1625-0072 Stat new

PUBLIC LAW 108–293—AUG. 9, 2004

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 assetspecific basis.
SEC. 622. JUDICIAL REVIEW OF NATIONAL TRANSPORTATION SAFETY
BOARD FINAL ORDERS.

Section 1153 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(d) COMMANDANT SEEKING JUDICIAL REVIEW OF MARITIME
MATTERS.—If the Commandant of the Coast Guard decides that
an order of the Board issued pursuant to a review of a Coast
Guard action under section 1133 of this title will have an adverse
impact on maritime safety or security, the Commandant may obtain
judicial review of the order under subsection (a). The Commandant,
in the official capacity of the Commandant, shall be a party to
the judicial review proceedings.’’.
SEC. 623. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.

33 USC 1901
note.

(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

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118 STAT. 1064

Deadline.

PUBLIC LAW 108–293—AUG. 9, 2004

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 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;

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