IB 
Union Calendar No. 127
108TH CONGRESS 
1ST SESSION H. R. 2443
[Report No. 108–233] 
To authorize appropriations for the Coast Guard for fiscal year 2004, to 
amend various laws administered by the Coast Guard, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2003
Mr. YOUNG of Alaska (for himself, Mr. LOBIONDO, Mr. OBERSTAR, and Mr. 
FILNER) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
JULY 24, 2003 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 12, 2003] 
A BILL 
To authorize appropriations for the Coast Guard for fiscal 
year 2004, to amend various laws administered by the 
Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be referred to as the ‘‘Coast Guard and 
Maritime Transportation Act of 2003’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows:
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—AUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
TITLE II—COAST GUARD MANAGEMENT 
Sec. 201. Long-term leases. 
Sec. 202. Nonappropriated fund instrumentalities. 
Sec. 203. Term of enlistments. 
Sec. 204. Enlisted member critical skill training bonus. 
Sec. 205. Enhancement of Coast Guard authority to stop vessels liable to seizure 
or examination. 
Sec. 206. Administrative, collection, and enforcement costs for certain fees and 
charges. 
Sec. 207. Expansion of Coast Guard housing authorities. 
Sec. 208. Requirement for constructive credit. 
Sec. 209. Maximum age for retention in an active status. 
Sec. 210. Payments. 
Sec. 211. Coast Guard fellowship program. 
Sec. 212. Air search and rescue facility in Muskegon County, Michigan. 
Sec. 213. National Coast Guard Museum. 
Sec. 214. Limitation on number of commissioned officers. 
Sec. 215. Redistricting notification requirement. 
TITLE III—NAVIGATION 
Sec. 301. Marking of underwater wrecks. 
Sec. 302. Use of electronic devices; cooperative agreements. 
Sec. 303. Inland navigation rules promulgation authority. 
TITLE IV—SHIPPING 
Sec. 401. Reports from charterers. 
Sec. 402. Suspension of documents in lieu of mandatory revocation for proved 
drug convictions. 
Sec. 403. Inspection of records of merchant mariners’ documents. 
Sec. 404. Exemption of unmanned barges from citizenship requirements regard-
ing command of vessel. 
Sec. 405. Administrative, collection, and enforcement costs for certain fees and 
charges. 
Sec. 406. Compliance with International Safety Management Code.
Sec. 407. Civil penalties for failure to comply with recreational vessel and associ-
ated equipment safety standards. 
Sec. 408. Revision of temporary suspension criteria in document suspension and 
revocation cases. 
Sec. 409. Revision of bases for document suspension and revocation cases. 
Sec. 410. Hours of service on towing vessels. 
Sec. 411. Automatic identification system electronic charts. 
Sec. 412. Prevention of departure. 
TITLE V—FEDERAL MARITIME COMMISSION 
Sec. 501. Authorization of appropriations for Federal Maritime Commission. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Increase in civil penalties for violations of certain bridge statutes. 
Sec. 602. Conveyance of decommissioned Coast Guard Cutter SUNDEW. 
Sec. 603. Tonnage measurement. 
Sec. 604. Operation of vessel STAD AMSTERDAM. 
Sec. 605. Great Lakes National Maritime Enhancement Institute. 
Sec. 606. Agile Port and Intelligent Border Security National Demonstration 
Project. 
Sec. 607. Koss Cove. 
Sec. 608. Miscellaneous certificates of documentation. 
Sec. 609. Dredging study. 
Sec. 610.
Report regarding security inspection of vessels and vessel-borne cargo 
containers entering the United States. 
TITLE VII—AMENDMENTS RELATING TO OIL POLLUTION ACT OF 
1990
Sec. 701. Vessel response plans for nontank vessels over 400 gross tons. 
Sec. 702. Requirements for tank level and pressure monitoring devices. 
Sec. 703. Liability and cost recovery.
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
(a) OPERATIONS AND CAPITAL ACQUISITIONS.—
(1) IN GENERAL.—Funds are authorized to be 
appropriated for fiscal year 2004 for necessary ex-
penses of the Coast Guard as follows: 
(A) OPERATING EXPENSES.—For the oper-
ating 
expenses 
of 
the 
Coast 
Guard, 
$4,996,000,000, of which—
(i) $4,979,000,000 is for operation and 
maintenance of the Coast Guard; and 
(ii) $17,000,000 is for environmental 
compliance and restoration at Coast Guard 
facilities (other than parts and equipment 
associated with operations and mainte-
nance). 
(B) CAPITAL ACQUISITIONS.—For the cap-
ital 
acquisitions 
of 
the 
Coast 
Guard, 
$1,097,000,000, of which—
(i) $355,000,000 is for acquisition, 
construction, rebuilding, and improvement 
of aids to navigation, shore and offshore fa-
cilities, vessels, and aircraft, including 
equipment related thereto; 
(ii) $702,000,000 is for acquisition 
and construction of shore and offshore fa-
cilities, vessels, and aircraft, including 
equipment related thereto, and other activi-
ties that constitute the Integrated Deep-
water Systems program; 
(iii) $22,000,000 is for research, devel-
opment, test, and evaluation of technologies, 
materials, and human factors directly relat-
ing to improving the performance of the
Coast Guard’s mission in support of search 
and rescue, aids to navigation, marine safe-
ty, marine environmental protection, en-
forcement of laws and treaties, ice oper-
ations, oceanographic research, and defense 
readiness; and 
(iv) $18,000,000 is for the alteration or 
removal of bridges over navigable waters of 
the United States constituting obstructions 
to navigation, and for personnel and ad-
ministrative 
costs 
associated 
with 
the 
Bridge Alteration Program. 
(2) SOURCE OF FUNDS.—
(A) OPERATING EXPENSES.—Of the amount 
authorized in paragraph (1)(A), $25,000,000 is 
authorized to be derived from the Oil Spill Li-
ability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 
1990. 
(B) 
CAPITAL
ACQUISITIONS.—Of 
the 
amounts authorized by paragraph (1)(B)—
(i) $20,000,000 is authorized to be de-
rived from the Oil Spill Liability Trust 
Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990; 
and 
(ii) $3,500,000 is authorized to be de-
rived each fiscal year from the Oil Spill Li-
ability Trust Fund to carry out the pur-
poses of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990. 
(b) RETIRED PAY.—There is authorized to be appro-
priated for Coast Guard retired pay (including the pay-
ment of obligations otherwise chargeable to lapsed appro-
priations for this purpose), payments with respect to the 
Coast Guard under the Retired Serviceman’s Family Pro-
tection and Survivor Benefit Plans, and payments for med-
ical care of retired Coast Guard personnel and their de-
pendents under chapter 55 of title 10, United States Code, 
$1,020,000,000. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is 
authorized an end-of-year strength for active duty personnel 
of 45,500 as of September 30, 2004. 
(b) MILITARY TRAINING STUDENT LOADS.—The Coast 
Guard is authorized average military training student 
loads as follows:
(1) For recruit and special training for fiscal 
year 2004, 2,500 student years. 
(2) For flight training for fiscal year 2004, 125 
student years. 
(3) For professional training in military and ci-
vilian institutions for fiscal year 2004, 350 student 
years. 
(4) For officer acquisition for fiscal year 2004, 
1,200 student years. 
TITLE II—COAST GUARD 
MANAGEMENT 
SEC. 201. LONG-TERM LEASES. 
Section 93 of title 14, United States Code, is amend-
ed— 
(1) by redesignating paragraphs (a) through (x) 
in order as paragraphs (1) through (23); 
(2) in paragraph (18) (as so redesignated) by 
striking the comma at the end and inserting a semi-
colon; 
(3) by inserting ‘‘(a)’’ before ‘‘For the purpose’’; 
and 
(4) by adding at the end the following: 
‘‘(b)(1) Notwithstanding subsection (a)(14), a lease de-
scribed in paragraph (2) of this subsection may be for a 
term of up to 20 years.
‘‘(2) A lease referred to in paragraph (1) is a lease—
‘‘(A) to the United States Coast Guard Academy 
Alumni Association for the construction of an Alumni 
Center on the grounds of the United States Coast 
Guard Academy; or 
‘‘(B) to an entity with which the Commandant 
has a cooperative agreement under section 4(e) of the 
Ports and Waterways Safety Act, and for which a 
term longer than 5 years is necessary to carry out the 
agreement.’’. 
SEC. 202. NONAPPROPRIATED FUND INSTRUMENTALITIES. 
(a) IN GENERAL.—Chapter 7 of title 14, United States 
Code, is amended by adding at the end the following: 
‘‘§ 152. Nonappropriated fund instrumentalities: 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 
department, agency, or instrumentality to provide or obtain 
goods and services beneficial to the efficient management 
and operation of the Coast Guard Exchange System or that 
morale, welfare, and recreation system.’’.
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 7 of title 14, United States Code, 
is amended by adding at the end the following:
‘‘152. Nonappropriated fund instrumentalities: contracts with other agencies and 
instrumentalities to provide or obtain goods and services.’’.
SEC. 203. TERM OF ENLISTMENTS. 
Section 351(a) of title 14, United States Code, is 
amended by striking ‘‘terms of full years not exceeding six 
years.’’ and inserting ‘‘a period of at least two years but 
not more than six years.’’. 
SEC. 204. ENLISTED MEMBER CRITICAL SKILL TRAINING 
BONUS. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is amended by inserting after section 373 the 
following: 
‘‘§ 374. Critical skill training bonus 
‘‘(a) The Secretary may provide a bonus, not to exceed 
$20,000, to an enlisted member who completes training in 
a skill designated as critical, if at least four years of obli-
gated active service remain on the member’s enlistment at 
the time the training is completed. A bonus under this sec-
tion may be paid in a single lump sum or in periodic in-
stallments. 
‘‘(b) If an enlisted member voluntarily or because of 
misconduct does not complete the member’s term of obli-
gated active service, the Secretary may require the member
to repay the United States, on a pro rata basis, all sums 
paid under this section. The Secretary may charge interest 
on the amount repaid at a rate, to be determined quarterly, 
equal to 150 percent of the average of the yields on the 91-
day Treasury bills auctioned during the calendar quarter 
preceding the date on which the amount to be repaid is de-
termined.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 11 of title 14, United States Code, 
is amended by inserting the following after the item relating 
to section 373:
‘‘374. Critical skill training bonus.’’.
SEC. 205. ENHANCEMENT OF COAST GUARD AUTHORITY TO 
STOP VESSELS LIABLE TO SEIZURE OR EXAM-
INATION. 
(a) REPEAL OF REQUIREMENT TO FIRE WARNING 
SHOT.—Subsection (a) of section 637 of title 14, United 
States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) by striking ‘‘after a’’ and all that follows 
through ‘‘signal,’’ and inserting ‘‘subject to paragraph 
(2),’’; and 
(3) by adding at the end the following: 
‘‘(2) Before firing at or into a vessel as authorized in 
paragraph (1), the person in command or in charge of the 
authorized vessel or authorized aircraft shall fire a gun as
a warning signal, except that the prior firing of a gun as 
a warning signal is not required if that person determines 
that the firing of a warning signal would unreasonably en-
danger persons or property in the vicinity of the vessel to 
be stopped.’’. 
(b) EXTENSION TO MILITARY AIRCRAFT OF COAST 
GUARD INTERDICTION AUTHORITY.—Subsection (c) of such 
section is amended—
(1) in paragraph (1) by inserting ‘‘or’’ after the 
semicolon; and 
(2) in paragraph (2) by striking ‘‘; or’’ and all 
that follows through paragraph (3) and inserting a 
period. 
(c) REPEAL OF TERMINATION OF APPLICABILITY TO 
NAVAL AIRCRAFT.—Subsection (d) of such section is re-
pealed. 
SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCE-
MENT 
COSTS 
FOR 
CERTAIN 
FEES 
AND 
CHARGES. 
Section 664 of title 14, United States Code, is amend-
ed—
(1) by redesignating subsection (c) as subsection 
(f); 
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) In addition to the collection of fees and charges 
established under this section, the Secretary may recover 
from the person liable for the fee or charge the costs of col-
lecting delinquent payments of the fee or charge, and en-
forcement costs associated with delinquent payments of the 
fees and charges. 
‘‘(d)(1) The Secretary may employ any Federal, State, 
or local agency or instrumentality, or any private enter-
prise or business, to collect a fee or charge established under 
this section. 
‘‘(2) A private enterprise or business employed by the 
Secretary to collect fees or charges—
‘‘(A) shall be subject to reasonable terms and 
conditions agreed to by the Secretary and the enter-
prise or business; 
‘‘(B) shall provide appropriate accounting to the 
Secretary; and 
‘‘(C) may not institute litigation as part of that 
collection. 
‘‘(e) The Secretary shall account for the agency’s costs 
of collecting a fee or charge as a reimbursable expense, and 
the costs shall be credited to the account from which ex-
pended.’’; and 
(3) by adding at the end the following:
‘‘(g) In this section the term ‘costs of collecting a fee 
or charge’ includes the reasonable administrative, account-
ing, personnel, contract, equipment, supply, training, and 
travel expenses of calculating, assessing, collecting, enforc-
ing, reviewing, adjusting, and reporting on a fee or 
charge.’’. 
SEC. 207. EXPANSION OF COAST GUARD HOUSING AU-
THORITIES. 
(a) ELIGIBLE ENTITY DEFINED.—Section 680 of title 
14, United States Code, is amended—
(1) by redesignating paragraphs (3) and (4) in 
order as paragraphs (4) and (5); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) The term ‘eligible entity’ means any private 
person, corporation, firm, partnership, or company 
and any State or local government or housing author-
ity of a State or local government.’’. 
(b) DIRECT LOANS FOR PROVIDING HOUSING.—Sec-
tion 682 of title 14, United States Code, is amended—
(1) in the section heading by striking ‘‘LOAN 
GUARANTEES’’ and inserting ‘‘DIRECT
LOANS
AND 
LOAN GUARANTEES’’; 
(2) by redesignating subsections (a) and (b) as 
(b) and (c) respectively;
(3) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) DIRECT LOANS.—(1) Subject to subsection (c), the 
Secretary may make direct loans to an eligible entity in 
order to provide funds to the eligible entity for the acquisi-
tion or construction of housing units that the Secretary de-
termines are suitable for use as military family housing 
or as military unaccompanied housing. 
‘‘(2) The Secretary shall establish such terms and con-
ditions with respect to loans made under this subsection as 
the Secretary considers appropriate to protect the interests 
of the United States, including the period and frequency 
for repayment of such loans and the obligations of the obli-
gors on such loans upon default.’’; 
(4) in subsection (b) (as so redesignated) by 
striking ‘‘subsection (b),’’ and inserting ‘‘subsection 
(c),’’; and 
(5) in subsection (c) (as so redesignated)—
(A) in the heading by striking ‘‘GUAR-
ANTEE’’; and 
(B) by striking ‘‘Loan guarantees’’ and in-
serting ‘‘Direct loans and loan guarantees’’. 
(c) LIMITED PARTNERSHIPS WITH ELIGIBLE ENTI-
TIES.—Section 684 of title 14, United States Code, is 
amended—
(1) in the section heading by striking ‘‘NON-
GOVERNMENTAL’’ and inserting ‘‘ELIGIBLE’’; 
(2) in subsection (a) by striking ‘‘nongovern-
mental’’ and inserting ‘‘eligible’’; 
(3) in subsection (b)(1) by striking ‘‘a non-
governmental’’ and inserting ‘‘an eligible’’; 
(4) in subsection (b)(2) by striking ‘‘a non-
governmental’’ and inserting ‘‘an eligible’’; and 
(5) in subsection (c) by striking ‘‘nongovern-
mental’’ and inserting ‘‘eligible’’. 
(d) HOUSING DEMONSTRATION PROJECTS IN ALAS-
KA.—Section 687(g) of title 14, United Sates Code, is 
amended—
(1) in the heading by striking ‘‘PROJECT’’ and 
inserting ‘‘PROJECTS’’; 
(2) in paragraph (1) by striking ‘‘a demonstra-
tion project’’ and inserting ‘‘demonstration projects’’; 
(3) in paragraph (1) by striking ‘‘Kodiak, Alas-
ka;’’ and inserting ‘‘Kodiak, Alaska, or any other 
Coast Guard installation in Alaska;’’; 
(4) in paragraph (2) by striking ‘‘the demonstra-
tion project’’ and inserting ‘‘such a demonstration 
project’’; and
(5) in paragraph (4) by striking ‘‘the demonstra-
tion project’’ and inserting ‘‘such demonstration 
projects’’. 
(e) DIFFERENTIAL LEASE PAYMENTS.—Chapter 18 of 
title 14, United States Code, is amended by inserting after 
section 687 the following: 
‘‘§ 687a. Differential lease payments 
‘‘Pursuant to an agreement entered into by the Sec-
retary and a lessor of military family housing or military 
unaccompanied housing to members of the armed forces, the 
Secretary may pay the lessor an amount, in addition to 
the rental payments for the housing made by the members, 
as the Secretary determines appropriate to encourage the 
lessor to make the housing available to members of the 
armed forces as military family housing or as military un-
accompanied housing.’’. 
(f) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 18 of title 14, United States Code, 
is amended—
(1) by striking the item related to section 682 
and inserting the following:
‘‘682. Direct loans and loan guarantees.’’;
(2) in the item related to section 684 by striking 
‘‘nongovernmental’’ and inserting ‘‘eligible’’; and
(3) by inserting after the item related to section 
687 the following:
‘‘687a. Differential lease payments.’’.
SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT. 
Section 727 of title 14, United States Code, is amended 
in the second sentence by striking ‘‘three years’’ and insert-
ing ‘‘one year’’. 
SEC. 209. MAXIMUM AGE FOR RETENTION IN AN ACTIVE 
STATUS. 
Section 742 of title 14, United States Code, is amend-
ed—
(1) in subsection (a), by striking ‘‘sixty-two’’ 
and inserting ‘‘60’’; and 
(2) in subsection (c), by striking ‘‘sixty-two’’ and 
inserting ‘‘60’’. 
SEC. 210. PAYMENTS. 
(a) IN GENERAL.—Chapter 13 of title 14, United 
States Code, is amended by adding at the end the following: 
‘‘§ 517. Payments 
‘‘(a) The Secretary may require that travel or trans-
portation allowances due a civilian employee or military 
member of the Coast Guard be disbursed directly to the 
issuer of a Federal contractor-issued travel charge card, but 
only in an amount not to exceed the authorized travel ex-
penses charged by that Coast Guard member to that travel 
charge card issued to that employee or member.
‘‘(b) 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-
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) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 13 of title 14, United States Code, 
is amended by adding at the end the following:
‘‘517. Payments.’’.
SEC. 211. COAST GUARD FELLOWSHIP PROGRAM. 
(a) ESTABLISHMENT.—Title 14, United States Code, 
is amended by adding at the end of chapter 11 the following: 
‘‘§ 337. Coast Guard Congressional Fellowship Pro-
gram 
‘‘(a) There is established in the Coast Guard a Coast 
Guard Congressional Fellowship Program to broaden Coast 
Guard officers’ knowledge of the Congress. 
‘‘(b) The Commandant may appoint 4 mid-grade offi-
cers as fellows under the program, subject to the following 
limitations: 
‘‘(1) The maximum length of a fellowship is one 
year.
‘‘(2) A fellow may be assigned to an office of the 
House of Representatives or the Senate, including a 
committee, during the period of the fellowship, or may 
rotate between such offices. 
‘‘(3) To protect against abuses of separation of 
powers principles and conflicts of interest, a fellow 
may not engage in duties that will result in any di-
rect or indirect benefit to the Coast Guard, other than 
broadening the fellow’s knowledge. 
‘‘(c) An individual violating this section is subject to 
appropriate discipline by the Commandant.’’. 
(b) LIMITATION ON APPLICATION.—Section 337(b)(1) 
of title 14, United States Code, as amended by this section, 
does not apply to an individual serving on June 10, 2003, 
as a Coast Guard congressional fellow. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 11 of title 14, United States Code, 
is amended by inserting after the item relating to section 
336 the following:
‘‘337. Coast Guard Congressional Fellowship Program.’’.
SEC. 212. AIR SEARCH AND RESCUE FACILITY IN MUS-
KEGON COUNTY, MICHIGAN. 
(a) LEASE AUTHORITY.—The Commandant may enter 
into a long-term lease for a period of up to 20 years with 
Muskegon County, Michigan, for use of a facility con-
structed by the County at Muskegon County Airport as an
air search and rescue station, if such a facility that meets 
criteria established under subsection (b) is available. 
(b) CRITERIA.—Any facility leased under subsection 
(a) must meet criteria established by the Commandant. 
SEC. 213. NATIONAL COAST GUARD MUSEUM. 
(a) IN GENERAL.—Chapter 5 of title 14, United States 
Code, is amended by adding at the end the following: 
‘‘§ 98. National Coast Guard Museum 
‘‘(a) ESTABLISHMENT.—The Commandant of the 
Coast Guard may, subject to subsections (b) and (c), estab-
lish a National Coast Guard Museum on Federal lands that 
are administered by the Coast Guard and specified by the 
Commandant. 
‘‘(b) LOCATION.—The National Coast Guard Museum 
may be located at, or in close proximity to, the Coast Guard 
Academy in New London, Connecticut. 
‘‘(c) LIMITATION ON EXPENDITURES.—The Secretary 
of the Department in which the Coast Guard is operating 
shall not expend any Federal funds for the planning, engi-
neering, design, construction, operation, or maintenance of 
any museum established under subsection (a). 
‘‘(d) OPERATION AND MAINTENANCE PLAN.—Before 
the date on which the Commandant establishes a museum 
under subsection (a), the Commandant shall provide to the 
Committee on Transportation and Infrastructure of the
House of Representatives a plan for operating and main-
taining such a museum, including—
‘‘(1) estimated operation and maintenance costs; 
‘‘(2) proposed sources of operation and mainte-
nance funds; and 
‘‘(3) a certification by the Inspector General of 
the Department in which the Coast Guard is oper-
ating that items included in the plan pursuant to 
paragraph (1) and (2) are reasonable and realistic.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 5 of title 14, United States Code, 
is amended by adding at the end the following:
‘‘98. National Coast Guard Museum.’’.
SEC. 214. LIMITATION ON NUMBER OF COMMISSIONED OF-
FICERS. 
Notwithstanding section 42(a) of title 14, United 
States Code, the total number of commissioned officers, ex-
cluding commissioned warrant officers, on active duty in 
the Coast Guard shall not exceed 6,700 in fiscal year 2004. 
SEC. 215. REDISTRICTING NOTIFICATION REQUIREMENT. 
The Commandant shall notify the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives at least 180 days before—
(1) implementing any plan to reduce the number 
of, change the location of, or change the geographic
area covered by any existing Coast Guard Districts; 
or 
(2) shifting of more than 10 per cent of the per-
sonnel or equipment from the station where such per-
sonnel or equipment is based. 
TITLE III—NAVIGATION 
SEC. 301. MARKING OF UNDERWATER WRECKS. 
Section 15 of the Act of March 3, 1899 (33 U.S.C. 409), 
is amended—
(1) by striking ‘‘day and’’ and inserting ‘‘day 
and, unless otherwise authorized by the Commandant 
of the Coast Guard,’’; and 
(2) by striking ‘‘lighted lantern’’ and inserting 
‘‘light’’. 
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:
‘‘(6) may prohibit the use on the bridge of a ves-
sel of electronic or other devices that interfere with 
communications and navigation equipment.’’; and 
(2) adding at the end the following: 
‘‘(e) COOPERATIVE AGREEMENTS.—(1) The Secretary 
may enter into cooperative agreements with public or pri-
vate agencies, authorities, associations, institutions, cor-
porations, organizations, or other persons to carry out the 
functions under subsection (a)(1). 
‘‘(2) A nongovernmental entity may not under this 
subsection carry out an inherently governmental function. 
‘‘(3) As used in this paragraph, the term ‘inherently 
governmental function’ means any activity that is so inti-
mately related to the public interest as to mandate perform-
ance by an officer or employee of the Federal Government, 
including 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.’’. 
SEC. 303. INLAND NAVIGATION RULES PROMULGATION AU-
THORITY. 
(a) REPEAL OF INLAND RULES.—Section 2 of the In-
land Navigational Rules Act of 1980 (33 U.S.C. 2001–38) 
is repealed.
(b) AUTHORITY TO ISSUE REGULATIONS.—Section 3 
of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
2001) is amended to read as follows: 
‘‘SEC. 3. INLAND NAVIGATION RULES. 
‘‘The Secretary of the Department in which the Coast 
Guard is operating may issue inland navigation 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.’’. 
(c) EFFECTIVE DATE.—Subsection (a) is effective on 
the effective date of final regulations prescribed by the Sec-
retary of the Department in which the Coast Guard is oper-
ating under section 3 of the Inland Navigation Rules Act 
of 1980 (33 U.S.C. 2001), as amended by this Act. 
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’’. 
SEC. 402. SUSPENSION OF DOCUMENTS IN LIEU OF MANDA-
TORY REVOCATION FOR PROVED DRUG CON-
VICTIONS. 
Section 7704(b) of title 46, United States Code, is 
amended by inserting ‘‘suspended or’’ after ‘‘shall be’’.
SEC. 403. INSPECTION OF RECORDS OF MERCHANT MARI-
NERS’ DOCUMENTS. 
Section 7319 of title 46, United States Code, is amend-
ed by striking ‘‘The records are not open to general or pub-
lic inspection.’’. 
SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CITI-
ZENSHIP REQUIREMENTS REGARDING COM-
MAND OF VESSEL. 
(a) EXEMPTION FROM LIMITATION ON COMMAND.—
Section 12110(d) of title 46, United States Code, is amend-
ed by inserting ‘‘or an unmanned barge not engaged on a 
coastwise voyage’’ after ‘‘recreational endorsement’’. 
(b) EXEMPTION FROM SEIZURE AND FORFEITURE.—
Section 12122(b)(6) of title 46, United States Code, is 
amended by inserting ‘‘or an unmanned barge not engaged 
on a coastwise voyage’’ after ‘‘recreational endorsement’’. 
SEC. 405. ADMINISTRATIVE, COLLECTION, AND ENFORCE-
MENT 
COSTS 
FOR 
CERTAIN 
FEES 
AND 
CHARGES. 
Section 2110(d) of title 46, United States Code, is 
amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(2) by adding at the end the following: 
‘‘(B) For purposes of subparagraph (A), costs of col-
lecting the fee or charge include the reasonable administra-
tive, accounting, personnel, contract, equipment, supply,
training, and travel expenses of calculating, assessing, col-
lecting, enforcing, reviewing, adjusting, and reporting on 
the fees and charges.’’. 
SEC. 406. 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 under section 3202(a) of this 
title.’’. 
SEC. 407. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH 
RECREATIONAL VESSEL AND ASSOCIATED 
EQUIPMENT SAFETY STANDARDS. 
Section 4311(b) of title 46, United States Code, is 
amended—
(1) by striking the first sentence and inserting 
‘‘A person violating section 4307(a) of this title is lia-
ble to the United States Government for a civil pen-
alty of not more than $5,000, except that the max-
imum civil penalty may be not more than $250,000 
for a related series of violations.’’; and 
(2) 
in 
the 
second 
sentence, 
by 
striking 
‘‘4307(a)(1)’’ and inserting ‘‘4307(a)’’. 
SEC. 408. REVISION OF TEMPORARY SUSPENSION CRITERIA 
IN DOCUMENT SUSPENSION AND REVOCA-
TION CASES. 
Section 7702(d) of title 46, United States Code, is 
amended—
(1) in paragraph (1) by striking ‘‘if, when act-
ing under the authority of that license, certificate, or 
document—’’ and inserting ‘‘if—’’;
(2) in paragraph (1)(B)(i), by inserting ‘‘, while 
acting under the authority of that license, certificate, 
or document,’’ after ‘‘has’’; 
(3) by striking ‘‘or’’ after the semicolon at the 
end of paragraph (1)(B)(ii); 
(4) by striking the period at the end of para-
graph (1)(B)(iii) and inserting ‘‘; or’’; and 
(5) by adding at the end of paragraph (1)(B) the 
following: 
‘‘(iv) is a threat to the safety or security of 
a vessel or a public or commercial structure lo-
cated within or adjacent to the marine environ-
ment.’’. 
SEC. 409. REVISION OF BASES FOR DOCUMENT SUSPEN-
SION AND REVOCATION CASES. 
Section 7703 of title 46, United States Code, is amend-
ed—
(1) in paragraph (1)(B)—
(A) by striking ‘‘incompetence,’’; and 
(B) by striking the comma after ‘‘mis-
conduct’’; 
(2) by striking ‘‘or’’ after the semicolon at the 
end of paragraph (2); 
(3) by striking the period at the end of para-
graph (3) and inserting a semicolon; and
(4) by adding at the end the following: 
‘‘(4) has committed an act of incompetence; or 
‘‘(5) is a threat to the safety or security of a ves-
sel or a structure located within or adjacent to the 
marine environment.’’. 
SEC. 410. 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 fol-
lowing: 
‘‘(c) The Secretary may prescribe by regulation re-
quirements for maximum hours of service (including record-
ing and record-keeping of that service) of individuals en-
gaged 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 in-
clude a description of the public and private sector resources 
needed to enable implementation of Crew Endurance Man-
agement Systems on all United States-flag towing vessels.
SEC. 411. AUTOMATIC IDENTIFICATION SYSTEM ELEC-
TRONIC CHARTS. 
Section 70114(a)(1) of title 46, United States Code, 
is amended by inserting ‘‘, including an electronic chart 
and related display,’’ after ‘‘automatic identification sys-
tem’’ the first place it appears. 
SEC. 412. 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 that embarks 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.’’. 
(b) CONFORMING AMENDMENT.—Section 3303 of title 
46, United States Code, is amended by inserting ‘‘and sec-
tion 3505’’ after ‘‘chapter 37’’.
TITLE V—FEDERAL MARITIME 
COMMISSION 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FED-
ERAL MARITIME COMMISSION. 
There is authorized to be appropriated to the Federal 
Maritime Commission $18,471,000 for Fiscal Year 2004. 
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), popu-
larly known as the General Bridge Act, is amended by strik-
ing ‘‘$1,000’’ and inserting ‘‘$5,000 for a violation occur-
ring in 2004; $10,000 for a violation occurring in 2005; 
$15,000 for a violation occurring in 2006; $20,000 for a 
violation occurring in 2007; and $25,000 for a violation 
occurring in 2008 and any year thereafter’’. 
(b) DRAWBRIDGES.—Section 5(c) of the Act entitled 
‘‘An Act making appropriations for the construction, re-
pair, and preservation of certain public works on rivers and 
harbors, and for other purposes’’, approved August 18, 1894 
(33 U.S.C. 499(c)), is amended by striking ‘‘$1,000’’ and 
inserting ‘‘$5,000 for a violation occurring in 2004; 
$10,000 for a violation occurring in 2005; $15,000 for a 
violation occurring in 2006; $20,000 for a violation occur-
ring 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 mak-
ing appropriations for the construction, repair, and preser-
vation 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 occur-
ring in 2006; $20,000 for a violation occurring in 2007; 
and $25,000 for a violation occurring in 2008 and any year 
thereafter’’. 
(d) GENERAL BRIDGE ACT OF 1946.—Section 510(b) 
of the General Bridge Act of 1946 (33 U.S.C. 533(b)) is 
amended by striking ‘‘$1,000’’ and inserting ‘‘$5,000 for 
a violation occurring in 2004; $10,000 for a violation oc-
curring 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 CUTTER SUNDEW. 
(a) IN GENERAL.—Upon the scheduled decommis-
sioning of the Coast Guard Cutter SUNDEW, the Com-
mandant of the Coast Guard shall convey all right, title,
and interest of the United States in and to that vessel to 
Duluth Entertainment and Convention Center Authority (a 
nonprofit corporation under the laws of the State of Min-
nesota; in this section referred to as the ‘‘recipient’’), located 
in Duluth, Minnesota, without consideration, if—
(1) the recipient agrees—
(A) to use the vessel for purposes of edu-
cation 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 
poly-
chlorinated biphenyls (PCBs), after conveyance 
of the vessel, except for claims arising from the 
use by the Government under subparagraph (C); 
(2) the recipient has funds available that will be 
committed to operate and maintain the vessel con-
veyed in good working condition, in the form of cash, 
liquid assets, or a written loan commitment, and in 
an amount of at least $700,000; and
(3) the recipient agrees to any other conditions 
the Commandant considers appropriate. 
(b) MAINTENANCE AND DELIVERY OF VESSEL.—Prior 
to conveyance of the vessel under this section, the Com-
mandant 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. If a conveyance is made under this 
section, the Commandant shall deliver the vessel at the place 
where the vessel is located, in its present condition, and 
without cost to the Government. The conveyance of the 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)). 
(c) OTHER EXCESS EQUIPMENT.—The Commandant 
may convey to the recipient any excess equipment or parts 
from other decommissioned Coast Guard vessels for use to 
enhance the vessel’s operability and function as an histor-
ical display. 
SEC. 603. TONNAGE MEASUREMENT. 
(a) M/V BLUEFIN.—The gross tonnage of the M/V 
BLUEFIN (United States official number 620431) as
measured under regulations prescribed under section 14502 
of title 46, United States Code, is deemed to be 488 tons.
(b) M/V COASTAL MERCHANT.—The gross tonnage 
of the M/V COASTAL MERCHANT (United States official 
number 1038382) as measured under regulations prescribed 
under section 14502 of title 46, United States Code, is 
deemed to be 493 tons. 
(c) TERMINATION OF APPLICATION.—Subsection (a) or 
(b) shall not apply on and after any date on which the 
Secretary of the Department in which the Coast Guard is 
operating determines, respectively, that the vessel M/V 
BLUEFIN or the vessel M/V COASTAL MERCHANT 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 Compli-
ance Division of the Customs Service on May 17, 2002 
(Customs Bulletins and Decisions, Vol. 36, No. 23, June 
5, 2002), the vessel STAD AMSTERDAM (International 
Maritime Organization number 9185554) shall be 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 to be used to carry individuals 
for a fare or to be chartered on a for-hire basis in the coast-
wise trade. 
SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCE-
MENT INSTITUTE. 
(a) DESIGNATION.—The Secretary of Transportation 
may designate a National Maritime Enhancement Institute 
for the Great Lakes Region. 
(b) AUTHORIZED ACTIVITIES.—In addition to the ac-
tivities that may be undertaken by that Institute under sec-
tion 8(b) of Public Law 101–115 (46 App. U.S.C. 1121–
2), the Great Lakes National Maritime Enhancement Insti-
tute may—
(1) conduct research and evaluate short sea ship-
ping market opportunities on the Great Lakes, in-
cluding the expanded use of freight ferries, improved 
mobility, and regional supply chain efficiency; 
(2) evaluate markets for foreign trade between 
ports on the Great Lakes and draft-limited ports in 
Europe and Africa; 
(3) evaluate the environmental benefits of water-
borne transportation in the Great Lakes region;
(4) analyze the effect of the Harbor Maintenance 
Tax on Great Lakes shipping; 
(5) study the state of shipbuilding and ship re-
pair base on the Great Lakes; 
(6) evaluate opportunities for passenger vessel 
services on the Great Lakes; 
(7) analyze the origin to destination flow of 
freight cargo in the Great Lakes region that may be 
transported on vessels to relieve congestion in other 
modes of transportation; 
(8) evaluate the economic viability establishing 
transshipment facilities for oceangoing cargoes; 
(9) evaluate the adequacy of the infrastructure in 
ports to meet the needs of marine commerce; and 
(10) study and develop new vessel designs for do-
mestic and international shipping on the Great 
Lakes. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2004 through 2008 for the activities 
described in subsection (b). 
SEC. 606. AGILE PORT AND INTELLIGENT BORDER SECU-
RITY NATIONAL DEMONSTRATION PROJECT. 
(a) IN GENERAL.—The Secretary of Transportation 
may carry out an Agile Port and Intelligent Border Secu-
rity National Demonstration Project under the Center for 
the Commercial Deployment of Transportation Technologies 
to develop and deploy dual use transportation technologies 
for commercial applications, including the following: 
(1) Agile port facilities, including inland multi-
modal transportation facilities. 
(2) Advanced cargo and passenger vessel hull de-
sign, propulsion systems, and construction. 
(3) Regional supply chain efficiency, improved 
mobility, and air quality. 
(4) Maritime, port, cargo, and supply chain se-
curity, and total asset visibility. 
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out the demonstration project under subsection (a) there is 
authorized to be appropriated to the Secretary of Transpor-
tation $5,000,000 for fiscal year 2004. 
SEC. 607. KOSS COVE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law or existing policy, the cove described in sub-
section (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 RAINER who died in the performance of a nautical 
charting mission off the coast of Alaska.
(b) COVE DESCRIBED.—The cove referred to in sub-
section (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 Seaward, Alaska. 
(c) REFERENCES.—Any reference in any law, regula-
tion, document, record, map, or other paper of the United 
States to the cove described in subsection (b) is deemed to 
be a reference to Koss Cove. 
SEC. 608. MISCELLANEOUS CERTIFICATES OF DOCUMENTA-
TION. 
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 Sec-
retary of the department in which the Coast Guard is oper-
ating may issue a certificate of documentation with appro-
priate endorsement for employment in the coastwise trade 
for the following vessels:
(1) OCEAN LEADER (United States official 
number 679511).
(2) REVELATION (United States official num-
ber 1137565). 
SEC. 609. DREDGING STUDY. 
(a) STUDY.—The Director of the Congressional Budget 
Office shall study and report to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
on the impacts of chartering by foreign citizens of dredges 
documented under the laws of the United States, on—
(1) the structure, conduct, and performance, of 
the United States dredging market; and 
(2) costs paid by Federal agencies for dredging 
projects. 
(b) FOREIGN CITIZEN DEFINED.—In subsection (a), 
the term ‘‘foreign citizen’’ means any corporation, partner-
ship, or association that does not qualify as a citizen of 
the United States under section 2 of the Shipping Act of 
1916 (46 APP. U.S.C. 802). 
SEC. 610. REPORT REGARDING SECURITY INSPECTION OF 
VESSELS AND VESSEL-BORNE CARGO CON-
TAINERS ENTERING THE UNITED STATES. 
(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-
port to the Congress regarding the numbers and types of
vessels and vessel-borne cargo containers that enter the 
United States in a year. 
(b) CONTENTS.—The report under this section shall in-
clude the following: 
(1) A section regarding security inspection of 
vessels that includes the following: 
(A) A complete breakdown of the numbers 
and types of vessels that entered the United 
States in the most recent 1-year period for which 
information is available. 
(B) The cost incurred by the Federal Gov-
ernment in inspecting such vessels in such 1-year 
period, including specification and comparison 
of such cost for each type of vessel. 
(C) An estimate of the per-vessel cost that 
would be incurred by the Federal Government in 
inspecting in a foreign port each type of vessel 
that enters the United States each year, includ-
ing costs for personnel, vessels, equipment, and 
funds. 
(D) An estimate of the annual total cost 
that would be incurred by the Federal Govern-
ment in inspecting in foreign ports all vessels 
that enter the United States each year, including
costs for personnel, vessels, equipment, and 
funds. 
(2) A section regarding security inspection of 
containers that includes the following: 
(A) A complete breakdown of the numbers 
and types of vessel-borne cargo containers that 
entered the United States in the most recent 1-
year period for which information is available, 
including specification of the number of 1 TEU 
containers and the number of 2 TEU containers. 
(B) The cost incurred by the Federal Gov-
ernment in inspecting such containers in such 1-
year period, including specification and com-
parison of such cost for a 1 TEU container and 
for a 2 TEU container. 
(C) An estimate of the per-container cost 
that would be incurred by the Federal Govern-
ment in inspecting in a foreign port each type 
of vessel-borne container that enters the United 
States each year, including costs for personnel, 
vessels, equipment, and funds. 
(D) An estimate of the annual total cost 
that would be incurred by the Federal Govern-
ment in inspecting in foreign ports all vessel-
borne containers that enter the United States
each year, including costs for personnel, vessels, 
equipment, and funds. 
TITLE 
VII—AMENDMENTS 
RE-
LATING TO OIL POLLUTION 
ACT OF 1990
SEC. 701. VESSEL RESPONSE PLANS FOR NONTANK VES-
SELS OVER 400 GROSS TONS. 
(a) NONTANK VESSEL DEFINED.—Section 311(j) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)) 
is amended by adding at the end the following: 
‘‘(9) NONTANK VESSEL DEFINED.—In this sub-
section, the term ‘nontank vessel’ means a self-pro-
pelled vessel of 400 gross tons (as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of such 
title as prescribed by the Secretary under section 
14104 of such title) or greater, other than a tank ves-
sel, that carries oil of any kind as fuel for main pro-
pulsion and that—
‘‘(A) is a vessel of the United States; or 
‘‘(B) operates on the navigable waters of the 
United States.’’. 
(b) AMENDMENTS TO REQUIRE RESPONSE PLANS.—
Section 311(j) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(j)) is amended—
(1) in paragraph (5) in the heading by inserting 
‘‘, NONTANK VESSEL,’’ after ‘‘VESSEL’’; 
(2) in paragraph 5(A) by inserting ‘‘, nontank 
vessel,’’ after ‘‘vessel’’; 
(3) in paragraph (5)(B), in the matter preceding 
clause (i), by inserting ‘‘, nontank vessels,’’ after ‘‘ves-
sels’’; 
(4) in paragraph (5)(B), by redesignating 
clauses (ii) and (iii) as clauses (iii) and (iv), respec-
tively, and by inserting after clause (i) the following: 
‘‘(ii) A nontank vessel.’’; 
(5) in paragraph (5)(D)—
(A) by inserting ‘‘, nontank vessel,’’ after 
‘‘vessel’’; 
(B) by striking ‘‘and’’ after the semicolon at 
the end of clause (iii); 
(C) by striking the period at the end of 
clause (iv) and inserting ‘‘; and’’; and 
(D) by adding after clause (iv) the fol-
lowing: 
‘‘(v) for nontank vessels, consider any appli-
cable State-mandated response plan and ensure 
consistency to the extent practicable.’’;
(6) in paragraph (5)(E), in the matter preceding 
clause (i), by inserting ‘‘nontank vessel,’’ after ‘‘ves-
sel,’’; 
(7) 
in 
paragraph 
(5)(E)(i) 
by 
inserting 
‘‘nontank vessel,’’ , after ‘‘vessel,’’; 
(8) in paragraph (5)(F) by striking ‘‘tank vessel 
or’’ and inserting ‘‘vessel or’’; 
(9) in paragraph (5)(G) by inserting ‘‘nontank 
vessel,’’ after ‘‘vessel,’’; 
(10) in paragraph (5)(H) by inserting ‘‘and 
nontank vessel’’ after ‘‘each tank vessel’’; 
(11) in paragraph (6) in the matter preceding 
subparagraph (A) by striking ‘‘Not later than 2 years 
after the date of enactment of this section, the Presi-
dent shall require—’’ and inserting ‘‘The President 
may require—’’; 
(12) in paragraph (6)(B) by inserting ‘‘, and 
nontank vessels carrying oil of any kind as fuel for 
main propulsion,’’ after ‘‘cargo’’; and 
(13) in paragraph (7) by inserting ‘‘, nontank 
vessel,’’ after ‘‘vessel’’. 
(c) IMPLEMENTATION DATE.—The President shall not 
require the owner or operator of a nontank vessel (as defined 
section 311(j)(9) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(j)(9), as amended by this section) to pre-
pare and submit a vessel response plan for such vessel before 
the end of the one-year period beginning on the date of the 
enactment of this Act. 
SEC. 702. 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) in subsection (a), by striking ‘‘Not later than 
1 year after the date of the enactment of this Act, the 
Secretary shall’’ and inserting ‘‘The Secretary may’’; 
(2) in subsection (b)—
(A) by striking ‘‘Not later than 1 year after 
the date of the enactment of this Act, the Sec-
retary shall’’ and inserting ‘‘No sooner than 1 
year after the Secretary prescribes regulations 
under subsection (a), the Secretary may’’; and 
(B) by striking ‘‘the standards’’ and insert-
ing ‘‘any standards’’. 
SEC. 703. LIABILITY AND COST RECOVERY. 
(a) DEFINITION OF OWNER OR OPERATOR.—Section 
1001(26) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(26)) is amended to read as follows: 
‘‘(26) ‘owner or operator’—
‘‘(A) means—
‘‘(i) in the case of a vessel, any person 
owning, operating, or chartering by demise, 
the vessel; 
‘‘(ii) in the case of an onshore or off-
shore facility, any person owning or oper-
ating such facility; 
‘‘(iii) in the case of any abandoned off-
shore facility, the person who owned or op-
erated such facility immediately prior to 
such abandonment; 
‘‘(iv) in the case of any facility, title or 
control of which was conveyed due to bank-
ruptcy, foreclosure, tax delinquency, aban-
donment, or similar means to a unit of 
State or local government, any person who 
owned, operated, or otherwise controlled ac-
tivities at such facility immediately before-
hand; 
‘‘(v) 
notwithstanding 
subparagraph 
(B)(i), any State or local government that 
has caused or contributed to a discharge or 
substantial threat of a discharge of oil from 
a vessel or facility ownership or control of 
which was acquired involuntarily through 
bankruptcy, tax delinquency, abandonment,
or other circumstances in which the govern-
ment involuntarily acquires title by virtue 
of its function as sovereign; and 
‘‘(vi) notwithstanding subparagraph 
(B)(ii), a person that is a lender and that 
holds indicia of ownership primarily to 
protect a security interest in a vessel or fa-
cility if, while the borrower is still in pos-
session of the vessel or facility encumbered 
by the security interest, the person—
‘‘(I) exercises decisionmaking con-
trol over the environmental compliance 
related to the vessel or facility, such 
that the person has undertaken respon-
sibility for oil handling or disposal 
practices related to the vessel or facil-
ity; or 
‘‘(II) exercises control at a level 
comparable to that of a manager of the 
vessel or facility, such that the person 
has assumed or manifested responsi-
bility—
‘‘(aa) for the overall manage-
ment of the vessel or facility en-
compassing day-to-day decision-
making with respect to environ-
mental compliance; or 
‘‘(bb) over all or substan-
tially all of the operational func-
tions (as distinguished from fi-
nancial or administrative func-
tions) of the vessel or facility other 
than the function of environ-
mental compliance; and 
‘‘(B) does not include—
‘‘(i) a unit of State or local govern-
ment that acquired ownership or control of 
a vessel or facility involuntarily through 
bankruptcy, tax delinquency, abandonment, 
or other circumstances in which the govern-
ment involuntarily acquires title by virtue 
of its function as sovereign; 
‘‘(ii) a person that is a lender that 
does not participate in management of a 
vessel or facility, but holds indicia of owner-
ship primarily to protect the security inter-
est of the person in the vessel or facility; 
‘‘(iii) a person that is a lender that 
did not participate in management of a ves-
sel or facility prior to foreclosure, notwith-
standing that the person—
‘‘(I) forecloses on the vessel or fa-
cility; and 
‘‘(II) after foreclosure, sells, re-
leases (in the case of a lease finance 
transaction), or liquidates the vessel or 
facility, maintains business activities, 
winds up operations, undertakes a re-
moval action under 311(c) of the Fed-
eral Water Pollution Control Act (33 
U.S.C. 311(c)) or under the direction 
of an on-scene coordinator appointed 
under the National Contingency Plan, 
with respect to the vessel or facility, or 
takes any other measure to preserve, 
protect, or prepare the vessel or facility 
prior to sale or disposition, 
if the person seeks to sell, re-lease (in the 
case of a lease finance transaction), or oth-
erwise divest the person of the vessel or fa-
cility at the earliest practicable, commer-
cially reasonable time, on commercially rea-
sonable terms, taking into account market
conditions and legal and regulatory require-
ments;’’. 
(b) OTHER DEFINITIONS.—Section 1001 of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701) is amended by strik-
ing ‘‘and’’ after the semicolon at the end of paragraph (36), 
by striking the period at the end of paragraph (37) and 
inserting a semicolon, and by adding at the end the fol-
lowing: 
‘‘(38) ‘participate in management’— 
‘‘(A)(i) means actually participating in the 
management or operational affairs of a vessel or 
facility; and 
‘‘(ii) does not include merely having the ca-
pacity to influence, or the unexercised right to 
control, vessel or facility operations; and 
‘‘(B) does not include—
‘‘(i) performing an act or failing to act 
prior to the time at which a security inter-
est is created in a vessel or facility; 
‘‘(ii) holding a security interest or 
abandoning or releasing a security interest; 
‘‘(iii) including in the terms of an ex-
tension of credit, or in a contract or secu-
rity agreement relating to the extension, a 
covenant, warranty, or other term or condi-
tion that relates to environmental compli-
ance; 
‘‘(iv) monitoring or enforcing the terms 
and conditions of the extension of credit or 
security interest; 
‘‘(v) monitoring or undertaking one or 
more inspections of the vessel or facility; 
‘‘(vi) requiring a removal action or 
other lawful means of addressing a dis-
charge or substantial threat of a discharge 
of oil in connection with the vessel or facil-
ity prior to, during, or on the expiration of 
the term of the extension of credit; 
‘‘(vii) providing financial or other ad-
vice or counseling in an effort to mitigate, 
prevent, or cure default or diminution in 
the value of the vessel or facility; 
‘‘(viii) restructuring, renegotiating, or 
otherwise agreeing to alter the terms and 
conditions of the extension of credit or secu-
rity interest, exercising forbearance; 
‘‘(ix) exercising other remedies that 
may be available under applicable law for 
the breach of a term or condition of the ex-
tension of credit or security agreement; or
‘‘(x) conducting a removal action 
under 311(c) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(c)) or under 
the direction of an on-scene coordinator ap-
pointed under the National Contingency 
Plan, 
if such actions do not rise to the level of partici-
pating in management under subparagraph (A) 
of this paragraph and paragraph (26)(A)(vi); 
‘‘(39) ‘extension of credit’ has the meaning pro-
vided in section 101(20)(G)(i) of the Comprehensive 
Environmental Response, Compensation and Liabil-
ity Act of 1980 (42 U.S.C. 9601(20)(G)(i)); 
‘‘(40) ‘financial or administrative function’ has 
the meaning provided in section 101(20)(G)(ii) of the 
Comprehensive Environmental Response, Compensa-
tion 
and 
Liability 
Act 
of 
1980 
(42 
U.S.C. 
9601(20)(G)(ii)); 
‘‘(41) ‘foreclosure’ and ‘foreclose’ each has the 
meaning provided in section 101(20)(G)(iii) of the 
Comprehensive Environmental Response, Compensa-
tion 
and 
Liability 
Act 
of 
1980 
(42 
U.S.C. 
9601(20)(G)(iii)); 
‘‘(42) ‘lender’ has the meaning provided in sec-
tion 101(20)(G)(iv) of the Comprehensive Environ-
mental Response, Compensation and Liability Act of 
1980 (42 U.S.C. 9601(20)(G)(iv)); 
‘‘(43) ‘operational function’ has the meaning 
provided in section 101(20)(G)(v) of the Comprehen-
sive Environmental Response, Compensation and Li-
ability Act of 1980 (42 U.S.C. 9601(20)(G)(v)); and 
‘‘(44) ‘security interest’ has the meaning pro-
vided in section 101(20)(G)(vi) of the Comprehensive 
Environmental Response, Compensation and Liabil-
ity Act of 1980 (42 U.S.C. 9601(20)(G)(vi)).’’. 
(c) DEFINITION OF CONTRACTUAL RELATIONSHIP.—
Section 1003 of the Oil Pollution Act of 1990 (33 U.S.C. 
2703) is amended by adding at the end the following: 
‘‘(d) DEFINITION OF CONTRACTUAL RELATIONSHIP.—
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(3) the term ‘contractual relationship’ includes, but 
is not limited to, land contracts, deeds, easements, 
leases, or other instruments transferring title or pos-
session, unless—
‘‘(A) the real property on which the facility 
concerned is located was acquired by the respon-
sible party after the discharge of the oil on, in, 
or at the facility; 
‘‘(B) one or more of the circumstances de-
scribed in subparagraph (A), (B), or (C) of
paragraph (2) is established by the responsible 
party by a preponderance of the evidence; and 
‘‘(C) the responsible party complies with 
paragraph (3). 
‘‘(2) 
REQUIRED
CIRCUMSTANCE.—The 
cir-
cumstances referred to in paragraph (1)(B) are the 
following: 
‘‘(A) At the time the responsible party ac-
quired the real property on which the facility is 
located the responsible party did not know and 
had no reason to know that oil that is the subject 
of the discharge or substantial threat of discharge 
was placed on, in, or at the facility. 
‘‘(B) The responsible party is a government 
entity that acquired the facility—
‘‘(i) by escheat; 
‘‘(ii) through any other involuntary 
transfer or acquisition; or 
‘‘(iii) through the exercise of eminent 
domain authority by purchase or con-
demnation. 
‘‘(C) The responsible party acquired the fa-
cility by inheritance or bequest. 
‘‘(3) ADDITIONAL
REQUIREMENTS.—For pur-
poses of paragraph (1)(C), the responsible party must
establish by a preponderance of the evidence that the 
responsible party—
‘‘(A) has satisfied the requirements of sec-
tion 1003(a)(3)(A) and (B); 
‘‘(B) has provided full cooperation, assist-
ance, and facility access to the persons that are 
authorized to conduct removal actions, including 
the cooperation and access necessary for the in-
stallation, integrity, operation, and maintenance 
of any complete or partial removal action; 
‘‘(C) is in compliance with any land use re-
strictions established or relied on in connection 
with the removal action; and 
‘‘(D) has not impeded the effectiveness or 
integrity of any institutional control employed 
in connection with the removal action. 
‘‘(4) REASON TO KNOW.—
‘‘(A) APPROPRIATE INQUIRIES.—To estab-
lish that the responsible party had no reason to 
know of the matter described in paragraph 
(2)(A), the responsible party must demonstrate 
that—
‘‘(i) on or before the date on which the 
responsible party acquired the real property 
on which the facility is located, the respon-
sible party carried out all appropriate in-
quiries, as provided in subparagraphs (B) 
and (D), into the previous ownership and 
uses of the real property on which the facil-
ity is located in accordance with generally 
accepted good commercial and customary 
standards and practices; and 
‘‘(ii) the responsible party took reason-
able steps to—
‘‘(I) stop any continuing dis-
charge; 
‘‘(II) prevent, minimize or miti-
gate any substantial threat of dis-
charge; and 
‘‘(III) 
prevent 
or 
limit 
any 
human, environmental, or natural re-
source exposure to any discharged oil. 
‘‘(B) REGULATIONS ESTABLISHING STAND-
ARDS AND PRACTICES.—Not later than 2 years 
after the date of the enactment of this paragraph, 
the Secretary shall by regulation establish stand-
ards and practices for the purpose of satisfying 
the requirement to carry out all appropriate in-
quiries under subparagraph (A).
‘‘(C) CRITERIA.—In promulgating regula-
tions that establish the standards and practices 
referred to in subparagraph (B), the Secretary 
shall include in such standards provisions re-
garding each of the following: 
‘‘(i) The results of an inquiry by an 
environmental professional. 
‘‘(ii) Interviews with past and present 
owners, operators, and occupants of the fa-
cility and the real property on which the fa-
cility is located for the purpose of gathering 
information regarding the potential for oil 
at the facility and on the real property on 
which the facility is located. 
‘‘(iii) Reviews of historical sources, in-
cluding, to the extent available, chain of 
title documents, aerial photographs, build-
ing department records, and land use 
records, to determine previous uses and oc-
cupancies of the real property on which the 
facility is located since the property was 
first developed. 
‘‘(iv) Searches for recorded environ-
mental cleanup liens against the facility 
and the real property on which the facility
is located that are filed under Federal, 
State, or local law. 
‘‘(v) Reviews of Federal, State, and 
local government records, waste disposal 
records, underground storage tank records, 
and waste handling, generation, treatment, 
disposal, and spill records, concerning oil at 
the facility and on the real property on 
which the facility is located. 
‘‘(vi) Visual inspections of the facility, 
the real property on which the facility is lo-
cated, and adjoining properties. 
‘‘(vii) Specialized knowledge or experi-
ence on the part of the responsible party. 
‘‘(viii) The relationship of the purchase 
price to the value of the facility and the real 
property on which the facility is located, if 
oil was not at the facility or on the real 
property. 
‘‘(ix) Commonly known or reasonably 
ascertainable information about the facility 
and the real property on which the facility 
is located. 
‘‘(x) The degree of obviousness of the 
presence or likely presence of oil at the facil-
ity and on the real property on which the 
facility is located, and the ability to detect 
the oil by appropriate investigation. 
‘‘(D) INTERIM
STANDARDS
AND
PRAC-
TICES.—
‘‘(i) REAL PROPERTY PURCHASED BE-
FORE MAY 31, 1997.—With respect to real 
property purchased before May 31, 1997, in 
making a determination with respect to a 
responsible party described in subparagraph 
(A), a court or appropriate official shall 
take into account—
‘‘(I) any specialized knowledge or 
experience on the part of the respon-
sible party; 
‘‘(II) the relationship of the pur-
chase price to the value of the facility 
and the real property on which the fa-
cility is located, if oil was not at the 
facility or on the real property; 
‘‘(III) commonly known or rea-
sonably 
ascertainable 
information 
about the facility and the real property 
on which the facility is located;
‘‘(IV) the obviousness of the pres-
ence or likely presence of oil at the fa-
cility and on the real property on 
which the facility is located; and 
‘‘(V) the ability of the responsible 
party to detect the oil by appropriate 
inspection. 
‘‘(ii) REAL PROPERTY PURCHASED ON 
OR AFTER MAY 31, 1997.—With respect to 
real property purchased on or after May 31, 
1997, until the Secretary promulgates the 
regulations described in clause (ii), the pro-
cedures of the American Society for Testing 
and Materials, including the document 
known as ‘Standard E1527–97’, entitled 
‘Standard Practice for Environmental Site 
Assessment: Phase I Environmental Site As-
sessment Process’, shall satisfy the require-
ments in subparagraph (A). 
‘‘(E) 
SITE
INSPECTION
AND
TITLE 
SEARCH.—In the case of real property for resi-
dential use or other similar use purchased by a 
nongovernmental or noncommercial entity, in-
spection and title search of the facility and the 
real property on which the facility is located
that reveal no basis for further investigation 
shall be considered to satisfy the requirements of 
this paragraph. 
‘‘(5) PREVIOUS OWNER OR OPERATOR.—Nothing 
in this paragraph or in section 1003(a)(3) shall di-
minish the liability of any previous owner or oper-
ator of such facility who would otherwise be liable 
under this Act. Notwithstanding this paragraph, if a 
responsible party obtained actual knowledge of the 
discharge or substantial threat of discharge of oil at 
such facility when the responsible party owned the fa-
cility and then subsequently transferred ownership of 
the facility or the real property on which the facility 
is located to another person without disclosing such 
knowledge, the responsible party shall be treated as 
liable under 1002(a) and no defense under section 
1003(a) shall be available to such responsible party. 
‘‘(6) LIMITATION ON DEFENSE.—Nothing in this 
paragraph shall affect the liability under this Act of 
a responsible party who, by any act or omission, 
caused or contributed to the discharge or substantial 
threat of discharge of oil which is the subject of the 
action relating to the facility.’’.