H. R. 2443—36
fiscal year 2005. The Secretary of Transportation may transfer
from the Federal Aviation Administration and other agencies of
the Department funds appropriated as authorized under this section
in order to reimburse the Coast Guard for related expenses.
SEC. 621. DEEPWATER REPORT.
(a) REPORT.—No later than 180 days after enactment of this
Act, the Coast Guard shall provide a written report to the Com-
mittee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives with respect to performance under the
first term of the Integrated Deepwater System contract.
(b) CONTENTS.—The report shall include the following:
(1) An analysis of how well the prime contractor has met
the two key performance goals of operational effectiveness and
minimizing total ownership costs.
(2) A description of the measures implemented by the prime
contractor to meet these goals and how these measures have
been or will be applied for subcontracts awarded during the
5-year term of the contract, as well as criteria used by the
Coast Guard to assess the contractor’s performance against
these goals.
(3) To the extent available, performance and cost compari-
sons of alternatives examined in implementing the contract.
(4) A detailed description of the measures that the Coast
Guard has taken to implement the recommendations of the
General Accounting Office’s March 2004 report on the Deep-
water program (including the development of measurable award
fee criteria, improvements to integrated product teams, and
a plan for ensuring competition of subcontracts).
(5) A description of any anticipated changes to the mix
of legacy and replacement assets over the life of the program,
including Coast Guard infrastructure and human capital needs
for integrating such assets, and a timetable and estimated
costs for maintaining each legacy asset and introducing each
replacement asset over the life of the contract, including a
comparison to any previous estimates of such costs on an asset-
specific basis.
SEC. 622. JUDICIAL REVIEW OF NATIONAL TRANSPORTATION SAFETY
BOARD FINAL ORDERS.
Section 1153 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(d) COMMANDANT SEEKING JUDICIAL REVIEW
OF MARITIME
MATTERS.—If the Commandant of the Coast Guard decides that
an order of the Board issued pursuant to a review of a Coast
Guard action under section 1133 of this title will have an adverse
impact on maritime safety or security, the Commandant may obtain
judicial review of the order under subsection (a). The Commandant,
in the official capacity of the Commandant, shall be a party to
the judicial review proceedings.’’.
SEC. 623. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DIS-
POSAL.
(a) EXTENSION OF INTERIM AUTHORITY.—The Secretary of the
Department in which the Coast Guard is operating shall continue
to implement and enforce United States Coast Guard 1997 Enforce-
ment Policy for Cargo Residues on the Great Lakes (hereinafter
H. R. 2443—37
in this section referred to as the ‘‘Policy’’) or revisions thereto,
in accordance with that policy, for the purpose of regulating inci-
dental discharges from vessels of residues of dry bulk cargo into
the waters of the Great Lakes under the jurisdiction of the United
States, until the earlier of—
(1) the date regulations are promulgated under subsection
(b) for the regulation of incidental discharges from vessels
of dry bulk cargo residue into the waters of the Great Lakes
under the jurisdiction of the United States; or
(2) September 30, 2008.
(b) PERMANENT AUTHORITY.—Notwithstanding any other law,
the Commandant of the Coast Guard may promulgate regulations
governing the discharge of dry bulk cargo residue on the Great
Lakes.
(c) ENVIRONMENTAL ASSESSMENT.—No later than 90 days after
the date of the enactment of this Act, the Secretary of the depart-
ment in which the Coast Guard is operating shall commence the
environmental assessment necessary to promulgate the regulations
under subsection (b).
SEC. 624. SMALL PASSENGER VESSEL REPORT.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall study and report to
the Congress regarding measures that should be taken to increase
the likelihood of survival of passengers on small passenger vessels
who may be in the water resulting from the capsizing of, sinking
of, or other marine casualty involving the small passenger vessel.
The study shall include a review of the adequacy of existing
measures—
(1) to keep the passengers out of the water, including
inflatable life rafts and other out-of-the-water survival crafts;
(2) to protect individuals from hypothermia and cold shock
in water having a temperature of less than 68 degrees Fahr-
enheit;
(3) for safe egress of passengers wearing personal flotation
devices; and
(4) for the enforcement efforts and degree of compliance
regarding the 1996 amendments to the Small Passenger Vessel
Regulations (part 185 of title 46, Code of Federal Regulations)
requiring the master of a small passenger vessel to require
passengers to wear personal flotation devices when possible
hazardous conditions exist including—
(A) when transiting hazardous bars or inlets;
(B) during severe weather;
(C) in the event of flooding, fire, or other events that
may call for evacuation; and
(D) when the vessel is being towed, except during
the towing of a non-self-propelled vessel under normal oper-
ating conditions.
(b) CONTENTS.—The report under this section shall include—
(1) a section regarding the efforts the Coast Guard has
undertaken to enforce the regulations described in subsection
(a)(4);
(2) a section detailing compliance with these regulations,
to include the number of vessels and masters cited for violations
of those regulations for fiscal years 1998 through 2003;
H. R. 2443—38
(3) a section detailing the number and types of marine
casualties that occurred in fiscal years 1998 through 2003 that
included violations of those regulations; and
(4) a section providing recommendation on improving
compliance with, and possible modifications to, those regula-
tions.
SEC. 625. CONVEYANCE OF MOTOR LIFEBOAT.
(a) IN GENERAL.—The Commandant of the Coast Guard shall
convey all right, title, and interest of the United States in and
to the Coast Guard 44-foot Motor Lifeboat Vessel #44345 formerly
assigned to the Group Grand Haven Command, to the city of
Ludington, Michigan, without consideration, if the recipient com-
plies with the conditions under subsection (b).
(b) CONDITIONS.—As a condition of any conveyance of a vessel
under subsection (a), the Commandant shall require the recipient
to—
(1) agree—
(A) to use the vessel for purposes of education and
historical display;
(B) not to use the vessel for commercial transportation
purposes;
(C) to make the vessel available to the United States
Government if needed for use by the Commandant in time
of war or a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls (PCBs), after
conveyance of the vessel, except for claims arising from
use of the vessel by the Government under subparagraph
(C);
(2) have funds available that will be committed to operate
and maintain the vessel conveyed in good working condition,
in the form of cash, liquid assets, or a written loan commitment;
and
(3) agree to any other conditions the Commandant con-
siders appropriate.
(c) MAINTENANCE AND DELIVERY OF VESSEL.—Before conveying
a vessel under this section, the Commandant shall, to the extent
practical, and subject to other Coast Guard mission requirements,
make every effort to maintain the integrity of the vessel and its
equipment until the time of delivery. The Commandant shall deliver
a vessel conveyed under this section at the place where the vessel
is located, in its present condition, and without cost to the Govern-
ment. The conveyance of a vessel under this section shall not
be considered a distribution in commerce for purposes of section
6(e) of Public Law 94–469 (15 U.S.C. 2605(e)).
(d) OTHER EXCESS EQUIPMENT.—The Commandant may convey
to the recipient of a vessel under this section any excess equipment
or parts from other decommissioned Coast Guard vessels for use
to enhance the vessel’s operability and function as an historical
display.
SEC. 626. STUDY ON ROUTING MEASURES.
The Secretary of the department in which the Coast Guard
is operating—
(1) shall cooperate with the Administrator of the National
Oceanic and Atmospheric Administration in analyzing potential
H. R. 2443—39
vessel routing measures for reducing vessel strikes of North
Atlantic Right Whales, as described in the notice published
at pages 30857 through 30861 of volume 69 of the Federal
Register; and
(2) within 18 months after the date of the enactment of
this Act, shall provide a final report of its analysis to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives.
SEC. 627. CONVEYANCE OF LIGHT STATIONS.
Section 308(c) of the National Historic Preservation Act (16
U.S.C. 470w–7(c)) is amended by adding at the end the following:
‘‘(4) LIGHT STATIONS ORIGINALLY CONVEYED UNDER OTHER
AUTHORITY.—Upon receiving notice of an executed or intended
conveyance by an owner who—
‘‘(A) received from the Federal Government under
authority other than this Act an historic light station in
which the United States retains a reversionary or other
interest; and
‘‘(B) is conveying it to another person by sale, gift,
or any other manner,
the Secretary shall review the terms of the executed or proposed
conveyance to ensure that any new owner is capable of or
is complying with any and all conditions of the original convey-
ance. The Secretary may require the parties to the conveyance
and relevant Federal agencies to provide such information as
is necessary to complete this review. If the Secretary determines
that the new owner has not or is unable to comply with those
conditions, the Secretary shall immediately advise the Adminis-
trator, who shall invoke any reversionary interest or take such
other action as may be necessary to protect the interests of
the United States.’’.
SEC. 628. WAIVER.
The Secretary of the department in which the Coast Guard
is operating may waive the application of section 2101(21) of title
46, United States Code, with respect to one of two adult chaperones
who do not meet the requirements of subparagraph (A)(i), (ii),
or (iii) of such section on board each vessel owned or chartered
by the Florida National High Adventure Sea Base program of
the Boy Scouts of America, if the Secretary determines that such
a waiver will not compromise safety.
SEC. 629. APPROVAL OF MODULAR ACCOMMODATION UNITS FOR
LIVING QUARTERS.
(a) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall approve the use of a modular
accommodation unit on a floating offshore facility to provide accom-
modations for up to 12 individuals, if —
(1) the unit is approximately 12 feet in length and 40
feet in width;
(2) before March 31, 2002—
(A) the Secretary approved use of the unit to provide
accommodations on such a facility; and
(B) the unit was used to provide such accommodations;
and