PUBLIC LAW 108–293—AUG. 9, 2004

COAST GUARD AND MARITIME

TRANSPORTATION ACT OF 2004

118 STAT. 1028 PUBLIC LAW 108–293—AUG. 9, 2004

Public Law 108–293

108th Congress

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.

Coast Guard and

Maritime

Transportation

Act of 2004.

14 USC 1 note.

Aug. 9, 2004

[H.R. 2443]

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1029

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.

118 STAT. 1030 PUBLIC LAW 108–293—AUG. 9, 2004

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

Massachusetts.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1031

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:

‘‘§ 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

118 STAT. 1032 PUBLIC LAW 108–293—AUG. 9, 2004

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:

‘‘§ 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.’’.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1033

(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:

14 USC 637 note.

118 STAT. 1034 PUBLIC LAW 108–293—AUG. 9, 2004

‘‘(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’’;

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1035

(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:

‘‘§ 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:

‘‘§ 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.

118 STAT. 1036 PUBLIC LAW 108–293—AUG. 9, 2004

‘‘(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:

‘‘§ 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:

‘‘§ 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:

Reports.

Deadline.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1037

‘‘(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:

‘‘§ 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

Certification.

118 STAT. 1038 PUBLIC LAW 108–293—AUG. 9, 2004

(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:

‘‘§ 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.).

14 USC 93 note.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1039

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 331⁄3 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:

‘‘§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

Regulations.

118 STAT. 1040 PUBLIC LAW 108–293—AUG. 9, 2004

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

14 USC 515 note.

Notification.

16 USC 1861b.

14 USC 93 note.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1041

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:

118 STAT. 1042 PUBLIC LAW 108–293—AUG. 9, 2004

‘‘(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’’.

33 USC 2001

note.

33 USC 2071.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1043

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.

118 STAT. 1044 PUBLIC LAW 108–293—AUG. 9, 2004

‘‘(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:

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1045

‘‘(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:

‘‘§ 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

Deadline.

33 USC 1223a.

Reports.

46 USC 8904

note.

118 STAT. 1046 PUBLIC LAW 108–293—AUG. 9, 2004

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:

46 USC 3316

note.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1047

‘‘§ 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

118 STAT. 1048 PUBLIC LAW 108–293—AUG. 9, 2004

‘‘(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 qualifiedvessels, 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 coastwisequalified 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’).’’.

Federal Register,

publication.

Deadlines.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1049

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 COM- MITTEE.—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

110 Stat. 3918.

118 STAT. 1050 PUBLIC LAW 108–293—AUG. 9, 2004

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.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1051

(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).

118 STAT. 1052 PUBLIC LAW 108–293—AUG. 9, 2004

(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;

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1053

(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.

Alaska.

118 STAT. 1054 PUBLIC LAW 108–293—AUG. 9, 2004

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

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1055

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-selfpropelled 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;

118 STAT. 1056 PUBLIC LAW 108–293—AUG. 9, 2004

‘‘(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—

46 USC 12106

note.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1057

(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

46 USC 12106

note.

46 USC 12106

note.

118 STAT. 1058 PUBLIC LAW 108–293—AUG. 9, 2004

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.

Alaska.

46 USC 7302

note.

33 USC 59kk.

Deadline.

46 USC 12106

note.

Applicability.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1059

(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

Deadline.

Notification.

118 STAT. 1060 PUBLIC LAW 108–293—AUG. 9, 2004

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.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1061

(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

Alaska.

118 STAT. 1062 PUBLIC LAW 108–293—AUG. 9, 2004

(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

8 USC 1701.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1063

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 assetspecific 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

33 USC 1901

note.

118 STAT. 1064 PUBLIC LAW 108–293—AUG. 9, 2004

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;

Deadline.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1065

(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

118 STAT. 1066 PUBLIC LAW 108–293—AUG. 9, 2004

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

Deadline.

Reports.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1067

(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.’’;

President.

Regulations.

118 STAT. 1068 PUBLIC LAW 108–293—AUG. 9, 2004

(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, nontank 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—

Deadline.

33 USC 1321

note.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1069

(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—

118 STAT. 1070 PUBLIC LAW 108–293—AUG. 9, 2004

‘‘(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

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1071

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,

118 STAT. 1072 PUBLIC LAW 108–293—AUG. 9, 2004

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

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1073

‘‘(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

Deadline.

118 STAT. 1074 PUBLIC LAW 108–293—AUG. 9, 2004

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.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1075

‘‘(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

Deadline.

118 STAT. 1076 PUBLIC LAW 108–293—AUG. 9, 2004

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.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1077

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).

Deadline.

President.

118 STAT. 1078 PUBLIC LAW 108–293—AUG. 9, 2004

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:

‘‘§ 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.

‘‘§ 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:

‘‘§ 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

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1079

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.

‘‘§ 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

118 STAT. 1080 PUBLIC LAW 108–293—AUG. 9, 2004

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;

Establishment.

Deadline.

Reports.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1081

(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

46 USC 70107

note.

118 STAT. 1082 PUBLIC LAW 108–293—AUG. 9, 2004

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;

Virginia.

South Carolina.

California.

Reports.

Deadline.

Deadline.

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1083

(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

118 STAT. 1084 PUBLIC LAW 108–293—AUG. 9, 2004

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

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1085

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,

Regulations.

118 STAT. 1086 PUBLIC LAW 108–293—AUG. 9, 2004

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

PUBLIC LAW 108–293—AUG. 9, 2004 118 STAT. 1087

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

Deadlines.

46 USC 70101

note.

118 STAT. 1088 PUBLIC LAW 108–293—AUG. 9, 2004

LEGISLATIVE HISTORY—H.R. 2443 (S. 733):

HOUSE REPORTS: Nos. 108–233 (Comm. on Transportation and Infrastructure)

and 108–617 (Comm. of Conference).

SENATE REPORTS: No. 108–202 accompanying S. 733 (Comm. on Commerce,

Science, and Transportation).

CONGRESSIONAL RECORD:

Vol. 149 (2003): Nov. 5, considered and passed House.

Vol. 150 (2004): Mar. 30, considered and passed Senate, amended.

July 21, House agreed to conference report.

July 22, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Aug. 9, Presidential statement.

Æ

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.

Approved August 9, 2004.

46 USC 70101

note.

Reports.

Deadlines.