[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Enrolled Bill (ENR)]
H.R.2443
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
An Act to authorize appropriations for the Coast Guard for fiscal year
2005, to amend various laws administered by the Coast Guard, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be referred to as the ``Coast Guard and Maritime
Transportation Act of 2004''.

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The table of contents for this Act is as follows:

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TITLE II

-COAST GUARD MANAGEMENT

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TITLE IV

-SHIPPING

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TITLE V

-FEDERAL MARITIME COMMISSION

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TITLE VI

-MISCELLANEOUS

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TITLE VII

-AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990

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TITLE VIII

-MARITIME TRANSPORTATION SECURITY

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 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.

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TITLE I

-AUTHORIZATION

(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.

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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.''.

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(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 152. Nonappropriated fund instrumentalities: contracts with
other agencies and instrumentalities to provide or obtain
goods and services
``The Coast Guard Exchange System, or a morale, welfare, and
recreation system of the Coast Guard, may enter into a contract 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.''.

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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.''.

50e4a504601aba9d7b2fcfddd4b46115cfe8cadc3e0e131cfb1f055e0096c8a6

(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 373 the following:
``Sec. 374. Critical skill training bonus
``(a) The Secretary may provide a bonus, not to exceed $20,000, to
an enlisted member who completes training in a skill designated as
critical, if at least four years of obligated active service remain on
the member's enlistment at the time the training is completed. A bonus
under this section may be paid in a single lump sum or in periodic
installments.
``(b) If an enlisted member voluntarily or because of misconduct
does not complete the member's term of obligated active service, the
Secretary may require the member to repay the United States, on a pro
rata basis, all sums paid under this section. The Secretary may charge
interest on the amount repaid at a rate, to be determined quarterly,
equal to 150 percent of the average of the yields on the 91-day
Treasury bills auctioned during the calendar quarter preceding the date
on which the amount to be repaid is determined.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of title 14, United States Code, is amended by inserting the
following after the item relating to section 373:
``374. Critical skill training bonus.''.

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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.''.
(b) Extension to Military Aircraft of Coast Guard Interdiction
Authority.--Subsection (c) of such section is amended--
(1) in paragraph (1) by inserting ``or'' after the semicolon;
and
(2) in paragraph (2) by--
(A) inserting ``or military aircraft'' after ``surface
naval vessel''; and
(B) striking ``; or'' and all that follows through
paragraph (3) and inserting a period.
(c) Repeal of Termination of Applicability to Naval Aircraft.--
Subsection (d) of such section is repealed.
(d) Report.--The Commandant of the Coast Guard shall transmit a
report annually to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives describing the location,
vessels or aircraft, circumstances, and consequences of each incident
in the 12-month period covered by the report in which the person in
command or in charge of an authorized vessel or an authorized aircraft
(as those terms are used in section 637 of title 14, United States
Code) fired at or into a vessel without prior use of the warning signal
as authorized by that section.
(e) Technical Correction.--
(1) Correction.--Section 637 of title 14, United States Code,
is amended in the section heading by striking ``immunity'' and
inserting ``indemnity''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 17 of title 14, United States Code, is amended by
striking the item relating to section 637 and inserting the
following:
``637. Stopping vessels; indemnity for firing at or into vessel.''.

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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:
``(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.''.

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(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'';
(2) in paragraph (1) by striking ``a demonstration project''
and inserting ``demonstration projects'';
(3) in paragraph (1) by striking ``Kodiak, Alaska;'' and
inserting ``Kodiak, Alaska, or any other Coast Guard installation
in Alaska;'';
(4) in paragraph (2) by striking ``the demonstration project''
and inserting ``such a demonstration project''; and
(5) in paragraph (4) by striking ``the demonstration project''
and inserting ``such demonstration projects''.
(e) Differential Lease Payments.--Chapter 18 of title 14, United
States Code, is amended by inserting after section 687 the following:
``Sec. 687a. Differential lease payments
``Pursuant to an agreement entered into by the Secretary and a
lessor of military family housing or military unaccompanied housing to
members of the armed forces, the Secretary may pay the lessor an
amount, in addition to the rental payments for the housing made by the
members, as the Secretary determines appropriate to encourage the
lessor to make the housing available to members of the armed forces as
military family housing or as military unaccompanied housing.''.
(f) Clerical Amendment.--The table of sections at the beginning of
chapter 18 of title 14, United States Code, is amended--
(1) by striking the item related to section 682 and inserting
the following:
``682. Direct loans and loan guarantees.'';
(2) in the item related to section 684 by striking
``nongovernmental'' and inserting ``eligible''; and
(3) by inserting after the item related to section 687 the
following:
``687a. Differential lease payments.''.

7fca66e5d09870d40a95dc0df3f3fad58094bcd0783246c6a85add4885d74f9c

Section 727 of title 14, United States Code, is amended in the
second sentence by striking ``three years'' and inserting ``one year''.

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Section 742 of title 14, United States Code, is amended to read as
follows:
``Sec. 742. Maximum ages for retention in an active status
``(a) A Reserve officer, if qualified, shall be transferred to the
Retired Reserve on the day the officer becomes 60 years of age unless
on active duty. If not qualified for retirement, a Reserve officer
shall be discharged effective upon the day the officer becomes 60 years
of age unless on active duty.
``(b) A Reserve officer on active duty shall, if qualified, be
retired effective upon the day the officer become 62 years of age. If
not qualified for retirement, a Reserve officer on active duty shall be
discharged effective upon the day the officer becomes 62 years of age.
``(c) Notwithstanding subsection (a)and (b), the Secretary may
authorize the retention of a Reserve rear admiral or rear admiral
(lower half) in an active status not longer than the day on which the
officer concerned becomes 64 years of age.
``(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.''.

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(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 517. Travel card management
``(a) In General.--The Secretary may require that travel or
transportation allowances due a civilian employee or military member of
the Coast Guard be disbursed directly to the issuer of a Federal
contractor-issued travel charge card, but only in an amount not to
exceed the authorized travel expenses charged by that Coast Guard
member to that travel charge card issued to that employee or member.
``(b) Withholding of Nondisputed Obligations.--The Secretary may
also establish requirements similar to those established by the
Secretary of Defense pursuant to section 2784a of title 10 for
deduction or withholding of pay or retired pay from a Coast Guard
employee, member, or retired member who is delinquent in payment under
the terms of the contract under which the card was issued and does not
dispute the amount of the delinquency.''.
(b) Conforming Amendment.--The chapter analysis for chapter 13 of
title 14, United States Code, is amended by inserting after the item
relating to section 516 the following:
``517. Travel card management.''.

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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.

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(a) In General.--Section 672 of title 14, United States Code, is
amended by--
(1) striking the heading and inserting the following:
``Sec. 672. Long-term lease of special purpose facilities'';
(2) in subsection (a), inserting ``special purpose facilities,
including,'' after ``automatic renewal clauses, for'' ; and
(3) striking ``(b) The'' and inserting:
``(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.''.

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(a) In General.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 98. National Coast Guard Museum
``(a) Establishment.--The Commandant may establish a National Coast
Guard Museum, on lands which will be federally owned and administered
by the Coast Guard, and are located in New London, Connecticut, at, or
in close proximity to, the Coast Guard Academy.
``(b) Limitation on Expenditures.--(1) Except as provided in
paragraph (2), the Secretary shall not expend any appropriated Federal
funds for the engineering, design, or construction of any museum
established under this section.
``(2) The Secretary shall fund the operation and maintenance of the
National Coast Guard Museum with nonappropriated and non-Federal funds
to the maximum extent practicable. The priority use of Federal
operation and maintenance funds should be to preserve and protect
historic Coast Guard artifacts.
``(c) Funding Plan.--Before the date on which the Commandant
establishes a museum under subsection (a), the Commandant shall provide
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a plan for constructing, operating, and maintaining
such a museum, including--
``(1) estimated planning, engineering, design, construction,
operation, and maintenance costs;
``(2) the extent to which appropriated, nonappropriated, and
non-Federal funds will be used for such purposes, including the
extent to which there is any shortfall in funding for engineering,
design, or construction; and
``(3) a certification by the Inspector General of the
department in which the Coast Guard is operating that the estimates
provided pursuant to paragraphs (1) and (2) are reasonable and
realistic.
``(d) Authority.--The Commandant may not establish a Coast Guard
museum except as set forth in this section.''.
(b) Clerical Amendment.--The chapter analysis at the beginning of
chapter 5 of title 14, United States Code, is amended by adding at the
end the following:
``98. National Coast Guard Museum.''.

9431f0c70c960f9f8af01222ae56e797fd2a6b6bb89b8fae598b20455d41cded

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
(2) in subsection (b), by striking ``commander 12.0; lieutenant
commander 18.0'' and inserting ``commander 15.0; lieutenant
commander 22.0''.

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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.

882801761452b0875fa369cfa58a64d95f0c48e1d9cb4b25399cdddb270f58f3

(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.

79b20513f5260c642c32abf791f9fefc5e136894368730fa30d6a0a6622e096d

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.''.

efcbb0cbc1a498bb9ca6de49fcb5991a2eeed91b2d9494b95b2e4762666a82a1

(a) Program Authorized.--Chapter 13 of title 14, United States
Code, is amended by inserting after section 471 the following:
``Sec. 472. Education loan repayment program
``(a)(1) Subject to the provisions of this section, the Secretary
may repay--
``(A) any loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.);
``(B) any loan made under part D of such title (the William D.
Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); or
``(C) any loan made under part E of such title (20 U.S.C.
1087aa et seq.).
Repayment of any such loan shall be made on the basis of each complete
year of service performed by the borrower.
``(2) The Secretary may repay loans described in paragraph (1) in
the case of any person for service performed on active duty as an
enlisted member of the Coast Guard in a specialty specified by the
Secretary.
``(b) The portion or amount of a loan that may be repaid under
subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for
each year of service.
``(c) If a portion of a loan is repaid under this section for any
year, interest on the remainder of such loan shall accrue and be paid
in the same manner as is otherwise required.
``(d) Nothing in this section shall be construed to authorize
refunding any repayment of a loan.
``(e) The Secretary shall, by regulation, prescribe a schedule for
the allocation of funds made available to carry out this section during
any year for which funds are not sufficient to pay the sum of the
amounts eligible for repayment under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 14, United States Code, is amended by inserting
after the item relating to section 471 the following:
``472. Education loan repayment program.''.

e14b4ff7b60b41bb2bd3f02d0eca427a865656edd014f832ec425f6970ccc2b3

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.

03f15026c46539b38b5ec625be4673d3028987b721a120314ee3b1bf5b4097bc

(a) Precedence.--Section 725 of title 14, United States Code, is
amended by adding at the end the following:
``(d) Notwithstanding any other law, a Reserve officer shall not
lose precedence by reason of promotion to the grade of rear admiral or
rear admiral (lower half), if the promotion is determined in accordance
with a running mate system.
``(e) The Secretary shall adjust the date of rank of a Reserve
officer so that no changes of precedence occur.''.
(b) Promotion.--Section 736(b) of title 14, United States Code, is
amend to read as follows:
``(b) Notwithstanding any other provision of law and subject to
subsection (c), if promotion of an inactive duty promotion list officer
to the grade of rear admiral or rear admiral (lower half) is determined
in accordance with a running mate system, a reserve officer, if
acceptable to the President and the Senate, shall be promoted to the
next higher grade no later than the date the officer's running mate is
promoted.''.
(c) Date of Appointment.--Section 736(c) of title 14, United States
Code, is amend by striking ``of subsection (a)''.
(d) Maximum Service.--Section 743 of title 14, United States Code,
is amended to read as follows:
``Sec. 743. Rear admiral and rear admiral (lower half); maximum service
in grade
``(a) Unless retained in or removed from an active status under any
other law, a reserve rear admiral or rear admiral (lower half) shall be
retired on July 1 of the promotion year immediately following the
promotion year in which that officer completes 4 years 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).''.

63084f7cba6130c6f9da5ec22f0693047aa0bb237aa7cfdbc3f0ac9cba69755c

Section 658 of title 14, United States Code, is amended by striking
``$15,000 per annum'' and inserting ``$45,000 each fiscal year''.

c04386ba0188f8a04245540849ebf02cf83cc0c735a230cd6319ade409f900e7

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.

e5b1ac07b0025df15aaa68e23ebcd537b43fc5cdd89b696f33c7a09edfd8a481

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.''.

21ddb381400dea3b31485df040b6be5478a9f8dd1b3138ed89d9084df8aeddb9

(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.

5846e3313dbd15662d48ccf54b27b61161c6dd1e1268ec18cddec01fcdbe2a4e

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 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.

974b5f36899bcf159f765755c061e7686e508cafb5a831171c4de3a81c23c9bd

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.''.

31cb0dc22c2e42e6b9b4b6aecaed44cf1b9055fd76539e78009f4c42d002050b

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.''.

b69dc923f2c811f52decfc50e29214b3ca78ee3b9f4e6a0354a1169abc07dc22

TITLE III

-NAVIGATION

Section 4(a) of the Ports and Waterways Safety Act of 1972 (33
U.S.C. 1223(a)) is amended by--
(1)(A) striking ``and'' after the semicolon at the end of
paragraph (4);
(B) striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) adding at the end the following:
``(6) may prohibit the use on 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.''.

33f728fca9da532f3d7615879fdae69ff0c16b6891c575385192a0aa0613bfab

(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.
``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.

59b13ac941284994012a127c68ab3ae0417df5f3bce417088fe1d9b7018343fc

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''.

2e5a260717614f5220f9372621215c925646086f08d174ed084301eb268ee608

Section 12120 of title 46, United States Code, is amended by
striking ``owners and masters'' and inserting ``owners, masters, and
charterers''.

644932d2ea736caaeabba188c1fb169b07c9609a9b7b6861c4f47399379e2bb7

IN SUSPENSION AND REVOCATION CASES.
Section 7704(b) of title 46, United States Code, is amended by
inserting ``suspended or'' after ``shall be''.

ad7ed481f4ede6b66deaeac975bb5d3a6a5255314dcc72452ddd461bd2ab28c3

Section 7319 of title 46, United States Code, is amended by
striking the second sentence.

cce1ac83ddf416b8e2a6ae63250e3d6e9ac7bf48af5c0d9f95ea7802e0e4cb86

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,''.

12f28576ab6a2bc3bc8af51f4476c2dee80b0f9ff333b43545ddaf6418b968df

(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.''.

efa46e63ec4b2a40297793b92ec815c99a552ee85229752c58acfc86b3f18523

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.
``(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).''.

07f015396694e5bdd126ab6dc2b5c27579fd820ae81ba349dff336725ba249c4

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.''.

9978c00bb225412114ec91a526e4579ee4ff7e2ee039e8966275a32c127a9057

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.''.

4a90ede3bf852d2bd0f1b7c6ad034c8a9aca7b53b8d1921b291ab1c5729afb36

(a) Regulations.--Section 8904 of title 46, United States Code, is
amended by adding at the end of the following:
``(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.

fd767461713ba83f4a9438c321dba43915348259bd0afcab5fcad06bcf5d5931

The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is
amended by inserting after section 4 the following:
``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).''.

2eaa885851e7701ec0ea6aefcb376e8fb4ba28c83d1919d1177b5a5d77bf145b

(a) In General.--Section 3505 of title 46, United States Code, is
amended to read as follows:
``Sec. 3505. Prevention of departure
``Notwithstanding section 3303 of this title, a foreign vessel
carrying a citizen of the United States as a passenger or embarking
passengers from a United States port may not depart from a United
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''.

d238a5515c3ec07a61bc1ddc85f5d413625d3feabe064f01a2dab228593f1736

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.''.

45cd9d49ba5a0030c7b24206255c89643750a49a651dcc5d8fe8b3b24fcc94c3

(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.

0b7af4616391ba7a1d31a2ea4e862d33260d704874459081368145d1f22d4416

(a) In General.--Chapter 77 of title 46, United States Code, is
amended by adding at the end:
``Sec. 7706. Drug testing reporting
``(a) Release of Drug Test Results to Coast Guard.--Not later than
2 weeks after receiving from a Medical Review Officer a report of a
verified positive drug test or verified test violation by a civilian
employee of a Federal agency, an officer in the Public Health Services,
or an officer in the National Oceanic and Atmospheric Administration
Commissioned Officer Corps, who is employed in any capacity on board a
vessel operated by the agency, the head of the agency shall release to
the Commandant of the Coast Guard the report.
``(b) Standards, Procedures, and Regulations.--The head of a
Federal agency shall carry out a release under subsection (a) in
accordance with the standards, procedures, and regulations applicable
to the disclosure and reporting to the Coast Guard of drug tests
results and drug test records of individuals employed on vessels
documented under the laws of the United States.
``(c) Waiver.--Notwithstanding section 503(e) of the Supplemental
Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug
test of an employee may be released under this section without the
prior written consent of the employee.''.
(b) Conforming Amendment.--The chapter analysis for chapter 77 of
title 46, United States Code, is amended by adding at the end the
following:
``7706. Drug testing reporting.''.

1d1707ac86287af5a6651fbbd46d3c138426ad1f2a319ef97f7c07be8222f8b3

(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.''.

a11ca967d2596ad22fe42a7fdd2e32b7d156fcb163f32f9403f26e9494b2ded0

(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
``(D) guidelines for potable water recommended by the
Centers for Disease Control and Prevention and the Public
Health Service.''.

4d1b43092908eececbd53fd15a5ad74c59a962f2a3f44ba8c501c48b7379442c

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 qualified-vessels, which procedures shall, among
other things, establish that for purposes of this proviso, a coastwise-
qualified vessel shall be deemed to be not available only (1) if upon
application by an owner or operator for the use of a non-coastwise
qualified launch barge for transportation of a platform jacket under
this section, which application shall include all relevant information,
including engineering details and timing requirements, the Secretary
promptly publishes a notice in the Federal Register describing the
project and the platform jacket involved, advising that all relevant
information reasonably needed to assess the transportation requirements
for the platform jacket will be made available to interested parties
upon request, and requesting that information on the availability of
coastwise-qualified vessels be submitted within 30 days after
publication of that notice; and (2) if either (A) no information is
submitted to the Secretary within that 30 day period, or (B) although
the owner or operator of a coastwise-qualified vessel submits
information to the Secretary asserting that the owner or operator has a
suitable coastwise-qualified vessel available for this transportation,
the Secretary, within 90 days of the date on which the notice is first
published determines that the coastwise-qualified vessel is not
suitable or reasonably available for the transportation; and that, for
the purposes of this proviso, the term `coastwise-qualified vessel'
means a vessel that has been issued a certificate of documentation with
a coastwise endorsement under section 12106 of title 46, United States
Code, and the term `platform jacket' refers to a single physical
component and includes any type of offshore exploration, development,
or production structure or component thereof, including platform
jackets, tension leg or SPAR platform superstructures (including the
deck, drilling rig and support utilities, and supporting structure),
hull (including vertical legs and connecting pontoons or vertical
cylinder), tower and base sections of a platform jacket, jacket
structures, and deck modules (known as `topsides').''.

1f740eaa09c1f51e91376af5d996408e927eec04c841b9a8c1078c0ddbe41eb4

(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''.

d5bd2e944ca8fd5d5e3384365a0f2b60842cb852ba4681a441dd4c4cc79558ee

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.

abd259958d6de1f603c9f454a26f3180c210c0c228b832be7d043ec67108f382

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 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.

f426b989ae3fd54f0bdbb09994f048acfa4e8a1b1697abf5ae4205fb2440a85c

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''.

ecb3006ed7970216ecce647a9504408a5a13cf2d46475300a55a6535b4ecdf9a

(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.
(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.

babea2787b5c1fe17c86c10b759b9a5b17993d8174648b09f141592ef5eede88

(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).
(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.

fc4ee9b6e9013449904973d97fdcab1b5352521502028902ebdcfa7db652b949

(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).

ed8cdd4afeccd88ccaa8a2a290a9a3ec9845c7f24af8a24cd7911a0a59032eed

(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;
(D) analyzes the effect on Great Lakes shipping of the tax
imposed by section 4461(a) of the Internal Revenue Code of
1986;
(E) evaluates the state of shipbuilding and ship repair
bases on the Great Lakes;
(F) evaluates opportunities for passenger vessel services
on the Great Lakes;
(G) analyzes the origin-to-destination flow of freight
cargo in the Great Lakes region that may be transported on
vessels to relieve congestion in other modes of transportation;
(H) evaluates the economic viability of establishing
transshipment facilities for oceangoing cargoes on the Great
Lakes;
(I) evaluates the adequacy of the infrastructure in Great
Lakes ports to meet the needs of marine commerce; and
(J) evaluates new vessel designs for domestic and
international shipping on the Great Lakes.
(2) Use of national maritime enhancement institutes.--In
conducting the study required by paragraph (1), the Secretary may
utilize the services of any recognized National Maritime
Enhancement Institute.
(3) Reports.--The Secretary shall submit an annual report on
the findings and conclusions of the study under this section to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives--
(A) by not later than 1 year after the date of the
enactment of this Act; and
(B) by not later than 1 year after the date of submission
of the report under subparagraph (A).
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary $1,500,000 for each of fiscal years
2005 and 2006 to carry out paragraph (1).

73898c26c0e2bc53e3908c818c4e6efe85612e3d23982fcd7c1131adf156e724

(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.

f120d06486168c27315dd4fb01d5fdb1cb1f3f268333bc17d323a4be76440fd5

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).

9d22df61463be83a54f2df813007be4cdf7a5352bcbd79e5f649dd6b56668343

(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 and
its United States affiliates and documented under this
section is qualified proprietary cargo;
``(iv) any cargo other than qualified proprietary cargo
carried by all vessels owned by such person and its United
States affiliates and documented under this section
consists of oil, petroleum products, petrochemicals, or
liquified natural gas;
``(v) no vessel owned by such person or any of its
United States affiliates and documented under this section
carries molten sulphur; and
``(vi) such person owned 1 or more vessels documented
under subsection (e) of this section as of the date of
enactment of the Coast Guard and Maritime Transportation
Act of 2004.
``(B) Application only to certain vessels.--A person may
make a certification under this paragraph only with respect
to--
``(i) a tank vessel having a tonnage of not less than
6,000 gross tons, as measured under section 14502 of this
title (or an alternative tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title); or
``(ii) a towing vessel associated with a non-self-
propelled tank vessel that meets the requirements of clause
(i), where the 2 vessels function as a single self-
propelled vessel.
``(4) Definitions.--In this subsection:
``(A) Affiliate.--The term `affiliate' means, with respect
to any person, any other person that is--
``(i) directly or indirectly controlled by, under
common control with, or controlling such person; or
``(ii) named as being part of the same consolidated
group in any report or other document submitted to the
United States Securities and Exchange Commission or the
Internal Revenue Service.
``(B) Cargo.--The term `cargo' does not include cargo to
which title is held for non-commercial reasons and primarily
for the purpose of evading the requirements of paragraph (3).
``(C) Oil.--The term `oil' has the meaning given that term
in section 2101(20) of this title.
``(D) Passive investment.--The term `passive investment'
means an investment in which neither the investor nor any
affiliate of such investor is involved in, or has the power to
be involved in, the formulation, determination, or direction of
any activity or function concerning the management, use, or
operation of the asset that is the subject of the investment.
``(E) Qualified proprietary cargo.--The term `qualified
proprietary cargo' means--
``(i) oil, petroleum products, petrochemicals, or
liquefied natural gas cargo that is beneficially owned by
the person who submits to the Secretary an application or
annual certification under paragraph (3), or by an
affiliate of such person, immediately before, during, or
immediately after such cargo is carried in coastwise trade
on a vessel owned by such person;
``(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--
(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
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.

3049f476d09bbf68e7b2399f3a7d478be83ac0ef22008fc93ca8263102087ee7

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''.

74b73e1572f62c7eedf7483582b9f269dc05148ae72163297ef265022bef4d93

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.).

f2ea97b9a55c7fcac0859a0cc882b20833a3968f288f3afd594d1c617d5d5573

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.

b1c280c57d24f275f6afd30a8b5dec6c3a21cc469c212775f3df01e43a58833f

(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.
(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 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.

077fe85afd297d92a5f9eb4dd2ccaee0e9165d45080848b67f29ac42701b5166

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''.

19c16b566553860e393192360f81dd6d45c12f014dc8a8a180aa7111557c2b75

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.

48d676175db49cf9b4beac61ef90997b9f131b14171205bdea84b91c8c17745e

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.
(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.

12d487c9fad3decf588e0b725b846a36bce13e2647f3fb872e6a26a25a9cb5af

(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
(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.

26728384aba94a403d491862f1f0d2cf11c8c8102b6fe93b88920b650a702c61

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.

24c6365d8e32dce7715acf5269e34eca74c02e5f2e9eb211c7d175584663762f

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).

50c03c80ff776b970880c043bceda0cb315a37ed6a0e01b12b1f97dc9fd5a631

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.''.

2a33b67c8c758af69ca709981c42a514fd5ee561de9a90b9f3bcd0d6d80776bd

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 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.

611bd3de395a2194c561330df2a34a05183bef5222d34c3a7da00cb23e2f6b09

(a) Report.--No later than 180 days after enactment of this Act,
the Coast Guard shall provide a written report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
with respect to performance under the first term of the Integrated
Deepwater System contract.
(b) Contents.--The report shall include the following:
(1) An analysis of how well the prime contractor has met the
two key performance goals of operational effectiveness and
minimizing total ownership costs.
(2) A description of the measures implemented by the prime
contractor to meet these goals and how these measures have been or
will be applied for subcontracts awarded during the 5-year term of
the contract, as well as criteria used by the Coast Guard to assess
the contractor's performance against these goals.
(3) To the extent available, performance and cost comparisons
of alternatives examined in implementing the contract.
(4) A detailed description of the measures that the Coast Guard
has taken to implement the recommendations of the General
Accounting Office's March 2004 report on the Deepwater program
(including the development of measurable award fee criteria,
improvements to integrated product teams, and a plan for ensuring
competition of subcontracts).
(5) A description of any anticipated changes to the mix of
legacy and replacement assets over the life of the program,
including Coast Guard infrastructure and human capital needs for
integrating such assets, and a timetable and estimated costs for
maintaining each legacy asset and introducing each replacement
asset over the life of the contract, including a comparison to any
previous estimates of such costs on an asset-specific basis.

a6d92f1fea4538f6d48748e93fc3e6929564c900869bd3f2ccafa5a1658d1e7e

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.''.

99924aab441d000f3b85f6e039667444bae3de12f2cc4e77fe974588562944a1

(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 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).

48fd38fe5556ee9d1b95eb3791924c2fb8e1eacd40b67c3da58593cf0d059ded

(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;
(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.

79279b66ca1c30bb92a99877cc292a2c6b4ae51b61f2acec6752b6d8029cf895

(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.

6a95c1f49df3df6aadf112238662144220dad97f1124367a742cc3c560ceebbd

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
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.

64dcab38557d3f4e05945fc9f2c1662218c64248e8c69c851b7fc177bb23141d

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.''.

b0452863806768c71cbed529049248aff073ef03f8a535dccdae615709d3bbf0

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.

1d7fef4c3854f0ebe302b62c17d8c8dc6a7905b96fbcbdccfa1355e0f3ea71ed

(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
(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.

4aaa0f14a2c52f5415173fbb7cee990f70997d5e6832963171be0a93ab9bab55

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.'';
(6) by inserting ``non-tank vessel,'' in paragraph (5)(E) after
``vessel,'' each place it appears;
(7) in paragraph (5)(F)--
(A) by inserting ``non-tank vessel,'' after ``vessel,'';
(B) by striking ``vessel or'' and inserting ``vessel, non-
tank vessel, or''.
(8) in paragraph (5)(G) by inserting ``nontank vessel,'' after
``vessel,'';
(9) in paragraph (5)(H) by inserting ``and nontank vessel''
after ``each tank vessel;
(10) in paragraph (6) in the matter preceding subparagraph (A)
by striking ``Not later than 2 years after the date of enactment of
this section, the President shall require--'' and inserting ``The
President may require--'';
(11) in paragraph (6)(B) by inserting ``, and nontank vessels
carrying oil of any kind as fuel for main propulsion,'' after
``cargo''; and
(12) in paragraph (7) by inserting ``, nontank vessel,'' after
``vessel''.
(c) Implementation 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),''.

03a57c6cbdb162cba7b1c72a47ffaacef91fcafd5c17d23e7c4c05056ca30fbc

(a) Requirements.--Section 4110 of the Oil Pollution Act of 1990
(46 U.S.C. 3703 note) is amended--
(1) in subsection (a), by striking ``Not later than 1 year
after the date of the enactment of this Act, the Secretary shall''
and inserting ``The Secretary may''; 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.

38c074f0f2d6c7e81238c472282deef27aaf8e1412de0a25d471176f7c3f1549

Coast Guard and Maritime Transportation Act of 2003 — HR. 2443

Other Sections