In the Senate of the United States,
March 30, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 2443) entitled ‘‘An Act to authorize appropria-
tions for the Coast Guard for fiscal year 2004, to amend var-
ious laws administered by the Coast Guard, and for other
purposes.’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Authoriza-
tion Act of 2004’’.
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HR 2443 EAS
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II—COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY
MANAGEMENT
Sec. 201. Enlisted member critical skill training bonus.
Sec. 202. Amend limits to the number of commanders and lieutenant com-
manders.
Sec. 203. Expansion of Coast Guard housing authorities.
Sec. 204. Property owned by Auxiliary units and dedicated solely for Auxiliary
use.
Sec. 205. Coast Guard Auxiliary units as instrumentalities of the United States
for taxation purposes.
Sec. 206. Maximum age for retention in an active status.
Sec. 207. Term of enlistments.
Sec. 208. Requirement for constructive credit.
Sec. 209. Nonappropriated fund instrumentalities.
Sec. 210. Travel card management.
Sec. 211. Use of military child development centers and other programs.
TITLE III—LAW ENFORCEMENT, MARINE SAFETY, AND
ENVIRONMENTAL PROTECTION
Sec. 301. Marking of underwater wrecks.
Sec. 302. Prohibition on operation of certain electronic devices; ports and water-
ways partnerships and cooperative ventures.
Sec. 303. Reports from charterers.
Sec. 304. Revision of temporary suspension criteria in suspension and revocation
cases.
Sec. 305. Revision of bases for suspension and revocation cases.
Sec. 306. Removal of mandatory revocation for proved drug convictions in sus-
pension and revocation cases.
Sec. 307. Records of merchant mariners’ documents.
Sec. 308. Exemption of unmanned barges from certain citizenship requirements.
Sec. 309. Increase in civil penalties for violations of certain bridge statutes.
Sec. 310. Civil penalties for failure to comply with recreational vessel and associ-
ated equipment safety standards.
Sec. 311. Correction to definition of Federal law enforcement agencies in the En-
hanced Border Security and Visa Entry Reform Act of 2002.
Sec. 312. Stopping vessels; immunity for firing at or into vessel.
Sec. 313. Use of unexpended funds for bridge alterations under Truman-Hobbs
Act.
Sec. 314. Inland navigation rules promulgation authority.
Sec. 315. Prevention of departure.
Sec. 316. Compliance with international safety management code.
Sec. 317. Amendments to vessel response plan requirements.
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Sec. 318. Requirements for tank level and pressure monitoring devices.
Sec. 319. Report on implementation of the Oil Pollution Act.
Sec. 320. Loans for fishermen impacted by oil spills.
Sec. 321. Fisheries enforcement plans and reporting.
Sec. 322. Deepwater report.
Sec. 323. Small passenger vessel safety.
Sec. 324. Electronic navigational charting.
Sec. 325. Measures for the protection of North Atlantic Right Whales from ship
strikes.
Sec. 326. Foreign vessel security plans.
TITLE IV—MISCELLANEOUS
Sec. 401. Conveyance of lighthouses.
Sec. 402. LORAN-C.
Sec. 403. Conveyance of decommissioned Coast Guard cutters.
Sec. 404. Koss Cove.
Sec. 405. Declaration of non-navigability for portion of the Wateree River.
Sec. 406. Correction of 2002 coastwise trade authorization provision.
Sec. 407. Innovative construction alternatives.
Sec. 408. Bridge administration.
Sec. 409. National Coast Guard Museum.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) FISCAL YEAR 2004.—There are authorized to be
appropriated for necessary expenses of the Coast Guard for
fiscal year 2004 the following amounts:
(1) For the operation and maintenance of the
Coast Guard, $4,913,000,000, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund, of which—
(A) $70,000,000 shall be available to ana-
lyze port security plans prepared in compliance
with chapter 701 of title 46, United States Code;
(B)$100,000,000 shall be available for in-
creased operating expenses due to heightened se-
curity efforts; and
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(C) $36,000,000 may be available for use in
commissioning 3 additional Marine Safety and
Security Teams.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $1,017,000,000 (of which
$20,000,000 shall be derived from the Oil Spill Li-
ability Trust Fund to carry out the purposes of sec-
tion 1012(a)(5) of the Oil Pollution Act of 1990), to
remain available until expended, of which—
(A) $702,000,000 shall be available for the
Coast Guard’s integrated deepwater system;
(B) $134,000,000 shall be available for the
Coast Guard’s ‘‘Rescue 21’’ program; and
(C) $40,000,000 shall be available for the
Automatic Identification System.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors di-
rectly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness, $22,000,000, to remain available
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until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code, $1,020,000,000, to remain
available until expended.
(5) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operations and mainte-
nance), $17,000,000, to remain available until ex-
pended.
(6) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program—
(A) $16,000,000, to remain available until
expended; and
(B) $2,500,000, to remain available until
expended, which may be utilized for construction
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of a new Chelsea Street Bridge over the Chelsea
River in Boston, Massachusetts.
(7) For reserve training, $95,000,000.
(b) FISCAL YEAR 2005.—There are authorized to be
appropriated for necessary expenses of the Coast Guard for
fiscal year 2005 the following amounts.
(1) For the operation and maintenance of the
Coast Guard, $5,404,300,000, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $1,068,000,000 (of which
$20,000,000 shall be derived from the Oil Spill Li-
ability Trust Fund to carry out the purposes of sec-
tion 1012(a)(5) of the Oil Pollution Act of 1990), to
remain available until expended, of which—
(A) $708,000,000 shall be available for the
Coast Guard’s Integrated Deepwater System;
and
(B) $161,000,000 shall be available for the
Coast Guard’s Rescue 21 program.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors di-
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rectly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness, $24,2000,000, to remain available
until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code, $1,122,000,000, to remain
available until expended.
(5) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operations and mainte-
nance), $18,700,000, to remain available until ex-
pended.
(6) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
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ministrative costs associated with the Bridge Alter-
ation Program—
(A) $17,850,000, to remain available until
expended; and
(B) $2,500,000, to remain available until
expended, which may be utilized for construction
of a new Chelsea Street Bridge over the Chelsea
River in Boston, Massachusetts.
(7) For reserve training $104,500,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) END-OF-YEAR
STRENGTH
FOR
FISCAL
YEAR
2004.—The Coast Guard is authorized an end-of-year
strength of active duty personnel of 45,500 as of September
30, 2004.
(b) TRAINING STUDENT LOADS
FOR FISCAL YEAR
2004.—For fiscal year 2004, the Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training, 2,500 stu-
dent years.
(2) For flight training, 125 student years.
(3) For professional training in military and ci-
vilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
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TITLE II—COAST GUARD PER-
SONNEL, 
FINANCIAL, 
AND
PROPERTY MANAGEMENT
SEC. 201. ENLISTED MEMBER CRITICAL SKILL TRAINING
BONUS.
(a) IN GENERAL.—Chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 374. Critical skill training bonus
‘‘(a) The Secretary may provide a bonus, not to exceed
$20,000, to enlisted members who complete training in a
skill designated as critical, provided at least four years of
obligated active service remain on the member’s enlistment
at the time the training is completed. A bonus under this
section may be paid in a single lump sum or in periodic
installments.
‘‘(b) If an enlisted member voluntarily or because of
misconduct does not complete his or her term of obligated
active service, the Secretary may require the member to
repay the United States, on a pro rata basis, all sums paid
under this section. The Secretary shall charge interest on
the reimbursed amount at a rate, to be determined quar-
terly, equal to 150 percent of the average of the yields on
the 91-day Treasury bills auctioned during the preceding
calendar quarter.’’.
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(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 11 of title 14, United States Code, is amended
by inserting after the item relating to section 373 the fol-
lowing:
‘‘374. Critical skill training bonus.’’.
SEC. 202. AMEND LIMITS TO THE NUMBER OF COM-
MANDERS AND LIEUTENANT COMMANDERS.
Section 42 of title 14, United States Code, is amended
—
(1) by striking ‘‘The’’ in subsection (a) and in-
serting ‘‘Except in time of war or national emergency
declared by Congress or the President, the’’;
(2) by striking ‘‘6,200.’’ in subsection (a) and
inserting ‘‘7,100. In time of war or national emer-
gency, the Secretary shall establish the total number
of commissioned officers, excluding commissioned
warrant officers, on active duty in the Coast Guard.’’;
and
(3) by striking ‘‘commander 12.0; lieutenant
commander 18.0.’’ in subsection (b) and inserting
‘‘commander 15.0; lieutenant commander 22.0.’’.
SEC. 203. EXPANSION OF COAST GUARD HOUSING AU-
THORITIES.
(a) DEFINITIONS.—Section 680 of title 14, United
States Code, is amended by adding at the end the following:
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(4) by striking ‘‘subsection (b),’’ in subsection
(b), as redesignated, and inserting ‘‘subsection (c),’’;
and
(5) by striking the subsection heading for sub-
section (c), as redesignated, and inserting ‘‘(c) DI-
RECT LOANS AND LOAN GUARANTEES.—’’.
(c) CONFORMING AMENDMENT.—The chapter analysis
for chapter 17 of title 14, United States Code, is amended
by striking the item related to section 682 and inserting
the following:
‘‘682. Direct loans and loan guarantees.’’.
SEC. 204. PROPERTY OWNED BY AUXILIARY UNITS AND
DEDICATED SOLELY FOR AUXILIARY USE.
Section 821 of title 14, United States Code, is amended
by adding at the end the following:
‘‘(d) Subject to the approval of the Commandant:
‘‘(1) The Coast Guard Auxiliary and each orga-
nizational element and unit (whether or not incor-
porated), shall have the power to acquire, own, hold,
lease, encumber, mortgage, transfer, and dispose of
personal property for the purposes set forth in section
822. Personal property owned by the Auxiliary or an
Auxiliary unit, or any element thereof, whether or not
incorporated, shall at all times be deemed to be prop-
erty of the United States for the purposes of the stat-
utes described in paragraphs (1) through (6) of sub-
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section (b) while such property is being used by or
made exclusively available to the Auxiliary as pro-
vided in section 822.
‘‘(2) Personal property owned by the Auxiliary
or an Auxiliary unit or any element or unit thereof,
shall not be considered property of the United States
for any other purpose or under any other provision
of law except as provided in sections 821 through 832
and section 641 of this title. The necessary expenses
of operation, maintenance and repair or replacement
of such property may be reimbursed using appro-
priated funds.
‘‘(3) For purposes of this subsection, personal
property includes, but is not limited to, motor boats,
yachts, aircraft, radio stations, motorized vehicles,
trailers, or other equipment.’’.
SEC. 205. COAST GUARD AUXILIARY UNITS AS INSTRUMEN-
TALITIES OF THE UNITED STATES FOR TAX-
ATION PURPOSES.
Section 821(a) of title 14, United States Code, is
amended by inserting ‘‘The Auxiliary and each organiza-
tional element and unit shall be deemed to be instrumental-
ities and political subdivisions of the United States for tax-
ation purposes and for those exemptions as provided under
section 107 of title 4.’’ after the second sentence.
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SEC. 206. MAXIMUM AGE FOR RETENTION IN AN ACTIVE
STATUS.
Section 742 of title 14, United States Code, is
amended—
(1) by striking ‘‘sixty-two years of age.’’ in sub-
section (a) and inserting ‘‘sixty years of age unless on
active duty, other than for training, duty on a board,
or duty of a limited or temporary nature if assigned
to active duty from an inactive duty status.’’;
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively, and inserting
after subsection (a) the following:
‘‘(b) A Reserve officer on active duty, other than for
training, duty on a board, or duty of a limited or tem-
porary nature if assigned to active duty from an inactive
duty status, shall, if qualified, be retired effective upon the
day the officer becomes sixty-two years of age. If not quali-
fied for retirement, a Reserve officer on active duty, other
than for training, duty on a board, or duty of a limited
or temporary nature if assigned to active duty from an in-
active duty status, shall be discharged effective upon the day
the officer becomes sixty-two years of age.’’;
(3) by striking ‘‘sixty-four’’ in subsection (c), as
redesignated, and inserting ‘‘sixty’’;
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(4) by striking ‘‘subsections (a) and (b),’’ in sub-
section (d), as redesignated, and inserting ‘‘sub-
sections (a), (b), and (c),’’; and
(5) by striking ‘‘sixty-two’’ in subsection (d), as
redesignated, and inserting ‘‘sixty’’.
SEC. 207. TERM OF ENLISTMENTS.
Section 351(a) of title 14, United States Code, is
amended by striking ‘‘terms of full years not exceeding six
years.’’ and inserting ‘‘a period of at least 2 years but not
more than 6 years.’’.
SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT.
The second sentence of section 727 of title 14, United
States Code, is amended by striking ‘‘three years’’ and in-
serting ‘‘1 year’s’’.
SEC. 209. NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) IN GENERAL.—Chapter 7 of title 14, United States
Code, is amended by adding at the end the following:
‘‘§ 152. Nonappropriated fund instrumentalities; con-
tracts with other agencies and instrumen-
talities to provide or obtain goods and
services
‘‘The Coast Guard Exchange System, or a morale, wel-
fare, and recreation system of the Coast Guard, may enter
into a contract or other agreement with any element or in-
strumentality of the Coast Guard or with another Federal
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HR 2443 EAS
department, agency, or instrumentality thereof to provide
or obtain goods and services beneficial to the efficient man-
agement and operation of the exchange system or that mo-
rale, welfare, and recreation system.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 7 of title 14, United States Code, is amended
by inserting after the item relating to section 151 the fol-
lowing:
‘‘152. Nonappropriated fund instrumentalities; contracts with other agencies and
instrumentalities to provide or obtain goods and services’’.
SEC. 210. TRAVEL CARD MANAGEMENT.
(a) IN GENERAL.—Chapter 13 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 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 di-
rectly to the issuer of a Federal contractor- issued travel
charge card, but only in an amount not to exceed the au-
thorized travel expenses charged by that Coast Guard mem-
ber to that travel charge card issued to that employee or
member.
‘‘(b) 
WITHHOLDING
OF
NONDISPUTED
OBLIGA-
TIONS.—The Secretary may also establish requirements
similar to those established by the Secretary of Defense pur-
suant to section 2784a of title 10 for deduction or with-
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holding 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 delin-
quency.’’.
(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 fol-
lowing:
‘‘517. Travel card management’’.
SEC. 211. USE OF MILITARY CHILD DEVELOPMENT CENTERS
AND OTHER PROGRAMS.
The Secretary of Defense and the Secretary of the de-
partment in which the Coast Guard is operating, when op-
erating other than as a service in the Navy, may agree to
provide child care services to members of the armed forces
with or without reimbursement in military child develop-
ment centers and other programs supported in whole or in
part with appropriated funds. For purposes of military
child development centers and other programs operated
under the authority of subchapter II of chapter 88 of title
10, United States Code, the child of a Coast Guard member
shall be considered the same as the child of a member of
any of the other armed forces.
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TITLE III—LAW ENFORCEMENT,
MARINE SAFETY, AND ENVI-
RONMENTAL PROTECTION
SEC. 301. MARKING OF UNDERWATER WRECKS.
Section 15 of the Act of March 3, 1899 (30 Stat. 1152;
33 U.S.C. 409) is amended —
(1) by striking ‘‘day and a lighted lantern’’ in
the second sentence inserting ‘‘day and, unless other-
wise 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 waiv-
er would not create an undue hazard to navigation.’’.
SEC. 302. PROHIBITION ON OPERATION OF CERTAIN ELEC-
TRONIC DEVICES; PORTS AND WATERWAYS
PARTNERSHIPS 
AND 
COOPERATIVE 
VEN-
TURES.
Section 4 of the Ports and Waterways Safety Act (33
U.S.C. 1223), is amended—
(1) by striking ‘‘and’’ after the semicolon in sub-
section (a)(4)(D);
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(2) by striking ‘‘environment.’’ in subsection
(a)(5) and inserting ‘‘environment;’’;
(3) by adding at the end of subsection (a) the fol-
lowing:
‘‘(6) may prohibit the use of electronic or other
devices that interfere with communications and navi-
gation equipment;
‘‘(7) may carry out the functions under para-
graph (1) of this subsection, at the Secretary’s discre-
tion and on such terms and conditions as the Sec-
retary deems appropriate, either solely, or in coopera-
tion with a public or private agency, authority, asso-
ciation, institution, corporation, organization or per-
son, except that a non-governmental entity may not
carry out an inherently governmental function; and
‘‘(8) may, for the purpose of carrying out the
Secretary’s functions under paragraph (1) of this sub-
section, convey or lease real property under the ad-
ministrative control of the Coast Guard to public or
private agencies, authorities, associations, institu-
tions, corporations, organizations, or persons for such
consideration and upon such terms and conditions as
the Secretary considers appropriate, except that the
term of any such lease shall not exceed 20 years.’’;
and
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(4) by adding at the end the following:
‘‘(e) SPECIAL PROVISIONS RELATING TO SUBSECTION
(a) (7) AND (8).—
‘‘(1) DEFINITION
OF
INHERENTLY
GOVERN-
MENTAL
FUNCTION.—For purposes of subsection
(a)(7), the term ‘inherently governmental function’
means any activity that is so intimately related to
the public interest as to mandate performance by an
officer or employee of the Federal Government, includ-
ing an activity that requires either the exercise of dis-
cretion in applying the authority of the Government
or the use of judgment in making a decision for the
Government.
‘‘(2) DISPOSITION OF PROCEEDS FROM CONVEY-
ANCES AND LEASES.—Amounts collected under sub-
section (a)(7) shall be credited to a special fund in the
Treasury and ascribed to the Coast Guard. The
amounts collected shall be available to the Coast
Guard’s ‘Operating Expenses’ account without further
appropriation and without fiscal year limitation,
and the amounts appropriated from the general fund
for that account shall be reduced by the amounts so
collected.
‘‘(3) NONAPPLICATION
OF
CERTAIN
ACTS.—A
conveyance or lease of real property under subsection
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(a)(8) is not subject to subtitle I of title 40, United
States Code, or the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11301 et seq.).’’.
SEC. 303. REPORTS FROM CHARTERERS.
Section 12120 of title 46, United States Code, is
amended by striking ‘‘owners and masters’’ and inserting
‘‘owners, masters, and charterers’’.
SEC. 304. REVISION OF TEMPORARY SUSPENSION CRITERIA
IN SUSPENSION AND REVOCATION CASES.
Section 7702(d)(1) of title 46, United States Code, is
amended—
(1) by striking ‘‘if, when acting under the au-
thority of that license, certificate, or document—’’
and inserting ‘‘if—’’;
(2) by striking ‘‘has’’ in subparagraph (B)(i)
and inserting ‘‘has, while acting under the authority
of that license, certificate, or document,’’;
(3) by striking ‘‘or’’ at the end of subparagraph
(B)(ii);
(4) by striking ‘‘1982.’’ in subparagraph (B)(iii)
and inserting ‘‘1982; or’’; and
(5) by adding at the end of subparagraph (B)
the following:
‘‘(iv) is a security risk that poses a threat
to the safety or security of a vessel or a public
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or commercial structure located within or adja-
cent to the marine environment.’’.
SEC. 305. REVISION OF BASES FOR SUSPENSION AND REV-
OCATION CASES.
Section 7703 of title 46, United States Code, is
amended—
(1) by striking ‘‘incompetence, misconduct, or
negligence;’’ in paragraph (1)(B) and insert ‘‘mis-
conduct or negligence;’’;
(2) by striking ‘‘or’’ after the semicolon in para-
graph (2);
(3) by striking ‘‘note).’’ in paragraph (3) and
inserting ‘‘note);’’; and
(4) by adding at the end the following:
‘‘(4) has committed an act of incompetence relat-
ing to the operation of a vessel, whether or not acting
under the authority of that license, certificate, or doc-
ument; or
‘‘(5) is a security risk that poses a threat to the
safety or security of a vessel or a public or commer-
cial structure located within or adjacent to the ma-
rine environment.’’.
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SEC. 306. REMOVAL OF MANDATORY REVOCATION FOR
PROVED DRUG CONVICTIONS IN SUSPENSION
AND REVOCATION CASES.
Section 7704(b) of title 46, United States Code, is
amended by inserting ‘‘suspended or’’ after ‘‘shall be’’.
SEC. 307. RECORDS OF MERCHANT MARINERS’ DOCU-
MENTS.
Section 7319 of title 46, United States Code, is amend-
ed by striking the second sentence.
SEC. 308. EXEMPTION OF UNMANNED BARGES FROM CER-
TAIN CITIZENSHIP REQUIREMENTS.
(a) Section 12110(d) of title 46, United States Code,
is amended by inserting ‘‘or an unmanned barge operating
outside of the territorial waters of the United States,’’ after
‘‘recreational endorsement,’’.
(b) Section 12122(b)(6) of title 46, United States Code,
is amended by inserting ‘‘or an unmanned barge operating
outside of the territorial waters of the United States,’’ after
‘‘recreational endorsement,’’.
SEC. 309. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS
OF CERTAIN BRIDGE STATUTES.
(a) Section 5(b) of the Bridge Act of 1906 (33 U.S.C.
495) is amended by striking ‘‘$1,000.’’ and inserting
‘‘$25,000.’’.
(b) Section 5(c) of the Act entitled ‘‘An Act making
appropriations for the construction, repair, and preserva-
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(3) by redesignating paragraphs (1) and (2) of
subsection (b) as subparagraphs (A) and (B), respec-
tively;
(4) by adding at the end of subsection (b) the fol-
lowing:
‘‘(2) Any person, including, a director, officer, or exec-
utive employee of a corporation, who knowingly and will-
fully violates section 4307(a) of this title, shall be fined not
more than $10,000, imprisoned for not more than one year,
or both.’’; and
(5) by striking ‘‘$1,000.’’ in subsection (c) and
inserting ‘‘$5,000.’’.
SEC. 311. CORRECTION TO DEFINITION OF FEDERAL LAW
ENFORCEMENT AGENCIES IN THE ENHANCED
BORDER SECURITY AND VISA ENTRY REFORM
ACT OF 2002.
Paragraph (4) of section 2 of the Enhanced Border Se-
curity and Visa Entry Reform Act of 2002, Public Law
107–173, is amended by striking subparagraph (G) and in-
serting the following:
‘‘(G) The United States Coast Guard.’’.
SEC. 312. STOPPING VESSELS; IMMUNITY FOR FIRING AT OR
INTO VESSEL.
(a) IN GENERAL.—Section 637 of title 14, United
States Code, is amended—
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(1) by striking subsection (a) and inserting the
following:
‘‘(a) Whenever any vessel liable to seizure or examina-
tion does not stop on being ordered to do so or on being
pursued by an authorized vessel or authorized aircraft
which has displayed the ensign, pennant, or other identi-
fying insignia prescribed for an authorized vessel or author-
ized aircraft, the person in command or in charge of the
authorized vessel or authorized aircraft may, after a gun
has been fired by the authorized vessel or authorized aircraft
as a warning signal, fire at or into the vessel which does
not stop; except that the prior use of the warning signal
is not required if its use would unreasonably endanger per-
sons or property in the vicinity of the vessel.’’;
(2) by inserting ‘‘or’’ after the semicolon in sub-
section (c)(1);
(3) by striking paragraphs (2) and (3) of sub-
section (c) and inserting the following:
‘‘(2) it is a surface naval vessel or military air-
craft on which one or more members of the Coast
Guard are assigned pursuant to section 379 of title
10.’’; and
(4) by striking subsection (d).
(b) REPORT.—The Commandant of the Coast Guard
shall transmit a report annually to the Senate Committee
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on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infra-
structure describing the location, vessels or aircraft, cir-
cumstances, 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 author-
ized 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 sec-
tion.
SEC. 313. USE OF UNEXPENDED FUNDS FOR BRIDGE ALTER-
ATIONS UNDER TRUMAN-HOBBS ACT.
Section 8 of the Act of June 21, 1940 (33 U.S.C. 518)
is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘There’’; and
(2) by adding at the end the following:
‘‘(b) UNEXPENDED FUNDS.—In addition to other uses
permitted by law, upon completion of a bridge alteration
project, unexpended funds previously appropriated or other-
wise available for the completed project may be used to pay
the Federal share of the design and construction costs for
other bridge alteration projects authorized under this Act.’’.
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SEC. 314. INLAND NAVIGATION RULES PROMULGATION AU-
THORITY.
(a) REPEAL.—Section 2 of the Inland Navigation
Rules Act of 1980 (33 U.S.C. 2001) is repealed.
(b) INLAND NAVIGATION RULES.—Section 3 of the In-
land Navigation Rules Act of 1980 (33 U.S.C. 2002) is
amended to read as follows:
‘‘SEC. 3. INLAND NAVIGATION RULES.
‘‘The Secretary may issue inland navigation regula-
tions applicable to all vessels upon the inland waters of the
United States and technical annexes that are as consistent
as possible with the respective annexes to the International
Regulations.’’.
SEC. 315. PREVENTION OF DEPARTURE.
Section 3505 of title 46, United States Code, is amend-
ed to read as follows:
‘‘§ 3505. Prevention of departure
‘‘Notwithstanding section 3303(a) of this title, a for-
eign vessel carrying a citizen of the United States as a pas-
senger or embarking passengers from a United States port
may not depart from a United States port if the Secretary
finds that the vessel does not comply with the standards
stated in the International Convention for the Safety of Life
at Sea to which the United States Government is currently
a party.’’.
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SEC. 316. COMPLIANCE WITH INTERNATIONAL SAFETY MAN-
AGEMENT CODE.
(a) APPLICATION OF EXISTING LAW.—Section 3202(a)
of title 46, United States Code, is amended to read as fol-
lows:
‘‘(a) MANDATORY APPLICATION.—This chapter applies
to a vessel that—
‘‘(1)(A) is transporting more than 12 passengers
described in section 2101(21)(A) of this title; or
‘‘(B) is of at least 500 gross tons as measured
under section 14502 of this title, or an alternate ton-
nage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of
this title, that is a tanker, freight vessel, bulk freight
vessel, high speed freight vessel, or self-propelled mo-
bile 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 voy-
age, any part of which is on the high seas.’’.
(b) COMPLIANCE
OF REGULATIONS WITH INTER-
NATIONAL SAFETY MANAGEMENT CODE.—Section 3203(b)
of title 46, United States Code, is amended by striking ‘‘ves-
sels engaged on a foreign voyage.’’ and inserting ‘‘vessels
to which this chapter applies.’’.
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SEC. 317. AMENDMENTS TO VESSEL RESPONSE PLAN RE-
QUIREMENTS.
(a) IN GENERAL.—Section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) is amended—
(1) by striking the caption of paragraph (5) and
inserting ‘‘(5) TANK VESSEL, NON-TANK VESSEL, AND
FACILITY RESPONSE PLANS.—’’;
(2) by adding at the end of paragraph (5)(A)
‘‘The President shall also issue regulations which re-
quire an owner or operator of a non-tank vessel de-
scribed in subparagraph (C) to prepare and submit
to the President a plan for responding, to the max-
imum extent practicable, to a worst case discharge,
and to a substantial threat of such a discharge, of
oil.’’;
(3) by striking ‘‘vessels and’’ in paragraph
(5)(B) and inserting ‘‘vessels, non-tank vessels, and’’;
(4) by redesignating clauses (ii) and (iii) of
paragraph (5)(B) as clauses (iii) and (iv), respec-
tively, and inserting after clause (i) the following:
‘‘(ii) A non-tank vessel.’’;
(5) by striking ‘‘vessel or’’ in paragraph (5)(D)
and inserting ‘‘vessel, a non-tank vessel, or an’’;
(6) by inserting ‘‘non-tank vessel,’’ in paragraph
(5)(E) after ‘‘vessel,’’ each place it appears;
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(7) by inserting ‘‘ non-tank vessel,’’ in para-
graph (5)(F) after ‘‘vessel,’’;
(8) by striking ‘‘vessel or’’ in paragraph (5)(F)
and inserting ‘‘vessel, non-tank vessel, or’’;
(9) by inserting ‘‘non-tank vessel,’’ in paragraph
(5)(G) after ‘‘vessel,’’;
(10) by inserting ‘‘and non-tank vessel’’ in para-
graph (5)(H) after ‘‘each tank vessel’’;
(11) by striking ‘‘Not later than 2 years after the
date of enactment of this section, the President shall
require—’’ in paragraph (6) and inserting ‘‘The
President shall require—’’;
(12) by striking ‘‘cargo’’ in paragraph (6)(B)
and inserting ‘‘cargo, and non-tank vessels carrying
oil of any kind as fuel for main propulsion,’’; and
(13) by striking ‘‘vessel and’’ in paragraph (7)
and inserting ‘‘vessel, non-tank vessel, and’’ in para-
graph (7).
(b) NON-TANK VESSEL DEFINED.—Section 311(a) of
the Federal Water Pollution Control Act (33 U.S.C. 1321)
is amended—
(1) by striking ‘‘and’’ after the semicolon in
paragraph (24)(B);
(2) by striking ‘‘threat.’’ in paragraph (25) and
inserting ‘‘threat; and’’; and
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(3) by adding at the end the following:
‘‘(26) ‘non-tank vessel’ means a self-propelled
vessel of 400 gross tons or greater, other than a tank
vessel, which carries oil of any kind as fuel for main
propulsion and that—
‘‘(A) is a vessel of the United States; or
‘‘(B) operates on the navigable waters of the
United States.’’.
(c) ADDITION OF NOXIOUS LIQUID SUBSTANCES TO
THE LIST OF HAZARDOUS SUBSTANCES FOR WHICH THE
COAST GUARD MAY REQUIRE A RESPONSE PLAN.—Section
311(j)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(5)) is further amended—
(1) by redesignating subparagraphs (B) through
(H) as subparagraphs (C) through (I), respectively;
(2) by inserting after subparagraph (A) the fol-
lowing:
‘‘(B) The Secretary of the Department in which
the Coast Guard is operating may issue regulations
which require an owner or operator of a tank vessel,
a vessel carrying in bulk noxious liquid substances, or
a facility described in subparagraph (C) to prepare
and submit to the Secretary a plan for responding, to
the maximum extent practicable, to a worst case dis-
charge, and to a substantial threat of such a dis-
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charge, of a noxious liquid substance. For purposes of
this paragraph, the term ‘noxious liquid substance’
has the same meaning when that term is used in the
MARPOL Protocol described in section 2(a)(3) of the
Act to Prevent Pollution from Ships (33 U.S.C.
1901(a)(3)), and the term ‘carrying in bulk’ means
loading or carrying on board a vessel without the ben-
efit of containers or labels and received and handled
by carrier without mark or count.’’;
(3) by striking ‘‘subparagraph (B)’’ in subpara-
graph (A) and inserting ‘‘subparagraph (C)’’;
(4) by striking ‘‘subparagraph (A)’’ in subpara-
graph (C), as redesignated, and inserting ‘‘subpara-
graphs (A) and (B)’’;
(5) by striking ‘‘subparagraph (D),’’ in clause (i)
of subparagraph (F), as redesignated, and inserting
‘‘subparagraph (E),’’; and
(6) by striking subparagraph (G), as redesig-
nated, and inserting the following:
‘‘(G) Notwithstanding subparagraph (F),
the President may authorize a tank vessel, non-
tank vessel, offshore facility, or onshore facility
that handles, stores, or transports oil to operate
without a response plan approved under this
paragraph, until not later than 2 years after the
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date of the submission to the President of a plan
for the tank vessel, non-tank vessel, or facility, if
the owner or operator certifies that the owner or
operator has ensured by contract or other means
approved by the President the availability of pri-
vate personnel and equipment necessary to re-
spond, to the maximum extent practicable, to a
worst case discharge or a substantial threat of
such a discharge.’’.
SEC. 318. REQUIREMENTS FOR TANK LEVEL AND PRESSURE
MONITORING DEVICES.
Section 4110 of the Oil Pollution Act of 1990 (46
U.S.C. 3703 note) is amended—
(1) by striking ‘‘shall’’ each place it appears and
inserting ‘‘may’’; and
(2) by adding at the end the following:
‘‘(c) STUDY.—(1) The Secretary of the Department in
which the Coast Guard is operating shall conduct a study
analyzing the costs and benefits of methods other than those
described in subsections (a) and (b) for effectively detecting
the loss of oil from oil cargo tanks. The study may include
technologies, monitoring procedures, and other methods.
‘‘(2) In conducting the study, the Secretary may seek
input from Federal agencies, industry, and other entities.
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‘‘(3) The Secretary shall provide the study to the Sen-
ate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transpor-
tation and Infrastructure not later than 180 days after the
date of enactment of this Act.’’.
SEC. 319. REPORT ON IMPLEMENTATION OF THE OIL POL-
LUTION ACT.
(a) IN GENERAL.—No later than 180 days of enact-
ment of this Act, the Coast Guard shall provide a written
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure with respect
to issues related to implementation of the Oil Pollution Act
of 1990 (33 U.S.C. 2701 et seq.).
(b) SCOPE.—The report shall include the following:
(1) The status of the levels of funds currently in
the Oil Spill Liability Trust Fund and projections for
levels of funds over the next 5 years.
(2) The domestic and international implications
of changing the phase-out date for single hull vessels
pursuant to section 3703a of title 46, United States
Code, from 2015 to 2010.
(3) The costs and benefits of requiring vessel
monitoring systems on tank vessels used to transport
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oil or other hazardous cargo, and from using addi-
tional aids to navigation, such as RACONs.
(4) A summary of the extent to which the re-
sponse 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 sub-
section (d)(4) of that Act (33 U.S.C. 2704(d)(4)).
(5) A summary of manning, inspection, and
other safety issues for tank barges and towing vessels
used in connection with them, including—
(A) a description of applicable Federal reg-
ulations, guidelines, and other policies;
(B) a record of infractions of applicable re-
quirements 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 tank-
er 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 tow-
ing vessels.
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SEC. 320. LOANS FOR FISHERMEN IMPACTED BY OIL
SPILLS.
(a) INTEREST; PARTIAL PAYMENT OF CLAIMS.—Sec-
tion 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 sec-
tion 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—
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‘‘(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 sub-
sections (a) through (e) of this section; and
‘‘(C) shall be at a low interest rate, as de-
termined 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 pro-
gram 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 con-
sultation with the Administrator of the Environmental Pro-
tection Agency, shall submit to Congress a study that
contains—
(1) an assessment of the effectiveness of the
claims procedures and emergency response programs
under the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.) concerning claims filed by, and emergency re-
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sponses carried out to protect the interests of, fisher-
men and aquaculture producers; and
(2) any legislative or other recommendations to
improve the procedures and programs referred to in
paragraph (1).
SEC. 321. FISHERIES ENFORCEMENT PLANS AND REPORT-
ING.
(a) FISHERIES ENFORCEMENT PLANS.—The Coast
Guard and the National Oceanic and Atmospheric Admin-
istration shall, to the maximum extent possible, consult
with each other and with State and local enforcement au-
thorities in preparing their annual fisheries enforcement
plans.
(b) FISHERY PATROLS.—Prior to undertaking fish-
eries patrols, the Coast Guard and the National Oceanic
and Atmospheric Administration shall, to the maximum ex-
tent possible, provide to each other and to appropriate State
and local enforcement authorities their intentions and pro-
jected dates for such patrols.
(c) ANNUAL SUMMARY.—The Coast Guard and Na-
tional Oceanic and Atmospheric Administration shall pre-
pare and make available to each other, State and local en-
forcement entities, and other relevant stakeholders, an an-
nual summary report of fisheries enforcement activities for
the preceding year, including a summary of the number of
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patrols, law enforcement actions taken, and resource hours
expended.
SEC. 322. DEEPWATER REPORT.
No later than 180 days after enactment of this Act,
the Coast Guard shall provide a written report to the Senate
Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation
and Infrastructure with respect to performance under the
first term of the Integrated Deepwater System contract. The
report shall include an analysis of how well the prime con-
tractor has met the two key performance goals of oper-
ational effectiveness and minimizing total ownership costs.
The report shall include a description of the measures im-
plemented by the prime contractor to meet these goals and
how these measures have been or will be applied for sub-
contracts awarded during the 5-year term of the contract,
as well as criteria used by the Coast Guard to assess the
contractor’s performance against these goals. To the extent
available, the report shall include performance and cost
comparisons of alternatives examined in implementing the
contract.
SEC. 323. SMALL PASSENGER VESSEL SAFETY.
(a) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of the De-
partment in which the Coast Guard is operating shall re-
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port to the Congress regarding the enforcement efforts and
degree of compliance regarding the 1996 amendments to the
Small Passenger Vessel Regulations (title 46, Code of Fed-
eral Regulations, part 185) requiring the master of a small
passenger vessel to require passengers to don life jackets
when possible hazardous conditions exist including—
(1) transiting hazardous bars or inlets;
(2) during severe weather;
(3) in the event of flooding, fire, or other events
that may possibly call for evacuation; and
(4) when the vessel is being towed, except a non-
self-propelled vessel under normal operating condi-
tions.
(b) CONTENTS.—The report under this section shall
include—
(1) a section regarding the enforcement efforts
the Coast Guard has undertaken to enforce these regu-
lations;
(2) a section detailing compliance with these reg-
ulations, to include the number of vessels and masters
cited for violations of these regulations for fiscal years
1998 through 2003;
(3) a section detailing the number and types of
marine casualties for fiscal years 1998 through 2003
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which have been related wholly or in part to viola-
tions of these regulations; and
(4) a section providing recommendation on im-
proving compliance with, and possible modifications
to, these regulations.
SEC. 324. ELECTRONIC NAVIGATIONAL CHARTING.
The Commandant of the Coast Guard, in consultation
with the Administrator of the National Oceanic and Atmos-
pheric Administration, shall provide a written report to the
Senate Committee on Commerce, Science, and Transpor-
tation, and to the House of Representatives Committee on
Transportation and Infrastructure no later than 180 days
after the date of enactment of this Act with respect to elec-
tronic navigational charts. The report shall include—
(1) the costs for the National Oceanic and At-
mospheric Administration to complete the suite of
electronic navigational charts;
(2) the costs and benefits of a United States re-
quirement of electronic navigation systems on vessels;
and
(3) a description of international standards and
requirements that already exist or are being developed
for the use of electronic navigation systems.
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SEC. 325. MEASURES FOR THE PROTECTION OF NORTH AT-
LANTIC RIGHT WHALES FROM SHIP STRIKES.
(a) Within 120 days of enactment of this Act, the Sec-
retary shall initiate studies to examine options for mini-
mizing vessel strikes of North Atlantic Right Whales in the
access of ports which the Secretary, in consultation with
the Administrator of the National Oceanic and Atmospheric
Administration, has determined—based on a review of past
incidents of vessel strikes as well as available scientific,
navigation, and other data—pose a substantial risk of ves-
sel strikes of North Atlantic Right Whales. Such studies
shall examine measures identified in consultation with the
Administrator, including vessel routing, reporting and/or
speed measures, that would minimize vessel strikes of North
Atlantic Right Whales.
(b) Within 18 months of enactment of this Act, the Sec-
retary of Homeland Security shall, in consultation with
Administrator of the National Oceanic and Atmospheric
Administration, provide a report to the Senate Committee
on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infra-
structure on the results of the studies referred to in para-
graph (a), including—
(1) a discussion of the effectiveness of the meas-
ures studied in reducing ship strikes of North Atlantic
Right Whales;