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pdfPUBLIC LAW 108–293—AUG. 9, 2004
COAST GUARD AND MARITIME
TRANSPORTATION ACT OF 2004
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118 STAT. 1028
PUBLIC LAW 108–293—AUG. 9, 2004
Public Law 108–293
108th Congress
An Act
Aug. 9, 2004
[H.R. 2443]
Coast Guard and
Maritime
Transportation
Act of 2004.
14 USC 1 note.
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as the ‘‘Coast Guard and Maritime
Transportation Act of 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.
Sec.
Sec.
Sec.
Sec.
Sec.
201.
202.
203.
204.
205.
206.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
207.
208.
209.
210.
211.
212.
213.
214.
215.
216.
217.
218.
219.
220.
221.
222.
223.
224.
225.
226.
Long-term leases.
Nonappropriated fund instrumentalities.
Term of enlistments.
Enlisted member critical skill training bonus.
Indemnity for disabling vessels liable to seizure or examination.
Administrative, collection, and enforcement costs for certain fees and
charges.
Expansion of Coast Guard housing authorities.
Requirement for constructive credit.
Maximum ages for retention in an active status.
Travel card management.
Coast Guard fellows and detailees.
Long-term lease of special use real property.
National Coast Guard Museum.
Limitation on number of commissioned officers.
Redistricting notification requirement.
Report on shock mitigation standards.
Recommendations to Congress by Commandant of the Coast Guard.
Coast Guard education loan repayment program.
Contingent expenses.
Reserve admirals.
Confidential investigative expenses.
Innovative construction alternatives.
Delegation of port security authority.
Fisheries enforcement plans and reporting.
Use of Coast Guard and military child development centers.
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.
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PUBLIC LAW 108–293—AUG. 9, 2004
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
601.
602.
603.
604.
605.
606.
607.
608.
609.
610.
611.
612.
613.
614.
615.
616.
617.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
618.
619.
620.
621.
622.
623.
624.
625.
626.
627.
628.
629.
TITLE
Sec. 701.
Sec. 702.
Sec. 703.
Sec. 704.
Sec. 705.
Sec. 706.
Sec. 707.
Sec. 708.
TITLE VI—MISCELLANEOUS
Increase in civil penalties for violations of certain bridge statutes.
Conveyance of decommissioned Coast Guard cutters.
Tonnage measurement.
Operation of vessel STAD AMSTERDAM.
Great Lakes National Maritime Enhancement Institute.
Koss Cove.
Miscellaneous certificates of documentation.
Requirements for coastwise endorsement.
Correction of references to National Driver Register.
Wateree River.
Merchant mariners’ documents pilot program.
Conveyance.
Bridge administration.
Sense of Congress regarding carbon monoxide and watercraft.
Mitigation of penalty due to avoidance of a certain condition.
Certain vessels to be tour vessels.
Sense of Congress regarding timely review and adjustment of Great
Lakes pilotage rates.
Westlake chemical barge documentation.
Correction to definition.
LORAN-C.
Deepwater report.
Judicial review of National Transportation Safety Board final orders.
Interim authority for dry bulk cargo residue disposal.
Small passenger vessel report.
Conveyance of motor lifeboat.
Study on routing measures.
Conveyance of light stations.
Waiver.
Approval of modular accommodation units for living quarters.
VII—AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990
Vessel response plans for nontank vessels over 400 gross tons.
Requirements for tank level and pressure monitoring devices.
Liability and cost recovery.
Oil Spill Recovery Institute.
Alternatives.
Authority to settle.
Report on implementation of the Oil Pollution Act of 1990.
Loans for fishermen and aquaculture producers impacted by oil spills.
TITLE VIII—MARITIME TRANSPORTATION SECURITY
Sec. 801. Enforcement.
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118 STAT. 1030
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
PUBLIC LAW 108–293—AUG. 9, 2004
802.
803.
804.
805.
806.
807.
808.
809.
In rem liability for civil penalties and costs.
Maritime information.
Maritime transportation security grants.
Security assessment of waters under the jurisdiction of the United States.
Membership of Area Maritime Security Advisory Committees.
Joint operational centers for port security.
Investigations.
Vessel and intermodal security reports.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Massachusetts.
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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) $2,500,000, to remain available until expended,
which may be utilized for construction of a new Chelsea
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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
TRAINING.
LEVELS
OF
MILITARY
STRENGTH
AND
(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:
‘‘§ 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
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PUBLIC LAW 108–293—AUG. 9, 2004
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:
‘‘§ 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.’’.
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(b) EXTENSION TO MILITARY AIRCRAFT OF COAST GUARD INTERAUTHORITY.—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 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:
DICTION
14 USC 637 note.
‘‘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:
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‘‘(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’’;
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(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:
‘‘§ 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:
‘‘§ 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.
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‘‘(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:
‘‘§ 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.
Deadline.
Reports.
The 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) 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:
‘‘§ 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:
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‘‘(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:
‘‘§ 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) 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:
Certification.
‘‘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
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(2) in subsection (b), by striking ‘‘commander 12.0; lieutenant commander 18.0’’ and inserting ‘‘commander 15.0; lieutenant commander 22.0’’.
14 USC 93 note.
SEC. 215. 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:
‘‘§ 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.).
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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 331⁄3 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) 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:
Regulations.
‘‘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:
‘‘§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
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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’’.
14 USC 93 note.
SEC. 222. 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.’’.
16 USC 1861b.
SEC. 224. 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 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.
Notification.
14 USC 515 note.
SEC. 225. 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
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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:
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‘‘(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.
33 USC 2071.
(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 (33 U.S.C. 2001) is amended to
read as follows:
‘‘SEC. 3. INLAND NAVIGATION RULES.
33 USC 2001
note.
‘‘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 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’’.
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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.
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‘‘(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:
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‘‘(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 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.
Reports.
46 USC 8904
note.
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:
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 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).’’.
Deadline.
SEC. 411. PREVENTION OF DEPARTURE.
(a) IN GENERAL.—Section 3505 of title 46, United States Code,
is amended to read as follows:
‘‘§ 3505. Prevention of departure
‘‘Notwithstanding section 3303 of this title, a foreign vessel
carrying a citizen of the United States as a passenger or embarking
passengers from a United States port may not depart from a United
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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.
46 USC 3316
note.
(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 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:
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‘‘§ 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
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‘‘(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.
Federal Register,
publication.
Deadlines.
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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, 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 qualifiedvessels, 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 coastwisequalified 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’).’’.
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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) 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’’.
110 Stat. 3918.
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
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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.
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(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).
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(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
INSTITUTE.
NATIONAL
MARITIME
ENHANCEMENT
(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;
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(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.
OF
NATIONAL
MARITIME
ENHANCEMENT
(2)
USE
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. KOSS COVE.
Alaska.
(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.
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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
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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-selfpropelled 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;
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‘‘(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 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—
46 USC 12106
note.
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(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 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 Secretary of Transportation shall waive or
reduce the qualified proprietary cargo requirement of section
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note.
46 USC 12106
note.
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Applicability.
Deadline.
46 USC 12106
note.
PUBLIC LAW 108–293—AUG. 9, 2004
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. The waiver or reduction shall apply during
the period of time that such circumstances exist.
(e) REGULATIONS.—No 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’’.
33 USC 59kk.
SEC. 610. 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.).
46 USC 7302
note.
SEC. 611. 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 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.
Alaska.
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(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) 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
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Notification.
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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.
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(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 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
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(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).
8 USC 1701.
SEC. 619. 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
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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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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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(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
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vessel routing measures for reducing vessel strikes of North
Atlantic Right Whales, as described in the notice published
at pages 30857 through 30861 of volume 69 of the Federal
Register; and
(2) within 18 months after the date of the enactment of
this Act, shall provide a final report of its analysis to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Deadline.
Reports.
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
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(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) 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.’’;
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PUBLIC LAW 108–293—AUG. 9, 2004
(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, nontank 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 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—
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(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—
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‘‘(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
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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,
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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
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‘‘(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 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
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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.
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‘‘(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) 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
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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.
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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 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 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).
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Deadline.
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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:
‘‘§ 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.
‘‘§ 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:
‘‘§ 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
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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.
‘‘§ 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
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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.
Deadline.
Reports.
Establishment.
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(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 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) 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;
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(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 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
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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.
Deadline.
SEC. 805. 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.’’.
Reports.
Deadline.
SEC. 807. JOINT OPERATIONAL CENTERS FOR PORT SECURITY.
Virginia.
South Carolina.
California.
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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) 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;
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(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
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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
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agencies to ensure the grant will not duplicate work already
being conducted with Federal funding.
‘‘(B) ACCOUNTING.—The 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.’’.
Regulations.
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,
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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
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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 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
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Deadlines.
46 USC 70101
note.
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Deadlines.
Reports.
46 USC 70101
note.
PUBLIC LAW 108–293—AUG. 9, 2004
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 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 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 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 Infrastructure)
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.
Æ
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| File Type | application/pdf |
| File Title | E:\PUBLAW\PUBL293.108 |
| File Modified | 2012-03-20 |
| File Created | 2004-08-30 |