H. R. 2443—14
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 Auxil-
iary’ means motor boats, yachts, aircraft, radio stations, motorized
vehicles, trailers, or other equipment that is under the administra-
tive 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:
H. R. 2443—15
‘‘(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 elec-
tronic 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, authori-
ties, 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 govern-
mental 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 Naviga-
tional 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 respec-
tive 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 Depart-
ment 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’’.
H. R. 2443—16
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 CITI-
ZENSHIP 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 ‘‘rec-
reational 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 off-
shore 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 rec-
reational 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.
H. R. 2443—17
‘‘(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 know-
ingly 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 regula-
tions 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 DOCU-
MENT 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 para-
graph (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 REV-
OCATION 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 para-
graph (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:
H. R. 2443—18
‘‘(c) The Secretary may prescribe by regulation requirements
for maximum hours of service (including recording and record-
keeping 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 fol-
lowing 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 pas-
sengers 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 Sec-
retary 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 imple-
menting subsection (a) before January 1, 2007, including require-
ments 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
H. R. 2443—19
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 EDU-
CATIONAL 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:
H. R. 2443—20
‘‘§ 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 Supple-
mental 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 manage-
ment system appropriate for the characteristics, methods of oper-
ation, 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 subpara-
graphs (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
H. R. 2443—21
‘‘(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 transpor-
tation and, if needed, launch or installation of a platform jacket
and; that the Secretary of Transportation shall adopt procedures
implementing this proviso that are reasonably designed to provide
timely information so as to maximize the use of coastwise qualified-
vessels, which procedures shall, among other things, establish that
for purposes of this proviso, a coastwise-qualified vessel shall be
deemed to be not available only (1) if upon application by an
owner or operator for the use of a non-coastwise qualified launch
barge for transportation of a platform jacket under this section,
which application shall include all relevant information, including
engineering details and timing requirements, the Secretary
promptly publishes a notice in the Federal Register describing
the project and the platform jacket involved, advising that all
relevant information reasonably needed to assess the transportation
requirements for the platform jacket will be made available to
interested parties upon request, and requesting that information
on the availability of coastwise-qualified vessels be submitted within
30 days after publication of that notice; and (2) if either (A) no
information is submitted to the Secretary within that 30 day period,
or (B) although the owner or operator of a coastwise-qualified vessel
submits information to the Secretary asserting that the owner
or operator has a suitable coastwise-qualified vessel available for
this transportation, the Secretary, within 90 days of the date on
which the notice is first published determines that the coastwise-
qualified vessel is not suitable or reasonably available for the
transportation; and that, for the purposes of this proviso, the term
‘coastwise-qualified vessel’ means a vessel that has been issued
a certificate of documentation with a coastwise endorsement under
section 12106 of title 46, United States Code, and the term ‘platform
jacket’ refers to a single physical component and includes any
type of offshore exploration, development, or production structure
or component thereof, including platform jackets, tension leg or
SPAR platform superstructures (including the deck, drilling rig
and support utilities, and supporting structure), hull (including
vertical legs and connecting pontoons or vertical cylinder), tower
and base sections of a platform jacket, jacket structures, and deck
modules (known as ‘topsides’).’’.
H. R. 2443—22
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 ‘‘Sep-
tember 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 MARI-
TIME COMMISSION.
There are authorized to be appropriated to the Federal Mari-
time 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 govern-
ment agencies concerning the sharing of ocean shipping information
for the purpose of assisting law enforcement or anti-terrorism
H. R. 2443—23
efforts. The Commission shall include in the report recommenda-
tions 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 occur-
ring 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 pur-
poses’’, 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 Gen-
eral 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 CUT-
TERS.
(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.
H. R. 2443—24
(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 Min-
nesota), 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 con-
siders appropriate.
(d) MAINTENANCE AND DELIVERY OF VESSEL.—Prior to convey-
ance 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 Com-
mandant 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).
H. R. 2443—25
(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 (Inter-
national Maritime Organization number 9185554) shall be author-
ized 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 pro-
vided 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 effi-
ciency;
(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;
H. R. 2443—26
(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 serv-
ices 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 transpor-
tation;
(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 inter-
national 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 Infra-
structure 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 author-
ized 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, docu-
ment, 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.
H. R. 2443—27
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 fol-
lowing:
‘‘(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 move-
ment 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 manage-
ment of vessels;
‘‘(iii) at least 70 percent of the aggregate tonnage
of all cargo carried by all vessels owned by such person