H. R. 2443
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
An Act to authorize appropriations for the Coast Guard for fiscal year 2005, to
amend various laws administered by the Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as the ‘‘Coast Guard and Maritime
Transportation Act of 2004’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II—COAST GUARD MANAGEMENT
Sec. 201. Long-term leases.
Sec. 202. Nonappropriated fund instrumentalities.
Sec. 203. Term of enlistments.
Sec. 204. Enlisted member critical skill training bonus.
Sec. 205. Indemnity for disabling vessels liable to seizure or examination.
Sec. 206. Administrative, collection, and enforcement costs for certain fees and
charges.
Sec. 207. Expansion of Coast Guard housing authorities.
Sec. 208. Requirement for constructive credit.
Sec. 209. Maximum ages for retention in an active status.
Sec. 210. Travel card management.
Sec. 211. Coast Guard fellows and detailees.
Sec. 212. Long-term lease of special use real property.
Sec. 213. National Coast Guard Museum.
Sec. 214. Limitation on number of commissioned officers.
Sec. 215. Redistricting notification requirement.
Sec. 216. Report on shock mitigation standards.
Sec. 217. Recommendations to Congress by Commandant of the Coast Guard.
Sec. 218. Coast Guard education loan repayment program.
Sec. 219. Contingent expenses.
Sec. 220. Reserve admirals.
Sec. 221. Confidential investigative expenses.
Sec. 222. Innovative construction alternatives.
Sec. 223. Delegation of port security authority.
Sec. 224. Fisheries enforcement plans and reporting.
Sec. 225. Use of Coast Guard and military child development centers.
Sec. 226. Treatment of property owned by auxiliary units and dedicated solely for
auxiliary use.
TITLE III—NAVIGATION
Sec. 301. Marking of underwater wrecks.
Sec. 302. Use of electronic devices; cooperative agreements.
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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 suspen-
sion 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.
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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 tech-
nologies, 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 avail-
able until expended.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to naviga-
tion, 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
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Street Bridge over the Chelsea River in Boston, Massachu-
setts.
(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 avail-
able 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 institu-
tions 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 pro-
vide 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