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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        March 30, 2004.
    Resolved, That the bill from the House of Representatives (H.R. 
2443) entitled ``An Act to authorize appropriations for the Coast Guard 
for fiscal year 2004, to amend various laws administered by the Coast 
Guard, and for other purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization 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 PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT

Sec. 201. Enlisted member critical skill training bonus. 
Sec. 202. Amend limits to the number of commanders and lieutenant 
                            commanders.
Sec. 203. Expansion of Coast Guard housing authorities.
Sec. 204. Property owned by Auxiliary units and dedicated solely for 
                            Auxiliary use.
Sec. 205. Coast Guard Auxiliary units as instrumentalities of the 
                            United States for taxation purposes.
Sec. 206. Maximum age for retention in an active status.
Sec. 207. Term of enlistments.
Sec. 208. Requirement for constructive credit.
Sec. 209. Nonappropriated fund instrumentalities.
Sec. 210. Travel card management.
Sec. 211. Use of military child development centers and other programs.

TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION

Sec. 301. Marking of underwater wrecks.
Sec. 302. Prohibition on operation of certain electronic devices; ports 
                            and waterways partnerships and cooperative 
                            ventures.
Sec. 303. Reports from charterers.
Sec. 304. Revision of temporary suspension criteria in suspension and 
                            revocation cases.
Sec. 305. Revision of bases for suspension and revocation cases.
Sec. 306. Removal of mandatory revocation for proved drug convictions 
                            in suspension and revocation cases.
Sec. 307. Records of merchant mariners' documents.
Sec. 308. Exemption of unmanned barges from certain citizenship 
                            requirements.
Sec. 309. Increase in civil penalties for violations of certain bridge 
                            statutes.
Sec. 310. Civil penalties for failure to comply with recreational 
                            vessel and associated equipment safety 
                            standards.
Sec. 311. Correction to definition of Federal law enforcement agencies 
                            in the Enhanced Border Security and Visa 
                            Entry Reform Act of 2002.
Sec. 312. Stopping vessels; immunity for firing at or into vessel.
Sec. 313. Use of unexpended funds for bridge alterations under Truman-
                            Hobbs Act.
Sec. 314. Inland navigation rules promulgation authority.
Sec. 315. Prevention of departure.
Sec. 316. Compliance with international safety management code.
Sec. 317. Amendments to vessel response plan requirements.
Sec. 318. Requirements for tank level and pressure monitoring devices.
Sec. 319. Report on implementation of the Oil Pollution Act.
Sec. 320. Loans for fishermen impacted by oil spills.
Sec. 321. Fisheries enforcement plans and reporting.
Sec. 322. Deepwater report.
Sec. 323. Small passenger vessel safety.
Sec. 324. Electronic navigational charting.
Sec. 325. Measures for the protection of North Atlantic Right Whales 
                            from ship strikes.
Sec. 326. Foreign vessel security plans.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Conveyance of lighthouses.
Sec. 402. LORAN-C.
Sec. 403. Conveyance of decommissioned Coast Guard cutters.
Sec. 404. Koss Cove.
Sec. 405. Declaration of non-navigability for portion of the Wateree 
                            River.
Sec. 406. Correction of 2002 coastwise trade authorization provision.
Sec. 407. Innovative construction alternatives.
Sec. 408. Bridge administration.
Sec. 409. National Coast Guard Museum.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2004.--There are authorized to be appropriated for 
necessary expenses of the Coast Guard for fiscal year 2004 the 
following amounts:
            (1) For the operation and maintenance of the Coast Guard, 
        $4,913,000,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund, of which--
                    (A) $70,000,000 shall be available to analyze port 
                security plans prepared in compliance with chapter 701 
                of title 46, United States Code;
                    (B)$100,000,000 shall be available for increased 
                operating expenses due to heightened security efforts; 
                and
                    (C) $36,000,000 may be available for use in 
                commissioning 3 additional Marine Safety and Security 
                Teams.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,017,000,000 (of which $20,000,000 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, of which--
                    (A) $702,000,000 shall be available for the Coast 
                Guard's integrated deepwater system;
                    (B) $134,000,000 shall be available for the Coast 
                Guard's ``Rescue 21'' program; and
                    (C) $40,000,000 shall be available for the 
                Automatic Identification System.
            (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 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $22,000,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (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, $1,020,000,000, to remain 
        available until expended.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $17,000,000, to remain 
        available until expended.
            (6) 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--
                    (A) $16,000,000, 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.
            (7) For reserve training, $95,000,000.
    (b) Fiscal Year 2005.--There are authorized to be appropriated for 
necessary expenses of the Coast Guard for fiscal year 2005 the 
following amounts.
            (1) For the operation and maintenance of the Coast Guard, 
        $5,404,300,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,068,000,000 (of which $20,000,000 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, of which--
                    (A) $708,000,000 shall be available for the Coast 
                Guard's Integrated Deepwater System; and
                    (B) $161,000,000 shall be available for the Coast 
                Guard's Rescue 21 program.
            (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 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $24,2000,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (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, $1,122,000,000, to remain 
        available until expended.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $18,700,000, to remain 
        available until expended.
            (6) 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--
                    (A) $17,850,000, 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.
            (7) For reserve training $104,500,000.

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

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

  TITLE II--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT

SEC. 201. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 374. Critical skill training bonus
    ``(a) The Secretary may provide a bonus, not to exceed $20,000, to 
enlisted members who complete training in a skill designated as 
critical, provided at least four years of obligated active service 
remain on the member's enlistment at the time the training is 
completed. 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 his or her 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 shall 
charge interest on the reimbursed amount 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 preceding calendar quarter.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 11 of 
title 14, United States Code, is amended by inserting after the item 
relating to section 373 the following:

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

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

    Section 42 of title 14, United States Code, is amended --
            (1) by striking ``The'' in subsection (a) and inserting 
        ``Except in time of war or national emergency declared by 
        Congress or the President, the'';
            (2) by striking ``6,200.'' in subsection (a) and inserting 
        ``7,100. In time of war or national emergency, the Secretary 
        shall establish the total number of commissioned officers, 
        excluding commissioned warrant officers, on active duty in the 
        Coast Guard.''; and
            (3) by striking ``commander 12.0; lieutenant commander 
        18.0.'' in subsection (b) and inserting ``commander 15.0; 
        lieutenant commander 22.0.''.

SEC. 203. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.

    (a) Definitions.--Section 680 of title 14, United States Code, is 
amended by adding at the end the following:
            ``(5) The term `eligible entity' means any private person, 
        corporation, firm, partnership, company, State or local 
        government, or housing authority of a State or local 
        government.''.
    (b) Direct Loans and Loan Guarantees.--Section 682 of title 14, 
United States Code, is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 682. Direct loans and loan guarantees'';
            (2) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively;
            (3) by inserting before subsection (b), as 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) by striking ``subsection (b),'' in subsection (b), as 
        redesignated, and inserting ``subsection (c),''; and
            (5) by striking the subsection heading for subsection (c), 
        as redesignated, and inserting ``(c) Direct Loans and Loan 
        Guarantees.--''.
    (c) Conforming Amendment.--The chapter analysis for chapter 17 of 
title 14, United States Code, is amended by striking the item related 
to section 682 and inserting the following:

``682. Direct loans and loan guarantees.''.

SEC. 204. 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) Subject to the approval of the Commandant:
            ``(1) The Coast Guard Auxiliary and each organizational 
        element and unit (whether or not incorporated), shall have the 
        power to acquire, own, hold, lease, encumber, mortgage, 
        transfer, and dispose of personal property for the purposes set 
        forth in section 822. Personal property owned by the Auxiliary 
        or an Auxiliary unit, or any element thereof, whether or not 
        incorporated, shall at all times be deemed to be property of 
        the United States for the purposes of the statutes described in 
        paragraphs (1) through (6) of subsection (b) while such 
        property is being used by or made exclusively available to the 
        Auxiliary as provided in section 822.
            ``(2) Personal property owned by the Auxiliary or an 
        Auxiliary unit or any element or unit thereof, shall not be 
        considered property of the United States for any other purpose 
        or under any other provision of law except as provided in 
        sections 821 through 832 and section 641 of this title. The 
        necessary expenses of operation, maintenance and repair or 
        replacement of such property may be reimbursed using 
        appropriated funds.
            ``(3) For purposes of this subsection, personal property 
        includes, but is not limited to, motor boats, yachts, aircraft, 
        radio stations, motorized vehicles, trailers, or other 
        equipment.''.

SEC. 205. COAST GUARD AUXILIARY UNITS AS INSTRUMENTALITIES OF THE 
              UNITED STATES FOR TAXATION PURPOSES.

    Section 821(a) of title 14, United States Code, is amended by 
inserting ``The Auxiliary and each organizational element and unit 
shall be deemed to be instrumentalities and political subdivisions of 
the United States for taxation purposes and for those exemptions as 
provided under section 107 of title 4.'' after the second sentence.

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

    Section 742 of title 14, United States Code, is amended--
            (1) by striking ``sixty-two years of age.'' in subsection 
        (a) and inserting ``sixty years of age unless on active duty, 
        other than for training, duty on a board, or duty of a limited 
        or temporary nature if assigned to active duty from an inactive 
        duty status.'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively, and inserting after subsection (a) 
        the following:
    ``(b) A Reserve officer on active duty, other than for training, 
duty on a board, or duty of a limited or temporary nature if assigned 
to active duty from an inactive duty status, shall, if qualified, be 
retired effective upon the day the officer becomes sixty-two years of 
age. If not qualified for retirement, a Reserve officer on active duty, 
other than for training, duty on a board, or duty of a limited or 
temporary nature if assigned to active duty from an inactive duty 
status, shall be discharged effective upon the day the officer becomes 
sixty-two years of age.'';
            (3) by striking ``sixty-four'' in subsection (c), as 
        redesignated, and inserting ``sixty'';
            (4) by striking ``subsections (a) and (b),'' in subsection 
        (d), as redesignated, and inserting ``subsections (a), (b), and 
        (c),''; and
            (5) by striking ``sixty-two'' in subsection (d), as 
        redesignated, and inserting ``sixty''.

SEC. 207. 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 2 years but not more than 6 years.''.

SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT.

    The second sentence of section 727 of title 14, United States Code, 
is amended by striking ``three years'' and inserting ``1 year's''.

SEC. 209. 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 thereof 
to provide or obtain goods and services beneficial to the efficient 
management and operation of the exchange system or that morale, 
welfare, and recreation system.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 7 of 
title 14, United States Code, is amended by inserting after the item 
relating to section 151 the following:

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

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. USE OF MILITARY CHILD DEVELOPMENT CENTERS AND OTHER PROGRAMS.

    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 or without reimbursement in military 
child development centers and other programs supported in whole or in 
part with appropriated funds. For purposes of military child 
development centers and other programs operated under the authority of 
subchapter II of chapter 88 of title 10, United States Code, the child 
of a Coast Guard member shall be considered the same as the child of a 
member of any of the other armed forces.

TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION

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. PROHIBITION ON OPERATION OF CERTAIN ELECTRONIC DEVICES; PORTS 
              AND WATERWAYS PARTNERSHIPS AND COOPERATIVE VENTURES.

    Section 4 of the Ports and Waterways Safety Act (33 U.S.C. 1223), 
is amended--
            (1) by striking ``and'' after the semicolon in subsection 
        (a)(4)(D);
            (2) by striking ``environment.'' in subsection (a)(5) and 
        inserting ``environment;'';
            (3) by adding at the end of subsection (a) the following:
            ``(6) may prohibit the use of electronic or other devices 
        that interfere with communications and navigation equipment;
            ``(7) may carry out the functions under paragraph (1) of 
        this subsection, at the Secretary's discretion and on such 
        terms and conditions as the Secretary deems appropriate, either 
        solely, or in cooperation with a public or private agency, 
        authority, association, institution, corporation, organization 
        or person, except that a non-governmental entity may not carry 
        out an inherently governmental function; and
            ``(8) may, for the purpose of carrying out the Secretary's 
        functions under paragraph (1) of this subsection, convey or 
        lease real property under the administrative control of the 
        Coast Guard to public or private agencies, authorities, 
        associations, institutions, corporations, organizations, or 
        persons for such consideration and upon such terms and 
        conditions as the Secretary considers appropriate, except that 
        the term of any such lease shall not exceed 20 years.''; and
            (4) by adding at the end the following:
    ``(e) Special Provisions Relating to Subsection (a) (7) and (8).--
            ``(1) Definition of inherently governmental function.--For 
        purposes of subsection (a)(7), 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.
            ``(2) Disposition of proceeds from conveyances and 
        leases.--Amounts collected under subsection (a)(7) shall be 
        credited to a special fund in the Treasury and ascribed to the 
        Coast Guard. The amounts collected shall be available to the 
        Coast Guard's `Operating Expenses' account without further 
        appropriation and without fiscal year limitation, and the 
        amounts appropriated from the general fund for that account 
        shall be reduced by the amounts so collected.
            ``(3) Nonapplication of certain acts.--A conveyance or 
        lease of real property under subsection (a)(8) is not subject 
        to subtitle I of title 40, United States Code, or the Stewart 
        B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et 
        seq.).''.

SEC. 303. 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. 304. REVISION OF TEMPORARY SUSPENSION CRITERIA IN SUSPENSION AND 
              REVOCATION CASES.

    Section 7702(d)(1) of title 46, United States Code, is amended--
            (1) by striking ``if, when acting under the authority of 
        that license, certificate, or document--'' and inserting ``if--
        '';
            (2) by striking ``has'' in subparagraph (B)(i) and 
        inserting ``has, while acting under the authority of that 
        license, certificate, or document,'';
            (3) by striking ``or'' at the end of subparagraph (B)(ii);
            (4) by striking ``1982.'' in subparagraph (B)(iii) and 
        inserting ``1982; or''; and
            (5) by adding at the end of subparagraph (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. 305. REVISION OF BASES FOR SUSPENSION AND REVOCATION CASES.

    Section 7703 of title 46, United States Code, is amended--
            (1) by striking ``incompetence, misconduct, or 
        negligence;'' in paragraph (1)(B) and insert ``misconduct or 
        negligence;'';
            (2) by striking ``or'' after the semicolon in paragraph 
        (2);
            (3) by striking ``note).'' in paragraph (3) and inserting 
        ``note);''; and
            (4) by adding at the end the following:
            ``(4) has committed an act of incompetence relating to the 
        operation of a vessel, whether or not acting under the 
        authority of that license, certificate, or document; 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. 306. 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. 307. RECORDS OF MERCHANT MARINERS' DOCUMENTS.

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

SEC. 308. EXEMPTION OF UNMANNED BARGES FROM CERTAIN CITIZENSHIP 
              REQUIREMENTS.

    (a) 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) 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. 309. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN BRIDGE 
              STATUTES.

    (a) Section 5(b) of the Bridge Act of 1906 (33 U.S.C. 495) is 
amended by striking ``$1,000.'' and inserting ``$25,000.''.
    (b) 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), is amended by striking ``$1,000.'' and inserting 
``$25,000.''.
    (c) 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'', 
enacted March 3, 1899 (33 U.S.C. 502) is amended by striking 
``$1,000.'' and inserting ``$25,000.''.
    (d) Section 510(b) of the General Bridge Act of 1946 (33 U.S.C. 
533) is amended by striking ``$1,000.'' and inserting ``$25,000.''.

SEC. 310. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH RECREATIONAL 
              VESSEL AND ASSOCIATED EQUIPMENT SAFETY STANDARDS.

    Section 4311 of title 46, United States Code, is amended--
            (1) by striking the first sentence of subsection (b) and 
        inserting ``(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) by striking ``4307(a)(1),'' in the second sentence of 
        subsection (b) and inserting ``4307(a),'':
            (3) by redesignating paragraphs (1) and (2) of subsection 
        (b) as subparagraphs (A) and (B), respectively;
            (4) by adding at the end of subsection (b) the following:
    ``(2) Any person, including, a director, officer, or executive 
employee of a corporation, who knowingly and willfully violates section 
4307(a) of this title, shall be fined not more than $10,000, imprisoned 
for not more than one year, or both.''; and
            (5) by striking ``$1,000.'' in subsection (c) and inserting 
        ``$5,000.''.

SEC. 311. CORRECTION TO DEFINITION OF FEDERAL LAW ENFORCEMENT AGENCIES 
              IN THE ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT 
              OF 2002.

    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 United States Coast Guard.''.

SEC. 312. STOPPING VESSELS; IMMUNITY FOR FIRING AT OR INTO VESSEL.

    (a) In General.--Section 637 of title 14, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Whenever any vessel liable to seizure or examination does not 
stop on being ordered to do so or on being pursued by an authorized 
vessel or authorized aircraft which has displayed the ensign, pennant, 
or other identifying insignia prescribed for an authorized vessel or 
authorized aircraft, the person in command or in charge of the 
authorized vessel or authorized aircraft may, after a gun has been 
fired by the authorized vessel or authorized aircraft as a warning 
signal, fire at or into the vessel which does not stop; except that the 
prior use of the warning signal is not required if its use would 
unreasonably endanger persons or property in the vicinity of the 
vessel.'';
            (2) by inserting ``or'' after the semicolon in subsection 
        (c)(1);
            (3) by striking paragraphs (2) and (3) of subsection (c) 
        and inserting the following:
            ``(2) it is a surface naval vessel or military aircraft on 
        which one or more members of the Coast Guard are assigned 
        pursuant to section 379 of title 10.''; and
            (4) by striking subsection (d).
    (b) Report.--The Commandant of the Coast Guard shall transmit a 
report annually to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure 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.

SEC. 313. USE OF UNEXPENDED FUNDS FOR BRIDGE ALTERATIONS UNDER TRUMAN-
              HOBBS ACT.

    Section 8 of the Act of June 21, 1940 (33 U.S.C. 518) is amended--
            (1) by inserting ``(a) In General.--'' before ``There''; 
        and
            (2) by adding at the end the following:
    ``(b) Unexpended Funds.--In addition to other uses permitted by 
law, upon completion of a bridge alteration project, unexpended funds 
previously appropriated or otherwise available for the completed 
project may be used to pay the Federal share of the design and 
construction costs for other bridge alteration projects authorized 
under this Act.''.

SEC. 314. INLAND NAVIGATION RULES PROMULGATION AUTHORITY.

    (a) Repeal.--Section 2 of the Inland Navigation Rules Act of 1980 
(33 U.S.C. 2001) is repealed.
    (b) Inland Navigation Rules.--Section 3 of the Inland Navigation 
Rules Act of 1980 (33 U.S.C. 2002) is amended to read as follows:

``SEC. 3. INLAND NAVIGATION RULES.

    ``The Secretary 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.''.

SEC. 315. PREVENTION OF DEPARTURE.

    Section 3505 of title 46, United States Code, is amended to read as 
follows:
``Sec. 3505. Prevention of departure
    ``Notwithstanding section 3303(a) 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.''.

SEC. 316. COMPLIANCE WITH INTERNATIONAL SAFETY MANAGEMENT CODE.

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

SEC. 317. AMENDMENTS TO VESSEL RESPONSE PLAN REQUIREMENTS.

    (a) In General.--Section 311(j) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)) is amended--
            (1) by striking the caption of paragraph (5) and inserting 
        ``(5) Tank vessel, non-tank vessel, and facility response 
        plans.--'';
            (2) by adding at the end of paragraph (5)(A) ``The 
        President shall also issue regulations which require an owner 
        or operator of a non-tank vessel described in subparagraph (C) 
        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) by striking ``vessels and'' in paragraph (5)(B) and 
        inserting ``vessels, non-tank vessels, and'';
            (4) by redesignating clauses (ii) and (iii) of paragraph 
        (5)(B) as clauses (iii) and (iv), respectively, and inserting 
        after clause (i) the following:
                    ``(ii) A non-tank vessel.'';
            (5) by striking ``vessel or'' in paragraph (5)(D) and 
        inserting ``vessel, a non-tank vessel, or an'';
            (6) by inserting ``non-tank vessel,'' in paragraph (5)(E) 
        after ``vessel,'' each place it appears;
            (7) by inserting `` non-tank vessel,'' in paragraph (5)(F) 
        after ``vessel,'';
            (8) by striking ``vessel or'' in paragraph (5)(F) and 
        inserting ``vessel, non-tank vessel, or'';
            (9) by inserting ``non-tank vessel,'' in paragraph (5)(G) 
        after ``vessel,'';
            (10) by inserting ``and non-tank vessel'' in paragraph 
        (5)(H) after ``each tank vessel'';
            (11) by striking ``Not later than 2 years after the date of 
        enactment of this section, the President shall require--'' in 
        paragraph (6) and inserting ``The President shall require--'';
            (12) by striking ``cargo'' in paragraph (6)(B) and 
        inserting ``cargo, and non-tank vessels carrying oil of any 
        kind as fuel for main propulsion,''; and
            (13) by striking ``vessel and'' in paragraph (7) and 
        inserting ``vessel, non-tank vessel, and'' in paragraph (7).
    (b) Non-Tank 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) `non-tank vessel' means a self-propelled vessel of 
        400 gross tons or greater, other than a tank vessel, which 
        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.''.
    (c) 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 vessel carrying in bulk noxious 
        liquid substances, or a facility described in subparagraph (C) 
        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. 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)), 
        and the term `carrying in bulk' means loading or carrying on 
        board a vessel without the benefit of containers or labels and 
        received and handled by carrier without mark or count.'';
            (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)'';
            (5) by striking ``subparagraph (D),'' in clause (i) of 
        subparagraph (F), as redesignated, and inserting ``subparagraph 
        (E),''; and
            (6) by striking subparagraph (G), as redesignated, and 
        inserting the following:
                    ``(G) Notwithstanding subparagraph (F), the 
                President may authorize a tank vessel, non-tank vessel, 
                offshore facility, or onshore facility that handles, 
                stores, or transports oil to operate without a response 
                plan approved under this paragraph, until not later 
                than 2 years after the date of the submission to the 
                President of a plan for the tank vessel, non-tank 
                vessel, or facility, if the owner or operator certifies 
                that the owner or operator has ensured by contract or 
                other means approved by the President the availability 
                of private personnel and equipment necessary to 
                respond, to the maximum extent practicable, to a worst 
                case discharge or a substantial threat of such a 
                discharge.''.

SEC. 318. REQUIREMENTS FOR TANK LEVEL AND PRESSURE MONITORING DEVICES.

    Section 4110 of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note) 
is amended--
            (1) by striking ``shall'' each place it appears and 
        inserting ``may''; and
            (2) by adding at the end the following:
    ``(c) Study.--(1) 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) for effectively detecting the loss of oil from oil cargo tanks. The 
study may include technologies, monitoring procedures, and other 
methods.
    ``(2) In conducting the study, the Secretary may seek input from 
Federal agencies, industry, and other entities.
    ``(3) The Secretary shall provide the study to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure not 
later than 180 days after the date of enactment of this Act.''.

SEC. 319. REPORT ON IMPLEMENTATION OF THE OIL POLLUTION ACT.

    (a) In General.--No later than 180 days of enactment of this Act, 
the Coast Guard shall provide a written report to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure with 
respect to issues related to implementation of the Oil Pollution Act of 
1990 (33 U.S.C. 2701 et seq.).
    (b) Scope.--The report 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.
            (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 from 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 Act (33 U.S.C. 2704(d)(4)).
            (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. 320. LOANS FOR FISHERMEN 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 
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).

SEC. 321. FISHERIES ENFORCEMENT PLANS AND REPORTING.

    (a) Fisheries Enforcement Plans.--The Coast Guard and the National 
Oceanic and Atmospheric Administration shall, to the maximum extent 
possible, consult with each other and with State and local enforcement 
authorities in preparing their annual fisheries enforcement plans.
    (b) Fishery Patrols.--Prior to undertaking fisheries patrols, the 
Coast Guard and the National Oceanic and Atmospheric Administration 
shall, to the maximum extent possible, provide to each other and to 
appropriate State and local enforcement authorities their intentions 
and projected dates for such patrols.
    (c) Annual Summary.--The Coast Guard and National Oceanic and 
Atmospheric Administration shall prepare and make available to each 
other, 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. 322. DEEPWATER REPORT.

    No later than 180 days after enactment of this Act, the Coast Guard 
shall provide a written report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure with respect to performance under 
the first term of the Integrated Deepwater System contract. The report 
shall include an analysis of how well the prime contractor has met the 
two key performance goals of operational effectiveness and minimizing 
total ownership costs. The report shall include 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. To the extent available, the report shall include 
performance and cost comparisons of alternatives examined in 
implementing the contract.

SEC. 323. SMALL PASSENGER VESSEL SAFETY.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Department in which the 
Coast Guard is operating shall report to the Congress regarding the 
enforcement efforts and degree of compliance regarding the 1996 
amendments to the Small Passenger Vessel Regulations (title 46, Code of 
Federal Regulations, part 185) requiring the master of a small 
passenger vessel to require passengers to don life jackets when 
possible hazardous conditions exist including--
            (1) transiting hazardous bars or inlets;
            (2) during severe weather;
            (3) in the event of flooding, fire, or other events that 
        may possibly call for evacuation; and
            (4) when the vessel is being towed, except a non-self-
        propelled vessel under normal operating conditions.
    (b) Contents.--The report under this section shall include--
            (1) a section regarding the enforcement efforts the Coast 
        Guard has undertaken to enforce these regulations;
            (2) a section detailing compliance with these regulations, 
        to include the number of vessels and masters cited for 
        violations of these regulations for fiscal years 1998 through 
        2003;
            (3) a section detailing the number and types of marine 
        casualties for fiscal years 1998 through 2003 which have been 
        related wholly or in part to violations of these regulations; 
        and
            (4) a section providing recommendation on improving 
        compliance with, and possible modifications to, these 
        regulations.

SEC. 324. ELECTRONIC NAVIGATIONAL CHARTING.

    The Commandant of the Coast Guard, in consultation with the 
Administrator of the National Oceanic and Atmospheric Administration, 
shall provide a written report to the Senate Committee on Commerce, 
Science, and Transportation, and to the House of Representatives 
Committee on Transportation and Infrastructure no later than 180 days 
after the date of enactment of this Act with respect to electronic 
navigational charts. The report shall include--
            (1) the costs for the National Oceanic and Atmospheric 
        Administration to complete the suite of electronic navigational 
        charts;
            (2) the costs and benefits of a United States requirement 
        of electronic navigation systems on vessels; and
            (3) a description of international standards and 
        requirements that already exist or are being developed for the 
        use of electronic navigation systems.

SEC. 325. MEASURES FOR THE PROTECTION OF NORTH ATLANTIC RIGHT WHALES 
              FROM SHIP STRIKES.

    (a) Within 120 days of enactment of this Act, the Secretary shall 
initiate studies to examine options for minimizing vessel strikes of 
North Atlantic Right Whales in the access of ports which the Secretary, 
in consultation with the Administrator of the National Oceanic and 
Atmospheric Administration, has determined--based on a review of past 
incidents of vessel strikes as well as available scientific, 
navigation, and other data--pose a substantial risk of vessel strikes 
of North Atlantic Right Whales. Such studies shall examine measures 
identified in consultation with the Administrator, including vessel 
routing, reporting and/or speed measures, that would minimize vessel 
strikes of North Atlantic Right Whales.
    (b) Within 18 months of enactment of this Act, the Secretary of 
Homeland Security shall, in consultation with Administrator of the 
National Oceanic and Atmospheric Administration, provide a report to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and Infrastructure 
on the results of the studies referred to in paragraph (a), including--
            (1) a discussion of the effectiveness of the measures 
        studied in reducing ship strikes of North Atlantic Right 
        Whales;
            (2) a summary of available analyses regarding potential 
        costs of such measures including regional economic impacts;
            (3) the extent to which statutory authority currently 
        exists for the Coast Guard to implement these and other similar 
        measures; and
            (4) in consultation with the Administrator and the 
        Secretary of State, a discussion of the national and 
        international legal bases for implementation of such measures.

SEC. 326. FOREIGN VESSEL SECURITY PLANS.

    Section 70103 of title 46, United States Code, is amended by adding 
new paragraphs (c)(8) and (c)(9) to read as follows:
            ``(8) A foreign vessel destined for, arriving at, or 
        departing from a port or place subject to the jurisdiction of 
        the United States is deemed in compliance with this section 
        if--
                    ``(A) the vessel has in effect a security plan 
                approved pursuant to the International Convention for 
                the Safety of Life at Sea, 1974, (SOLAS) Chapter XI-2 
                and the International Ship and Port Facility Security 
                Code (ISPS Code); and
                    ``(B) the vessel operates in compliance with its 
                approved plan, SOLAS Chapter XI-2, and the ISPS Code.
            ``(9) The Secretary shall, consistent with international 
        treaties, conventions, and agreements to which the United 
        States is a party, establish procedures, measures, and 
        standards to assure foreign vessels destined for, arriving at, 
        or departing from a port or place subject to the jurisdiction 
        of the United States comply with vessel security requirements 
        under SOLAS, the ISPS Code, this chapter, and regulations 
        issued under this chapter, including--
                    ``(A) an effective port state control program that 
                identifies foreign vessels for examination based on 
                each vessel's operating history, owner or operator, 
                vessel type, and such other factors as the Secretary 
                determines to be appropriate;
                    ``(B) examination of a vessel and its cargo, 
                passengers, and crew;
                    ``(C) examination of a vessel's security 
                arrangements;
                    ``(D) procedures to ensure shipboard personnel 
                understand their security responsibilities and have the 
                knowledge and ability to perform their assigned duties 
                under a vessel's approved security plan, SOLAS, and the 
                ISPS Code;
                    ``(E) a detailed examination of a vessel's approved 
                security plan;
                    ``(F) restrictions on a vessel's operations or 
                movements;
                    ``(G) denial of entry into port; and
                    ``(H) such other measures that the Secretary 
                determines are necessary to deter a transportation 
                security incident to the maximum extent practicable and 
                to protect the safety and security of United States 
                ports, persons, vessels, facilities, and other 
                property.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. CONVEYANCE OF LIGHTHOUSES.

    Section 308(c) of the National Historic Lighthouse Preservation Act 
of 2000 (16 U.S.C. 470w-7(c)) is amended by adding at the end the 
following:
    ``(4) Lighthouses originally conveyed under other authority.--Upon 
receiving notice of an executed or intended conveyance by sale, gift, 
or any other manner of a lighthouse conveyed under authority other than 
this Act, the Secretary shall review the executed or proposed 
conveyance to ensure that any new owner will comply with any and all 
conditions of the original conveyance. If the Secretary determines that 
the new owner has not or is unable to comply with those conditions the 
Secretary shall immediately invoke any reversionary interest or take 
such other action as may be necessary to protect the interests of the 
United States.''.

SEC. 402. 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 each of fiscal years 2004 
and 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. 403. 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. 404. KOSS COVE.

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

SEC. 405. DECLARATION OF NON-NAVIGABILITY FOR PORTION OF THE WATEREE 
              RIVER.

    For purposes of bridge administration, the portion of the Wateree 
River, in the State of South Carolina, 100 feet upstream and downstream 
of the railroad bridge at approximately mile marker 10.0, 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. 406. CORRECTION OF 2002 COASTWISE TRADE AUTHORIZATION PROVISION.

    Section 213(b) of the Maritime Policy Improvement Act of 2002 is 
amended by striking ``transport and launch'' and inserting ``transport 
or launch''.

SEC. 407. 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. 408. 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. 409. NATIONAL COAST GUARD MUSEUM.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 98. National Coast Guard Museum
    ``(a) Establishment.--The Commandant of the Coast Guard may 
establish a new National Coast Guard Museum on Federal lands 
administered by the Coast Guard at a location specified by the 
Commandant.
    ``(b) Funding.--The National Coast Guard Museum should be supported 
with nonappropriated Federal funds or nonfederal funds to the maximum 
extent practicable and that the priority for appropriated funds should 
be to preserve and protect historic Coast Guard artifacts and to 
promote the purposes of the National Historic Preservation Act (16 
U.S.C. 470 et seq.).
    ``(c) Location.--The National Coast Guard Museum may be located at, 
or in close proximity to, the Coast Guard Academy in New London, 
Connecticut or at a location with a comparable historic connection to 
the Coast Guard that will similarly enhance the public's knowledge and 
appreciation of the Coast Guard's maritime history.
    ``(d) Funding Plan.--Before the date on which the Commandant 
establishes a museum under subsection (a), the Commandant shall provide 
to the Committees on Commerce of the Senate and 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 nonfederal funds would be used for such purposes; 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.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 5 of 
title 14, United States Code, is amended by adding at the end the 
following:

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

            Amend the title so as to read: ``An Act to authorize 
        appropriations for fiscal years 2004 and 2005 for the United 
        States Coast Guard, and for other purposes.''.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                               H. R. 2443

_______________________________________________________________________

                               AMENDMENTS
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