historical display.

SEC. 626. STUDY ON ROUTING MEASURES.

    The Secretary of the department in which the Coast Guard is 
operating--
        (1) shall cooperate with the Administrator of the National 
    Oceanic and Atmospheric Administration in analyzing potential 
    vessel routing measures for reducing vessel strikes of North 
    Atlantic Right Whales, as described in the notice published at 
    pages 30857 through 30861 of volume 69 of the Federal Register; and
        (2) within 18 months after the date of the enactment of this 
    Act, shall provide a final report of its analysis to the Committee 
    on Commerce, Science, and Transportation of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives.

SEC. 627. CONVEYANCE OF LIGHT STATIONS.

    Section 308(c) of the National Historic Preservation Act (16 U.S.C. 
470w-7(c)) is amended by adding at the end the following:
        ``(4) Light stations originally conveyed under other 
    authority.--Upon receiving notice of an executed or intended 
    conveyance by an owner who--
            ``(A) received from the Federal Government under authority 
        other than this Act an historic light station in which the 
        United States retains a reversionary or other interest; and
            ``(B) is conveying it to another person by sale, gift, or 
        any other manner,
    the Secretary shall review the terms of the executed or proposed 
    conveyance to ensure that any new owner is capable of or is 
    complying with any and all conditions of the original conveyance. 
    The Secretary may require the parties to the conveyance and 
    relevant Federal agencies to provide such information as is 
    necessary to complete this review. If the Secretary determines that 
    the new owner has not or is unable to comply with those conditions, 
    the Secretary shall immediately advise the Administrator, who shall 
    invoke any reversionary interest or take such other action as may 
    be necessary to protect the interests of the United States.''.

SEC. 628. WAIVER.

    The Secretary of the department in which the Coast Guard is 
operating may waive the application of section 2101(21) of title 46, 
United States Code, with respect to one of two adult chaperones who do 
not meet the requirements of subparagraph (A)(i), (ii), or (iii) of 
such section on board each vessel owned or chartered by the Florida 
National High Adventure Sea Base program of the Boy Scouts of America, 
if the Secretary determines that such a waiver will not compromise 
safety.

SEC. 629. APPROVAL OF MODULAR ACCOMMODATION UNITS FOR LIVING QUARTERS.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall approve the use of a modular accommodation 
unit on a floating offshore facility to provide accommodations for up 
to 12 individuals, if --
        (1) the unit is approximately 12 feet in length and 40 feet in 
    width;
        (2) before March 31, 2002--
            (A) the Secretary approved use of the unit to provide 
        accommodations on such a facility; and
            (B) the unit was used to provide such accommodations; and
        (3) the Secretary determines that use of the unit under the 
    approval will not compromise safety.
    (b) Application.--The approval by the Secretary under this section 
shall apply for the 5-year period beginning on the date of the 
enactment of this Act.

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

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

    (a) Nontank Vessel Defined.--Section 311(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321) is amended--
        (1) by striking ``and'' after the semicolon in paragraph 
    (24)(B);
        (2) by striking ``threat.'' in paragraph (25) and inserting 
    ``threat; and''; and
        (3) by adding at the end the following:
        ``(26) `nontank vessel' means a self-propelled vessel of 400 
    gross tons as measured under section 14302 of title 46, United 
    States Code, or greater, other than a tank vessel, that carries oil 
    of any kind as fuel for main propulsion and that--
            ``(A) is a vessel of the United States; or
            ``(B) operates on the navigable waters of the United 
        States.''.
    (b) Amendments To Require Response Plans.--Section 311(j) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended--
        (1) in paragraph (5) in the heading by inserting ``, nontank 
    vessel,'' after ``vessel'';
        (2) in paragraph (5)(A)--
            (A) by inserting: ``(i)'' after ``(A)''; and
            (B) by adding at the end the following:
        ``(ii) The President shall also issue regulations which require 
    an owner or operator of a non-tank vessel to prepare and submit to 
    the President a plan for responding, to the maximum extent 
    practicable, to a worst case discharge, and to a substantial threat 
    of such a discharge, of oil.'';
        (3) in paragraph (5)(B), in the matter preceding clause (i), by 
    inserting ``, nontank vessels,'' after ``vessels'';
        (4) in paragraph (5)(B), by redesignating clauses (ii) and 
    (iii) as clauses (iii) and (iv), respectively, and by inserting 
    after clause (i) the following:
            ``(ii) A nontank vessel.'';
        (5) in paragraph (5)(D)--
            (A) by inserting ``, nontank vessel,'' after ``vessel'';
            (B) by striking ``and'' after the semicolon at the end of 
        clause (iii);
            (C) by striking the period at the end of clause (iv) and 
        inserting ``; and''; and
            (D) by adding after clause (iv) the following:
            ``(v) in the case of a plan for a nontank vessel, consider 
        any applicable State-mandated response plan in effect on the 
        date of the enactment of the Coast Guard and Maritime 
        Transportation Act of 2004 and ensure consistency to the extent 
        practicable.'';
        (6) by inserting ``non-tank vessel,'' in paragraph (5)(E) after 
    ``vessel,'' each place it appears;
        (7) in paragraph (5)(F)--
            (A) by inserting ``non-tank vessel,'' after ``vessel,'';
            (B) by striking ``vessel or'' and inserting ``vessel, non-
        tank vessel, or''.
        (8) in paragraph (5)(G) by inserting ``nontank vessel,'' after 
    ``vessel,'';
        (9) in paragraph (5)(H) by inserting ``and nontank vessel'' 
    after ``each tank vessel;
        (10) in paragraph (6) in the matter preceding subparagraph (A) 
    by striking ``Not later than 2 years after the date of enactment of 
    this section, the President shall require--'' and inserting ``The 
    President may require--'';
        (11) in paragraph (6)(B) by inserting ``, and nontank vessels 
    carrying oil of any kind as fuel for main propulsion,'' after 
    ``cargo''; and
        (12) in paragraph (7) by inserting ``, nontank vessel,'' after 
    ``vessel''.
    (c) Implementation Date.--No later than one year after the date of 
enactment of this Act, the owner or operator of a nontank vessel (as 
defined section 311(j)(9) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(j)(9), as amended by this section) shall prepare and 
submit a vessel response plan for such vessel.
    (d) Addition of Noxious Liquid Substances to the List of Hazardous 
Substances for Which the Coast Guard May Require a Response Plan.--
Section 311(j)(5) of the Federal Water Pollution Control Act (33 
U.S.C.1321(j)(5)) is further amended--
        (1) by redesignating subparagraphs (B) through (H) as 
    subparagraphs (C) through (I), respectively;
        (2) by inserting after subparagraph (A) the following:
        ``(B) The Secretary of the Department in which the Coast Guard 
    is operating may issue regulations which require an owner or 
    operator of a tank vessel, a non-tank vessel, or a facility 
    described in subparagraph (C) that transfers noxious liquid 
    substances in bulk to or from a vessel to prepare and submit to the 
    Secretary a plan for responding, to the maximum extent practicable, 
    to a worst case discharge, and to a substantial threat of such a 
    discharge, of a noxious liquid substance that is not designated as 
    a hazardous substance or regulated as oil in any other law or 
    regulation. For purposes of this paragraph, the term `noxious 
    liquid substance' has the same meaning when that term is used in 
    the MARPOL Protocol described in section 2(a)(3) of the Act to 
    Prevent Pollution from Ships (33 U.S.C. 1901(a)(3)).'';
        (3) by striking ``subparagraph (B)'' in subparagraph (A) and 
    inserting ``subparagraph (C)'';
        (4) by striking ``subparagraph (A)'' in subparagraph (C), as 
    redesignated, and inserting ``subparagraphs (A) and (B)''; and
        (5) by striking ``subparagraph (D),'' in clause (i) of 
    subparagraph (F), as redesignated, and inserting ``subparagraph 
    (E),''.

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

    (a) Requirements.--Section 4110 of the Oil Pollution Act of 1990 
(46 U.S.C. 3703 note) is amended--
        (1) in subsection (a), by striking ``Not later than 1 year 
    after the date of the enactment of this Act, the Secretary shall'' 
    and inserting ``The Secretary may''; and
        (2) in subsection (b)--
            (A) by striking ``Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall'' and inserting 
        ``No sooner than 1 year after the Secretary prescribes 
        regulations under subsection (a), the Secretary may''; and
            (B) by striking ``the standards'' and inserting ``any 
        standards''.
    (b) Study.--
        (1) Study requirement.--The Secretary of the department in 
    which the Coast Guard is operating shall conduct a study analyzing 
    the costs and benefits of methods other than those described in 
    subsections (a) and (b) of section 4110 of the Oil Pollution Act of 
    1990 for effectively detecting the loss of oil from oil cargo 
    tanks. The study may include technologies, monitoring procedures, 
    and other methods.
        (2) Input.--In conducting the study, the Secretary may seek 
    input from Federal agencies, industry, and other entities.
        (3) Report.--The Secretary shall submit a report on the 
    findings and conclusions of the study to the Committee on Commerce, 
    Science, and Transportation of the Senate and Committee on 
    Transportation and Infrastructure of the House of Representatives 
    by not later than 180 days after the date of the enactment of this 
    Act.

SEC. 703. LIABILITY AND COST RECOVERY.

    (a) Definition of Owner or Operator.--Section 1001(26) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701(26)) is amended to read as 
follows:
        ``(26) `owner or operator'--
            ``(A) means--
                ``(i) in the case of a vessel, any person owning, 
            operating, or chartering by demise, the vessel;
                ``(ii) in the case of an onshore or offshore facility, 
            any person owning or operating such facility;
                ``(iii) in the case of any abandoned offshore facility, 
            the person who owned or operated such facility immediately 
            prior to such abandonment;
                ``(iv) in the case of any facility, title or control of 
            which was conveyed due to bankruptcy, foreclosure, tax 
            delinquency, abandonment, or similar means to a unit of 
            State or local government, any person who owned, operated, 
            or otherwise controlled activities at such facility 
            immediately beforehand;
                ``(v) notwithstanding subparagraph (B)(i), and in the 
            same manner and to the same extent, both procedurally and 
            substantively, as any nongovernmental entity, including for 
            purposes of liability under section 1002, any State or 
            local government that has caused or contributed to a 
            discharge or substantial threat of a discharge of oil from 
            a vessel or facility ownership or control of which was 
            acquired involuntarily through--

                    ``(I) seizure or otherwise in connection with law 
                enforcement activity;
                    ``(II) bankruptcy;
                    ``(III) tax delinquency;
                    ``(IV) abandonment; or
                    ``(V) other circumstances in which the government 
                involuntarily acquires title by virtue of its function 
                as sovereign;

                ``(vi) notwithstanding subparagraph (B)(ii), a person 
            that is a lender and that holds indicia of ownership 
            primarily to protect a security interest in a vessel or 
            facility if, while the borrower is still in possession of 
            the vessel or facility encumbered by the security interest, 
            the person--

                    ``(I) exercises decision making control over the 
                environmental compliance related to the vessel or 
                facility, such that the person has undertaken 
                responsibility for oil handling or disposal practices 
                related to the vessel or facility; or
                    ``(II) exercises control at a level comparable to 
                that of a manager of the vessel or facility, such that 
                the person has assumed or manifested responsibility--

                        ``(aa) for the overall management of the vessel 
                    or facility encompassing day-to-day decision making 
                    with respect to environmental compliance; or
                        ``(bb) over all or substantially all of the 
                    operational functions (as distinguished from 
                    financial or administrative functions) of the 
                    vessel or facility other than the function of 
                    environmental compliance; and
            ``(B) does not include--
                ``(i) A unit of state or local government that acquired 
            ownership or control of a vessel or facility involuntarily 
            through--

                    ``(I) seizure or otherwise in connection with law 
                enforcement activity;
                    ``(II) bankruptcy;
                    ``(III) tax delinquency;
                    ``(IV) abandonment; or
                    ``(V) other circumstances in which the government 
                involuntarily acquires title by virtue of its function 
                as sovereign;

                ``(ii) a person that is a lender that does not 
            participate in management of a vessel or facility, but 
            holds indicia of ownership primarily to protect the 
            security interest of the person in the vessel or facility; 
            or
                ``(iii) a person that is a lender that did not 
            participate in management of a vessel or facility prior to 
            foreclosure, notwithstanding that the person--

                    ``(I) forecloses on the vessel or facility; and
                    ``(II) after foreclosure, sells, re-leases (in the 
                case of a lease finance transaction), or liquidates the 
                vessel or facility, maintains business activities, 
                winds up operations, undertakes a removal action under 
                section 311(c) of the Federal Water Pollution Control 
                Act (33 U.S.C. 1321(c)) or under the direction of an 
                on-scene coordinator appointed under the National 
                Contingency Plan, with respect to the vessel or 
                facility, or takes any other measure to preserve, 
                protect, or prepare the vessel or facility prior to 
                sale or disposition,

            if the person seeks to sell, re-lease (in the case of a 
            lease finance transaction), or otherwise divest the person 
            of the vessel or facility at the earliest practicable, 
            commercially reasonable time, on commercially reasonable 
            terms, taking into account market conditions and legal and 
            regulatory requirements;''.
    (b) Other Definitions.--Section 1001 of the Oil Pollution Act of 
1990 (33 U.S.C. 2701) is amended 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 
        placement of the oil on, in, or at the real property on which 
        the facility concerned is located;
            ``(B) one or more of the circumstances described in 
        subparagraph (A), (B), or (C) of paragraph (2) is established 
        by the responsible party by a preponderance of the evidence; 
        and
            ``(C) the responsible party complies with paragraph (3).
        ``(2) Required circumstance.--The circumstances referred to in 
    paragraph (1)(B) are the following:
            ``(A) At the time the responsible party acquired the real 
        property on which the facility is located the responsible party 
        did not know and had no reason to know that oil that is the 
        subject of the discharge or substantial threat of discharge was 
        located on, in, or at the facility.
            ``(B) The responsible party is a government entity that 
        acquired the facility--
                ``(i) by escheat;
                ``(ii) through any other involuntary transfer or 
            acquisition; or
                ``(iii) through the exercise of eminent domain 
            authority by purchase or condemnation.
            ``(C) The responsible party acquired the facility by 
        inheritance or bequest.
        ``(3) Additional requirements.--For purposes of paragraph 
    (1)(C), the responsible party must establish by a preponderance of 
    the evidence that the responsible party--
            ``(A) has satisfied the requirements of section 
        1003(a)(3)(A) and (B);
            ``(B) has provided full cooperation, assistance, and 
        facility access to the persons that are authorized to conduct 
        removal actions, including the cooperation and access necessary 
        for the installation, integrity, operation, and maintenance of 
        any complete or partial removal action;
            ``(C) is in compliance with any land use restrictions 
        established or relied on in connection with the removal action; 
        and
            ``(D) has not impeded the effectiveness or integrity of any 
        institutional control employed in connection with the removal 
        action.
        ``(4) Reason to know.--
            ``(A) Appropriate inquiries.--To establish that the 
        responsible party had no reason to know of the matter described 
        in paragraph (2)(A), the responsible party must demonstrate to 
        a court that--
                ``(i) on or before the date on which the responsible 
            party acquired the real property on which the facility is 
            located, the responsible party carried out all appropriate 
            inquiries, as provided in subparagraphs (B) and (D), into 
            the previous ownership and uses of the real property on 
            which the facility is located in accordance with generally 
            accepted good commercial and customary standards and 
            practices; and
                ``(ii) the responsible party took reasonable steps to--

                    ``(I) stop any continuing discharge;
                    ``(II) prevent any substantial threat of discharge; 
                and
                    ``(III) prevent or limit any human, environmental, 
                or natural resource exposure to any previously 
                discharged oil.

            ``(B) Regulations establishing standards and practices.--
        Not later than 2 years after the date of the enactment of this 
        paragraph, the Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency, shall by 
        regulation establish standards and practices for the purpose of 
        satisfying the requirement to carry out all appropriate 
        inquiries under subparagraph (A).
            ``(C) Criteria.--In promulgating regulations that establish 
        the standards and practices referred to in subparagraph (B), 
        the Secretary shall include in such standards and practices 
        provisions regarding each of the following:
                ``(i) The results of an inquiry by an environmental 
            professional.
                ``(ii) Interviews with past and present owners, 
            operators, and occupants of the facility and the real 
            property on which the facility is located for the purpose 
            of gathering information regarding the potential for oil at 
            the facility and on the real property on which the facility 
            is located.
                ``(iii) Reviews of historical sources, such as chain of 
            title documents, aerial photographs, building department 
            records, and land use records, to determine previous uses 
            and occupancies of the real property on which the facility 
            is located since the property was first developed.
                ``(iv) Searches for recorded environmental cleanup 
            liens against the facility and the real property on which 
            the facility is located that are filed under Federal, 
            State, or local law.
                ``(v) Reviews of Federal, State, and local government 
            records, waste disposal records, underground storage tank 
            records, and waste handling, generation, treatment, 
            disposal, and spill records, concerning oil at or near the 
            facility and on the real property on which the facility is 
            located.
                ``(vi) Visual inspections of the facility, the real 
            property on which the facility is located, and adjoining 
            properties.
                ``(vii) Specialized knowledge or experience on the part 
            of the responsible party.
                ``(viii) The relationship of the purchase price to the 
            value of the facility and the real property on which the 
            facility is located, if oil was not at the facility or on 
            the real property.
                ``(ix) Commonly known or reasonably ascertainable 
            information about the facility and the real property on 
            which the facility is located.
                ``(x) The degree of obviousness of the presence or 
            likely presence of oil at the facility and on the real 
            property on which the facility is located, and the ability 
            to detect the oil by appropriate investigation.
            ``(D) Interim standards and practices.--
                ``(i) Real property purchased before may 31, 1997.--
            With respect to real property purchased before May 31, 
            1997, in making a determination with respect to a 
            responsible party described in subparagraph (A), a court 
            shall take into account--

                    ``(I) any specialized knowledge or experience on 
                the part of the responsible party;
                    ``(II) the relationship of the purchase price to 
                the value of the facility and the real property on 
                which the facility is located, if the oil was not at 
                the facility or on the real property;
                    ``(III) commonly known or reasonably ascertainable 
                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 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.''.

SEC. 704. OIL SPILL RECOVERY INSTITUTE.

    Section 5006 of the Oil Pollution Act of 1990 (33 U.S.C. 2736) is 
amended--
        (1) in the first subsection (c), as added by section 1102(b)(4) 
    of Public Law 104-324 (110 Stat. 3965), by striking ``with the 
    eleventh year following the date of enactment of the Coast Guard 
    Authorization Act of 1996,'' and inserting ``October 1, 2012''; and
        (2) by redesignating the second subsection (c) as subsection 
    (d).

SEC. 705. ALTERNATIVES.

    Section 4115(e)(3) of the Oil Pollution Act of 1990 (46 U.S.C. 
3703a note) is amended to read as follows:
        ``(3) No later than one year after the date of enactment of the 
    Coast Guard and Maritime Transportation Act of 2004, the Secretary 
    shall, taking into account the recommendations contained in the 
    report by the Marine Board of the National Research Council 
    entitled `Environmental Performance of Tanker Design in Collision 
    and Grounding' and dated 2001, establish and publish an 
    environmental equivalency evaluation index (including the 
    methodology to develop that index) to assess overall outflow 
    performance due to collisions and groundings for double hull tank 
    vessels and alternative hull designs.''.

SEC. 706. AUTHORITY TO SETTLE.

    Section 1015 of the Oil Pollution Act of 1990 (33 U.S.C. 2715) is 
amended by adding at the end the following:
    ``(d) Authority To Settle.--The head of any department or agency 
responsible for recovering amounts for which a person is liable under 
this title may consider, compromise, and settle a claim for such 
amounts, including such costs paid from the Fund, if the claim has not 
been referred to the Attorney General. In any case in which the total 
amount to be recovered may exceed $500,000 (excluding interest), a 
claim may be compromised and settled under the preceding sentence only 
with the prior written approval of the Attorney General.''.

SEC. 707. REPORT ON IMPLEMENTATION OF THE OIL POLLUTION ACT OF 1990.

    No later than 180 days after the date of the enactment of this Act, 
the Commandant of the Coast Guard shall provide a written report to the 
Committee on Commerce, Science, and Transportation and the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
shall include the following:
        (1) The status of the levels of funds currently in the Oil 
    Spill Liability Trust Fund and projections for levels of funds over 
    the next 5 years, including a detailed accounting of expenditures 
    of funds from the Oil Spill Liability Trust Fund for each of fiscal 
    years 2000 through 2004 by all agencies that receive such funds.
        (2) The domestic and international implications of changing the 
    phase-out date for single hull vessels pursuant to section 3703a of 
    title 46, United States Code, from 2015 to 2010.
        (3) The costs and benefits of requiring vessel monitoring 
    systems on tank vessels used to transport oil or other hazardous 
    cargo, and of using additional aids to navigation, such as RACONs.
        (4) A summary of the extent to which the response costs and 
    damages for oil spill incidents have exceeded the liability limits 
    established in section 1004 of the Oil Pollution Act of 1990 (33 
    U.S.C. 2704), and a description of the steps that the Coast Guard 
    has taken or plans to take to implement subsection (d)(4) of that 
    section.
        (5) A summary of manning, inspection, and other safety issues 
    for tank barges and towing vessels used in connection with them, 
    including--
            (A) a description of applicable Federal regulations, 
        guidelines, and other policies;
            (B) a record of infractions of applicable requirements 
        described in subparagraph (A) over the past 10 years;
            (C) an analysis of oil spill data over the past 10 years, 
        comparing the number and size of oil spills from tank barges 
        with those from tanker vessels of a similar size; and
            (D) recommendations on areas of possible improvements to 
        existing regulations, guidelines and policies with respect to 
        tank barges and towing vessels.

SEC. 708. LOANS FOR FISHERMEN AND AQUACULTURE PRODUCERS IMPACTED BY OIL 
              SPILLS.

    (a) Interest; Partial Payment of Claims.--Section 1013 of the Oil 
Pollution Act of 1990 (33 U.S.C. 2713) is amended by adding at the end 
the following:
    ``(f) Loan Program.--
        ``(1) In general.--The President shall establish a loan program 
    under the Fund to provide interim assistance to fishermen and 
    aquaculture producer claimants during the claims procedure.
        ``(2) Eligibility for loan.--A loan may be made under paragraph 
    (1) only to a fisherman or aquaculture producer that--
            ``(A) has incurred damages for which claims are authorized 
        under section 1002;
            ``(B) has made a claim pursuant to this section that is 
        pending; and
            ``(C) has not received an interim payment under section 
        1005(a) for the amount of the claim, or part thereof, that is 
        pending.
        ``(3) Terms and conditions of loans.--A loan awarded under 
    paragraph (1)--
            ``(A) shall have flexible terms, as determined by the 
        President;
            ``(B) shall be for a period ending on the later of--
                ``(i) the date that is 5 years after the date on which 
            the loan is made; or
                ``(ii) the date on which the fisherman or aquaculture 
            producer receives payment for the claim to which the loan 
            relates under the procedure established by subsections (a) 
            through (e) of this section; and
            ``(C) shall be at a low interest rate, as determined by the 
        President.''.
    (b) Uses of the Fund.--Section 1012(a) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)) is amended--
        (1) by striking ``Act.'' in paragraph (5)(C) and inserting 
    ``Act; and''; and
        (2) by adding at the end the following:
        ``(6) the making of loans pursuant to the program established 
    under section 1013(f).''.
    (c) Study.--Not later than 270 days after the date of enactment of 
this Act, the Secretary of Commerce, in consultation with the 
Administrator of the Environmental Protection Agency, shall submit to 
the Congress a study that contains--
        (1) an assessment of the effectiveness of the claims procedures 
    and emergency response programs under the Oil Pollution Act of 1990 
    (33 U.S.C. 2701 et seq.) concerning claims filed by, and emergency 
    responses carried out to protect the interests of, fishermen and 
    aquaculture producers; and
        (2) any legislative or other recommendations to improve the 
    procedures and programs referred to in paragraph (1).

              TITLE VIII--MARITIME TRANSPORTATION SECURITY

SEC. 801. ENFORCEMENT.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end the following:

``Sec. 70118. Firearms, arrests, and seizure of property

    ``Subject to guidelines approved by the Secretary, members of the 
Coast Guard may, in the performance of official duties--
        ``(1) carry a firearm; and
        ``(2) while at a facility--
            ``(A) make an arrest without warrant for any offense 
        against the United States committed in their presence; and
            ``(B) seize property as otherwise provided by law.

``Sec. 70119. Enforcement by State and local officers

    ``(a) In General.--Any State or local government law enforcement 
officer who has authority to enforce State criminal laws may make an 
arrest for violation of a security zone regulation prescribed under 
section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 
U.S.C. 191) or security or safety zone regulation under section 7(b) of 
the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) or a safety zone 
regulation prescribed under section 10(d) of the Deepwater Port Act of 
1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized by law to 
prescribe such regulations, if--
        ``(1) such violation is a felony; and
        ``(2) the officer has reasonable grounds to believe that the 
    person to be arrested has committed or is committing such 
    violation.
    ``(b) Other Powers not Affected.--The provisions of this section 
are in addition to any power conferred by law to such officers. This 
section shall not be construed as a limitation of any power conferred 
by law to such officers, or any other officer of the United States or 
any State. This section does not grant to such officers any powers not 
authorized by the law of the State in which those officers are 
employed.''.
    (b) Clerical Amendment.--The chapter analysis at the beginning of 
chapter 701 of title 46, United States Code, is amended by adding at 
the end the following:
``70118. Enforcement.
``70119. Enforcement by State and local officers.''.

SEC. 802. IN REM LIABILITY FOR CIVIL PENALTIES AND COSTS.

    (a) Amendments to Title 46, United States Code.--Chapter 701 of 
title 46, United States Code, is amended--
        (1) by redesignating section 70117 as 70119; and
        (2) by inserting after section 70116 the following:

``Sec. 70117. In rem liability for civil penalties and certain costs

    ``(a) Civil Penalties.--Any vessel operated in violation of this 
chapter or any regulations prescribed under this chapter shall be 
liable in rem for any civil penalty assessed pursuant to section 70120 
for such violation, and may be proceeded against for such liability in 
the United States district court for any district in which the vessel 
may be found.
    ``(b) Reimbursable Costs of Service Providers.--A vessel shall be 
liable in rem for the reimbursable costs incurred by any service 
provider related to implementation and enforcement of this chapter and 
arising from a violation by the operator of the vessel of this chapter 
or any regulations prescribed under this chapter, and may be proceeded 
against for such liability in the United States district court for any 
district in which such vessel may be found.
    ``(c) Definitions.--In this subsection--
        ``(1) the term `reimbursable costs' means costs incurred by any 
    service provider acting in conformity with a lawful order of the 
    Federal government or in conformity with the instructions of the 
    vessel operator; and
        ``(2) the term `service provider' means any port authority, 
    facility or terminal operator, shipping agent, Federal, State, or 
    local government agency, or other person to whom the management of 
    the vessel at the port of supply is entrusted, for--
            ``(A) services rendered to or in relation to vessel crew on 
        board the vessel, or in transit to or from the vessel, 
        including accommodation, detention, transportation, and medical 
        expenses; and
            ``(B) required handling of cargo or other items on board 
        the vessel.

``Sec. 70118. Withholding of clearance

    ``(a) Refusal or Revocation of Clearance.--If any owner, agent, 
master, officer, or person in charge of a vessel is liable for a 
penalty under section 70119, or if reasonable cause exists to believe 
that the owner, agent, master, officer, or person in charge may be 
subject to a penalty under section 70120, the Secretary may, with 
respect to such vessel, refuse or revoke any clearance required by 
section 4197 of the Revised Statutes of the United States (46 U.S.C. 
App. 91).
    ``(b) Clearance Upon Filing of Bond or Other Surety.--The Secretary 
may require the filing of a bond or other surety as a condition of 
granting clearance refused or revoked under this subsection.''.
    (b) Act of June 15, 1917.--Section 2 of title II of the Act of June 
15, 1917 (chapter 30; 50 U.S.C. 192), is amended--
        (1) in subsection (c) by striking ``Act'' each place it appears 
    and inserting ``title''; and
        (2) by adding at the end the following:
    ``(d) In Rem Liability.--Any vessel that is used in violation of 
this title, or of any regulation issued under this title, shall be 
liable in rem for any civil penalty assessed pursuant to subsection (c) 
and may be proceeded against in the United States district court for 
any district in which such vessel may be found.
    ``(e) Withholding of Clearance.--
        ``(1) In general.--If any owner, agent, master, officer, or 
    person in charge of a vessel is liable for a penalty or fine under 
    subsection (c), or if reasonable cause exists to believe that the 
    owner, agent, master, officer, or person in charge may be subject 
    to a penalty or fine under this section, the Secretary may, with 
    respect to such vessel, refuse or revoke any clearance required by 
    section 4197 of the Revised Statutes of the United States (46 
    U.S.C. App. 91).
        ``(2) Clearance upon filing of bond or other surety.--The 
    Secretary may require the filing of a bond or other surety as a 
    condition of granting clearance refused or revoked under this 
    subsection.''.
    (c) Clerical Amendment.--The chapter analysis at the beginning of 
chapter 701 of title 46, United States Code, is amended by striking the 
last item and inserting the following:
``70117. In rem liability for civil penalties and certain costs.
``70118. Enforcement by injunction or withholding of clearance.
``70119. Civil penalty.''.

SEC. 803. MARITIME INFORMATION.

    (a) Maritime Intelligence.--Section 70113(a) of title 46, United 
States Code, is amended by adding at the end the following: ``The 
system may include a vessel risk profiling component that assigns 
incoming vessels a terrorism risk rating.''.
    (b) Vessel Tracking System.--Section 70115 of title 46, United 
States Code, is amended in the first sentence by striking ``may'' and 
inserting ``shall, consistent with international treaties, conventions, 
and agreements to which the United States is a party,''.
    (c) Maritime Information.--Within 90 days after the date of the 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
containing a plan for the implementation of section 70113 of title 46, 
United States Code. The plan shall--
        (1) identify Federal agencies with maritime information 
    relating to vessels, crew, passengers, cargo, and cargo shippers, 
    those agencies' maritime information collection and analysis 
    activities, and the resources devoted to those activities;
        (2) establish a lead agency within the Department of Homeland 
    Security to coordinate the efforts of other Department agencies in 
    the collection of maritime information and to identify and avoid 
    unwanted redundancy in those efforts;
        (3) identify redundancy in the collection and analysis of 
    maritime information by agencies within the department in which the 
    Coast Guard is operating;
        (4) establish a timeline for coordinating the collection of 
    maritime information among agencies within the department in which 
    the Coast Guard is operating;
        (5) include recommendations on co-locating agency personnel in 
    order to maximize expertise, minimize costs, and avoid redundancy 
    in both the collection and analysis of maritime information;
        (6) establish a timeline for the incorporation of information 
    on vessel movements derived through the implementation of sections 
    70114 and 70115 of title 46, United States Code, into the system 
    for collecting and analyzing maritime information;
        (7) include recommendations on educating Federal officials on 
    the identification of security risks posed through commercial 
    maritime transportation operations;
        (8) include an assessment of the availability and expertise of 
    private sector maritime information resources;
        (9) include recommendations on how private sector maritime 
    information resources could be utilized to analyze maritime 
    security risks;
        (10) include recommendations on how to disseminate information 
    collected and analyzed through Federal maritime security 
    coordinators, including the manner and extent to which State, 
    local, and private security personnel should be utilized, which 
    should be developed after consideration by the Secretary of the 
    need for nondisclosure of sensitive security information; and
        (11) include recommendations on the need for and how the 
    department could help support a maritime information sharing and 
    analysis center for the purpose of collecting and disseminating 
    real-time or near real-time information to and from public and 
    private entities, along with recommendations on the appropriate 
    levels of funding to help disseminate maritime security information 
    to the private sector.
    (d) Limitation on Establishment of Lead Agency.--The Secretary may 
not establish a lead agency within the Department of Homeland Security 
to coordinate the efforts of other Department agencies in the 
collection of maritime information, until at least 90 days after the 
plan under subsection (c) is submitted to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.

SEC. 804. MARITIME TRANSPORTATION SECURITY GRANTS.

    (a) Grant Program.--Section 70107(a) of title 46, United States 
Code, is amended to read as follows:
    ``(a) In General.--The Secretary shall establish a grant program 
for making a fair and equitable allocation of funds to implement Area 
Maritime Transportation Security Plans and facility security plans 
among port authorities, facility operators, and State and local 
government agencies required to provide port security services. Before 
awarding a grant under the program, the Secretary shall provide for 
review and comment by the appropriate Federal Maritime Security 
Coordinators and the Maritime Administrator. In administering the grant 
program, the Secretary shall take into account national economic and 
strategic defense concerns.''.
    (b) Secretary Administering.--Section 70107 of title 46, United 
States Code, is amended--
        (1) by striking ``Secretary of Transportation'' each place it 
    appears and inserting ``Secretary'';
        (2) by striking ``Department of Transportation'' each place it 
    appears and inserting ``department in which the Coast Guard is 
    operating''.
    (c) Effective Date.--Subsections (a) and (b)--
        (1) shall take effect October 1, 2004; and
        (2) shall not affect any grant made before that date.
    (d) Report on Design of Maritime Transportation Security Grant 
Program.--Within 90 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
transmit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of House of Representatives on the design of the 
maritime transportation security grant program established under 
section 70107(a) of title 46, United States Code. In the report, the 
Secretary shall include recommendations on--
        (1) whether the grant program should be discretionary or 
    formula-based and the reasons for the recommendation;
        (2) requirements for ensuring that Federal funds will not be 
    substituted for grantee funds;
        (3) targeting requirements to ensure that funding is directed 
    in a manner that considers--
            (A) national economic and strategic defense concerns; and
            (B) the fiscal capacity of the recipients to fund facility 
        security plan requirements without grant funds; and
        (4) matching requirements to ensure that Federal funds provide 
    an incentive to grantees for the investment of their own funds in 
    the improvements financed in part by Federal funds provided under 
    the program.

SEC. 805. SECURITY ASSESSMENT OF WATERS UNDER THE JURISDICTION OF THE 
              UNITED STATES.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of the department in which the Coast Guard is 
operating shall--
        (1) conduct a vulnerability assessment under section 70102(b) 
    of title 46, United States Code, of the waters under the 
    jurisdiction of the United States that are adjacent to nuclear 
    facilities that may be damaged by a transportation security 
    incident as defined in section 70101 (6) of title 46, United States 
    Code;
        (2) coordinate with the appropriate Federal agencies in 
    preparing the vulnerability assessment required under paragraph 
    (1); and
        (3) submit the vulnerability assessments required under 
    paragraph (1) to the Committee on Transportation and Infrastructure 
    of the House of Representatives and the Committee on Commerce, 
    Science, and Transportation of the Senate.

SEC. 806. MEMBERSHIP OF AREA MARITIME SECURITY ADVISORY COMMITTEES.

    Section 70112(b) of title 46, United States Code, is amended by 
adding at the end to following:
        ``(5) The membership of an Area Maritime Security Advisory 
    Committee shall include representatives of the port industry, 
    terminal operators, port labor organizations, and other users of 
    the port areas.''.

SEC. 807. JOINT OPERATIONAL CENTERS FOR PORT SECURITY.

    The Commandant of the Coast Guard shall report to the Congress, 
within 180 days after the date of the enactment of this Act, on the 
implementation and use of joint operational centers for port security 
at certain United States seaports. The report shall--
        (1) compare and contrast the composition and operational 
    characteristics of existing joint operational centers for port 
    security, including those in Norfolk, Virginia, Charleston, South 
    Carolina, and San Diego, California;
        (2) examine the use of such centers to implement--
            (A) the plans developed under section 70103 of title 46, 
        United States Code;
            (B) maritime intelligence activities under section 70113 of 
        title 46, United States Code;
            (C) short and long range vessel tracking under sections 
        70114 and 70115 of title 46, United States Code; and
            (D) secure transportation systems under section 70116 of 
        title 46, United States Code; and
        (3) estimate the number, location and costs of such centers 
    necessary to implement the activities authorized under sections 
    70103, 701113, 70114, 70115, and 70116 of title 46, United States 
    Code.

SEC. 808. INVESTIGATIONS.

    (a) In General.--Section 70107 of title 46, United States Code, is 
amended by striking subsection (i) and inserting the following:
    ``(i) Investigations.--
        ``(1) In general.--The Secretary shall conduct investigations, 
    fund pilot programs, and award grants, to examine or develop--
            ``(A) methods or programs to increase the ability to target 
        for inspection vessels, cargo, crewmembers, or passengers that 
        will arrive or have arrived at any port or place in the United 
        States;
            ``(B) equipment to detect accurately explosives, chemical, 
        or biological agents that could be used in a transportation 
        security incident against the United States;
            ``(C) equipment to detect accurately nuclear or 
        radiological materials, including scintillation-based detection 
        equipment capable of signalling the presence of nuclear or 
        radiological materials;
            ``(D) improved tags and seals designed for use on shipping 
        containers to track the transportation of the merchandise in 
        such containers, including sensors that are able to track a 
        container throughout its entire supply chain, detect hazardous 
        and radioactive materials within that container, and transmit 
        that information to the appropriate law enforcement 
        authorities;
            ``(E) tools, including the use of satellite tracking 
        systems, to increase the awareness of maritime areas and to 
        identify potential transportation security incidents that could 
        have an impact on facilities, vessels, and infrastructure on or 
        adjacent to navigable waterways, including underwater access;
            ``(F) tools to mitigate the consequences of a 
        transportation security incident on, adjacent to, or under 
        navigable waters of the United States, including sensor 
        equipment, and other tools to help coordinate effective 
        response to a transportation security incident;
            ``(G) applications to apply existing technologies from 
        other areas or industries to increase overall port security;
            ``(H) improved container design, including blast-resistant 
        containers; and
            ``(I) methods to improve security and sustainability of 
        port facilities in the event of a maritime transportation 
        security incident, including specialized inspection facilities.
        ``(2) Implementation of technology.--
            ``(A) In general.--In conjunction with ongoing efforts to 
        improve security at United States ports, the Secretary may 
        conduct pilot projects at United States ports to test the 
        effectiveness and applicability of new port security projects, 
        including--
                ``(i) testing of new detection and screening 
            technologies;
                ``(ii) projects to protect United States ports and 
            infrastructure on or adjacent to the navigable waters of 
            the United States, including underwater access; and
                ``(iii) tools for responding to a transportation 
            security incident at United States ports and infrastructure 
            on or adjacent to the navigable waters of the United 
            States, including underwater access.
            ``(B) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary $35,000,000 for each of 
        fiscal years 2005 through 2009 to carry out this subsection.
        ``(3) National port security centers.--
            ``(A) In general.--The Secretary may make grants or enter 
        into cooperative agreements with eligible nonprofit 
        institutions of higher learning to conduct investigations in 
        collaboration with ports and the maritime transportation 
        industry focused on enhancing security of the Nation's ports in 
        accordance with this subsection through National Port Security 
        Centers.
            ``(B) Applications.--To be eligible to receive a grant 
        under this paragraph, a nonprofit institution of higher 
        learning, or a consortium of such institutions, shall submit an 
        application to the Secretary in such form and containing such 
        information as the Secretary may require.
            ``(C) Competitive selection process.--The Secretary shall 
        select grant recipients under this paragraph through a 
        competitive process on the basis of the following criteria:
                ``(i) Whether the applicant can demonstrate that 
            personnel, laboratory, and organizational resources will be 
            available to the applicant to carry out the investigations 
            authorized in this paragraph.
                ``(ii) The applicant's capability to provide leadership 
            in making national and regional contributions to the 
            solution of immediate and long-range port and maritime 
            transportation security and risk mitigation problems.
                ``(iii) Whether the applicant can demonstrate that is 
            has an established, nationally recognized program in 
            disciplines that contribute directly to maritime 
            transportation safety and education.
                ``(iv) Whether the applicant's investigations will 
            involve major United States ports on the East Coast, the 
            Gulf Coast, and the West Coast, and Federal agencies and 
            other entities with expertise in port and maritime 
            transportation.
                ``(v) Whether the applicant has a strategic plan for 
            carrying out the proposed investigations under the grant.
        ``(4) Administrative provisions.--
            ``(A) No duplication of effort.--Before making any grant, 
        the Secretary shall coordinate with other Federal agencies to 
        ensure the grant will not duplicate work already being 
        conducted with Federal funding.
            ``(B) Accounting.--The Secretary shall by regulation 
        establish accounting, reporting, and review procedures to 
        ensure that funds made available under paragraph (1) are used 
        for the purpose for which they were made available, that all 
        expenditures are properly accounted for, and that amounts not 
        used for such purposes and amounts not expended are recovered.
            ``(C) Recordkeeping.--Recipients of grants shall keep all 
        records related to expenditures and obligations of funds 
        provided under paragraph (1) and make them available upon 
        request to the Inspector General of the department in which the 
        Coast Guard is operating and the Secretary for audit and 
        examination.
        ``(5) Annual review and report.--The Inspector General of the 
    department in which the Coast Guard is operating shall annually 
    review the programs established under this subsection to ensure 
    that the expenditures and obligations of funds are consistent with 
    the purposes for which they are provided, and report the findings 
    to the Committee on Commerce, Science, and Transportation of the 
    Senate and the Committee on Transportation and Infrastructure of 
    the House of Representatives.''.

SEC. 809. VESSEL AND INTERMODAL SECURITY REPORTS.

    (a) In General.--Within 180 days after the date of the enactment of 
this Act, the Secretary of the department in which the Coast Guard is 
operating shall submit the reports and plan required under subsections 
(b), (c), (e), (f), and (j) to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.
    (b) Report Regarding Security Inspection of Vessels and Vessel-
Borne Cargo Containers Entering the United States.--
        (1) Requirement.--The Secretary shall prepare a report 
    regarding the numbers and types of vessels and vessel-borne cargo 
    containers that enter the United States in a year.
        (2) Contents.--The report shall include the following:
            (A) A section regarding security inspection of vessels that 
        includes the following:
                (i) A complete breakdown of the numbers and types of 
            vessels that entered the United States in the most recent 
            1-year period for which information is available.
                (ii) The cost incurred by the Federal Government in 
            inspecting such vessels in such 1-year period, including 
            specification and comparison of such cost for each type of 
            vessel.
                (iii) An estimate of the per-vessel cost that would be 
            incurred by the Federal Government in inspecting each type 
            of vessel that enters the United States each year, 
            including costs for personnel, vessels, equipment, and 
            funds.
                (iv) An estimate of the annual total cost that would be 
            incurred by the Federal Government in inspecting all 
            vessels that enter the United States each year, including 
            costs for personnel, vessels, equipment, and funds.
            (B) A section regarding security inspection of containers 
        that includes the following:
                (i) A complete breakdown of the numbers and types of 
            vessel-borne cargo containers that entered the United 
            States in the most recent 1-year period for which 
            information is available, including specification of the 
            number of 1 TEU containers and the number of 2 TEU 
            containers.
                (ii) The cost incurred by the Federal Government in 
            inspecting such containers in such 1-year period, including 
            specification and comparison of such cost for a 1 TEU 
            container and for a 2 TEU container, and the number of each 
            inspected.
                (iii) An estimate of the per-container cost that would 
            be incurred by the Federal Government in inspecting each 
            type of vessel-borne container that enters the United 
            States each year, including costs for personnel, vessels, 
            and equipment.
                (iv) An estimate of the annual total cost that would be 
            incurred by the Federal Government in inspecting, and where 
            allowed by international agreement, inspecting in a foreign 
            port, all vessel-borne containers that enter the United 
            States each year, including costs for personnel, vessels, 
            and equipment.
    (c) Plan for Implementing Secure Systems of Transportation.--The 
Secretary shall prepare a plan for the implementation of section 70116 
of title 46, United States Code. The plan shall--
        (1) include a timeline for establishing standards and 
    procedures pursuant to section 70116(b) of title 46, United States 
    Code;
        (2) provide a preliminary assessment of resources necessary to 
    evaluate and certify secure systems of transportation, and the 
    resources necessary to validate that the secure systems of 
    transportation are operating in compliance with the certification 
    requirements;
        (3) contain an analysis of whether establishing a voluntary 
    user fee to fund the certification of private secure systems of 
    transportation, paid for by the person applying for certification, 
    would enhance cargo security;
        (4) contain an analysis of the need for and feasibility of 
    establishing a system to inspect, monitor, and track intermodal 
    shipping containers within the United States; and
        (5) contain an analysis of the need for and feasibility of 
    developing international standards for secure systems of 
    transportation, including recommendations, that includes an 
    examination of working with appropriate international organizations 
    to develop standards to enhance the physical security of shipping 
    containers consistent with section 70116 of title 46, United States 
    Code.
    (d) Inspector General Implementation Report.--One year after the 
date on which the plan under subsection (c) is submitted to the 
Congress, the Inspector General of the department in which the Coast 
Guard is operating shall transmit a report evaluating the progress made 
by the department in implementing the plan to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives.
    (e) Report on Radiation Detectors.--The Secretary shall prepare a 
report on progress in the installation of a system of radiation 
detection at all major United States seaports, and a timeline and 
expected completion date for the system. In the report, the Secretary 
shall include a preliminary analysis of any issues related to the 
installation or efficacy of the radiation detection equipment, as well 
as a cost estimate for completing installation of the system.
    (f) Report on Nonintrusive Inspection at Foreign Ports.--The 
Secretary shall prepare a report--
        (1) on whether and to what extent foreign seaports have been 
    willing to utilize nonintrusive screening equipment at their ports 
    to screen cargo, including the number of cargo containers that have 
    been screened at foreign seaports, and the ports where they were 
    screened;
        (2) indicating which foreign ports may be willing to utilize 
    nonintrusive screening equipment for cargo exported for import into 
    the United States; and
        (3) indicating ways to increase the effectiveness of the United 
    States Government's targeting and screening activities outside the 
    United States and to what extent additional resources and program 
    changes will be necessary to maximize scrutiny of cargo in foreign 
    seaports that is destined for the United States.
    (g) Evaluation of Cargo Inspection Targeting System for 
International Intermodal Cargo Containers.--Within 180 days after the 
date of the enactment of this Act and annually thereafter, the 
Inspector General of the department in which the Coast Guard is 
operating shall prepare a report that includes an assessment of--
        (1) the effectiveness of the current tracking system to 
    determine whether it is adequate to prevent international 
    intermodal containers from being used for purposes of terrorism;
        (2) the sources of information, and the quality of the 
    information at the time of reporting, used by the system to 
    determine whether targeting information is collected from the best 
    and most credible sources and evaluate data sources to determine 
    information gaps and weaknesses;
        (3) the targeting system for reporting and analyzing inspection 
    statistics, as well as testing effectiveness;
        (4) the competence and training of employees operating the 
    system to determine whether they are sufficiently capable to detect 
    potential terrorist threats; and
        (5) whether the system is an effective system to detect 
    potential acts of terrorism and whether additional steps need to be 
    taken in order to remedy deficiencies in targeting international 
    intermodal containers for inspection.
    (h) Action Report.--If the Inspector General of the department in 
which the Coast Guard is operating determines in any of the reports 
prepared under subsection (g) that the targeting system is 
insufficiently effective as a means of detecting potential acts of 
terrorism utilizing international intermodal containers, then the 
Secretary of the department in which the Coast Guard is operating 
shall, within 90 days, submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure House of Representatives on what 
actions will be taken to correct deficiencies identified in the 
Inspector General Report.
    (i) Compliance With Security Standards Established Pursuant to 
Maritime Transportation Security Plans.--Within 180 days after the date 
of the enactment of this Act and annually thereafter, the Secretary of 
the department in which the Coast Guard is operating shall prepare a 
report on compliance and steps taken to ensure compliance by ports, 
terminals, vessel operators, and shippers with security standards 
established pursuant to section 70103 of title 46, United States Code. 
The reports shall also include a summary of security standards 
established pursuant to such section during the previous year. The 
Secretary shall submit the reports to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.
    (j) Empty Containers.--The Secretary of the department in which the 
Coast Guard is operating shall prepare a report on the practice and 
policies in place at United States ports to secure shipment of empty 
containers and trailers. The Secretary shall include in the report 
recommendations with respect to whether additional Federal actions are 
necessary to ensure the safe and secure delivery of cargo and to 
prevent potential acts of terrorism involving such containers and 
trailers.
    (k) Report and Plan Formats.--The Secretary and the Inspector 
General of the department in which the Coast Guard is operating may 
submit any plan or report required by this section in both classified 
and redacted formats, if the Secretary determines that it is 
appropriate or necessary.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```