[108th Congress Public Law 293]
[From the U.S. Government Printing Office]
[DOCID: f:publ293.108]
[[Page 1027]]
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004
[[Page 118 STAT. 1028]]
Public Law 108-293
108th Congress
An Act
An Act to authorize appropriations for the Coast Guard for fiscal year
2005, to amend various laws administered by the Coast Guard, and for
other purposes. <<NOTE: Aug. 9, 2004 - [H.R. 2443]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Coast Guard and
Maritime Transportation Act of 2004. 14 USC 1 note.>>
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Coast Guard and Maritime
Transportation Act of 2004''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD MANAGEMENT
Sec. 201. Long-term leases.
Sec. 202. Nonappropriated fund instrumentalities.
Sec. 203. Term of enlistments.
Sec. 204. Enlisted member critical skill training bonus.
Sec. 205. Indemnity for disabling vessels liable to seizure or
examination.
Sec. 206. Administrative, collection, and enforcement costs for certain
fees and charges.
Sec. 207. Expansion of Coast Guard housing authorities.
Sec. 208. Requirement for constructive credit.
Sec. 209. Maximum ages for retention in an active status.
Sec. 210. Travel card management.
Sec. 211. Coast Guard fellows and detailees.
Sec. 212. Long-term lease of special use real property.
Sec. 213. National Coast Guard Museum.
Sec. 214. Limitation on number of commissioned officers.
Sec. 215. Redistricting notification requirement.
Sec. 216. Report on shock mitigation standards.
Sec. 217. Recommendations to Congress by Commandant of the Coast Guard.
Sec. 218. Coast Guard education loan repayment program.
Sec. 219. Contingent expenses.
Sec. 220. Reserve admirals.
Sec. 221. Confidential investigative expenses.
Sec. 222. Innovative construction alternatives.
Sec. 223. Delegation of port security authority.
Sec. 224. Fisheries enforcement plans and reporting.
Sec. 225. Use of Coast Guard and military child development centers.
Sec. 226. Treatment of property owned by auxiliary units and dedicated
solely for auxiliary use.
TITLE III--NAVIGATION
Sec. 301. Marking of underwater wrecks.
Sec. 302. Use of electronic devices; cooperative agreements.
[[Page 118 STAT. 1029]]
Sec. 303. Inland navigation rules promulgation authority.
Sec. 304. Saint Lawrence Seaway.
TITLE IV--SHIPPING
Sec. 401. Reports from charterers.
Sec. 402. Removal of mandatory revocation for proved drug convictions in
suspension and revocation cases.
Sec. 403. Records of merchant mariners' documents.
Sec. 404. Exemption of unmanned barges from certain citizenship
requirements.
Sec. 405. Compliance with International Safety Management Code.
Sec. 406. Penalties.
Sec. 407. Revision of temporary suspension criteria in document
suspension and revocation cases.
Sec. 408. Revision of bases for document suspension and revocation
cases.
Sec. 409. Hours of service on towing vessels.
Sec. 410. Electronic charts.
Sec. 411. Prevention of departure.
Sec. 412. Service of foreign nationals for maritime educational
purposes.
Sec. 413. Classification societies.
Sec. 414. Drug testing reporting.
Sec. 415. Inspection of towing vessels.
Sec. 416. Potable water.
Sec. 417. Transportation of platform jackets.
Sec. 418. Renewal of advisory groups.
TITLE V--FEDERAL MARITIME COMMISSION
Sec. 501. Authorization of appropriations for Federal Maritime
Commission.
Sec. 502. Report on ocean shipping information gathering efforts.
TITLE VI--MISCELLANEOUS
Sec. 601. Increase in civil penalties for violations of certain bridge
statutes.
Sec. 602. Conveyance of decommissioned Coast Guard cutters.
Sec. 603. Tonnage measurement.
Sec. 604. Operation of vessel STAD AMSTERDAM.
Sec. 605. Great Lakes National Maritime Enhancement Institute.
Sec. 606. Koss Cove.
Sec. 607. Miscellaneous certificates of documentation.
Sec. 608. Requirements for coastwise endorsement.
Sec. 609. Correction of references to National Driver Register.
Sec. 610. Wateree River.
Sec. 611. Merchant mariners' documents pilot program.
Sec. 612. Conveyance.
Sec. 613. Bridge administration.
Sec. 614. Sense of Congress regarding carbon monoxide and watercraft.
Sec. 615. Mitigation of penalty due to avoidance of a certain condition.
Sec. 616. Certain vessels to be tour vessels.
Sec. 617. Sense of Congress regarding timely review and adjustment of
Great Lakes pilotage rates.
Sec. 618. Westlake chemical barge documentation.
Sec. 619. Correction to definition.
Sec. 620. LORAN-C.
Sec. 621. Deepwater report.
Sec. 622. Judicial review of National Transportation Safety Board final
orders.
Sec. 623. Interim authority for dry bulk cargo residue disposal.
Sec. 624. Small passenger vessel report.
Sec. 625. Conveyance of motor lifeboat.
Sec. 626. Study on routing measures.
Sec. 627. Conveyance of light stations.
Sec. 628. Waiver.
Sec. 629. Approval of modular accommodation units for living quarters.
TITLE VII--AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990
Sec. 701. Vessel response plans for nontank vessels over 400 gross tons.
Sec. 702. Requirements for tank level and pressure monitoring devices.
Sec. 703. Liability and cost recovery.
Sec. 704. Oil Spill Recovery Institute.
Sec. 705. Alternatives.
Sec. 706. Authority to settle.
Sec. 707. Report on implementation of the Oil Pollution Act of 1990.
Sec. 708. Loans for fishermen and aquaculture producers impacted by oil
spills.
TITLE VIII--MARITIME TRANSPORTATION SECURITY
Sec. 801. Enforcement.
[[Page 118 STAT. 1030]]
Sec. 802. In rem liability for civil penalties and costs.
Sec. 803. Maritime information.
Sec. 804. Maritime transportation security grants.
Sec. 805. Security assessment of waters under the jurisdiction of the
United States.
Sec. 806. Membership of Area Maritime Security Advisory Committees.
Sec. 807. Joint operational centers for port security.
Sec. 808. Investigations.
Sec. 809. Vessel and intermodal security reports.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2005 for
necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$5,404,300,000, of which $25,000,000 is authorized to be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,500,000,000, of which--
(A) $23,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990), to
remain available until expended;
(B) $1,100,000,000 is authorized for acquisition and
construction of shore and offshore facilities, vessels,
and aircraft, including equipment related thereto, and
other activities that constitute the Integrated
Deepwater System; and
(C) $161,000,000 shall be available for Rescue 21.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in search
and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense readiness,
$24,200,000, to remain available until expended, of which
$3,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose),
payments under the Retired Serviceman's Family Protection and
Survivor Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10,
United States Code, $1,085,460,000, to remain available until
expended.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $19,650,000, of
which--
(A) $17,150,000, to remain available until expended;
and
(B) <<NOTE: Massachusetts.>> $2,500,000, to remain
available until expended, which may be utilized for
construction of a new Chelsea
[[Page 118 STAT. 1031]]
Street Bridge over the Chelsea River in Boston,
Massachusetts.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated with
operation and maintenance), $17,000,000, to remain available
until expended.
(7) For maintenance and operation of facilities, supplies,
equipments, and services necessary for the Coast Guard Reserve,
as authorized by law, $117,000,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 for the years ending
on September 30, 2004, and September 30, 2005.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training for fiscal year 2005,
2,500 student years.
(2) For flight training for fiscal year 2005, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2005, 350 student years.
(4) For officer acquisition for fiscal year 2005, 1,200
student years.
TITLE II--COAST GUARD MANAGEMENT
SEC. 201. LONG-TERM LEASES.
Section 93 of title 14, United States Code, is amended--
(1) by redesignating paragraphs (a) through (x) in order as
paragraphs (1) through (23);
(2) in paragraph (18) (as so redesignated) by striking the
comma at the end and inserting a semicolon;
(3) by inserting ``(a)'' before ``For the purpose''; and
(4) by adding at the end the following:
``(b)(1) Notwithstanding subsection (a)(14), a lease described in
paragraph (2) of this subsection may be for a term of up to 20 years.
``(2) A lease referred to in paragraph (1) is a lease--
``(A) to the United States Coast Guard Academy Alumni
Association for the construction of an Alumni Center on the
grounds of the United States Coast Guard Academy; or
``(B) to an entity with which the Commandant has a
cooperative agreement under section 4(e) of the Ports and
Waterways Safety Act, and for which a term longer than 5 years
is necessary to carry out the agreement.''.
SEC. 202. NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 152. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide or
obtain goods and services
``The Coast Guard Exchange System, or a morale, welfare, and
recreation system of the Coast Guard, may enter into a contract
[[Page 118 STAT. 1032]]
or other agreement with any element or instrumentality 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:
``Sec. 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 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 the member's 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 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 determined.''.
(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. INDEMNITY FOR DISABLING VESSELS LIABLE TO SEIZURE OR
EXAMINATION.
(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
endanger persons or property in the vicinity of the vessel to be
stopped.''.
[[Page 118 STAT. 1033]]
(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--
(A) inserting ``or military aircraft'' after
``surface naval vessel''; and
(B) 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 repealed.
(d) Report.--The <<NOTE: 14 USC 637 note.>> Commandant of the Coast
Guard shall transmit a report annually to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
describing the location, vessels or aircraft, circumstances, 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 authorized 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 section.
(e) Technical Correction.--
(1) Correction.--Section 637 of title 14, United States
Code, is amended in the section heading by striking ``immunity''
and inserting ``indemnity''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of title 14, United States Code, is
amended by striking the item relating to section 637 and
inserting the following:
``637. Stopping vessels; indemnity for firing at or into vessel.''.
SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS FOR CERTAIN
FEES AND CHARGES.
Section 664 of title 14, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (f);
(2) by inserting after subsection (b) the following:
``(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 collecting delinquent payments of the fee
or charge, and enforcement 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 enterprise 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 enterprise 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, subject to the
availability of appropriations, and the costs shall be credited to the
account from which expended.''; and
(3) by adding at the end the following:
[[Page 118 STAT. 1034]]
``(g) In this section the term `costs of collecting a fee or charge'
includes the reasonable administrative, accounting, personnel, contract,
equipment, supply, training, and travel expenses of calculating,
assessing, collecting, enforcing, reviewing, adjusting, and reporting on
a fee or charge.''.
SEC. 207. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.
(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 following:
``(3) The term `eligible entity' means any private person,
corporation, firm, partnership, or company and any State or
local government or housing authority of a State or local
government.''.
(b) Direct Loans for Providing Housing.--Section 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 redesignated)
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 acquisition or construction of housing units
that the Secretary determines are suitable for use as military family
housing or as military unaccompanied housing.
``(2) The Secretary shall establish such terms and conditions 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 obligors 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 ``Guarantee''; and
(B) by striking ``Loan guarantees'' and inserting
``Direct loans and loan guarantees''.
(c) Limited Partnerships With Eligible Entities.--Section 684 of
title 14, United States Code, is amended--
(1) in the section heading by striking ``nongovernmental''
and inserting ``eligible'';
(2) in subsection (a) by striking ``nongovernmental'' and
inserting ``eligible'';
(3) in subsection (b)(1) by striking ``a nongovernmental''
and inserting ``an eligible'';
(4) in subsection (b)(2) by striking ``a nongovernmental''
and inserting ``an eligible''; and
(5) in subsection (c) by striking ``nongovernmental'' and
inserting ``eligible''.
(d) Housing Demonstration Projects in Alaska.--Section 687(g) of
title 14, United Sates Code, is amended--
(1) in the heading by striking ``Project'' and inserting
``Projects'';
[[Page 118 STAT. 1035]]
(2) in paragraph (1) by striking ``a demonstration project''
and inserting ``demonstration projects'';
(3) in paragraph (1) by striking ``Kodiak, Alaska;'' and
inserting ``Kodiak, Alaska, or any other Coast Guard
installation in Alaska;'';
(4) in paragraph (2) by striking ``the demonstration
project'' and inserting ``such a demonstration project''; and
(5) in paragraph (4) by striking ``the demonstration
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:
``Sec. 687a. Differential lease payments
``Pursuant to an agreement entered into by the Secretary 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 unaccompanied 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 inserting ``one year''.
SEC. 209. MAXIMUM AGES FOR RETENTION IN AN ACTIVE STATUS.
Section 742 of title 14, United States Code, is amended to read as
follows:
``Sec. 742. Maximum ages for retention in an active status
``(a) A Reserve officer, if qualified, shall be transferred to the
Retired Reserve on the day the officer becomes 60 years of age unless on
active duty. If not qualified for retirement, a Reserve officer shall be
discharged effective upon the day the officer becomes 60 years of age
unless on active duty.
``(b) A Reserve officer on active duty shall, if qualified, be
retired effective upon the day the officer become 62 years of age. If
not qualified for retirement, a Reserve officer on active duty shall be
discharged effective upon the day the officer becomes 62 years of age.
``(c) Notwithstanding subsection (a)and (b), the Secretary may
authorize the retention of a Reserve rear admiral or rear admiral (lower
half) in an active status not longer than the day on which the officer
concerned becomes 64 years of age.
[[Page 118 STAT. 1036]]
``(d) For purposes of this section, `active duty' does not include
active duty for training, duty on a board, or duty of a limited or
temporary nature if assigned to active duty from an inactive duty
status.''.
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:
``Sec. 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 directly to the issuer of a Federal
contractor-issued travel charge card, but only in an amount not to
exceed the authorized travel expenses charged by that Coast Guard member
to that travel charge card issued to that employee or member.
``(b) Withholding of Nondisputed Obligations.--The Secretary may
also establish requirements similar to those established by the
Secretary of Defense pursuant to section 2784a of title 10 for deduction
or withholding 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 delinquency.''.
(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 following:
``517. Travel card management.''.
SEC. 211. COAST GUARD FELLOWS AND DETAILEES.
The <<NOTE: Deadline.>> Secretary of the department in which the
Coast Guard is operating, in consultation with the Attorney General,
shall by not later than 6 months after the date of the enactment of this
Act--
(1) review the Coast Guard Commandant Instruction 5730.3,
regarding congressional detailees (COMDTINST 5370.3), dated
April 18, 2003, and compare the standards set forth in the
instruction to the standards applied by other executive agencies
to congressional detailees;
(2) determine if any changes to such instruction are
necessary to protect against conflicts of interest and preserve
the doctrine of separation of powers; and
(3) <<NOTE: Reports.>> submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on the findings and conclusions of the review.
SEC. 212. LONG-TERM LEASE OF SPECIAL USE REAL PROPERTY.
(a) In General.--Section 672 of title 14, United States Code, is
amended by--
(1) striking the heading and inserting the following:
``Sec. 672. Long-term lease of special purpose facilities'';
(2) in subsection (a), inserting ``special purpose
facilities, including,'' after ``automatic renewal clauses,
for'' ; and
(3) striking ``(b) The'' and inserting:
[[Page 118 STAT. 1037]]
``(b) For purposes of this section, the term `special purpose
facilities' means any facilities used to carry out Coast Guard aviation,
maritime, or navigation missions other than general purpose office and
storage space facilities.
``(c) In the case of ATON, VTS, or NDS sites, the''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17, United States Code, is amended by striking the item relating
to section 672 and inserting the following:
``672. Long-term lease of special purpose facilities.''.
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:
``Sec. 98. National Coast Guard Museum
``(a) Establishment.--The Commandant may establish a National Coast
Guard Museum, on lands which will be federally owned and administered by
the Coast Guard, and are located in New London, Connecticut, at, or in
close proximity to, the Coast Guard Academy.
``(b) Limitation on Expenditures.--(1) Except as provided in
paragraph (2), the Secretary shall not expend any appropriated Federal
funds for the engineering, design, or construction of any museum
established under this section.
``(2) The Secretary shall fund the operation and maintenance of the
National Coast Guard Museum with nonappropriated and non-Federal funds
to the maximum extent practicable. The priority use of Federal operation
and maintenance funds should be to preserve and protect historic Coast
Guard artifacts.
``(c) Funding Plan.--Before the date on which the Commandant
establishes a museum under subsection (a), the Commandant shall provide
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a plan for constructing, operating, and maintaining such
a museum, including--
``(1) estimated planning, engineering, design, construction,
operation, and maintenance costs;
``(2) the extent to which appropriated, nonappropriated, and
non-Federal funds will be used for such purposes, including the
extent to which there is any shortfall in funding for
engineering, design, or construction; and
``(3) <<NOTE: Certification.>> a certification by the
Inspector General of the department in which the Coast Guard is
operating that the estimates provided pursuant to paragraphs (1)
and (2) are reasonable and realistic.
``(d) Authority.--The Commandant may not establish a Coast Guard
museum except as set forth in this section.''.
(b) Clerical Amendment.--The chapter analysis 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 OFFICERS.
Section 42 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``6,200'' and inserting
``6,700 in each fiscal year 2004, 2005, and 2006''; and
[[Page 118 STAT. 1038]]
(2) in subsection (b), by striking ``commander 12.0;
lieutenant commander 18.0'' and inserting ``commander 15.0;
lieutenant commander 22.0''.
SEC. 215. <<NOTE: 14 USC 93 note.>> REDISTRICTING NOTIFICATION
REQUIREMENT.
The Commandant shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate 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) permanently transferring more than 10 percent of the
personnel or equipment from a district office where such
personnel or equipment is based.
SEC. 216. REPORT ON SHOCK MITIGATION STANDARDS.
(a) Report requirement.--Not later than 180 days after the date of
the enactment of this Act, the Commandant of the Coast Guard shall issue
a report on the necessity of, and possible standards for, decking
materials for Coast Guard vessels to mitigate the adverse effects on
crew members from shock and vibration.
(b) Recommended standards.--The standards recommended in the report
may--
(1) incorporate appropriate industry or manufacturing
standards; and
(2) consider the weight and durability of decking material,
the effects of repeated use and varying weather conditions, and
the capability of decking material to lessen impact.
SEC. 217. RECOMMENDATIONS TO CONGRESS BY COMMANDANT OF THE COAST GUARD.
Section 93 of title 14, United States Code, is amended--
(1) in paragraph (w) by striking ``and'' after the semicolon
at the end;
(2) in paragraph (x) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(y) after informing the Secretary, make such
recommendations to the Congress relating to the Coast Guard as
the Commandant considers appropriate.''.
SEC. 218. COAST GUARD EDUCATION LOAN REPAYMENT PROGRAM.
(a) Program Authorized.--Chapter 13 of title 14, United States Code,
is amended by inserting after section 471 the following:
``Sec. 472. Education loan repayment program
``(a)(1) Subject to the provisions of this section, the Secretary
may repay--
``(A) any loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.);
``(B) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
or
``(C) any loan made under part E of such title (20 U.S.C.
1087aa et seq.).
[[Page 118 STAT. 1039]]
Repayment of any such loan shall be made on the basis of each complete
year of service performed by the borrower.
``(2) The Secretary may repay loans described in paragraph (1) in
the case of any person for service performed on active duty as an
enlisted member of the Coast Guard in a specialty specified by the
Secretary.
``(b) The portion or amount of a loan that may be repaid under
subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for
each year of service.
``(c) If a portion of a loan is repaid under this section for any
year, interest on the remainder of such loan shall accrue and be paid in
the same manner as is otherwise required.
``(d) Nothing in this section shall be construed to authorize
refunding any repayment of a loan.
``(e) <<NOTE: Regulations.>> The Secretary shall, by regulation,
prescribe a schedule for the allocation of funds made available to carry
out this section during any year for which funds are not sufficient to
pay the sum of the amounts eligible for repayment under subsection
(a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 14, United States Code, is amended by inserting
after the item relating to section 471 the following:
``472. Education loan repayment program.''.
SEC. 219. CONTINGENT EXPENSES.
Section 476 of title 14, United States Code, is amended--
(1) by striking ``$7,500'' and inserting ``$50,000''; and
(2) by striking the second sentence.
SEC. 220. RESERVE ADMIRALS.
(a) Precedence.--Section 725 of title 14, United States Code, is
amended by adding at the end the following:
``(d) Notwithstanding any other law, a Reserve officer shall not
lose precedence by reason of promotion to the grade of rear admiral or
rear admiral (lower half), if the promotion is determined in accordance
with a running mate system.
``(e) The Secretary shall adjust the date of rank of a Reserve
officer so that no changes of precedence occur.''.
(b) Promotion.--Section 736(b) of title 14, United States Code, is
amend to read as follows:
``(b) Notwithstanding any other provision of law and subject to
subsection (c), if promotion of an inactive duty promotion list officer
to the grade of rear admiral or rear admiral (lower half) is determined
in accordance with a running mate system, a reserve officer, if
acceptable to the President and the Senate, shall be promoted to the
next higher grade no later than the date the officer's running mate is
promoted.''.
(c) Date of Appointment.--Section 736(c) of title 14, United States
Code, is amend by striking ``of subsection (a)''.
(d) Maximum Service.--Section 743 of title 14, United States Code,
is amended to read as follows:
``Sec. 743. Rear admiral and rear admiral (lower half); maximum service
in grade
``(a) Unless retained in or removed from an active status under any
other law, a reserve rear admiral or rear admiral (lower half) shall be
retired on July 1 of the promotion year immediately following the
promotion year in which that officer completes 4 years
[[Page 118 STAT. 1040]]
of service after the appointment of the officer to rear admiral (lower
half).
``(b) Notwithstanding any other provision of law, if promotion of
inactive duty promotion list officers to the grade of rear admiral is
not determined in accordance with a running mate system, a Reserve
officer serving in an active status in the grade of rear admiral (lower
half) shall be promoted to the grade of rear admiral, if acceptable to
the President and the Senate, on the date the officer has served 2 years
in an active status in grade of rear admiral (lower half), or in the
case of a vacancy occurring prior to having served 2 years in an active
status, on the date the vacancy occurs, if the officer served at least 1
year in an active status in the grade of rear admiral (lower half).''.
SEC. 221. CONFIDENTIAL INVESTIGATIVE EXPENSES.
Section 658 of title 14, United States Code, is amended by striking
``$15,000 per annum'' and inserting ``$45,000 each fiscal year''.
SEC. 222. <<NOTE: 14 USC 93 note.>> INNOVATIVE CONSTRUCTION
ALTERNATIVES.
The Commandant of the Coast Guard may consult with the Office of
Naval Research and other Federal agencies with research and development
programs that may provide innovative construction alternatives for the
Integrated Deepwater System.
SEC. 223. DELEGATION OF PORT SECURITY AUTHORITY.
The undesignated text following paragraph (b) of the second
unnumbered paragraph of section 1 of title II of the Act of June 15,
1917 (chapter 30; 40 Stat. 220; 50 U.S.C. 191) is amended by adding at
the beginning the following: ``The President may delegate the authority
to issue such rules and regulations to the Secretary of the department
in which the Coast Guard is operating.''.
SEC. 224. <<NOTE: 16 USC 1861b.>> FISHERIES ENFORCEMENT PLANS AND
REPORTING.
(a) Fisheries Enforcement Plans.--In preparing the Coast Guard's
annual fisheries enforcement plan, the Commandant of the Coast Guard
shall consult with the Under Secretary of Commerce for Oceans and
Atmosphere and with State and local enforcement authorities.
(b) Fishery <<NOTE: Notification.>> Patrols.--Prior to undertaking
fisheries patrols, the Commandant of the Coast Guard shall notify the
Under Secretary of Commerce for Oceans and Atmosphere and appropriate
State and local enforcement authorities of the projected dates for such
patrols.
(c) Annual Summary.--The Commandant of the Coast Guard shall prepare
and make available to the Under Secretary of Commerce for Oceans and
Atmosphere, State and local enforcement entities, and other relevant
stakeholders, an annual summary report of fisheries enforcement
activities for the preceding year, including a summary of the number of
patrols, law enforcement actions taken, and resource hours expended.
SEC. 225. <<NOTE: 14 USC 515 note.>> USE OF COAST GUARD AND MILITARY
CHILD DEVELOPMENT CENTERS.
The Secretary of Defense and the Secretary of the department in
which the Coast Guard is operating, when operating other than as a
service in the Navy, may agree to provide child care services
[[Page 118 STAT. 1041]]
to members of the armed forces, with reimbursement, in Coast Guard and
military child development centers supported in whole or in part with
appropriated funds. For purposes of military child development centers
operated under the authority of subchapter II of chapter 88 of title 10,
United States Code, the child of a member of the Coast Guard shall be
considered the same as the child of a member of any of the other armed
forces.
SEC. 226. TREATMENT OF PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED
SOLELY FOR AUXILIARY USE.
Section 821 of title 14, United States Code, is amended by adding at
the end the following:
``(d)(1) Except as provided in paragraph (2), personal property of
the auxiliary shall not be considered property of the United States.
``(2) The Secretary may treat personal property of the auxiliary as
property of the United States--
``(A) for the purposes of--
``(i) the statutes and matters referred to in
paragraphs (1) through (6) of subsection (b); and
``(ii) section 641 of this title; and
``(B) as otherwise provided in this chapter.
``(3) The Secretary may reimburse the Auxiliary, and each
organizational element and unit of the Auxiliary, for necessary expenses
of operation, maintenance, and repair or replacement of personal
property of the Auxiliary.
``(4) In this subsection, the term `personal property of the
Auxiliary' means motor boats, yachts, aircraft, radio stations,
motorized vehicles, trailers, or other equipment that is under the
administrative jurisdiction of the Coast Guard Auxiliary or an
organizational element or unit of the Auxiliary and that is used solely
for the purposes described in this subsection.''.
TITLE III--NAVIGATION
SEC. 301. MARKING OF UNDERWATER WRECKS.
Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C.
409) is amended--
(1) by striking ``day and a lighted lantern'' in the second
sentence inserting ``day and, unless otherwise granted a waiver
by the Commandant of the Coast Guard, a light''; and
(2) by adding at the end ``The Commandant of the Coast Guard
may waive the requirement to mark a wrecked vessel, raft, or
other craft with a light at night if the Commandant determines
that placing a light would be impractical and granting such a
waiver would not create an undue hazard to navigation.''.
SEC. 302. USE OF ELECTRONIC DEVICES; COOPERATIVE AGREEMENTS.
Section 4(a) of the Ports and Waterways Safety Act of 1972 (33
U.S.C. 1223(a)) is amended by--
(1)(A) striking ``and'' after the semicolon at the end of
paragraph (4);
(B) striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) adding at the end the following:
[[Page 118 STAT. 1042]]
``(6) may prohibit the use on vessels of electronic or other
devices that interfere with communication and navigation
equipment, except that such authority shall not apply to
electronic or other devices certified to transmit in the
maritime services by the Federal Communications Commission and
used within the frequency bands 157.1875-157.4375 MHz and
161.7875-162.0375 MHz.''; and
(2) adding at the end the following:
``(e) Cooperative Agreements.--(1) The Secretary may enter into
cooperative agreements with public or private agencies, authorities,
associations, institutions, corporations, organizations, or other
persons to carry out the functions under subsection (a)(1).
``(2) A nongovernmental entity may not under this subsection carry
out an inherently governmental function.
``(3) As used in this paragraph, the term `inherently 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, including an activity that requires either the
exercise of discretion in applying the authority of the Government or
the use of judgment in making a decision for the Government.''.
SEC. 303. INLAND NAVIGATION RULES PROMULGATION AUTHORITY.
(a) Repeal of Inland Rules.--Section 2 of the Inland 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 <<NOTE: 33 USC 2071.>> (33 U.S.C. 2001)
is amended to read as follows:
``SEC. 3. INLAND NAVIGATION RULES.
``The Secretary of the Department in which the Coast Guard is
operating may issue inland navigation regulations applicable to all
vessels upon the inland waters of the United States and technical
annexes that are as consistent as possible with the respective annexes
to the International Regulations.''.
(c) Effective <<NOTE: 33 USC 2001 note.>> Date.--Subsection (a) is
effective on the effective date of final regulations prescribed by the
Secretary of the Department in which the Coast Guard is operating under
section 3 of the Inland Navigation Rules Act of 1980 (33 U.S.C. 2001),
as amended by this Act.
SEC. 304. SAINT LAWRENCE SEAWAY.
Section 3(2) of the Ports and Waterways Safety Act (33 U.S.C.
1222(2)) is amended by inserting ``, except that `Secretary' means the
Secretary of Transportation with respect to the application of this Act
to the Saint Lawrence Seaway'' after ``in which the Coast Guard is
operating''.
TITLE IV--SHIPPING
SEC. 401. REPORTS FROM CHARTERERS.
Section 12120 of title 46, United States Code, is amended by
striking ``owners and masters'' and inserting ``owners, masters, and
charterers''.
[[Page 118 STAT. 1043]]
SEC. 402. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG CONVICTIONS IN
SUSPENSION AND REVOCATION CASES.
Section 7704(b) of title 46, United States Code, is amended by
inserting ``suspended or'' after ``shall be''.
SEC. 403. RECORDS OF MERCHANT MARINERS' DOCUMENTS.
Section 7319 of title 46, United States Code, is amended by striking
the second sentence.
SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CERTAIN CITIZENSHIP
REQUIREMENTS.
(a) Limitation on Command.--Section 12110(d) of title 46, United
States Code, is amended by inserting ``or an unmanned barge operating
outside of the territorial waters of the United States,'' after
``recreational endorsement,''.
(b) Penalty.--Section 12122(b)(6) of title 46, United States Code,
is amended by inserting ``or an unmanned barge operating outside of the
territorial waters of the United States,'' after ``recreational
endorsement,''.
SEC. 405. COMPLIANCE WITH INTERNATIONAL SAFETY MANAGEMENT CODE.
(a) Application of Existing Law.--Section 3202(a) of title 46,
United States Code, is amended to read as follows:
``(a) Mandatory Application.--This chapter applies to a vessel
that--
``(1)(A) is transporting more than 12 passengers described
in section 2101(21)(A) of this title; or
``(B) is of at least 500 gross tons as measured under
section 14302 of this title and is a tanker, freight vessel,
bulk freight vessel, high speed freight vessel, or self-
propelled mobile 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 voyage, any part of which
is on the high seas.''.
(b) Compliance of Regulations With International Safety Management
Code.--Section 3203(b) of title 46, United States Code, is amended by
striking ``vessels engaged on a foreign voyage.'' and inserting
``vessels to which this chapter applies under section 3202(a) of this
title.''.
SEC. 406. PENALTIES.
Section 4311(b) of title 46, United States Code, is amended to read
as follows:
``(b)(1) A person violating section 4307(a)of this title is liable
to the United States Government for a civil penalty of not more than
$5,000, except that the maximum civil penalty may be not more than
$250,000 for a related series of violations.
``(2) If the Secretary decides under section 4310(f) that a
recreational vessel or associated equipment contains a defect related to
safety or fails to comply with an applicable regulation and directs the
manufacturer to provide the notifications specified in this chapter, any
person, including a director, officer or executive employee of a
corporation, who knowingly and willfully fails to comply with that
order, may be fined not more than $10,000, imprisoned for not more than
one year, or both.
[[Page 118 STAT. 1044]]
``(3) When a corporation violates section 4307(a), or fails to
comply with the Secretary's decision under section 4310(f), any
director, officer, or executive employee of the corporation who
knowingly and willfully ordered, or knowingly and willfully authorized,
a violation is individually liable to the Government for a penalty under
paragraphs (1) or (2) in addition to the corporation. However, the
director, officer, or executive employee is not liable individually
under this subsection if the director, officer, or executive employee
can demonstrate by a preponderance of the evidence that--
``(A) the order or authorization was issued on the basis of
a decision, in exercising reasonable and prudent judgment, that
the defect or the nonconformity with standards and regulations
constituting the violation would not cause or constitute a
substantial risk of personal injury to the public; and
``(B) at the time of the order or authorization, the
director, officer, or executive employee advised the Secretary
in writing of acting under this subparagraph and subparagraph
(A).''.
SEC. 407. REVISION OF TEMPORARY SUSPENSION CRITERIA IN DOCUMENT
SUSPENSION AND REVOCATION CASES.
Section 7702(d) of title 46, United States Code, is amended--
(1) in paragraph (1) by striking ``if, when acting under the
authority of that license, certificate, or document--'' and
inserting ``if--'';
(2) in paragraph (1)(B)(i), by inserting ``, while acting
under the authority of that license, certificate, or document,''
after ``has'';
(3) by striking ``or'' after the semicolon at the end of
paragraph (1)(B)(ii);
(4) by striking the period at the end of paragraph
(1)(B)(iii) and inserting ``; or''; and
(5) by adding at the end of paragraph (1)(B) the following:
``(iv) is a security risk that poses a threat to the
safety or security of a vessel or a public or commercial
structure located within or adjacent to the marine
environment.''.
SEC. 408. REVISION OF BASES FOR DOCUMENT SUSPENSION AND REVOCATION
CASES.
Section 7703 of title 46, United States Code, is amended--
(1) in paragraph (1)(B)--
(A) by striking ``incompetence,''; and
(B) by striking the comma after ``misconduct'';
(2) by striking ``or'' after the semicolon at the end of
paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(4) by adding at the end the following:
``(4) has committed an act of incompetence relating to the
operation of a vessel; or
``(5) is a security risk that poses a threat to the safety
or security of a vessel or a public or commercial structure
located within or adjacent to the marine environment.''.
SEC. 409. HOURS OF SERVICE ON TOWING VESSELS.
(a) Regulations.--Section 8904 of title 46, United States Code, is
amended by adding at the end of the following:
[[Page 118 STAT. 1045]]
``(c) The Secretary may prescribe by regulation requirements for
maximum hours of service (including recording and recordkeeping of that
service) of individuals engaged on a towing vessel that is at least 26
feet in length measured from end to end over the deck (excluding the
sheer).''.
(b) Demonstration <<NOTE: Reports. 46 USC 8904 note.>> Project.--
Prior to prescribing regulations under this section the Secretary shall
conduct and report to the Congress on the results of a demonstration
project involving the implementation of Crew Endurance Management
Systems on towing vessels. The report shall include a description of the
public and private sector resources needed to enable implementation of
Crew Endurance Management Systems on all United States-flag towing
vessels.
SEC. 410. ELECTRONIC CHARTS.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is
amended by inserting after section 4 the following: <<NOTE: 33 USC
1223a.>>
``SEC. 4A. ELECTRONIC CHARTS.
``(a) System Requirements.--
``(1) Requirements.--Subject to paragraph (2), the following
vessels, while operating on the navigable waters of the United
States, shall be equipped with and operate electronic charts
under regulations prescribed by the Secretary of the department
in which the Coast Guard is operating:
``(A) A self-propelled commercial vessel of at least
65 feet overall length.
``(B) A vessel carrying more than a number of
passengers for hire determined by the Secretary.
``(C) A towing vessel of more than 26 feet in
overall length and 600 horsepower.
``(D) Any other vessel for which the Secretary
decides that electronic charts are necessary for the
safe navigation of the vessel.
``(2) Exemptions and waivers.--The Secretary may--
``(A) exempt a vessel from paragraph (1), if the
Secretary finds that electronic charts are not necessary
for the safe navigation of the vessel on the waters on
which the vessel operates; and
``(B) waive the application of paragraph (1) with
respect to operation of vessels on navigable waters of
the United States specified by the Secretary, if the
Secretary finds that electronic charts are not needed
for safe navigation on those waters.
``(b) Regulations.--The <<NOTE: Deadline.>> Secretary of the
department in which the Coast Guard is operating shall prescribe
regulations implementing subsection (a) before January 1, 2007,
including requirements for the operation and maintenance of the
electronic charts required under subsection (a).''.
SEC. 411. PREVENTION OF DEPARTURE.
(a) In General.--Section 3505 of title 46, United States Code, is
amended to read as follows:
``Sec. 3505. Prevention of departure
``Notwithstanding section 3303 of this title, a foreign vessel
carrying a citizen of the United States as a passenger or embarking
passengers from a United States port may not depart from a United
[[Page 118 STAT. 1046]]
States port if the Secretary finds that the vessel does not comply with
the standards stated in the International Convention for the Safety of
Life at Sea to which the United States Government is currently a
party.''.
(b) Conforming Amendment.--Section 3303 of title 46, United States
Code, is amended by inserting ``and section 3505'' after ``chapter 37''.
SEC. 412. SERVICE OF FOREIGN NATIONALS FOR MARITIME EDUCATIONAL
PURPOSES.
Section 8103(b)(1)(A) of title 46, United State Code, is amended to
read as follows:
``(A) each unlicensed seaman must be--
``(i) a citizen of the United States;
``(ii) an alien lawfully admitted to the United
States for permanent residence; or
``(iii) a foreign national who is enrolled in the
United States Merchant Marine Academy.''.
SEC. 413. CLASSIFICATION SOCIETIES.
(a) In General.--Section 3316 of title 46, United States Code, is
amended by adding at the end the following:
``(c)(1) A classification society (including an employee or agent of
that society) may not review, examine, survey, or certify the
construction, repair, or alteration of a vessel in the United States
unless--
``(A) the society has applied for approval under
this subsection and the Secretary has reviewed and
approved that society with respect to the conduct of
that society under paragraph (2); or
``(B) the society is a full member of the
International Association of Classification Societies.
``(2) The Secretary may approve a person for purposes of
paragraph (1) only if the Secretary determines that--
``(A) the vessels surveyed by the person while
acting as a classification society have an adequate
safety record; and
``(B) the person has an adequate program to--
``(i) develop and implement safety standards
for vessels surveyed by the person;
``(ii) make the safety records of the person
available to the Secretary in an electronic
format;
``(iii) provide the safety records of a vessel
surveyed by the person to any other classification
society that requests those records for the
purpose of conducting a survey of the vessel; and
``(iv) request the safety records of a vessel
the person will survey from any classification
society that previously surveyed the vessel.''.
(b) Application.--Section <<NOTE: 46 USC 3316 note.>> 3316(c)(1) of
title 46, United States Code, shall apply with respect to operation as a
classification society on or after January 1, 2005.
SEC. 414. DRUG TESTING REPORTING.
(a) In General.--Chapter 77 of title 46, United States Code, is
amended by adding at the end:
[[Page 118 STAT. 1047]]
``Sec. 7706. Drug testing reporting
``(a) Release of Drug Test Results to Coast Guard.--Not later than 2
weeks after receiving from a Medical Review Officer a report of a
verified positive drug test or verified test violation by a civilian
employee of a Federal agency, an officer in the Public Health Services,
or an officer in the National Oceanic and Atmospheric Administration
Commissioned Officer Corps, who is employed in any capacity on board a
vessel operated by the agency, the head of the agency shall release to
the Commandant of the Coast Guard the report.
``(b) Standards, Procedures, and Regulations.--The head of a Federal
agency shall carry out a release under subsection (a) in accordance with
the standards, procedures, and regulations applicable to the disclosure
and reporting to the Coast Guard of drug tests results and drug test
records of individuals employed on vessels documented under the laws of
the United States.
``(c) Waiver.--Notwithstanding section 503(e) of the Supplemental
Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug test
of an employee may be released under this section without the prior
written consent of the employee.''.
(b) Conforming Amendment.--The chapter analysis for chapter 77 of
title 46, United States Code, is amended by adding at the end the
following:
``7706. Drug testing reporting.''.
SEC. 415. INSPECTION OF TOWING VESSELS.
(a) Vessels Subject to Inspection.--Section 3301 of title 46, United
States Code, is amended by adding at the end the following:
``(15) towing vessels.''.
(b) Safety Management System.--Section 3306 of chapter 33 of title
46, United States Code, is amended by adding at the end the following:
``(j) The Secretary may establish by regulation a safety management
system appropriate for the characteristics, methods of operation, and
nature of service of towing vessels.''.
SEC. 416. POTABLE WATER.
(a) In General.--Section 3305(a) of title 46, United States Code, is
amended--
(1) by redesignating paragraphs (4) and (5) in order as
paragraphs (5) and (6); and
(2) by inserting after paragraph (3) the following:
``(4) has an adequate supply of potable water for drinking
and washing by passengers and crew;''.
(b) Adequacy Determination.--Section 3305(a) of title 46, United
States Code, as amended by subsection (a), is further amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively; and
(3) by adding at the end the following:
``(2) In determining the adequacy of the supply of potable
water under paragraph (1)(D), the Secretary shall consider--
``(A) the size and type of vessel;
``(B) the number of passengers or crew on board;
``(C) the duration and routing of voyages; and
[[Page 118 STAT. 1048]]
``(D) guidelines for potable water recommended by
the Centers for Disease Control and Prevention and the
Public Health Service.''.
SEC. 417. TRANSPORTATION OF PLATFORM JACKETS.
The thirteenth proviso (pertaining to transportation by launch
barge) of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C.
883) is amended to read as follows: ``Provided further, <<NOTE: Federal
Register, publication. Deadlines.>> That the transportation of any
platform jacket in or on a non-coastwise qualified launch barge, that
was built before December 31, 2000, and has a launch capacity of 12,000
long tons or more, between two points in the United States, at one of
which there is an installation or other device within the meaning of
section 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1333(a)), shall not be deemed transportation subject to this section if
the Secretary of Transportation makes a determination, in accordance
with procedures established pursuant to this proviso that a suitable
coastwise-qualified vessel is not available for use in the
transportation and, if needed, launch or installation of a platform
jacket and; that the Secretary of Transportation shall adopt procedures
implementing this proviso that are reasonably designed to provide timely
information so as to maximize the use of coastwise qualified-vessels,
which procedures shall, among other things, establish that for purposes
of this proviso, a coastwise-qualified vessel shall be deemed to be not
available only (1) if upon application by an owner or operator for the
use of a non-coastwise qualified launch barge for transportation of a
platform jacket under this section, which application shall include all
relevant information, including engineering details and timing
requirements, the Secretary promptly publishes a notice in the Federal
Register describing the project and the platform jacket involved,
advising that all relevant information reasonably needed to assess the
transportation requirements for the platform jacket will be made
available to interested parties upon request, and requesting that
information on the availability of coastwise-qualified vessels be
submitted within 30 days after publication of that notice; and (2) if
either (A) no information is submitted to the Secretary within that 30
day period, or (B) although the owner or operator of a coastwise-
qualified vessel submits information to the Secretary asserting that the
owner or operator has a suitable coastwise-qualified vessel available
for this transportation, the Secretary, within 90 days of the date on
which the notice is first published determines that the coastwise-
qualified vessel is not suitable or reasonably available for the
transportation; and that, for the purposes of this proviso, the term
`coastwise-qualified vessel' means a vessel that has been issued a
certificate of documentation with a coastwise endorsement under section
12106 of title 46, United States Code, and the term `platform jacket'
refers to a single physical component and includes any type of offshore
exploration, development, or production structure or component thereof,
including platform jackets, tension leg or SPAR platform superstructures
(including the deck, drilling rig and support utilities, and supporting
structure), hull (including vertical legs and connecting pontoons or
vertical cylinder), tower and base sections of a platform jacket, jacket
structures, and deck modules (known as `topsides').''.
[[Page 118 STAT. 1049]]
SEC. 418. RENEWAL OF ADVISORY GROUPS.
(a) Commercial Fishing Industry Vessel Safety Advisory Committee.--
Section 4508(e)(1) of title 46, United States Code, is amended by
striking ``of September 30, 2005'' and inserting ``on September 30,
2010''.
(b) Houston-Galveston Navigation Safety Advisory Committee.--Section
18 of the Coast Guard Authorization Act of 1991 (Public Law 102-241; 105
Stat. 2213) is amended--
(1) in subsection (b) by striking ``eighteen'' and inserting
``19'';
(2) by adding at the end of subsection (b) the following:
``(12) One member representing recreational boating
interests.''; and
(3) in subsection (h) by striking ``September 30, 2005'' and
inserting ``September 30, 2010''.
(c) Lower Mississippi River Waterway Safety Advisory Committee.--
Section 19(g) of the Coast Guard Authorization Act of 1991 (Public Law
102-241) <<NOTE: 110 Stat. 3918.>> is amended by striking ``September
30, 2005'' and inserting ``September 30, 2010''.
(d) Great Lakes Pilotage Advisory Committee.--Section 9307(f)(1) of
title 46, United States Code, is amended by striking ``September 30,
2005'' and inserting ``September 30, 2010''.
(e) Navigation Safety Advisory Council.--Section 5(d) of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2073(d)) is amended by
striking ``September 30, 2005'' and inserting ``September 30, 2010''.
(f) National Boating Safety Advisory Council.--Section 13110(e) of
title 46, United States Code, is amended by striking ``September 30,
2005'' and inserting ``September 30, 2010''.
(g) Towing Safety Advisory Committee.--Public Law 96-380 (33 U.S.C.
1231a) is amended in subsection (e) by striking ``September 30, 2005''
and inserting ``September 30, 2010''.
TITLE V--FEDERAL MARITIME COMMISSION
SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL MARITIME
COMMISSION.
There are authorized to be appropriated to the Federal Maritime
Commission--
(1) for fiscal year 2005, $19,500,000;
(2) for fiscal year 2006, $20,750,000;
(3) for fiscal year 2007, $21,500,000; and
(4) for fiscal year 2008, $22,575,000.
SEC. 502. REPORT ON OCEAN SHIPPING INFORMATION GATHERING EFFORTS.
The Federal Maritime Commission shall transmit to the Senate
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report within 90 days after the date of the enactment
of this Act on the status of any agreements, or ongoing discussions
with, other Federal, State, or local government agencies concerning the
sharing of ocean shipping information for the purpose of assisting law
enforcement or anti-terrorism
[[Page 118 STAT. 1050]]
efforts. The Commission shall include in the report recommendations on
how the Commission's ocean shipping information could be better utilized
by it and other Federal agencies to improve port security.
TITLE VI--MISCELLANEOUS
SEC. 601. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN BRIDGE
STATUTES.
(a) General Bridge Act of 1906.--Section 5(b) of Act of March 23,
1906 (chapter 1130; 33 U.S.C. 495), popularly known as the General
Bridge Act, is amended by striking ``$1,000'' and inserting ``$5,000 for
a violation occurring in 2004; $10,000 for a violation occurring in
2005; $15,000 for a violation occurring in 2006; $20,000 for a violation
occurring in 2007; and $25,000 for a violation occurring in 2008 and any
year thereafter''.
(b) Drawbridges.--Section 5(c) of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other 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 occurring in 2007; and $25,000 for a violation
occurring in 2008 and any year thereafter''.
(c) Alteration, Removal, or Repair of Bridges.--Section 18(c) of the
Act entitled ``An Act making appropriations for the construction,
repair, and preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 3, 1899 (33 U.S.C. 502(c)) is
amended by striking ``$1,000'' and inserting ``$5,000 for a violation
occurring in 2004; $10,000 for a violation occurring in 2005; $15,000
for a violation occurring in 2006; $20,000 for a violation occurring in
2007; and $25,000 for a violation occurring in 2008 and any year
thereafter''.
(d) General Bridge Act of 1946.--Section 510(b) of the 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 occurring in 2005; $15,000 for a violation occurring in 2006;
$20,000 for a violation occurring in 2007; and $25,000 for a violation
occurring in 2008 and any year thereafter''.
SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTERS.
(a) In General.--The Commandant of the Coast Guard may convey all
right, title, and interest of the United States in and to a vessel
described in subsection (b) to the person designated in subsection (b)
with respect to the vessel (in this section referred to as the
``recipient''), without consideration, if the person complies with the
conditions under subsection (c).
(b) Vessels Described.--The vessels referred to in subsection (a)
are the following:
(1) The Coast Guard Cutter BRAMBLE, to be conveyed to the
Port Huron Museum of Arts and History (a nonprofit corporation
under the laws of the State of Michigan), located in Port Huron,
Michigan.
[[Page 118 STAT. 1051]]
(2) The Coast Guard Cutter PLANETREE, to be conveyed to
Jewish Life (a nonprofit corporation under the laws of the State
of California), located in Sherman Oaks, California.
(3) The Coast Guard Cutter SUNDEW, to be conveyed to Duluth
Entertainment and Convention Center Authority (a nonprofit
corporation under the laws of the State of Minnesota), located
in Duluth, Minnesota.
(c) Conditions.--As a condition of any conveyance of a vessel under
subsection (a), the Commandant shall require the recipient--
(1) to agree--
(A) to use the vessel for purposes of education and
historical display;
(B) not to use the vessel for commercial
transportation purposes;
(C) to make the vessel available to the United
States Government if needed for use by the Commandant in
time of war or a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls (PCBs), after
conveyance of the vessel, except for claims arising from
use of the vessel by the Government under subparagraph
(C);
(2) to have funds available that will be committed to
operate and maintain the vessel conveyed in good working
condition--
(A) in the form of cash, liquid assets, or a written
loan commitment; and
(B) in an amount of at least $700,000; and
(3) to agree to any other conditions the Commandant
considers appropriate.
(d) Maintenance and Delivery of Vessel.--Prior to conveyance of a
vessel under this section, the Commandant may, to the extent practical,
and subject to other Coast Guard mission requirements, make every effort
to maintain the integrity of the vessel and its equipment until the time
of delivery. The 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 Government. The conveyance of a
vessel under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of the Toxic Substances Control
Act (15 U.S.C. 2605(e)).
(e) Other Excess Equipment.--The Commandant may convey to the
recipient of a vessel under this section any excess equipment or parts
from other decommissioned Coast Guard vessels for use to enhance the
vessel's operability and function as an historical display.
SEC. 603. TONNAGE MEASUREMENT.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating may apply section 8104(o)(2) of title 46, United
States Code, to the vessels described in subsection (b) without regard
to the tonnage of those vessels.
(b) Vessels Described.--The vessels referred to in subsection (a)
are the following:
(1) The M/V BLUEFIN (United States official number 620431).
[[Page 118 STAT. 1052]]
(2) The M/V COASTAL MERCHANT (United States official number
1038382).
(c) Application.--Subsection (a) shall not apply to a vessel
described in subsection (b)--
(1) until the Secretary determines that the application of
subsection (a) will not compromise safety; and
(2) on or after any date on which the Secretary determines
that the vessel has undergone any major modification.
SEC. 604. OPERATION OF VESSEL STAD AMSTERDAM.
(a) In General.--Notwithstanding section 8 of the Act of June 19,
1886 (46 App. U.S.C. 289), and the ruling by the Acting Director of the
International Trade Compliance Division of the Customs Service on May
17, 2002 (Customs Bulletins and Decisions, Vol. 36, No. 23, June 5,
2002), the vessel STAD AMSTERDAM (International Maritime Organization
number 9185554) shall be authorized to carry within United States waters
and between ports or places in the United States individuals who are not
directly and substantially connected with the operation, navigation,
ownership, or business of the vessel, who are friends, guests, or
employees of the owner of the vessel, and who are not actual or
prospective customers for hire of the vessel.
(b) Limitation.--This section does not authorize the vessel STAD
AMSTERDAM--
(1) to be used to carry individuals for a fare or to be
chartered on a for hire basis in the coastwise trade; or
(2) to carry individuals described in subsection (a) within
United States waters and between ports or places in the United
States for more than 45 calendar days in any calendar year.
(c) Revocation.--The Secretary of the department in which the Coast
Guard is operating shall revoke the authorization provided by subsection
(a) if the Secretary determines that the STAD AMSTERDAM has been
operated in violation of the limitations imposed by subsection (b).
SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.
(a) Authority To Designate Institute.--The Secretary of
Transportation may designate a National Maritime Enhancement Institute
for the Great Lakes region under section 8 of the Act of October 13,
1989 (103 Stat. 694; 46 U.S.C. App. 1121-2). In making any decision on
the designation of such an institute, the Secretary shall consider the
unique characteristics of Great Lakes maritime industry and trade.
(b) Study and Report.--
(1) In general.--The Secretary of Transportation shall
conduct a study that--
(A) evaluates short sea shipping market
opportunities on the Great Lakes, including the expanded
use of freight ferries, improved mobility, and regional
supply chain efficiency;
(B) evaluates markets for foreign trade between
ports on the Great Lakes and draft-limited ports in
Europe and Africa;
(C) evaluates the environmental benefits of
waterborne transportation in the Great Lakes region;
[[Page 118 STAT. 1053]]
(D) analyzes the effect on Great Lakes shipping of
the tax imposed by section 4461(a) of the Internal
Revenue Code of 1986;
(E) evaluates the state of shipbuilding and ship
repair bases on the Great Lakes;
(F) evaluates opportunities for passenger vessel
services on the Great Lakes;
(G) analyzes the origin-to-destination flow of
freight cargo in the Great Lakes region that may be
transported on vessels to relieve congestion in other
modes of transportation;
(H) evaluates the economic viability of establishing
transshipment facilities for oceangoing cargoes on the
Great Lakes;
(I) evaluates the adequacy of the infrastructure in
Great Lakes ports to meet the needs of marine commerce;
and
(J) evaluates new vessel designs for domestic and
international shipping on the Great Lakes.
(2) Use of national maritime enhancement institutes.--In
conducting the study required by paragraph (1), the Secretary
may utilize the services of any recognized National Maritime
Enhancement Institute.
(3) Reports.--The Secretary shall submit an annual report on
the findings and conclusions of the study under this section to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives--
(A) by not later than 1 year after the date of the
enactment of this Act; and
(B) by not later than 1 year after the date of
submission of the report under subparagraph (A).
(4) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary $1,500,000 for each of fiscal
years 2005 and 2006 to carry out paragraph (1).
SEC. 606. <<NOTE: Alaska.>> KOSS COVE.
(a) In General.--Notwithstanding any other provision of law or
existing policy, the cove described in subsection (b) shall be known and
designated as ``Koss Cove'', in honor of the late Able Bodied Seaman
Eric Steiner Koss of the National Oceanic and Atmospheric Administration
vessel RAINIER who died in the performance of a nautical charting
mission off the coast of Alaska.
(b) Cove Described.--The cove referred to in subsection (a) is--
(1) adjacent to and southeast of Point Elrington, Alaska,
and forms a portion of the southern coast of Elrington Island;
(2) \3/4\ mile across the mouth;
(3) centered at 59 degrees 56.1 minutes North, 148 degrees
14 minutes West; and
(4) 45 miles from Seward, Alaska.
(c) References.--Any reference in any law, regulation, 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.
[[Page 118 STAT. 1054]]
SEC. 607. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App.
U.S.C. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81, chapter
421; 46 App. U.S.C. 289), and section 12106 of title 46, United States
Code, the Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the following
vessels:
(1) OCEAN LEADER (United States official number 679511).
(2) REVELATION (United States official number 1137565).
(3) W. N. RAGLAND (Washington State registration number
WN5506NE).
(4) M/T MISS LINDA (United States official number 1140552).
SEC. 608. REQUIREMENTS FOR COASTWISE ENDORSEMENT.
(a) In General.--Section 12106 of title 46, United States Code, is
amended--
(1) by striking subsection (e)(1)(B) and inserting the
following:
``(B) the person that owns the vessel (or, if the vessel is
owned by a trust or similar arrangement, the beneficiary of the
trust or similar arrangement) meets the requirements of
subsection (f);''; and
(2) by adding at the end the following:
``(f) Ownership Certification Requirement.--
``(1) In general.--A person meets the requirements of this
subsection if that person transmits to the Secretary each year
the certification required by paragraph (2) or (3) with respect
to a vessel.
``(2) Investment certification.--To meet the certification
requirement of this paragraph, a person shall certify that it--
``(A) is a leasing company, bank, or financial
institution;
``(B) owns, or holds the beneficial interest in, the
vessel solely as a passive investment;
``(C) does not operate any vessel for hire and is
not an affiliate of any person who operates any vessel
for hire; and
``(D) is independent from, and not an affiliate of,
any charterer of the vessel or any other person who has
the right, directly or indirectly, to control or direct
the movement or use of the vessel.
``(3) Certain tank vessels.--
``(A) In general.--To meet the certification
requirement of this paragraph, a person shall certify
that--
``(i) the aggregate book value of the vessels
owned by such person and United States affiliates
of such person does not exceed 10 percent of the
aggregate book value of all assets owned by such
person and its United States affiliates;
``(ii) not more than 10 percent of the
aggregate revenues of such person and its United
States affiliates is derived from the ownership,
operation, or management of vessels;
``(iii) at least 70 percent of the aggregate
tonnage of all cargo carried by all vessels owned
by such person
[[Page 118 STAT. 1055]]
and its United States affiliates and documented
under this section is qualified proprietary cargo;
``(iv) any cargo other than qualified
proprietary cargo carried by all vessels owned by
such person and its United States affiliates and
documented under this section consists of oil,
petroleum products, petrochemicals, or liquified
natural gas;
``(v) no vessel owned by such person or any of
its United States affiliates and documented under
this section carries molten sulphur; and
``(vi) such person owned 1 or more vessels
documented under subsection (e) of this section as
of the date of enactment of the Coast Guard and
Maritime Transportation Act of 2004.
``(B) Application only to certain vessels.--A person
may make a certification under this paragraph only with
respect to--
``(i) a tank vessel having a tonnage of not
less than 6,000 gross tons, as measured under
section 14502 of this title (or an alternative
tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104
of this title); or
``(ii) a towing vessel associated with a non-
self-propelled tank vessel that meets the
requirements of clause (i), where the 2 vessels
function as a single self-propelled vessel.
``(4) Definitions.--In this subsection:
``(A) Affiliate.--The term `affiliate' means, with
respect to any person, any other person that is--
``(i) directly or indirectly controlled by,
under common control with, or controlling such
person; or
``(ii) named as being part of the same
consolidated group in any report or other document
submitted to the United States Securities and
Exchange Commission or the Internal Revenue
Service.
``(B) Cargo.--The term `cargo' does not include
cargo to which title is held for non-commercial reasons
and primarily for the purpose of evading the
requirements of paragraph (3).
``(C) Oil.--The term `oil' has the meaning given
that term in section 2101(20) of this title.
``(D) Passive investment.--The term `passive
investment' means an investment in which neither the
investor nor any affiliate of such investor is involved
in, or has the power to be involved in, the formulation,
determination, or direction of any activity or function
concerning the management, use, or operation of the
asset that is the subject of the investment.
``(E) Qualified proprietary cargo.--The term
`qualified proprietary cargo' means--
``(i) oil, petroleum products, petrochemicals,
or liquefied natural gas cargo that is
beneficially owned by the person who submits to
the Secretary an application or annual
certification under paragraph (3), or by an
affiliate of such person, immediately before,
during, or immediately after such cargo is carried
in coastwise trade on a vessel owned by such
person;
[[Page 118 STAT. 1056]]
``(ii) oil, petroleum products,
petrochemicals, or liquefied natural gas cargo not
beneficially owned by the person who submits to
the Secretary an application or an annual
certification under paragraph (3), or by an
affiliate of such person, but that is carried in
coastwise trade by a vessel owned by such person
and which is part of an arrangement in which
vessels owned by such person and at least one
other person are operated collectively as one
fleet, to the extent that an equal amount of oil,
petroleum products, petrochemicals, or liquefied
natural gas cargo beneficially owned by such
person, or an affiliate of such person, is carried
in coastwise trade on 1 or more other vessels, not
owned by such person, or an affiliate of such
person, if such other vessel or vessels are also
part of the same arrangement;
``(iii) in the case of a towing vessel
associated with a non-self-propelled tank vessel
where the 2 vessels function as a single self-
propelled vessel, oil, petroleum products,
petrochemicals, or liquefied natural gas cargo
that is beneficially owned by the person who owns
both such towing vessel and the non-self-propelled
tank vessel, or any United States affiliate of
such person, immediately before, during, or
immediately after such cargo is carried in
coastwise trade on either of the 2 vessels; or
``(iv) any oil, petroleum products,
petrochemicals, or liquefied natural gas cargo
carried on any vessel that is either a self-
propelled tank vessel having a length of at least
210 meters or a tank vessel that is a liquefied
natural gas carrier that--
``(I) was delivered by the builder
of such vessel to the owner of such
vessel after December 31, 1999; and
``(II) was purchased by a person for
the purpose, and with the reasonable
expectation, of transporting on such
vessel liquefied natural gas or
unrefined petroleum beneficially owned
by the owner of such vessel, or an
affiliate of such owner, from Alaska to
the continental United States.
``(F) United States affiliate.--The term `United
States affiliate' means, with respect to any person, an
affiliate the principal place of business of which is
located in the United States.''.
(b) Treatment <<NOTE: 46 USC 12106 note.>> of Owner of Certain
Vessels.--
(1) In general.--Notwithstanding any other provision of law,
a person shall be treated as a citizen of the United States
under section 12102(a) of title 46, United States Code, section
2 of the Shipping Act, 1916 (46 U.S.C. App. 802), and section 27
of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), for
purposes of issuance of a coastwise endorsement under section
12106(e) of title 46, United States Code (as that section was in
effect on the day before the date of enactment of this Act), for
a vessel owned by the person on the date of enactment of this
Act, or any replacement vessel of a similar size and function,
if the person--
[[Page 118 STAT. 1057]]
(A) owned a vessel before January 1, 2001, that had
a coastwise endorsement under section 12106(e) of title
46, United States Code; and
(B) as of the date of the enactment of this Act,
derives substantially all of its revenue from leasing
vessels engaged in the transportation or distribution of
petroleum products and other cargo in Alaska.
(2) Limitation on coastwise trade.--A vessel owned by a
person described in paragraph (1) for which a coastwise
endorsement is issued under section 12106(e) of title 46, United
States Code, may be employed in the coastwise trade only within
Alaska and in the coastwise trade to and from Alaska.
(3) Termination.--The application of this subsection to a
person described in paragraph (1) shall terminate if all of that
person's vessels described in paragraph (1) are sold to a person
eligible to document vessels under section 12106(a) of title 46,
United States Code.
(c) Application <<NOTE: 46 USC 12106 note.>> to Certain
Certificates.--
(1) In general.--The amendments made by this section, and
any regulations published after February 4, 2004, with respect
to coastwise endorsements, shall not apply to a certificate of
documentation, or renewal thereof, endorsed with a coastwise
endorsement for a vessel under section 12106(e) of title 46,
United States Code, or a replacement vessel of a similar size
and function, that was issued prior to the date of enactment of
this Act as long as the vessel is owned by the person named
therein, or by a subsidiary or affiliate of that person, and the
controlling interest in such owner has not been transferred to a
person that was not an affiliate of such owner as of the date of
enactment of this Act. Notwithstanding the preceding sentence,
however, the amendments made by this section shall apply,
beginning 3 years after the date of enactment of this Act, with
respect to offshore supply vessels (as defined in section
2101(19) of title 46, United States Code, as that section was in
effect on the date of enactment of this Act) with a certificate
of documentation endorsed with a coastwise endorsement as of the
date of enactment of this Act, and the Secretary of the
Department in which the Coast Guard is operating shall revoke
any such certificate if the vessel does not by then meet the
requirements of section 12106(e) of title 46, United States
Code, as amended by this section.
(2) Replacement Vessel.--For the purposes of this
subsection, ``replacement vessel'' means--
(A) a temporary replacement vessel for a period of
not to exceed 180 days if the vessel described in
paragraph (1) is unavailable due to an act of God or a
marine casualty; or
(B) a permanent replacement vessel if--
(i) the vessel described in paragraph (1) is
unavailable for more than 180 days due to an act
of God or a marine casualty; or
(ii) a contract to purchase or construct such
replacement vessel is executed not later than
December 31, 2004.
(d) Waiver.--The <<NOTE: 46 USC 12106 note.>> Secretary of
Transportation shall waive or reduce the qualified proprietary cargo
requirement of section
[[Page 118 STAT. 1058]]
12106(f)(3)(A)(iii) of title 46, United States Code, for a vessel if the
person that owns the vessel (or, if the vessel is owned by a trust or
similar arrangement, the beneficiary of the trust or similar
arrangement) notifies the Secretary that circumstances beyond the direct
control of such person or its affiliates prevent, or reasonably threaten
to prevent, such person from satisfying such requirement, and the
Secretary does not, with good cause, determine
otherwise. <<NOTE: Applicability.>> The waiver or reduction shall apply
during the period of time that such circumstances exist.
(e) Regulations.--No <<NOTE: Deadline. 46 USC 12106 note.>> later
than one year after the date of the enactment of this Act, the Secretary
of the department in which the Coast Guard is operating shall prescribe
final regulations to carry out this section, including amendments made
by this section to section 12106 of title 46, United States Code.
SEC. 609. CORRECTION OF REFERENCES TO NATIONAL DRIVER REGISTER.
Title 46, United States Code, is amended--
(1) in section 7302--
(A) by striking ``section 206(b)(7) of the National
Driver Register Act of 1982 (23 U.S.C. 401 note)'' and
inserting ``30305(b)(5) of title 49''; and
(B) by striking ``section 205(a)(3)(A) or (B) of
that Act'' and inserting ``30304(a)(3)(A) or (B) of
title 49'';
(2) in section 7702(d)(1)(B)(iii) by striking ``section
205(a)(3)(A) or (B) of the National Driver Register Act of
1982'' and inserting ``section 30304(a)(3)(A) or (B) of title
49''; and
(3) in section 7703(3) by striking ``section 205(a)(3)(A) or
(B) of the National Driver Register Act of 1982'' and inserting
``section 30304(a)(3)(A) or (B) of title 49''.
SEC. 610. <<NOTE: 33 USC 59kk.>> WATEREE RIVER.
For purposes of bridge administration, the portion of the Wateree
River in the State of South Carolina, from a point 100 feet upstream of
the railroad bridge located at approximately mile marker 10.0 to a point
100 feet downstream of such bridge, is declared to not be navigable
waters of the United States for purposes of the General Bridge Act of
1946 (33 U.S.C. 525 et seq.).
SEC. 611. <<NOTE: 46 USC 7302 note.>> MERCHANT MARINERS' DOCUMENTS PILOT
PROGRAM.
The Secretary of the department in which the Coast Guard is
operating may conduct a pilot program to demonstrate methods to improve
processes and procedures for issuing merchant mariners' documents.
SEC. 612. CONVEYANCE.
(a) Authority <<NOTE: Alaska.>> To Convey.--
(1) In general.--Notwithstanding any other provision of law,
the Secretary of the department in which the Coast Guard is
operating shall convey, by an appropriate means of conveyance,
all right, title, and interest of the United States in and to
Sentinel Island, Alaska, to the entity to which the Sentinel
Island Light Station is conveyed under section 308(b) of the
National Historic Preservation Act (16 U.S.C. 470w-7(b)).
(2) Identification of property.--The Secretary may identify,
describe, and determine the property to be conveyed under this
subsection.
[[Page 118 STAT. 1059]]
(3) Limitation.--The Secretary may not under this section
convey--
(A) any historical artifact, including any lens or
lantern, located on property conveyed under this section
at or before the time of the conveyance; or
(B) any interest in submerged land.
(b) General Terms and Conditions.--
(1) In general.--Any conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions required by
this section and other terms and conditions the
Secretary may consider appropriate, including the
reservation of easements and other rights on behalf of
the United States.
(2) Reversionary interest.--In addition to any term or
condition established under this section, any conveyance of
property under this section shall be subject to the condition
that all right, title, and interest in the property, at the
option of the Secretary shall revert to the United States and be
placed under the administrative control of the Secretary, if--
(A) the property, or any part of the property--
(i) ceases to be available and accessible to
the public, on a reasonable basis, for
educational, park, recreational, cultural,
historic preservation, or other similar purposes
specified for the property in the terms of
conveyance;
(ii) ceases to be maintained in a manner that
is consistent with its present or future use as a
site for Coast Guard aids to navigation or
compliance with this section; or
(iii) ceases to be maintained in a manner
consistent with the conditions in paragraph (4)
established by the Secretary pursuant to the
National Historic Preservation Act (16 U.S.C. 470
et seq.); or
(B) <<NOTE: Deadline. Notification.>> at least 30
days before that reversion, the Secretary provides
written notice to the owner that the property is needed
for national security purposes.
(3) Maintenance of navigation functions.--Any conveyance of
property under this section shall be made subject to the
conditions that the Secretary considers to be necessary to
assure that--
(A) the lights, antennas, and associated equipment
located on the property conveyed that are active aids to
navigation shall continue to be operated and maintained
by the United States for as long as they are needed for
this purpose;
(B) the owner of the property may not interfere or
allow interference in any manner with aids to navigation
without express written permission from the Commandant
of the Coast Guard;
(C) there is reserved to the United States the right
to relocate, replace, or add any aids to navigation or
make any changes to the property conveyed as may be
necessary for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of operating, maintaining, and inspecting aids
to navigation
[[Page 118 STAT. 1060]]
and for the purpose of enforcing compliance with this
subsection; and
(E) the United States shall have an easement of
access to and across the property for the purpose of
maintaining the aids to navigation in use on the
property.
(4) Maintenance of property.--
(A) In general.--Subject to subparagraph (B), the
owner of a property conveyed under this section shall
maintain the property in a proper, substantial, and
workmanlike manner, and in accordance with any
conditions established by the Secretary pursuant to the
National Historic Preservation Act (16 U.S.C. 470 et
seq.) and other applicable laws.
(B) Limitation.--The owner of a property conveyed
under this section is not required to maintain any
active aids to navigation on the property, except
private aids to navigation authorized under section 83
of title 14, United States Code.
(c) Definitions.--In this section, the following definitions apply:
(1) Aids to navigation.--The term ``aids to navigation''
means equipment used for navigation purposes, including a light,
antenna, radio, sound signal, electronic navigation equipment,
or other associated equipment that are operated or maintained by
the United States.
(2) Owner.--The term ``owner'' means, for property conveyed
under this section, the person to which property is conveyed
under subsection (a)(1), and any successor or assign of that
person.
SEC. 613. BRIDGE ADMINISTRATION.
Section 325(b) of the Department of Transportation and Related
Agencies Appropriations Act, 1983 (Pub. L. 97-369; 96 Stat. 1765) is
amended by striking ``provides at least thirty feet of vertical
clearance Columbia River datum and at least eighty feet of horizontal
clearance, as'' and inserting ``is so''.
SEC. 614. SENSE OF CONGRESS REGARDING CARBON MONOXIDE AND WATERCRAFT.
It is the sense of the Congress that the Coast Guard should
continue--
(1) to place a high priority on addressing the safety risks
posed to boaters by elevated levels of carbon monoxide that are
unique to watercraft; and
(2) to work with vessel and engine manufacturers, the
American Boat & Yacht Council, other Federal agencies, and the
entire boating community in order to determine the best ways to
adequately address this public safety issue and minimize the
number of tragic carbon monoxide-related boating deaths that
occur each year.
SEC. 615. MITIGATION OF PENALTY DUE TO AVOIDANCE OF A CERTAIN CONDITION.
(a) Treatment of Violation.--For purposes of any administrative
proceeding to consider mitigation of any civil penalty for a violation
described in subsection (b), such violation is deemed to have been
committed by reason of a safety concern.
[[Page 118 STAT. 1061]]
(b) Violation Described.--A violation referred to in subsection (a)
is any violation of the Act of June 19, 1886 (chapter 421; 46 App.
U.S.C. 289), occurring before April 1, 2003, and consisting of operation
of a passenger vessel in transporting passengers between the Port of New
Orleans and another port on the Gulf of Mexico at a time when the master
of the vessel determined that the vertical clearance on the Mississippi
River at Chalmette, Louisiana, was insufficient to allow the safe return
transport of passengers on that vessel to the Port of New Orleans.
(c) Related Penalty Amount.--Any civil penalty assessed for a
violation of that Act by a vessel described in subsection (b), that was
committed when that vessel was repositioning to the Port of New Orleans
in July 2003, shall be mitigated to an amount not to exceed $100 per
passenger.
SEC. 616. CERTAIN VESSELS TO BE TOUR VESSELS.
(a) Vessels <<NOTE: Alaska.>> Deemed Tour Vessels.--Notwithstanding
any other law, a passenger vessel that is not less than 100 gross tons
and not greater than 300 gross tons is deemed to be a tour vessel for
the purpose of permit allocation regulations under section 3(h) of
Public Law 91-383 (16 U.S.C. 1a-2(h)) and section 3 of the Act of August
25, 1916 (16 U.S.C. 3), with respect to vessel operations in Glacier Bay
National Park and Preserve, Alaska (in this section referred to as
``Glacier Bay''), if the Secretary of the department in which the Coast
Guard is operating determines that the vessel--
(1) has equipment installed that permits all graywater and
blackwater to be stored on board for at least 24 hours;
(2) has a draft of not greater than 15 feet;
(3) has propulsion equipment of not greater than 5,000
horsepower; and
(4) is documented under the laws of the United States.
(b) Reallocation of Permits.--
(1) Reallocation required.--Subject to paragraph (2), the
Secretary of the Interior, upon application by the operator of a
passenger vessel deemed to be a tour vessel under subsection
(a), shall reallocate to that vessel any available tour vessel
concession permit not used by another vessel, if at the time of
application that permit is not sought by a tour vessel of less
than 100 gross tons.
(2) Limitations.--No more than three passenger vessels that
are deemed to be a tour vessel under subsection (a) may hold a
tour vessel concession permit at any given time, and no more
than one such vessel may enter Glacier Bay on any particular
date.
(c) Compliance With Vessel Requirements.--
(1) Requirement to comply.--Except as otherwise provided in
this section, a vessel reallocated a tour vessel concession
permit under this section shall comply with all regulations and
requirements for Glacier Bay applicable to vessels of at least
100 gross tons.
(2) Revocation of permit.--The Secretary of the Interior may
revoke a tour vessel concession permit reallocated to a vessel
under this section if that vessel--
(A) discharges graywater or blackwater in Glacier
Bay; or
[[Page 118 STAT. 1062]]
(B) violates a vessel operating requirement for
Glacier Bay that applies to vessels that are at least
100 gross tons, including restrictions pertaining to
speed, route, and closed waters.
(d) Treatment of Entries Into Glacier Bay.--An entry into Glacier
Bay by a vessel reallocated a tour vessel concession permit under this
section shall count against the daily vessel quota and seasonal-use days
applicable to entries by tour vessels and shall not count against the
daily vessel quota or seasonal-use days of any other class of vessel.
SEC. 617. SENSE OF CONGRESS REGARDING TIMELY REVIEW AND ADJUSTMENT OF
GREAT LAKES PILOTAGE RATES.
It is the sense of the Congress that the Secretary of the department
in which the Coast Guard is operating should, on a timely basis, review
and adjust the rates payable under part 401 of title 46, Code of Federal
Regulations, for services performed by United States registered pilots
on the Great Lakes.
SEC. 618. WESTLAKE CHEMICAL BARGE DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App.
U.S.C. 883) and section 12106 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is operating may
issue a certificate of documentation with appropriate endorsement for
employment in the coastwise trade for each of the following vessels:
(1) Barge WCAO-101 (United States official number 506677).
(2) Barge WCAO-102 (United States official number 506851).
(3) Barge WCAO-103 (United States official number 506852).
(4) Barge WCAO-104 (United States official number 507172).
(5) Barge WCAO-105 (United States official number 507173).
(6) Barge WCAO-106 (United States official number 620514).
(7) Barge WCAO-107 (United States official number 620515).
(8) Barge WCAO-108 (United States official number 620516).
(9) Barge WCAO-3002 (United States official number 295147).
(10) Barge WCAO-3004 (United States official number 517396).
SEC. 619. <<NOTE: 8 USC 1701.>> CORRECTION TO DEFINITION.
Paragraph (4) of section 2 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173) is amended by striking
subparagraph (G) and inserting the following:
``(G) The Coast Guard.''.
SEC. 620. LORAN-C.
There are authorized to be appropriated to the Department of
Transportation, in addition to funds authorized for the Coast Guard for
operation of the LORAN-C system, for capital expenses related to LORAN-C
navigation infrastructure, $25,000,000 for
[[Page 118 STAT. 1063]]
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 Committee 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
comparisons 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 Deepwater 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. <<NOTE: 33 USC 1901 note.>> INTERIM AUTHORITY FOR DRY BULK
CARGO RESIDUE DISPOSAL.
(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 Enforcement Policy for Cargo
Residues on the Great Lakes (hereinafter
[[Page 118 STAT. 1064]]
in this section referred to as the ``Policy'') or revisions thereto, in
accordance with that policy, for the purpose of regulating incidental
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 <<NOTE: Deadline.>> Assessment.--No later than 90
days after the date of the enactment of this Act, the Secretary of the
department 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
Fahrenheit;
(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
operating 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;
[[Page 118 STAT. 1065]]
(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
regulations.
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 complies 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 considers
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 Government. 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
[[Page 118 STAT. 1066]]
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) <<NOTE: Deadline. Reports.>> 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 Infrastructure 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
conveyance. 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 Administrator, 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 accommodations 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
[[Page 118 STAT. 1067]]
(3) the Secretary determines that use of the unit under the
approval will not compromise safety.
(b) Application.--The approval by the Secretary under this section
shall apply for the 5-year period beginning on the date of the enactment
of this Act.
TITLE VII--AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990
SEC. 701. VESSEL RESPONSE PLANS FOR NONTANK VESSELS OVER 400 GROSS TONS.
(a) Nontank 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
(3) by adding at the end the following:
``(26) `nontank vessel' means a self-propelled vessel of 400
gross tons as measured under section 14302 of title 46, United
States Code, or greater, other than a tank vessel, that 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.''.
(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)--
(A) by inserting: ``(i)'' after ``(A)''; and
(B) by adding at the end the following:
``(ii) <<NOTE: President. Regulations.>> The President shall
also issue regulations which require an owner or operator of a
non-tank vessel to prepare and submit to the President a plan
for responding, to the maximum extent practicable, to a worst
case discharge, and to a substantial threat of such a discharge,
of oil.'';
(3) in paragraph (5)(B), in the matter preceding clause (i),
by inserting ``, nontank vessels,'' after ``vessels'';
(4) in paragraph (5)(B), by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively, 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 following:
``(v) in the case of a plan for a nontank vessel,
consider any applicable State-mandated response plan in
effect on the date of the enactment of the Coast Guard
and Maritime Transportation Act of 2004 and ensure
consistency to the extent practicable.'';
[[Page 118 STAT. 1068]]
(6) by inserting ``non-tank vessel,'' in paragraph (5)(E)
after ``vessel,'' each place it appears;
(7) in paragraph (5)(F)--
(A) by inserting ``non-tank vessel,'' after
``vessel,'';
(B) by striking ``vessel or'' and inserting
``vessel, non-tank vessel, or''.
(8) in paragraph (5)(G) by inserting ``nontank vessel,''
after ``vessel,'';
(9) in paragraph (5)(H) by inserting ``and nontank vessel''
after ``each tank vessel;
(10) 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 President shall require--'' and
inserting ``The President may require--'';
(11) in paragraph (6)(B) by inserting ``, and nontank
vessels carrying oil of any kind as fuel for main propulsion,''
after ``cargo''; and
(12) in paragraph (7) by inserting ``, nontank vessel,''
after ``vessel''.
(c) Implementation <<NOTE: Deadline. 33 USC 1321 note.>> Date.--No
later than one year after the date of enactment of this Act, 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) shall prepare and submit a vessel response plan for such
vessel.
(d) 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 following:
``(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 non-tank vessel, or a facility
described in subparagraph (C) that transfers noxious liquid
substances in bulk to or from a vessel to prepare and submit to
the Secretary a plan for responding, to the maximum extent
practicable, to a worst case discharge, and to a substantial
threat of such a discharge, of a noxious liquid substance that
is not designated as a hazardous substance or regulated as oil
in any other law or regulation. 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)).'';
(3) by striking ``subparagraph (B)'' in subparagraph (A) and
inserting ``subparagraph (C)'';
(4) by striking ``subparagraph (A)'' in subparagraph (C), as
redesignated, and inserting ``subparagraphs (A) and (B)''; and
(5) by striking ``subparagraph (D),'' in clause (i) of
subparagraph (F), as redesignated, and inserting ``subparagraph
(E),''.
SEC. 702. REQUIREMENTS FOR TANK LEVEL AND PRESSURE MONITORING DEVICES.
(a) Requirements.--Section 4110 of the Oil Pollution Act of 1990 (46
U.S.C. 3703 note) is amended--
[[Page 118 STAT. 1069]]
(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''; and
(2) in subsection (b)--
(A) by striking ``Not later than 1 year after the
date of the enactment of this Act, the Secretary 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 inserting
``any standards''.
(b) Study.--
(1) Study requirement.--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) of section 4110 of the Oil
Pollution Act of 1990 for effectively detecting the loss of oil
from oil cargo tanks. The study may include technologies,
monitoring procedures, and other methods.
(2) Input.--In conducting the study, the Secretary may seek
input from Federal agencies, industry, and other entities.
(3) Report.--The Secretary shall submit a report on the
findings and conclusions of the study to the Committee on
Commerce, Science, and Transportation of the Senate and
Committee on Transportation and Infrastructure of the House of
Representatives by not later than 180 days after the date of the
enactment of this Act.
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 offshore
facility, any person owning or operating such
facility;
``(iii) in the case of any abandoned offshore
facility, the person who owned or operated such
facility immediately prior to such abandonment;
``(iv) in the case of any facility, title or
control of which was conveyed due to bankruptcy,
foreclosure, tax delinquency, abandonment, or
similar means to a unit of State or local
government, any person who owned, operated, or
otherwise controlled activities at such facility
immediately beforehand;
``(v) notwithstanding subparagraph (B)(i), and
in the same manner and to the same extent, both
procedurally and substantively, as any
nongovernmental entity, including for purposes of
liability under section 1002, 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--
[[Page 118 STAT. 1070]]
``(I) seizure or otherwise in
connection with law enforcement
activity;
``(II) bankruptcy;
``(III) tax delinquency;
``(IV) abandonment; or
``(V) other circumstances in which
the government involuntarily acquires
title by virtue of its function as
sovereign;
``(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 facility if, while the borrower is
still in possession of the vessel or facility
encumbered by the security interest, the person--
``(I) exercises decision making
control over the environmental
compliance related to the vessel or
facility, such that the person has
undertaken responsibility for oil
handling or disposal practices related
to the vessel or facility; 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
responsibility--
``(aa) for the overall
management of the vessel or
facility encompassing day-to-day
decision making with respect to
environmental compliance; or
``(bb) over all or
substantially all of the
operational functions (as
distinguished from financial or
administrative functions) of the
vessel or facility other than
the function of environmental
compliance; and
``(B) does not include--
``(i) A unit of state or local government that
acquired ownership or control of a vessel or
facility involuntarily through--
``(I) seizure or otherwise in
connection with law enforcement
activity;
``(II) bankruptcy;
``(III) tax delinquency;
``(IV) abandonment; or
``(V) other circumstances in which
the government 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 ownership primarily to
protect the security interest of the person in the
vessel or facility; or
``(iii) a person that is a lender that did not
participate in management of a vessel or facility
prior to foreclosure, notwithstanding that the
person--
``(I) forecloses on the vessel or
facility; 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 removal action under
section 311(c) of the Federal Water
Pollution
[[Page 118 STAT. 1071]]
Control Act (33 U.S.C. 1321(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 otherwise
divest the person of the vessel or facility at the
earliest practicable, commercially reasonable
time, on commercially reasonable terms, taking
into account market conditions and legal and
regulatory requirements;''.
(b) Other Definitions.--Section 1001 of the Oil Pollution Act of
1990 (33 U.S.C. 2701) is amended by striking ``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
following:
``(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
capacity 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 interest 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 extension
of credit, or in a contract or security agreement
relating to the extension, a covenant, warranty,
or other term or condition that relates to
environmental compliance;
``(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 discharge or
substantial threat of a discharge of oil in
connection with the vessel or facility prior to,
during, or on the expiration of the term of the
extension of credit;
``(vii) providing financial or other advice 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 security
interest, exercising forbearance;
``(ix) exercising other remedies that may be
available under applicable law for the breach of a
term or condition of the extension 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 appointed under the National
Contingency Plan,
[[Page 118 STAT. 1072]]
if such actions do not rise to the level of
participating in management under subparagraph (A) of
this paragraph and paragraph (26)(A)(vi);
``(39) `extension of credit' has the meaning provided in
section 101(20)(G)(i) of the Comprehensive Environmental
Response, Compensation and Liability 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, Compensation 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, Compensation and Liability Act of 1980
(42 U.S.C. 9601(20)(G)(iii));
``(42) `lender' has the meaning provided in section
101(20)(G)(iv) of the Comprehensive Environmental 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 Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(v)); and
``(44) `security interest' has the meaning provided in
section 101(20)(G)(vi) of the Comprehensive Environmental
Response, Compensation and Liability 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 possession, unless--
``(A) the real property on which the facility
concerned is located was acquired by the responsible
party after the placement of the oil on, in, or at the
real property on which the facility concerned is
located;
``(B) one or more of the circumstances described 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 circumstances referred to
in paragraph (1)(B) are the following:
``(A) At the time the responsible party acquired 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 located 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
[[Page 118 STAT. 1073]]
``(iii) through the exercise of eminent domain
authority by purchase or condemnation.
``(C) The responsible party acquired the facility by
inheritance or bequest.
``(3) Additional requirements.--For purposes 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 section
1003(a)(3)(A) and (B);
``(B) has provided full cooperation, assistance, and
facility access to the persons that are authorized to
conduct removal actions, including the cooperation and
access necessary for the installation, integrity,
operation, and maintenance of any complete or partial
removal action;
``(C) is in compliance with any land use
restrictions 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 establish that the
responsible party had no reason to know of the matter
described in paragraph (2)(A), the responsible party
must demonstrate to a court that--
``(i) on or before the date on which the
responsible party acquired the real property on
which the facility is located, the responsible
party carried out all appropriate inquiries, as
provided in subparagraphs (B) and (D), into the
previous ownership and uses of the real property
on which the facility is located in accordance
with generally accepted good commercial and
customary standards and practices; and
``(ii) the responsible party took reasonable
steps to--
``(I) stop any continuing discharge;
``(II) prevent any substantial
threat of discharge; and
``(III) prevent or limit any human,
environmental, or natural resource
exposure to any previously discharged
oil.
``(B) Regulations <<NOTE: Deadline.>> establishing
standards and practices.--Not later than 2 years after
the date of the enactment of this paragraph, the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall by regulation
establish standards and practices for the purpose of
satisfying the requirement to carry out all appropriate
inquiries under subparagraph (A).
``(C) Criteria.--In promulgating regulations that
establish the standards and practices referred to in
subparagraph (B), the Secretary shall include in such
standards and practices provisions regarding 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 facility
and the real
[[Page 118 STAT. 1074]]
property on which the facility 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, such as
chain of title documents, aerial photographs,
building department records, and land use records,
to determine previous uses and occupancies of the
real property on which the facility is located
since the property was first developed.
``(iv) Searches for recorded environmental
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 or near 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 located,
and adjoining properties.
``(vii) Specialized knowledge or experience 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 facility
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 practices.--
``(i) Real property purchased before 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 shall take into
account--
``(I) any specialized knowledge or
experience on the part of the
responsible party;
``(II) the relationship of the
purchase price to the value of the
facility and the real property on which
the facility is located, if the oil was
not at the facility or on the real
property;
``(III) commonly known or reasonably
ascertainable information about the
facility and the real property on which
the facility is located;
``(IV) the obviousness of the
presence or likely presence of oil at
the facility and on the real property on
which the facility is located; and
``(V) the ability of the responsible
party to detect oil by appropriate
inspection.
[[Page 118 STAT. 1075]]
``(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 procedures 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 Assessment Process', shall
satisfy the requirements in subparagraph (A).
``(E) Site inspection and title search.--In the case
of real property for residential use or other similar
use purchased by a nongovernmental or noncommercial
entity, inspection 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 diminish the liability of any
previous owner or operator 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 facility 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.''.
SEC. 704. OIL SPILL RECOVERY INSTITUTE.
Section 5006 of the Oil Pollution Act of 1990 (33 U.S.C. 2736) is
amended--
(1) in the first subsection (c), as added by section
1102(b)(4) of Public Law 104-324 (110 Stat. 3965), by striking
``with the eleventh year following the date of enactment of the
Coast Guard Authorization Act of 1996,'' and inserting ``October
1, 2012''; and
(2) by redesignating the second subsection (c) as subsection
(d).
SEC. 705. ALTERNATIVES.
Section 4115(e)(3) of the Oil Pollution Act of 1990 (46 U.S.C. 3703a
note) is amended to read as follows:
``(3) <<NOTE: Deadline.>> No later than one year after the
date of enactment of the Coast Guard and Maritime Transportation
Act of 2004, the Secretary shall, taking into account the
recommendations contained in the report by the Marine Board of
the National Research Council entitled `Environmental
Performance of Tanker Design in Collision and Grounding' and
dated 2001, establish and publish an environmental equivalency
evaluation index (including the methodology to develop that
index) to assess overall outflow performance due to collisions
and
[[Page 118 STAT. 1076]]
groundings for double hull tank vessels and alternative hull
designs.''.
SEC. 706. AUTHORITY TO SETTLE.
Section 1015 of the Oil Pollution Act of 1990 (33 U.S.C. 2715) is
amended by adding at the end the following:
``(d) Authority To Settle.--The head of any department or agency
responsible for recovering amounts for which a person is liable under
this title may consider, compromise, and settle a claim for such
amounts, including such costs paid from the Fund, if the claim has not
been referred to the Attorney General. In any case in which the total
amount to be recovered may exceed $500,000 (excluding interest), a claim
may be compromised and settled under the preceding sentence only with
the prior written approval of the Attorney General.''.
SEC. 707. REPORT ON IMPLEMENTATION OF THE OIL POLLUTION ACT OF 1990.
No later than 180 days after the date of the enactment of this Act,
the Commandant of the Coast Guard shall provide a written report to the
Committee on Commerce, Science, and Transportation and the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
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, including a detailed accounting of
expenditures of funds from the Oil Spill Liability Trust Fund
for each of fiscal years 2000 through 2004 by all agencies that
receive such funds.
(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 oil or other hazardous
cargo, and of using additional aids to navigation, such as
RACONs.
(4) A summary of the extent to which the response 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 subsection
(d)(4) of that section.
(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 regulations,
guidelines, and other policies;
(B) a record of infractions of applicable
requirements 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 tanker 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 towing vessels.
[[Page 118 STAT. 1077]]
SEC. 708. LOANS FOR FISHERMEN AND AQUACULTURE PRODUCERS IMPACTED BY OIL
SPILLS.
(a) Interest; Partial Payment of Claims.--Section 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 <<NOTE: President.>> 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 section 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--
``(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 subsections (a) through
(e) of this section; and
``(C) shall be at a low interest rate, as determined
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 program
established under section 1013(f).''.
(c) Study.--Not <<NOTE: Deadline.>> later than 270 days after the
date of enactment of this Act, the Secretary of Commerce, in
consultation with the Administrator of the Environmental Protection
Agency, shall submit to the 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 responses carried out to protect the
interests of, fishermen and aquaculture producers; and
(2) any legislative or other recommendations to improve the
procedures and programs referred to in paragraph (1).
[[Page 118 STAT. 1078]]
TITLE VIII--MARITIME TRANSPORTATION SECURITY
SEC. 801. ENFORCEMENT.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 70118. Firearms, arrests, and seizure of property
``Subject to guidelines approved by the Secretary, members of the
Coast Guard may, in the performance of official duties--
``(1) carry a firearm; and
``(2) while at a facility--
``(A) make an arrest without warrant for any offense
against the United States committed in their presence;
and
``(B) seize property as otherwise provided by law.
``Sec. 70119. Enforcement by State and local officers
``(a) In General.--Any State or local government law enforcement
officer who has authority to enforce State criminal laws may make an
arrest for violation of a security zone regulation prescribed under
section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C.
191) or security or safety zone regulation under section 7(b) of the
Ports and Waterways Safety Act (33 U.S.C. 1226(b)) or a safety zone
regulation prescribed under section 10(d) of the Deepwater Port Act of
1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized by law to
prescribe such regulations, if--
``(1) such violation is a felony; and
``(2) the officer has reasonable grounds to believe that the
person to be arrested has committed or is committing such
violation.
``(b) Other Powers not Affected.--The provisions of this section are
in addition to any power conferred by law to such officers. This section
shall not be construed as a limitation of any power conferred by law to
such officers, or any other officer of the United States or any State.
This section does not grant to such officers any powers not authorized
by the law of the State in which those officers are employed.''.
(b) Clerical Amendment.--The chapter analysis at the beginning of
chapter 701 of title 46, United States Code, is amended by adding at the
end the following:
``70118. Enforcement.
``70119. Enforcement by State and local officers.''.
SEC. 802. IN REM LIABILITY FOR CIVIL PENALTIES AND COSTS.
(a) Amendments to Title 46, United States Code.--Chapter 701 of
title 46, United States Code, is amended--
(1) by redesignating section 70117 as 70119; and
(2) by inserting after section 70116 the following:
``Sec. 70117. In rem liability for civil penalties and certain costs
``(a) Civil Penalties.--Any vessel operated in violation of this
chapter or any regulations prescribed under this chapter shall be liable
in rem for any civil penalty assessed pursuant to section 70120 for such
violation, and may be proceeded against for such
[[Page 118 STAT. 1079]]
liability in the United States district court for any district in which
the vessel may be found.
``(b) Reimbursable Costs of Service Providers.--A vessel shall be
liable in rem for the reimbursable costs incurred by any service
provider related to implementation and enforcement of this chapter and
arising from a violation by the operator of the vessel of this chapter
or any regulations prescribed under this chapter, and may be proceeded
against for such liability in the United States district court for any
district in which such vessel may be found.
``(c) Definitions.--In this subsection--
``(1) the term `reimbursable costs' means costs incurred by
any service provider acting in conformity with a lawful order of
the Federal government or in conformity with the instructions of
the vessel operator; and
``(2) the term `service provider' means any port authority,
facility or terminal operator, shipping agent, Federal, State,
or local government agency, or other person to whom the
management of the vessel at the port of supply is entrusted,
for--
``(A) services rendered to or in relation to vessel
crew on board the vessel, or in transit to or from the
vessel, including accommodation, detention,
transportation, and medical expenses; and
``(B) required handling of cargo or other items on
board the vessel.
``Sec. 70118. Withholding of clearance
``(a) Refusal or Revocation of Clearance.--If any owner, agent,
master, officer, or person in charge of a vessel is liable for a penalty
under section 70119, or if reasonable cause exists to believe that the
owner, agent, master, officer, or person in charge may be subject to a
penalty under section 70120, the Secretary may, with respect to such
vessel, refuse or revoke any clearance required by section 4197 of the
Revised Statutes of the United States (46 U.S.C. App. 91).
``(b) Clearance Upon Filing of Bond or Other Surety.--The Secretary
may require the filing of a bond or other surety as a condition of
granting clearance refused or revoked under this subsection.''.
(b) Act of June 15, 1917.--Section 2 of title II of the Act of June
15, 1917 (chapter 30; 50 U.S.C. 192), is amended--
(1) in subsection (c) by striking ``Act'' each place it
appears and inserting ``title''; and
(2) by adding at the end the following:
``(d) In Rem Liability.--Any vessel that is used in violation of
this title, or of any regulation issued under this title, shall be
liable in rem for any civil penalty assessed pursuant to subsection (c)
and may be proceeded against in the United States district court for any
district in which such vessel may be found.
``(e) Withholding of Clearance.--
``(1) In general.--If any owner, agent, master, officer, or
person in charge of a vessel is liable for a penalty or fine
under subsection (c), or if reasonable cause exists to believe
that the owner, agent, master, officer, or person in charge may
be subject to a penalty or fine under this section, the
Secretary may, with respect to such vessel, refuse or revoke
[[Page 118 STAT. 1080]]
any clearance required by section 4197 of the Revised Statutes
of the United States (46 U.S.C. App. 91).
``(2) Clearance upon filing of bond or other surety.--The
Secretary may require the filing of a bond or other surety as a
condition of granting clearance refused or revoked under this
subsection.''.
(c) Clerical Amendment.--The chapter analysis at the beginning of
chapter 701 of title 46, United States Code, is amended by striking the
last item and inserting the following:
``70117. In rem liability for civil penalties and certain costs.
``70118. Enforcement by injunction or withholding of clearance.
``70119. Civil penalty.''.
SEC. 803. MARITIME INFORMATION.
(a) Maritime Intelligence.--Section 70113(a) of title 46, United
States Code, is amended by adding at the end the following: ``The system
may include a vessel risk profiling component that assigns incoming
vessels a terrorism risk rating.''.
(b) Vessel Tracking System.--Section 70115 of title 46, United
States Code, is amended in the first sentence by striking ``may'' and
inserting ``shall, consistent with international treaties, conventions,
and agreements to which the United States is a party,''.
(c) Maritime <<NOTE: Deadline. Reports.>> Information.--Within 90
days after the date of the enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall submit a report
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives containing a plan for the implementation of section
70113 of title 46, United States Code. The plan shall--
(1) identify Federal agencies with maritime information
relating to vessels, crew, passengers, cargo, and cargo
shippers, those agencies' maritime information collection and
analysis activities, and the resources devoted to those
activities;
(2) <<NOTE: Establishment.>> establish a lead agency within
the Department of Homeland Security to coordinate the efforts of
other Department agencies in the collection of maritime
information and to identify and avoid unwanted redundancy in
those efforts;
(3) identify redundancy in the collection and analysis of
maritime information by agencies within the department in which
the Coast Guard is operating;
(4) establish a timeline for coordinating the collection of
maritime information among agencies within the department in
which the Coast Guard is operating;
(5) include recommendations on co-locating agency personnel
in order to maximize expertise, minimize costs, and avoid
redundancy in both the collection and analysis of maritime
information;
(6) establish a timeline for the incorporation of
information on vessel movements derived through the
implementation of sections 70114 and 70115 of title 46, United
States Code, into the system for collecting and analyzing
maritime information;
(7) include recommendations on educating Federal officials
on the identification of security risks posed through commercial
maritime transportation operations;
(8) include an assessment of the availability and expertise
of private sector maritime information resources;
[[Page 118 STAT. 1081]]
(9) include recommendations on how private sector maritime
information resources could be utilized to analyze maritime
security risks;
(10) include recommendations on how to disseminate
information collected and analyzed through Federal maritime
security coordinators, including the manner and extent to which
State, local, and private security personnel should be utilized,
which should be developed after consideration by the Secretary
of the need for nondisclosure of sensitive security information;
and
(11) include recommendations on the need for and how the
department could help support a maritime information sharing and
analysis center for the purpose of collecting and disseminating
real-time or near real-time information to and from public and
private entities, along with recommendations on the appropriate
levels of funding to help disseminate maritime security
information to the private sector.
(d) Limitation on Establishment of Lead Agency.--The Secretary may
not establish a lead agency within the Department of Homeland Security
to coordinate the efforts of other Department agencies in the collection
of maritime information, until at least 90 days after the plan under
subsection (c) is submitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 804. MARITIME TRANSPORTATION SECURITY GRANTS.
(a) Grant Program.--Section 70107(a) of title 46, United States
Code, is amended to read as follows:
``(a) In General.--The Secretary shall establish a grant program for
making a fair and equitable allocation of funds to implement Area
Maritime Transportation Security Plans and facility security plans among
port authorities, facility operators, and State and local government
agencies required to provide port security services. Before awarding a
grant under the program, the Secretary shall provide for review and
comment by the appropriate Federal Maritime Security Coordinators and
the Maritime Administrator. In administering the grant program, the
Secretary shall take into account national economic and strategic
defense concerns.''.
(b) Secretary Administering.--Section 70107 of title 46, United
States Code, is amended--
(1) by striking ``Secretary of Transportation'' each place
it appears and inserting ``Secretary'';
(2) by striking ``Department of Transportation'' each place
it appears and inserting ``department in which the Coast Guard
is operating''.
(c) Effective <<NOTE: 46 USC 70107 note.>> Date.--Subsections (a)
and (b)--
(1) shall take effect October 1, 2004; and
(2) shall not affect any grant made before that date.
(d) Report on Design of Maritime Transportation Security Grant
Program.--Within 90 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
transmit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of House of Representatives on the design of the maritime
transportation security grant program established under section 70107(a)
of title 46, United
[[Page 118 STAT. 1082]]
States Code. In the report, the Secretary shall include recommendations
on--
(1) whether the grant program should be discretionary or
formula-based and the reasons for the recommendation;
(2) requirements for ensuring that Federal funds will not be
substituted for grantee funds;
(3) targeting requirements to ensure that funding is
directed in a manner that considers--
(A) national economic and strategic defense
concerns; and
(B) the fiscal capacity of the recipients to fund
facility security plan requirements without grant funds;
and
(4) matching requirements to ensure that Federal funds
provide an incentive to grantees for the investment of their own
funds in the improvements financed in part by Federal funds
provided under the program.
SEC. 805. <<NOTE: Deadline.>> SECURITY ASSESSMENT OF WATERS UNDER THE
JURISDICTION OF THE UNITED STATES.
Not later than one year after the date of the enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall--
(1) conduct a vulnerability assessment under section
70102(b) of title 46, United States Code, of the waters under
the jurisdiction of the United States that are adjacent to
nuclear facilities that may be damaged by a transportation
security incident as defined in section 70101 (6) of title 46,
United States Code;
(2) coordinate with the appropriate Federal agencies in
preparing the vulnerability assessment required under paragraph
(1); and
(3) submit the vulnerability assessments required under
paragraph (1) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 806. MEMBERSHIP OF AREA MARITIME SECURITY ADVISORY COMMITTEES.
Section 70112(b) of title 46, United States Code, is amended by
adding at the end to following:
``(5) The membership of an Area Maritime Security Advisory
Committee shall include representatives of the port industry,
terminal operators, port labor organizations, and other users of
the port areas.''.
SEC. 807. <<NOTE: Reports. Deadline.>> JOINT OPERATIONAL CENTERS FOR
PORT SECURITY.
The Commandant of the Coast Guard shall report to the Congress,
within 180 days after the date of the enactment of this Act, on the
implementation and use of joint operational centers for port security at
certain United States seaports. The report shall--
(1) <<NOTE: Virginia. South Carolina. California.>> compare
and contrast the composition and operational characteristics of
existing joint operational centers for port security, including
those in Norfolk, Virginia, Charleston, South Carolina, and San
Diego, California;
(2) examine the use of such centers to implement--
(A) the plans developed under section 70103 of title
46, United States Code;
[[Page 118 STAT. 1083]]
(B) maritime intelligence activities under section
70113 of title 46, United States Code;
(C) short and long range vessel tracking under
sections 70114 and 70115 of title 46, United States
Code; and
(D) secure transportation systems under section
70116 of title 46, United States Code; and
(3) estimate the number, location and costs of such centers
necessary to implement the activities authorized under sections
70103, 701113, 70114, 70115, and 70116 of title 46, United
States Code.
SEC. 808. INVESTIGATIONS.
(a) In General.--Section 70107 of title 46, United States Code, is
amended by striking subsection (i) and inserting the following:
``(i) Investigations.--
``(1) In general.--The Secretary shall conduct
investigations, fund pilot programs, and award grants, to
examine or develop--
``(A) methods or programs to increase the ability to
target for inspection vessels, cargo, crewmembers, or
passengers that will arrive or have arrived at any port
or place in the United States;
``(B) equipment to detect accurately explosives,
chemical, or biological agents that could be used in a
transportation security incident against the United
States;
``(C) equipment to detect accurately nuclear or
radiological materials, including scintillation-based
detection equipment capable of signalling the presence
of nuclear or radiological materials;
``(D) improved tags and seals designed for use on
shipping containers to track the transportation of the
merchandise in such containers, including sensors that
are able to track a container throughout its entire
supply chain, detect hazardous and radioactive materials
within that container, and transmit that information to
the appropriate law enforcement authorities;
``(E) tools, including the use of satellite tracking
systems, to increase the awareness of maritime areas and
to identify potential transportation security incidents
that could have an impact on facilities, vessels, and
infrastructure on or adjacent to navigable waterways,
including underwater access;
``(F) tools to mitigate the consequences of a
transportation security incident on, adjacent to, or
under navigable waters of the United States, including
sensor equipment, and other tools to help coordinate
effective response to a transportation security
incident;
``(G) applications to apply existing technologies
from other areas or industries to increase overall port
security;
``(H) improved container design, including blast-
resistant containers; and
``(I) methods to improve security and sustainability
of port facilities in the event of a maritime
transportation security incident, including specialized
inspection facilities.
``(2) Implementation of technology.--
``(A) In general.--In conjunction with ongoing
efforts to improve security at United States ports, the
Secretary
[[Page 118 STAT. 1084]]
may conduct pilot projects at United States ports to
test the effectiveness and applicability of new port
security projects, including--
``(i) testing of new detection and screening
technologies;
``(ii) projects to protect United States ports
and infrastructure on or adjacent to the navigable
waters of the United States, including underwater
access; and
``(iii) tools for responding to a
transportation security incident at United States
ports and infrastructure on or adjacent to the
navigable waters of the United States, including
underwater access.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$35,000,000 for each of fiscal years 2005 through 2009
to carry out this subsection.
``(3) National port security centers.--
``(A) In general.--The Secretary may make grants or
enter into cooperative agreements with eligible
nonprofit institutions of higher learning to conduct
investigations in collaboration with ports and the
maritime transportation industry focused on enhancing
security of the Nation's ports in accordance with this
subsection through National Port Security Centers.
``(B) Applications.--To be eligible to receive a
grant under this paragraph, a nonprofit institution of
higher learning, or a consortium of such institutions,
shall submit an application to the Secretary in such
form and containing such information as the Secretary
may require.
``(C) Competitive selection process.--The Secretary
shall select grant recipients under this paragraph
through a competitive process on the basis of the
following criteria:
``(i) Whether the applicant can demonstrate
that personnel, laboratory, and organizational
resources will be available to the applicant to
carry out the investigations authorized in this
paragraph.
``(ii) The applicant's capability to provide
leadership in making national and regional
contributions to the solution of immediate and
long-range port and maritime transportation
security and risk mitigation problems.
``(iii) Whether the applicant can demonstrate
that is has an established, nationally recognized
program in disciplines that contribute directly to
maritime transportation safety and education.
``(iv) Whether the applicant's investigations
will involve major United States ports on the East
Coast, the Gulf Coast, and the West Coast, and
Federal agencies and other entities with expertise
in port and maritime transportation.
``(v) Whether the applicant has a strategic
plan for carrying out the proposed investigations
under the grant.
``(4) Administrative provisions.--
``(A) No duplication of effort.--Before making any
grant, the Secretary shall coordinate with other Federal
[[Page 118 STAT. 1085]]
agencies to ensure the grant will not duplicate work
already being conducted with Federal funding.
``(B) Accounting.--
The <<NOTE: Regulations.>> Secretary shall by regulation
establish accounting, reporting, and review procedures
to ensure that funds made available under paragraph (1)
are used for the purpose for which they were made
available, that all expenditures are properly accounted
for, and that amounts not used for such purposes and
amounts not expended are recovered.
``(C) Recordkeeping.--Recipients of grants shall
keep all records related to expenditures and obligations
of funds provided under paragraph (1) and make them
available upon request to the Inspector General of the
department in which the Coast Guard is operating and the
Secretary for audit and examination.
``(5) Annual review and report.--The Inspector General of
the department in which the Coast Guard is operating shall
annually review the programs established under this subsection
to ensure that the expenditures and obligations of funds are
consistent with the purposes for which they are provided, and
report the findings to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.''.
SEC. 809. VESSEL AND INTERMODAL SECURITY REPORTS.
(a) In General.--Within 180 days after the date of the enactment of
this Act, the Secretary of the department in which the Coast Guard is
operating shall submit the reports and plan required under subsections
(b), (c), (e), (f), and (j) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(b) Report Regarding Security Inspection of Vessels and Vessel-Borne
Cargo Containers Entering the United States.--
(1) Requirement.--The Secretary shall prepare a report
regarding the numbers and types of vessels and vessel-borne
cargo containers that enter the United States in a year.
(2) Contents.--The report shall include the following:
(A) A section regarding security inspection of
vessels that includes the following:
(i) 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.
(ii) The cost incurred by the Federal
Government in inspecting such vessels in such 1-
year period, including specification and
comparison of such cost for each type of vessel.
(iii) An estimate of the per-vessel cost that
would be incurred by the Federal Government in
inspecting each type of vessel that enters the
United States each year, including costs for
personnel, vessels, equipment, and funds.
(iv) An estimate of the annual total cost that
would be incurred by the Federal Government in
inspecting all vessels that enter the United
States each year,
[[Page 118 STAT. 1086]]
including costs for personnel, vessels, equipment,
and funds.
(B) A section regarding security inspection of
containers that includes the following:
(i) 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.
(ii) The cost incurred by the Federal
Government in inspecting such containers in such
1-year period, including specification and
comparison of such cost for a 1 TEU container and
for a 2 TEU container, and the number of each
inspected.
(iii) An estimate of the per-container cost
that would be incurred by the Federal Government
in inspecting each type of vessel-borne container
that enters the United States each year, including
costs for personnel, vessels, and equipment.
(iv) An estimate of the annual total cost that
would be incurred by the Federal Government in
inspecting, and where allowed by international
agreement, inspecting in a foreign port, all
vessel-borne containers that enter the United
States each year, including costs for personnel,
vessels, and equipment.
(c) Plan for Implementing Secure Systems of Transportation.--The
Secretary shall prepare a plan for the implementation of section 70116
of title 46, United States Code. The plan shall--
(1) include a timeline for establishing standards and
procedures pursuant to section 70116(b) of title 46, United
States Code;
(2) provide a preliminary assessment of resources necessary
to evaluate and certify secure systems of transportation, and
the resources necessary to validate that the secure systems of
transportation are operating in compliance with the
certification requirements;
(3) contain an analysis of whether establishing a voluntary
user fee to fund the certification of private secure systems of
transportation, paid for by the person applying for
certification, would enhance cargo security;
(4) contain an analysis of the need for and feasibility of
establishing a system to inspect, monitor, and track intermodal
shipping containers within the United States; and
(5) contain an analysis of the need for and feasibility of
developing international standards for secure systems of
transportation, including recommendations, that includes an
examination of working with appropriate international
organizations to develop standards to enhance the physical
security of shipping containers consistent with section 70116 of
title 46, United States Code.
(d) Inspector General Implementation Report.--One year after the
date on which the plan under subsection (c) is submitted to the
Congress, the Inspector General of the department in which the Coast
Guard is operating shall transmit a report evaluating the progress made
by the department in implementing the plan to the Committee on Commerce,
Science, and Transportation of
[[Page 118 STAT. 1087]]
the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives.
(e) Report on Radiation Detectors.--The Secretary shall prepare a
report on progress in the installation of a system of radiation
detection at all major United States seaports, and a timeline and
expected completion date for the system. In the report, the Secretary
shall include a preliminary analysis of any issues related to the
installation or efficacy of the radiation detection equipment, as well
as a cost estimate for completing installation of the system.
(f) Report on Nonintrusive Inspection at Foreign Ports.--The
Secretary shall prepare a report--
(1) on whether and to what extent foreign seaports have been
willing to utilize nonintrusive screening equipment at their
ports to screen cargo, including the number of cargo containers
that have been screened at foreign seaports, and the ports where
they were screened;
(2) indicating which foreign ports may be willing to utilize
nonintrusive screening equipment for cargo exported for import
into the United States; and
(3) indicating ways to increase the effectiveness of the
United States Government's targeting and screening activities
outside the United States and to what extent additional
resources and program changes will be necessary to maximize
scrutiny of cargo in foreign seaports that is destined for the
United States.
(g) Evaluation <<NOTE: Deadlines. 46 USC 70101 note.>> of Cargo
Inspection Targeting System for International Intermodal Cargo
Containers.--Within 180 days after the date of the enactment of this Act
and annually thereafter, the Inspector General of the department in
which the Coast Guard is operating shall prepare a report that includes
an assessment of--
(1) the effectiveness of the current tracking system to
determine whether it is adequate to prevent international
intermodal containers from being used for purposes of terrorism;
(2) the sources of information, and the quality of the
information at the time of reporting, used by the system to
determine whether targeting information is collected from the
best and most credible sources and evaluate data sources to
determine information gaps and weaknesses;
(3) the targeting system for reporting and analyzing
inspection statistics, as well as testing effectiveness;
(4) the competence and training of employees operating the
system to determine whether they are sufficiently capable to
detect potential terrorist threats; and
(5) whether the system is an effective system to detect
potential acts of terrorism and whether additional steps need to
be taken in order to remedy deficiencies in targeting
international intermodal containers for inspection.
(h) Action Report.--If the Inspector General of the department in
which the Coast Guard is operating determines in any of the reports
prepared under subsection (g) that the targeting system is
insufficiently effective as a means of detecting potential acts of
terrorism utilizing international intermodal containers, then the
Secretary of the department in which the Coast Guard is operating
[[Page 118 STAT. 1088]]
shall, within 90 days, submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure House of Representatives on what
actions will be taken to correct deficiencies identified in the
Inspector General Report.
(i) Compliance <<NOTE: Deadlines.>> With Security Standards
Established Pursuant to Maritime Transportation Security Plans.--Within
180 days after the date of the enactment of this Act and annually
thereafter, the Secretary of the department in which the Coast Guard is
operating shall prepare a report on compliance and steps taken to ensure
compliance by ports, terminals, vessel operators, and shippers with
security standards established pursuant to section 70103 of title 46,
United States Code. The reports shall also include a summary of security
standards established pursuant to such section during the previous year.
The Secretary shall submit the reports to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(j) Empty <<NOTE: Reports.>> Containers.--The Secretary of the
department in which the Coast Guard is operating shall prepare a report
on the practice and policies in place at United States ports to secure
shipment of empty containers and trailers. The Secretary shall include
in the report recommendations with respect to whether additional Federal
actions are necessary to ensure the safe and secure delivery of cargo
and to prevent potential acts of terrorism involving such containers and
trailers.
(k) Report <<NOTE: 46 USC 70101 note.>> and Plan Formats.--The
Secretary and the Inspector General of the department in which the Coast
Guard is operating may submit any plan or report required by this
section in both classified and redacted formats, if the Secretary
determines that it is appropriate or necessary.
Approved August 9, 2004.
LEGISLATIVE HISTORY--H.R. 2443 (S. 733):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-233 (Comm. on Transportation and Infrasturcture)
and 108-617 (Comm. of Conference).
SENATE REPORTS: No. 108-202 accompanying S. 733 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 149 (2003):
Nov. 5, considered and passed House.
Vol. 150 (2004):
Mar. 30, considered and passed
Senate, amended.
July 21, House agreed to conference
report.
July 22, Senate agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Aug. 9, Presidential statement.
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