Text: H.R.2443 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-293 (08/09/2004)

 
[108th Congress Public Law 293]
[From the U.S. Government Printing Office]


[DOCID: f:publ293.108]

[[Page 1027]]

           COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004

[[Page 118 STAT. 1028]]

Public Law 108-293
108th Congress

                                 An Act


 
 An Act to authorize appropriations for the Coast Guard for fiscal year 
  2005, to amend various laws administered by the Coast Guard, and for 
         other purposes. <<NOTE: Aug. 9, 2004 -  [H.R. 2443]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Coast Guard and 
Maritime Transportation Act of 2004. 14 USC 1 note.>> 

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

                    TITLE II--COAST GUARD MANAGEMENT

Sec. 201. Long-term leases.
Sec. 202. Nonappropriated fund instrumentalities.
Sec. 203. Term of enlistments.
Sec. 204. Enlisted member critical skill training bonus.
Sec. 205. Indemnity for disabling vessels liable to seizure or 
           examination.
Sec. 206. Administrative, collection, and enforcement costs for certain 
           fees and charges.
Sec. 207. Expansion of Coast Guard housing authorities.
Sec. 208. Requirement for constructive credit.
Sec. 209. Maximum ages for retention in an active status.
Sec. 210. Travel card management.
Sec. 211. Coast Guard fellows and detailees.
Sec. 212. Long-term lease of special use real property.
Sec. 213. National Coast Guard Museum.
Sec. 214. Limitation on number of commissioned officers.
Sec. 215. Redistricting notification requirement.
Sec. 216. Report on shock mitigation standards.
Sec. 217. Recommendations to Congress by Commandant of the Coast Guard.
Sec. 218. Coast Guard education loan repayment program.
Sec. 219. Contingent expenses.
Sec. 220. Reserve admirals.
Sec. 221. Confidential investigative expenses.
Sec. 222. Innovative construction alternatives.
Sec. 223. Delegation of port security authority.
Sec. 224. Fisheries enforcement plans and reporting.
Sec. 225. Use of Coast Guard and military child development centers.
Sec. 226. Treatment of property owned by auxiliary units and dedicated 
           solely for auxiliary use.

                          TITLE III--NAVIGATION

Sec. 301. Marking of underwater wrecks.
Sec. 302. Use of electronic devices; cooperative agreements.

[[Page 118 STAT. 1029]]

Sec. 303. Inland navigation rules promulgation authority.
Sec. 304. Saint Lawrence Seaway.

                           TITLE IV--SHIPPING

Sec. 401. Reports from charterers.
Sec. 402. Removal of mandatory revocation for proved drug convictions in 
           suspension and revocation cases.
Sec. 403. Records of merchant mariners' documents.
Sec. 404. Exemption of unmanned barges from certain citizenship 
           requirements.
Sec. 405. Compliance with International Safety Management Code.
Sec. 406. Penalties.
Sec. 407. Revision of temporary suspension criteria in document 
           suspension and revocation cases.
Sec. 408. Revision of bases for document suspension and revocation 
           cases.
Sec. 409. Hours of service on towing vessels.
Sec. 410. Electronic charts.
Sec. 411. Prevention of departure.
Sec. 412. Service of foreign nationals for maritime educational 
           purposes.
Sec. 413. Classification societies.
Sec. 414. Drug testing reporting.
Sec. 415. Inspection of towing vessels.
Sec. 416. Potable water.
Sec. 417. Transportation of platform jackets.
Sec. 418. Renewal of advisory groups.

                  TITLE V--FEDERAL MARITIME COMMISSION

Sec. 501. Authorization of appropriations for Federal Maritime 
           Commission.
Sec. 502. Report on ocean shipping information gathering efforts.

                         TITLE VI--MISCELLANEOUS

Sec. 601. Increase in civil penalties for violations of certain bridge 
           statutes.
Sec. 602. Conveyance of decommissioned Coast Guard cutters.
Sec. 603. Tonnage measurement.
Sec. 604. Operation of vessel STAD AMSTERDAM.
Sec. 605. Great Lakes National Maritime Enhancement Institute.
Sec. 606. Koss Cove.
Sec. 607. Miscellaneous certificates of documentation.
Sec. 608. Requirements for coastwise endorsement.
Sec. 609. Correction of references to National Driver Register.
Sec. 610. Wateree River.
Sec. 611. Merchant mariners' documents pilot program.
Sec. 612. Conveyance.
Sec. 613. Bridge administration.
Sec. 614. Sense of Congress regarding carbon monoxide and watercraft.
Sec. 615. Mitigation of penalty due to avoidance of a certain condition.
Sec. 616. Certain vessels to be tour vessels.
Sec. 617. Sense of Congress regarding timely review and adjustment of 
           Great Lakes pilotage rates.
Sec. 618. Westlake chemical barge documentation.
Sec. 619. Correction to definition.
Sec. 620. LORAN-C.
Sec. 621. Deepwater report.
Sec. 622. Judicial review of National Transportation Safety Board final 
           orders.
Sec. 623. Interim authority for dry bulk cargo residue disposal.
Sec. 624. Small passenger vessel report.
Sec. 625. Conveyance of motor lifeboat.
Sec. 626. Study on routing measures.
Sec. 627. Conveyance of light stations.
Sec. 628. Waiver.
Sec. 629. Approval of modular accommodation units for living quarters.

       TITLE VII--AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990

Sec. 701. Vessel response plans for nontank vessels over 400 gross tons.
Sec. 702. Requirements for tank level and pressure monitoring devices.
Sec. 703. Liability and cost recovery.
Sec. 704. Oil Spill Recovery Institute.
Sec. 705. Alternatives.
Sec. 706. Authority to settle.
Sec. 707. Report on implementation of the Oil Pollution Act of 1990.
Sec. 708. Loans for fishermen and aquaculture producers impacted by oil 
           spills.

              TITLE VIII--MARITIME TRANSPORTATION SECURITY

Sec. 801. Enforcement.

[[Page 118 STAT. 1030]]

Sec. 802. In rem liability for civil penalties and costs.
Sec. 803. Maritime information.
Sec. 804. Maritime transportation security grants.
Sec. 805. Security assessment of waters under the jurisdiction of the 
           United States.
Sec. 806. Membership of Area Maritime Security Advisory Committees.
Sec. 807. Joint operational centers for port security.
Sec. 808. Investigations.
Sec. 809. Vessel and intermodal security reports.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for fiscal year 2005 for 
necessary expenses of the Coast Guard as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $5,404,300,000, of which $25,000,000 is authorized to be derived 
        from the Oil Spill Liability Trust Fund to carry out the 
        purposes of section 1012(a)(5) of the Oil Pollution Act of 1990.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,500,000,000, of which--
                    (A) $23,500,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990), to 
                remain available until expended;
                    (B) $1,100,000,000 is authorized for acquisition and 
                construction of shore and offshore facilities, vessels, 
                and aircraft, including equipment related thereto, and 
                other activities that constitute the Integrated 
                Deepwater System; and
                    (C) $161,000,000 shall be available for Rescue 21.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in search 
        and rescue, aids to navigation, marine safety, marine 
        environmental protection, enforcement of laws and treaties, ice 
        operations, oceanographic research, and defense readiness, 
        $24,200,000, to remain available until expended, of which 
        $3,500,000 shall be derived from the Oil Spill Liability Trust 
        Fund to carry out the purposes of section 1012(a)(5) of the Oil 
        Pollution Act of 1990.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this purpose), 
        payments under the Retired Serviceman's Family Protection and 
        Survivor Benefit Plans, and payments for medical care of retired 
        personnel and their dependents under chapter 55 of title 10, 
        United States Code, $1,085,460,000, to remain available until 
        expended.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $19,650,000, of 
        which--
                    (A) $17,150,000, to remain available until expended; 
                and
                    (B) <<NOTE: Massachusetts.>> $2,500,000, to remain 
                available until expended, which may be utilized for 
                construction of a new Chelsea

[[Page 118 STAT. 1031]]

                Street Bridge over the Chelsea River in Boston, 
                Massachusetts.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated with 
        operation and maintenance), $17,000,000, to remain available 
        until expended.
            (7) For maintenance and operation of facilities, supplies, 
        equipments, and services necessary for the Coast Guard Reserve, 
        as authorized by law, $117,000,000.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 for the years ending 
on September 30, 2004, and September 30, 2005.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
            (1) For recruit and special training for fiscal year 2005, 
        2,500 student years.
            (2) For flight training for fiscal year 2005, 125 student 
        years.
            (3) For professional training in military and civilian 
        institutions for fiscal year 2005, 350 student years.
            (4) For officer acquisition for fiscal year 2005, 1,200 
        student years.

                    TITLE II--COAST GUARD MANAGEMENT

SEC. 201. LONG-TERM LEASES.

    Section 93 of title 14, United States Code, is amended--
            (1) by redesignating paragraphs (a) through (x) in order as 
        paragraphs (1) through (23);
            (2) in paragraph (18) (as so redesignated) by striking the 
        comma at the end and inserting a semicolon;
            (3) by inserting ``(a)'' before ``For the purpose''; and
            (4) by adding at the end the following:

    ``(b)(1) Notwithstanding subsection (a)(14), a lease described in 
paragraph (2) of this subsection may be for a term of up to 20 years.
    ``(2) A lease referred to in paragraph (1) is a lease--
            ``(A) to the United States Coast Guard Academy Alumni 
        Association for the construction of an Alumni Center on the 
        grounds of the United States Coast Guard Academy; or
            ``(B) to an entity with which the Commandant has a 
        cooperative agreement under section 4(e) of the Ports and 
        Waterways Safety Act, and for which a term longer than 5 years 
        is necessary to carry out the agreement.''.

SEC. 202. NONAPPROPRIATED FUND INSTRUMENTALITIES.

    (a) In General.--Chapter 7 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 152. Nonappropriated fund instrumentalities: contracts with other 
                        agencies and instrumentalities to provide or 
                        obtain goods and services

    ``The Coast Guard Exchange System, or a morale, welfare, and 
recreation system of the Coast Guard, may enter into a contract

[[Page 118 STAT. 1032]]

or other agreement with any element or instrumentality of the Coast 
Guard or with another Federal department, agency, or instrumentality to 
provide or obtain goods and services beneficial to the efficient 
management and operation of the Coast Guard Exchange System or that 
morale, welfare, and recreation system.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 14, United States Code, is amended by adding at the 
end the following:

``152. Nonappropriated fund instrumentalities: contracts with other 
           agencies and instrumentalities to provide or obtain goods and 
           services.''.

SEC. 203. TERM OF ENLISTMENTS.

    Section 351(a) of title 14, United States Code, is amended by 
striking ``terms of full years not exceeding six years.'' and inserting 
``a period of at least two years but not more than six years.''.

SEC. 204. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 373 the following:

``Sec. 374. Critical skill training bonus

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

``374. Critical skill training bonus.''.

SEC. 205. INDEMNITY FOR DISABLING VESSELS LIABLE TO SEIZURE OR 
            EXAMINATION.

    (a) Repeal of Requirement To Fire Warning Shot.--Subsection (a) of 
section 637 of title 14, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``after a'' and all that follows through 
        ``signal,'' and inserting ``subject to paragraph (2),''; and
            (3) by adding at the end the following:

    ``(2) Before firing at or into a vessel as authorized in paragraph 
(1), the person in command or in charge of the authorized vessel or 
authorized aircraft shall fire a gun as a warning signal, except that 
the prior firing of a gun as a warning signal is not required if that 
person determines that the firing of a warning signal would unreasonably 
endanger persons or property in the vicinity of the vessel to be 
stopped.''.

[[Page 118 STAT. 1033]]

    (b) Extension to Military Aircraft of Coast Guard Interdiction 
Authority.--Subsection (c) of such section is amended--
            (1) in paragraph (1) by inserting ``or'' after the 
        semicolon; and
            (2) in paragraph (2) by--
                    (A) inserting ``or military aircraft'' after 
                ``surface naval vessel''; and
                    (B) striking ``; or'' and all that follows through 
                paragraph (3) and inserting a period.

    (c) Repeal of Termination of Applicability to Naval Aircraft.--
Subsection (d) of such section is repealed.
    (d) Report.--The <<NOTE: 14 USC 637 note.>> Commandant of the Coast 
Guard shall transmit a report annually to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
describing the location, vessels or aircraft, circumstances, and 
consequences of each incident in the 12-month period covered by the 
report in which the person in command or in charge of an authorized 
vessel or an authorized aircraft (as those terms are used in section 637 
of title 14, United States Code) fired at or into a vessel without prior 
use of the warning signal as authorized by that section.

    (e) Technical Correction.--
            (1) Correction.--Section 637 of title 14, United States 
        Code, is amended in the section heading by striking ``immunity'' 
        and inserting ``indemnity''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 17 of title 14, United States Code, is 
        amended by striking the item relating to section 637 and 
        inserting the following:

``637. Stopping vessels; indemnity for firing at or into vessel.''.

SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS FOR CERTAIN 
            FEES AND CHARGES.

    Section 664 of title 14, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (f);
            (2) by inserting after subsection (b) the following:

    ``(c) In addition to the collection of fees and charges established 
under this section, the Secretary may recover from the person liable for 
the fee or charge the costs of collecting delinquent payments of the fee 
or charge, and enforcement costs associated with delinquent payments of 
the fees and charges.
    ``(d)(1) The Secretary may employ any Federal, State, or local 
agency or instrumentality, or any private enterprise or business, to 
collect a fee or charge established under this section.
    ``(2) A private enterprise or business employed by the Secretary to 
collect fees or charges--
            ``(A) shall be subject to reasonable terms and conditions 
        agreed to by the Secretary and the enterprise or business;
            ``(B) shall provide appropriate accounting to the Secretary; 
        and
            ``(C) may not institute litigation as part of that 
        collection.

    ``(e) The Secretary shall account for the agency's costs of 
collecting a fee or charge as a reimbursable expense, subject to the 
availability of appropriations, and the costs shall be credited to the 
account from which expended.''; and
            (3) by adding at the end the following:

[[Page 118 STAT. 1034]]

    ``(g) In this section the term `costs of collecting a fee or charge' 
includes the reasonable administrative, accounting, personnel, contract, 
equipment, supply, training, and travel expenses of calculating, 
assessing, collecting, enforcing, reviewing, adjusting, and reporting on 
a fee or charge.''.

SEC. 207. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.

    (a) Eligible Entity Defined.--Section 680 of title 14, United States 
Code, is amended--
            (1) by redesignating paragraphs (3) and (4) in order as 
        paragraphs (4) and (5); and
            (2) by inserting after paragraph (2) the following:
            ``(3) The term `eligible entity' means any private person, 
        corporation, firm, partnership, or company and any State or 
        local government or housing authority of a State or local 
        government.''.

    (b) Direct Loans for Providing Housing.--Section 682 of title 14, 
United States Code, is amended--
            (1) in the section heading by striking ``Loan guarantees'' 
        and inserting ``Direct loans and loan guarantees'';
            (2) by redesignating subsections (a) and (b) as (b) and (c) 
        respectively;
            (3) by inserting before subsection (b) (as so redesignated) 
        the following:

    ``(a) Direct Loans.--(1) Subject to subsection (c), the Secretary 
may make direct loans to an eligible entity in order to provide funds to 
the eligible entity for the acquisition or construction of housing units 
that the Secretary determines are suitable for use as military family 
housing or as military unaccompanied housing.
    ``(2) The Secretary shall establish such terms and conditions with 
respect to loans made under this subsection as the Secretary considers 
appropriate to protect the interests of the United States, including the 
period and frequency for repayment of such loans and the obligations of 
the obligors on such loans upon default.'';
            (4) in subsection (b) (as so redesignated) by striking 
        ``subsection (b),'' and inserting ``subsection (c),''; and
            (5) in subsection (c) (as so redesignated)--
                    (A) in the heading by striking ``Guarantee''; and
                    (B) by striking ``Loan guarantees'' and inserting 
                ``Direct loans and loan guarantees''.

    (c) Limited Partnerships With Eligible Entities.--Section 684 of 
title 14, United States Code, is amended--
            (1) in the section heading by striking ``nongovernmental'' 
        and inserting ``eligible'';
            (2) in subsection (a) by striking ``nongovernmental'' and 
        inserting ``eligible'';
            (3) in subsection (b)(1) by striking ``a nongovernmental'' 
        and inserting ``an eligible'';
            (4) in subsection (b)(2) by striking ``a nongovernmental'' 
        and inserting ``an eligible''; and
            (5) in subsection (c) by striking ``nongovernmental'' and 
        inserting ``eligible''.

    (d) Housing Demonstration Projects in Alaska.--Section 687(g) of 
title 14, United Sates Code, is amended--
            (1) in the heading by striking ``Project'' and inserting 
        ``Projects'';

[[Page 118 STAT. 1035]]

            (2) in paragraph (1) by striking ``a demonstration project'' 
        and inserting ``demonstration projects'';
            (3) in paragraph (1) by striking ``Kodiak, Alaska;'' and 
        inserting ``Kodiak, Alaska, or any other Coast Guard 
        installation in Alaska;'';
            (4) in paragraph (2) by striking ``the demonstration 
        project'' and inserting ``such a demonstration project''; and
            (5) in paragraph (4) by striking ``the demonstration 
        project'' and inserting ``such demonstration projects''.

    (e) Differential Lease Payments.--Chapter 18 of title 14, United 
States Code, is amended by inserting after section 687 the following:

``Sec. 687a. Differential lease payments

    ``Pursuant to an agreement entered into by the Secretary and a 
lessor of military family housing or military unaccompanied housing to 
members of the armed forces, the Secretary may pay the lessor an amount, 
in addition to the rental payments for the housing made by the members, 
as the Secretary determines appropriate to encourage the lessor to make 
the housing available to members of the armed forces as military family 
housing or as military unaccompanied housing.''.
    (f) Clerical Amendment.--The table of sections at the beginning of 
chapter 18 of title 14, United States Code, is amended--
            (1) by striking the item related to section 682 and 
        inserting the following:

``682. Direct loans and loan guarantees.'';

            (2) in the item related to section 684 by striking 
        ``nongovernmental'' and inserting ``eligible''; and
            (3) by inserting after the item related to section 687 the 
        following:

``687a. Differential lease payments.''.

SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT.

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

SEC. 209. MAXIMUM AGES FOR RETENTION IN AN ACTIVE STATUS.

    Section 742 of title 14, United States Code, is amended to read as 
follows:

``Sec. 742. Maximum ages for retention in an active status

    ``(a) A Reserve officer, if qualified, shall be transferred to the 
Retired Reserve on the day the officer becomes 60 years of age unless on 
active duty. If not qualified for retirement, a Reserve officer shall be 
discharged effective upon the day the officer becomes 60 years of age 
unless on active duty.
    ``(b) A Reserve officer on active duty shall, if qualified, be 
retired effective upon the day the officer become 62 years of age. If 
not qualified for retirement, a Reserve officer on active duty shall be 
discharged effective upon the day the officer becomes 62 years of age.
    ``(c) Notwithstanding subsection (a)and (b), the Secretary may 
authorize the retention of a Reserve rear admiral or rear admiral (lower 
half) in an active status not longer than the day on which the officer 
concerned becomes 64 years of age.

[[Page 118 STAT. 1036]]

    ``(d) For purposes of this section, `active duty' does not include 
active duty for training, duty on a board, or duty of a limited or 
temporary nature if assigned to active duty from an inactive duty 
status.''.

SEC. 210. TRAVEL CARD MANAGEMENT.

    (a) In General.--Chapter 13 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 517. Travel card management

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

``517. Travel card management.''.

SEC. 211. COAST GUARD FELLOWS AND DETAILEES.

    The <<NOTE: Deadline.>> Secretary of the department in which the 
Coast Guard is operating, in consultation with the Attorney General, 
shall by not later than 6 months after the date of the enactment of this 
Act--
            (1) review the Coast Guard Commandant Instruction 5730.3, 
        regarding congressional detailees (COMDTINST 5370.3), dated 
        April 18, 2003, and compare the standards set forth in the 
        instruction to the standards applied by other executive agencies 
        to congressional detailees;
            (2) determine if any changes to such instruction are 
        necessary to protect against conflicts of interest and preserve 
        the doctrine of separation of powers; and
            (3) <<NOTE: Reports.>> submit a report to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives on the findings and conclusions of the review.

SEC. 212. LONG-TERM LEASE OF SPECIAL USE REAL PROPERTY.

    (a) In General.--Section 672 of title 14, United States Code, is 
amended by--
            (1) striking the heading and inserting the following:

``Sec. 672. Long-term lease of special purpose facilities'';

            (2) in subsection (a), inserting ``special purpose 
        facilities, including,'' after ``automatic renewal clauses, 
        for'' ; and
            (3) striking ``(b) The'' and inserting:

[[Page 118 STAT. 1037]]

    ``(b) For purposes of this section, the term `special purpose 
facilities' means any facilities used to carry out Coast Guard aviation, 
maritime, or navigation missions other than general purpose office and 
storage space facilities.
    ``(c) In the case of ATON, VTS, or NDS sites, the''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17, United States Code, is amended by striking the item relating 
to section 672 and inserting the following:

``672. Long-term lease of special purpose facilities.''.

SEC. 213. NATIONAL COAST GUARD MUSEUM.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 98. National Coast Guard Museum

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

    ``(d) Authority.--The Commandant may not establish a Coast Guard 
museum except as set forth in this section.''.
    (b) Clerical Amendment.--The chapter analysis at the beginning of 
chapter 5 of title 14, United States Code, is amended by adding at the 
end the following:

``98. National Coast Guard Museum.''.

SEC. 214. LIMITATION ON NUMBER OF COMMISSIONED OFFICERS.

    Section 42 of title 14, United States Code, is amended--
            (1) in subsection (a), by striking ``6,200'' and inserting 
        ``6,700 in each fiscal year 2004, 2005, and 2006''; and

[[Page 118 STAT. 1038]]

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

SEC. 215. <<NOTE: 14 USC 93 note.>> REDISTRICTING NOTIFICATION 
            REQUIREMENT.

    The Commandant shall notify the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate at least 180 days 
before--
            (1) implementing any plan to reduce the number of, change 
        the location of, or change the geographic area covered by any 
        existing Coast Guard Districts; or
            (2) permanently transferring more than 10 percent of the 
        personnel or equipment from a district office where such 
        personnel or equipment is based.

SEC. 216. REPORT ON SHOCK MITIGATION STANDARDS.

    (a) Report requirement.--Not later than 180 days after the date of 
the enactment of this Act, the Commandant of the Coast Guard shall issue 
a report on the necessity of, and possible standards for, decking 
materials for Coast Guard vessels to mitigate the adverse effects on 
crew members from shock and vibration.
    (b) Recommended standards.--The standards recommended in the report 
may--
            (1) incorporate appropriate industry or manufacturing 
        standards; and
            (2) consider the weight and durability of decking material, 
        the effects of repeated use and varying weather conditions, and 
        the capability of decking material to lessen impact.

SEC. 217. RECOMMENDATIONS TO CONGRESS BY COMMANDANT OF THE COAST GUARD.

    Section 93 of title 14, United States Code, is amended--
            (1) in paragraph (w) by striking ``and'' after the semicolon 
        at the end;
            (2) in paragraph (x) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(y) after informing the Secretary, make such 
        recommendations to the Congress relating to the Coast Guard as 
        the Commandant considers appropriate.''.

SEC. 218. COAST GUARD EDUCATION LOAN REPAYMENT PROGRAM.

    (a) Program Authorized.--Chapter 13 of title 14, United States Code, 
is amended by inserting after section 471 the following:

``Sec. 472. Education loan repayment program

    ``(a)(1) Subject to the provisions of this section, the Secretary 
may repay--
            ``(A) any loan made, insured, or guaranteed under part B of 
        title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et 
        seq.);
            ``(B) any loan made under part D of such title (the William 
        D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); 
        or
            ``(C) any loan made under part E of such title (20 U.S.C. 
        1087aa et seq.).

[[Page 118 STAT. 1039]]

Repayment of any such loan shall be made on the basis of each complete 
year of service performed by the borrower.
    ``(2) The Secretary may repay loans described in paragraph (1) in 
the case of any person for service performed on active duty as an 
enlisted member of the Coast Guard in a specialty specified by the 
Secretary.
    ``(b) The portion or amount of a loan that may be repaid under 
subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for 
each year of service.
    ``(c) If a portion of a loan is repaid under this section for any 
year, interest on the remainder of such loan shall accrue and be paid in 
the same manner as is otherwise required.
    ``(d) Nothing in this section shall be construed to authorize 
refunding any repayment of a loan.
    ``(e) <<NOTE: Regulations.>> The Secretary shall, by regulation, 
prescribe a schedule for the allocation of funds made available to carry 
out this section during any year for which funds are not sufficient to 
pay the sum of the amounts eligible for repayment under subsection 
(a).''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 13 of title 14, United States Code, is amended by inserting 
after the item relating to section 471 the following:

``472. Education loan repayment program.''.

SEC. 219. CONTINGENT EXPENSES.

    Section 476 of title 14, United States Code, is amended--
            (1) by striking ``$7,500'' and inserting ``$50,000''; and
            (2) by striking the second sentence.

SEC. 220. RESERVE ADMIRALS.

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

``Sec. 743. Rear admiral and rear admiral (lower half); maximum service 
                        in grade

    ``(a) Unless retained in or removed from an active status under any 
other law, a reserve rear admiral or rear admiral (lower half) shall be 
retired on July 1 of the promotion year immediately following the 
promotion year in which that officer completes 4 years

[[Page 118 STAT. 1040]]

of service after the appointment of the officer to rear admiral (lower 
half).
    ``(b) Notwithstanding any other provision of law, if promotion of 
inactive duty promotion list officers to the grade of rear admiral is 
not determined in accordance with a running mate system, a Reserve 
officer serving in an active status in the grade of rear admiral (lower 
half) shall be promoted to the grade of rear admiral, if acceptable to 
the President and the Senate, on the date the officer has served 2 years 
in an active status in grade of rear admiral (lower half), or in the 
case of a vacancy occurring prior to having served 2 years in an active 
status, on the date the vacancy occurs, if the officer served at least 1 
year in an active status in the grade of rear admiral (lower half).''.

SEC. 221. CONFIDENTIAL INVESTIGATIVE EXPENSES.

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

SEC. 222. <<NOTE: 14 USC 93 note.>> INNOVATIVE CONSTRUCTION 
            ALTERNATIVES.

    The Commandant of the Coast Guard may consult with the Office of 
Naval Research and other Federal agencies with research and development 
programs that may provide innovative construction alternatives for the 
Integrated Deepwater System.

SEC. 223. DELEGATION OF PORT SECURITY AUTHORITY.

    The undesignated text following paragraph (b) of the second 
unnumbered paragraph of section 1 of title II of the Act of June 15, 
1917 (chapter 30; 40 Stat. 220; 50 U.S.C. 191) is amended by adding at 
the beginning the following: ``The President may delegate the authority 
to issue such rules and regulations to the Secretary of the department 
in which the Coast Guard is operating.''.

SEC. 224. <<NOTE: 16 USC 1861b.>> FISHERIES ENFORCEMENT PLANS AND 
            REPORTING.

    (a) Fisheries Enforcement Plans.--In preparing the Coast Guard's 
annual fisheries enforcement plan, the Commandant of the Coast Guard 
shall consult with the Under Secretary of Commerce for Oceans and 
Atmosphere and with State and local enforcement authorities.
    (b) Fishery <<NOTE: Notification.>> Patrols.--Prior to undertaking 
fisheries patrols, the Commandant of the Coast Guard shall notify the 
Under Secretary of Commerce for Oceans and Atmosphere and appropriate 
State and local enforcement authorities of the projected dates for such 
patrols.

    (c) Annual Summary.--The Commandant of the Coast Guard shall prepare 
and make available to the Under Secretary of Commerce for Oceans and 
Atmosphere, State and local enforcement entities, and other relevant 
stakeholders, an annual summary report of fisheries enforcement 
activities for the preceding year, including a summary of the number of 
patrols, law enforcement actions taken, and resource hours expended.

SEC. 225. <<NOTE: 14 USC 515 note.>> USE OF COAST GUARD AND MILITARY 
            CHILD DEVELOPMENT CENTERS.

    The Secretary of Defense and the Secretary of the department in 
which the Coast Guard is operating, when operating other than as a 
service in the Navy, may agree to provide child care services

[[Page 118 STAT. 1041]]

to members of the armed forces, with reimbursement, in Coast Guard and 
military child development centers supported in whole or in part with 
appropriated funds. For purposes of military child development centers 
operated under the authority of subchapter II of chapter 88 of title 10, 
United States Code, the child of a member of the Coast Guard shall be 
considered the same as the child of a member of any of the other armed 
forces.

SEC. 226. TREATMENT OF PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED 
            SOLELY FOR AUXILIARY USE.

    Section 821 of title 14, United States Code, is amended by adding at 
the end the following:
    ``(d)(1) Except as provided in paragraph (2), personal property of 
the auxiliary shall not be considered property of the United States.
    ``(2) The Secretary may treat personal property of the auxiliary as 
property of the United States--
            ``(A) for the purposes of--
                    ``(i) the statutes and matters referred to in 
                paragraphs (1) through (6) of subsection (b); and
                    ``(ii) section 641 of this title; and
            ``(B) as otherwise provided in this chapter.

    ``(3) The Secretary may reimburse the Auxiliary, and each 
organizational element and unit of the Auxiliary, for necessary expenses 
of operation, maintenance, and repair or replacement of personal 
property of the Auxiliary.
    ``(4) In this subsection, the term `personal property of the 
Auxiliary' means motor boats, yachts, aircraft, radio stations, 
motorized vehicles, trailers, or other equipment that is under the 
administrative jurisdiction of the Coast Guard Auxiliary or an 
organizational element or unit of the Auxiliary and that is used solely 
for the purposes described in this subsection.''.

                          TITLE III--NAVIGATION

SEC. 301. MARKING OF UNDERWATER WRECKS.

    Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 
409) is amended--
            (1) by striking ``day and a lighted lantern'' in the second 
        sentence inserting ``day and, unless otherwise granted a waiver 
        by the Commandant of the Coast Guard, a light''; and
            (2) by adding at the end ``The Commandant of the Coast Guard 
        may waive the requirement to mark a wrecked vessel, raft, or 
        other craft with a light at night if the Commandant determines 
        that placing a light would be impractical and granting such a 
        waiver would not create an undue hazard to navigation.''.

SEC. 302. USE OF ELECTRONIC DEVICES; COOPERATIVE AGREEMENTS.

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

[[Page 118 STAT. 1042]]

            ``(6) may prohibit the use on vessels of electronic or other 
        devices that interfere with communication and navigation 
        equipment, except that such authority shall not apply to 
        electronic or other devices certified to transmit in the 
        maritime services by the Federal Communications Commission and 
        used within the frequency bands 157.1875-157.4375 MHz and 
        161.7875-162.0375 MHz.''; and
            (2) adding at the end the following:

    ``(e) Cooperative Agreements.--(1) The Secretary may enter into 
cooperative agreements with public or private agencies, authorities, 
associations, institutions, corporations, organizations, or other 
persons to carry out the functions under subsection (a)(1).
    ``(2) A nongovernmental entity may not under this subsection carry 
out an inherently governmental function.
    ``(3) As used in this paragraph, the term `inherently governmental 
function' means any activity that is so intimately related to the public 
interest as to mandate performance by an officer or employee of the 
Federal Government, including an activity that requires either the 
exercise of discretion in applying the authority of the Government or 
the use of judgment in making a decision for the Government.''.

SEC. 303. INLAND NAVIGATION RULES PROMULGATION AUTHORITY.

    (a) Repeal of Inland Rules.--Section 2 of the Inland Navigational 
Rules Act of 1980 (33 U.S.C. 2001-38) is repealed.
    (b) Authority To Issue Regulations.--Section 3 of the Inland 
Navigational Rules Act of 1980 <<NOTE: 33 USC 2071.>>  (33 U.S.C. 2001) 
is amended to read as follows:

``SEC. 3. INLAND NAVIGATION RULES.

    ``The Secretary of the Department in which the Coast Guard is 
operating may issue inland navigation regulations applicable to all 
vessels upon the inland waters of the United States and technical 
annexes that are as consistent as possible with the respective annexes 
to the International Regulations.''.
    (c) Effective <<NOTE: 33 USC 2001 note.>> Date.--Subsection (a) is 
effective on the effective date of final regulations prescribed by the 
Secretary of the Department in which the Coast Guard is operating under 
section 3 of the Inland Navigation Rules Act of 1980 (33 U.S.C. 2001), 
as amended by this Act.

SEC. 304. SAINT LAWRENCE SEAWAY.

    Section 3(2) of the Ports and Waterways Safety Act (33 U.S.C. 
1222(2)) is amended by inserting ``, except that `Secretary' means the 
Secretary of Transportation with respect to the application of this Act 
to the Saint Lawrence Seaway'' after ``in which the Coast Guard is 
operating''.

                           TITLE IV--SHIPPING

SEC. 401. REPORTS FROM CHARTERERS.

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

[[Page 118 STAT. 1043]]

SEC. 402. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG CONVICTIONS IN 
            SUSPENSION AND REVOCATION CASES.

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

SEC. 403. RECORDS OF MERCHANT MARINERS' DOCUMENTS.

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

SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CERTAIN CITIZENSHIP 
            REQUIREMENTS.

    (a) Limitation on Command.--Section 12110(d) of title 46, United 
States Code, is amended by inserting ``or an unmanned barge operating 
outside of the territorial waters of the United States,'' after 
``recreational endorsement,''.
    (b) Penalty.--Section 12122(b)(6) of title 46, United States Code, 
is amended by inserting ``or an unmanned barge operating outside of the 
territorial waters of the United States,'' after ``recreational 
endorsement,''.

SEC. 405. COMPLIANCE WITH INTERNATIONAL SAFETY MANAGEMENT CODE.

    (a) Application of Existing Law.--Section 3202(a) of title 46, 
United States Code, is amended to read as follows:
    ``(a) Mandatory Application.--This chapter applies to a vessel 
that--
            ``(1)(A) is transporting more than 12 passengers described 
        in section 2101(21)(A) of this title; or
            ``(B) is of at least 500 gross tons as measured under 
        section 14302 of this title and is a tanker, freight vessel, 
        bulk freight vessel, high speed freight vessel, or self-
        propelled mobile offshore drilling unit; and
            ``(2)(A) is engaged on a foreign voyage; or
            ``(B) is a foreign vessel departing from a place under the 
        jurisdiction of the United States on a voyage, any part of which 
        is on the high seas.''.

    (b) Compliance of Regulations With International Safety Management 
Code.--Section 3203(b) of title 46, United States Code, is amended by 
striking ``vessels engaged on a foreign voyage.'' and inserting 
``vessels to which this chapter applies under section 3202(a) of this 
title.''.

SEC. 406. PENALTIES.

    Section 4311(b) of title 46, United States Code, is amended to read 
as follows:
    ``(b)(1) A person violating section 4307(a)of this title is liable 
to the United States Government for a civil penalty of not more than 
$5,000, except that the maximum civil penalty may be not more than 
$250,000 for a related series of violations.
    ``(2) If the Secretary decides under section 4310(f) that a 
recreational vessel or associated equipment contains a defect related to 
safety or fails to comply with an applicable regulation and directs the 
manufacturer to provide the notifications specified in this chapter, any 
person, including a director, officer or executive employee of a 
corporation, who knowingly and willfully fails to comply with that 
order, may be fined not more than $10,000, imprisoned for not more than 
one year, or both.

[[Page 118 STAT. 1044]]

    ``(3) When a corporation violates section 4307(a), or fails to 
comply with the Secretary's decision under section 4310(f), any 
director, officer, or executive employee of the corporation who 
knowingly and willfully ordered, or knowingly and willfully authorized, 
a violation is individually liable to the Government for a penalty under 
paragraphs (1) or (2) in addition to the corporation. However, the 
director, officer, or executive employee is not liable individually 
under this subsection if the director, officer, or executive employee 
can demonstrate by a preponderance of the evidence that--
            ``(A) the order or authorization was issued on the basis of 
        a decision, in exercising reasonable and prudent judgment, that 
        the defect or the nonconformity with standards and regulations 
        constituting the violation would not cause or constitute a 
        substantial risk of personal injury to the public; and
            ``(B) at the time of the order or authorization, the 
        director, officer, or executive employee advised the Secretary 
        in writing of acting under this subparagraph and subparagraph 
        (A).''.

SEC. 407. REVISION OF TEMPORARY SUSPENSION CRITERIA IN DOCUMENT 
            SUSPENSION AND REVOCATION CASES.

    Section 7702(d) of title 46, United States Code, is amended--
            (1) in paragraph (1) by striking ``if, when acting under the 
        authority of that license, certificate, or document--'' and 
        inserting ``if--'';
            (2) in paragraph (1)(B)(i), by inserting ``, while acting 
        under the authority of that license, certificate, or document,'' 
        after ``has'';
            (3) by striking ``or'' after the semicolon at the end of 
        paragraph (1)(B)(ii);
            (4) by striking the period at the end of paragraph 
        (1)(B)(iii) and inserting ``; or''; and
            (5) by adding at the end of paragraph (1)(B) the following:
                    ``(iv) is a security risk that poses a threat to the 
                safety or security of a vessel or a public or commercial 
                structure located within or adjacent to the marine 
                environment.''.

SEC. 408. REVISION OF BASES FOR DOCUMENT SUSPENSION AND REVOCATION 
            CASES.

    Section 7703 of title 46, United States Code, is amended--
            (1) in paragraph (1)(B)--
                    (A) by striking ``incompetence,''; and
                    (B) by striking the comma after ``misconduct'';
            (2) by striking ``or'' after the semicolon at the end of 
        paragraph (2);
            (3) by striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(4) has committed an act of incompetence relating to the 
        operation of a vessel; or
            ``(5) is a security risk that poses a threat to the safety 
        or security of a vessel or a public or commercial structure 
        located within or adjacent to the marine environment.''.

SEC. 409. HOURS OF SERVICE ON TOWING VESSELS.

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

[[Page 118 STAT. 1045]]

    ``(c) The Secretary may prescribe by regulation requirements for 
maximum hours of service (including recording and recordkeeping of that 
service) of individuals engaged on a towing vessel that is at least 26 
feet in length measured from end to end over the deck (excluding the 
sheer).''.
    (b) Demonstration <<NOTE: Reports. 46 USC 8904 note.>> Project.--
Prior to prescribing regulations under this section the Secretary shall 
conduct and report to the Congress on the results of a demonstration 
project involving the implementation of Crew Endurance Management 
Systems on towing vessels. The report shall include a description of the 
public and private sector resources needed to enable implementation of 
Crew Endurance Management Systems on all United States-flag towing 
vessels.

SEC. 410. ELECTRONIC CHARTS.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended by inserting after section 4 the following: <<NOTE: 33 USC 
1223a.>> 

``SEC. 4A. ELECTRONIC CHARTS.

    ``(a) System Requirements.--
            ``(1) Requirements.--Subject to paragraph (2), the following 
        vessels, while operating on the navigable waters of the United 
        States, shall be equipped with and operate electronic charts 
        under regulations prescribed by the Secretary of the department 
        in which the Coast Guard is operating:
                    ``(A) A self-propelled commercial vessel of at least 
                65 feet overall length.
                    ``(B) A vessel carrying more than a number of 
                passengers for hire determined by the Secretary.
                    ``(C) A towing vessel of more than 26 feet in 
                overall length and 600 horsepower.
                    ``(D) Any other vessel for which the Secretary 
                decides that electronic charts are necessary for the 
                safe navigation of the vessel.
            ``(2) Exemptions and waivers.--The Secretary may--
                    ``(A) exempt a vessel from paragraph (1), if the 
                Secretary finds that electronic charts are not necessary 
                for the safe navigation of the vessel on the waters on 
                which the vessel operates; and
                    ``(B) waive the application of paragraph (1) with 
                respect to operation of vessels on navigable waters of 
                the United States specified by the Secretary, if the 
                Secretary finds that electronic charts are not needed 
                for safe navigation on those waters.

    ``(b) Regulations.--The <<NOTE: Deadline.>> Secretary of the 
department in which the Coast Guard is operating shall prescribe 
regulations implementing subsection (a) before January 1, 2007, 
including requirements for the operation and maintenance of the 
electronic charts required under subsection (a).''.

SEC. 411. PREVENTION OF DEPARTURE.

    (a) In General.--Section 3505 of title 46, United States Code, is 
amended to read as follows:

``Sec. 3505. Prevention of departure

    ``Notwithstanding section 3303 of this title, a foreign vessel 
carrying a citizen of the United States as a passenger or embarking 
passengers from a United States port may not depart from a United

[[Page 118 STAT. 1046]]

States port if the Secretary finds that the vessel does not comply with 
the standards stated in the International Convention for the Safety of 
Life at Sea to which the United States Government is currently a 
party.''.
    (b) Conforming Amendment.--Section 3303 of title 46, United States 
Code, is amended by inserting ``and section 3505'' after ``chapter 37''.

SEC. 412. SERVICE OF FOREIGN NATIONALS FOR MARITIME EDUCATIONAL 
            PURPOSES.

    Section 8103(b)(1)(A) of title 46, United State Code, is amended to 
read as follows:
            ``(A) each unlicensed seaman must be--
                    ``(i) a citizen of the United States;
                    ``(ii) an alien lawfully admitted to the United 
                States for permanent residence; or
                    ``(iii) a foreign national who is enrolled in the 
                United States Merchant Marine Academy.''.

SEC. 413. CLASSIFICATION SOCIETIES.

    (a) In General.--Section 3316 of title 46, United States Code, is 
amended by adding at the end the following:

    ``(c)(1) A classification society (including an employee or agent of 
that society) may not review, examine, survey, or certify the 
construction, repair, or alteration of a vessel in the United States 
unless--
                    ``(A) the society has applied for approval under 
                this subsection and the Secretary has reviewed and 
                approved that society with respect to the conduct of 
                that society under paragraph (2); or
                    ``(B) the society is a full member of the 
                International Association of Classification Societies.
            ``(2) The Secretary may approve a person for purposes of 
        paragraph (1) only if the Secretary determines that--
                    ``(A) the vessels surveyed by the person while 
                acting as a classification society have an adequate 
                safety record; and
                    ``(B) the person has an adequate program to--
                          ``(i) develop and implement safety standards 
                      for vessels surveyed by the person;
                          ``(ii) make the safety records of the person 
                      available to the Secretary in an electronic 
                      format;
                          ``(iii) provide the safety records of a vessel 
                      surveyed by the person to any other classification 
                      society that requests those records for the 
                      purpose of conducting a survey of the vessel; and
                          ``(iv) request the safety records of a vessel 
                      the person will survey from any classification 
                      society that previously surveyed the vessel.''.

    (b) Application.--Section <<NOTE: 46 USC 3316 note.>> 3316(c)(1) of 
title 46, United States Code, shall apply with respect to operation as a 
classification society on or after January 1, 2005.

SEC. 414. DRUG TESTING REPORTING.

    (a) In General.--Chapter 77 of title 46, United States Code, is 
amended by adding at the end:

[[Page 118 STAT. 1047]]

``Sec. 7706. Drug testing reporting

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

``7706. Drug testing reporting.''.

SEC. 415. INSPECTION OF TOWING VESSELS.

    (a) Vessels Subject to Inspection.--Section 3301 of title 46, United 
States Code, is amended by adding at the end the following:
            ``(15) towing vessels.''.

    (b) Safety Management System.--Section 3306 of chapter 33 of title 
46, United States Code, is amended by adding at the end the following:
    ``(j) The Secretary may establish by regulation a safety management 
system appropriate for the characteristics, methods of operation, and 
nature of service of towing vessels.''.

SEC. 416. POTABLE WATER.

    (a) In General.--Section 3305(a) of title 46, United States Code, is 
amended--
            (1) by redesignating paragraphs (4) and (5) in order as 
        paragraphs (5) and (6); and
            (2) by inserting after paragraph (3) the following:
            ``(4) has an adequate supply of potable water for drinking 
        and washing by passengers and crew;''.

    (b) Adequacy Determination.--Section 3305(a) of title 46, United 
States Code, as amended by subsection (a), is further amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by redesignating paragraphs (1) through (6) as 
        subparagraphs (A) through (F), respectively; and
            (3) by adding at the end the following:
            ``(2) In determining the adequacy of the supply of potable 
        water under paragraph (1)(D), the Secretary shall consider--
                    ``(A) the size and type of vessel;
                    ``(B) the number of passengers or crew on board;
                    ``(C) the duration and routing of voyages; and

[[Page 118 STAT. 1048]]

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

SEC. 417. TRANSPORTATION OF PLATFORM JACKETS.

    The thirteenth proviso (pertaining to transportation by launch 
barge) of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 
883) is amended to read as follows: ``Provided further, <<NOTE: Federal 
Register, publication. Deadlines.>> That the transportation of any 
platform jacket in or on a non-coastwise qualified launch barge, that 
was built before December 31, 2000, and has a launch capacity of 12,000 
long tons or more, between two points in the United States, at one of 
which there is an installation or other device within the meaning of 
section 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1333(a)), shall not be deemed transportation subject to this section if 
the Secretary of Transportation makes a determination, in accordance 
with procedures established pursuant to this proviso that a suitable 
coastwise-qualified vessel is not available for use in the 
transportation and, if needed, launch or installation of a platform 
jacket and; that the Secretary of Transportation shall adopt procedures 
implementing this proviso that are reasonably designed to provide timely 
information so as to maximize the use of coastwise qualified-vessels, 
which procedures shall, among other things, establish that for purposes 
of this proviso, a coastwise-qualified vessel shall be deemed to be not 
available only (1) if upon application by an owner or operator for the 
use of a non-coastwise qualified launch barge for transportation of a 
platform jacket under this section, which application shall include all 
relevant information, including engineering details and timing 
requirements, the Secretary promptly publishes a notice in the Federal 
Register describing the project and the platform jacket involved, 
advising that all relevant information reasonably needed to assess the 
transportation requirements for the platform jacket will be made 
available to interested parties upon request, and requesting that 
information on the availability of coastwise-qualified vessels be 
submitted within 30 days after publication of that notice; and (2) if 
either (A) no information is submitted to the Secretary within that 30 
day period, or (B) although the owner or operator of a coastwise-
qualified vessel submits information to the Secretary asserting that the 
owner or operator has a suitable coastwise-qualified vessel available 
for this transportation, the Secretary, within 90 days of the date on 
which the notice is first published determines that the coastwise-
qualified vessel is not suitable or reasonably available for the 
transportation; and that, for the purposes of this proviso, the term 
`coastwise-qualified vessel' means a vessel that has been issued a 
certificate of documentation with a coastwise endorsement under section 
12106 of title 46, United States Code, and the term `platform jacket' 
refers to a single physical component and includes any type of offshore 
exploration, development, or production structure or component thereof, 
including platform jackets, tension leg or SPAR platform superstructures 
(including the deck, drilling rig and support utilities, and supporting 
structure), hull (including vertical legs and connecting pontoons or 
vertical cylinder), tower and base sections of a platform jacket, jacket 
structures, and deck modules (known as `topsides').''.

[[Page 118 STAT. 1049]]

SEC. 418. RENEWAL OF ADVISORY GROUPS.

    (a) Commercial Fishing Industry Vessel Safety Advisory Committee.--
Section 4508(e)(1) of title 46, United States Code, is amended by 
striking ``of September 30, 2005'' and inserting ``on September 30, 
2010''.
    (b) Houston-Galveston Navigation Safety Advisory Committee.--Section 
18 of the Coast Guard Authorization Act of 1991 (Public Law 102-241; 105 
Stat. 2213) is amended--
            (1) in subsection (b) by striking ``eighteen'' and inserting 
        ``19'';
            (2) by adding at the end of subsection (b) the following:
            ``(12) One member representing recreational boating 
        interests.''; and
            (3) in subsection (h) by striking ``September 30, 2005'' and 
        inserting ``September 30, 2010''.

    (c) Lower Mississippi River Waterway Safety Advisory Committee.--
Section 19(g) of the Coast Guard Authorization Act of 1991 (Public Law 
102-241) <<NOTE: 110 Stat. 3918.>> is amended by striking ``September 
30, 2005'' and inserting ``September 30, 2010''.

    (d) Great Lakes Pilotage Advisory Committee.--Section 9307(f)(1) of 
title 46, United States Code, is amended by striking ``September 30, 
2005'' and inserting ``September 30, 2010''.
    (e) Navigation Safety Advisory Council.--Section 5(d) of the Inland 
Navigational Rules Act of 1980 (33 U.S.C. 2073(d)) is amended by 
striking ``September 30, 2005'' and inserting ``September 30, 2010''.
    (f) National Boating Safety Advisory Council.--Section 13110(e) of 
title 46, United States Code, is amended by striking ``September 30, 
2005'' and inserting ``September 30, 2010''.
    (g) Towing Safety Advisory Committee.--Public Law 96-380 (33 U.S.C. 
1231a) is amended in subsection (e) by striking ``September 30, 2005'' 
and inserting ``September 30, 2010''.

                  TITLE V--FEDERAL MARITIME COMMISSION

SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL MARITIME 
            COMMISSION.

    There are authorized to be appropriated to the Federal Maritime 
Commission--
            (1) for fiscal year 2005, $19,500,000;
            (2) for fiscal year 2006, $20,750,000;
            (3) for fiscal year 2007, $21,500,000; and
            (4) for fiscal year 2008, $22,575,000.

SEC. 502. REPORT ON OCEAN SHIPPING INFORMATION GATHERING EFFORTS.

    The Federal Maritime Commission shall transmit to the Senate 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report within 90 days after the date of the enactment 
of this Act on the status of any agreements, or ongoing discussions 
with, other Federal, State, or local government agencies concerning the 
sharing of ocean shipping information for the purpose of assisting law 
enforcement or anti-terrorism

[[Page 118 STAT. 1050]]

efforts. The Commission shall include in the report recommendations on 
how the Commission's ocean shipping information could be better utilized 
by it and other Federal agencies to improve port security.

                         TITLE VI--MISCELLANEOUS

SEC. 601. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN BRIDGE 
            STATUTES.

    (a) General Bridge Act of 1906.--Section 5(b) of Act of March 23, 
1906 (chapter 1130; 33 U.S.C. 495), popularly known as the General 
Bridge Act, is amended by striking ``$1,000'' and inserting ``$5,000 for 
a violation occurring in 2004; $10,000 for a violation occurring in 
2005; $15,000 for a violation occurring in 2006; $20,000 for a violation 
occurring in 2007; and $25,000 for a violation occurring in 2008 and any 
year thereafter''.
    (b) Drawbridges.--Section 5(c) of the Act entitled ``An Act making 
appropriations for the construction, repair, and preservation of certain 
public works on rivers and harbors, and for other purposes'', approved 
August 18, 1894 (33 U.S.C. 499(c)), is amended by striking ``$1,000'' 
and inserting ``$5,000 for a violation occurring in 2004; $10,000 for a 
violation occurring in 2005; $15,000 for a violation occurring in 2006; 
$20,000 for a violation occurring in 2007; and $25,000 for a violation 
occurring in 2008 and any year thereafter''.
    (c) Alteration, Removal, or Repair of Bridges.--Section 18(c) of the 
Act entitled ``An Act making appropriations for the construction, 
repair, and preservation of certain public works on rivers and harbors, 
and for other purposes'', approved March 3, 1899 (33 U.S.C. 502(c)) is 
amended by striking ``$1,000'' and inserting ``$5,000 for a violation 
occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 
for a violation occurring in 2006; $20,000 for a violation occurring in 
2007; and $25,000 for a violation occurring in 2008 and any year 
thereafter''.
    (d) General Bridge Act of 1946.--Section 510(b) of the General 
Bridge Act of 1946 (33 U.S.C. 533(b)) is amended by striking ``$1,000'' 
and inserting ``$5,000 for a violation occurring in 2004; $10,000 for a 
violation occurring in 2005; $15,000 for a violation occurring in 2006; 
$20,000 for a violation occurring in 2007; and $25,000 for a violation 
occurring in 2008 and any year thereafter''.

SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTERS.

    (a) In General.--The Commandant of the Coast Guard may convey all 
right, title, and interest of the United States in and to a vessel 
described in subsection (b) to the person designated in subsection (b) 
with respect to the vessel (in this section referred to as the 
``recipient''), without consideration, if the person complies with the 
conditions under subsection (c).
    (b) Vessels Described.--The vessels referred to in subsection (a) 
are the following:
            (1) The Coast Guard Cutter BRAMBLE, to be conveyed to the 
        Port Huron Museum of Arts and History (a nonprofit corporation 
        under the laws of the State of Michigan), located in Port Huron, 
        Michigan.

[[Page 118 STAT. 1051]]

            (2) The Coast Guard Cutter PLANETREE, to be conveyed to 
        Jewish Life (a nonprofit corporation under the laws of the State 
        of California), located in Sherman Oaks, California.
            (3) The Coast Guard Cutter SUNDEW, to be conveyed to Duluth 
        Entertainment and Convention Center Authority (a nonprofit 
        corporation under the laws of the State of Minnesota), located 
        in Duluth, Minnesota.

    (c) Conditions.--As a condition of any conveyance of a vessel under 
subsection (a), the Commandant shall require the recipient--
            (1) to agree--
                    (A) to use the vessel for purposes of education and 
                historical display;
                    (B) not to use the vessel for commercial 
                transportation purposes;
                    (C) to make the vessel available to the United 
                States Government if needed for use by the Commandant in 
                time of war or a national emergency; and
                    (D) to hold the Government harmless for any claims 
                arising from exposure to hazardous materials, including 
                asbestos and polychlorinated biphenyls (PCBs), after 
                conveyance of the vessel, except for claims arising from 
                use of the vessel by the Government under subparagraph 
                (C);
            (2) to have funds available that will be committed to 
        operate and maintain the vessel conveyed in good working 
        condition--
                    (A) in the form of cash, liquid assets, or a written 
                loan commitment; and
                    (B) in an amount of at least $700,000; and
            (3) to agree to any other conditions the Commandant 
        considers appropriate.

    (d) Maintenance and Delivery of Vessel.--Prior to conveyance of a 
vessel under this section, the Commandant may, to the extent practical, 
and subject to other Coast Guard mission requirements, make every effort 
to maintain the integrity of the vessel and its equipment until the time 
of delivery. The Commandant shall deliver a vessel conveyed under this 
section at the place where the vessel is located, in its present 
condition, and without cost to the Government. The conveyance of a 
vessel under this section shall not be considered a distribution in 
commerce for purposes of section 6(e) of the Toxic Substances Control 
Act (15 U.S.C. 2605(e)).
    (e) Other Excess Equipment.--The Commandant may convey to the 
recipient of a vessel under this section any excess equipment or parts 
from other decommissioned Coast Guard vessels for use to enhance the 
vessel's operability and function as an historical display.

SEC. 603. TONNAGE MEASUREMENT.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating may apply section 8104(o)(2) of title 46, United 
States Code, to the vessels described in subsection (b) without regard 
to the tonnage of those vessels.
    (b) Vessels Described.--The vessels referred to in subsection (a) 
are the following:
            (1) The M/V BLUEFIN (United States official number 620431).

[[Page 118 STAT. 1052]]

            (2) The M/V COASTAL MERCHANT (United States official number 
        1038382).

    (c) Application.--Subsection (a) shall not apply to a vessel 
described in subsection (b)--
            (1) until the Secretary determines that the application of 
        subsection (a) will not compromise safety; and
            (2) on or after any date on which the Secretary determines 
        that the vessel has undergone any major modification.

SEC. 604. OPERATION OF VESSEL STAD AMSTERDAM.

    (a) In General.--Notwithstanding section 8 of the Act of June 19, 
1886 (46 App. U.S.C. 289), and the ruling by the Acting Director of the 
International Trade Compliance Division of the Customs Service on May 
17, 2002 (Customs Bulletins and Decisions, Vol. 36, No. 23, June 5, 
2002), the vessel STAD AMSTERDAM (International Maritime Organization 
number 9185554) shall be authorized to carry within United States waters 
and between ports or places in the United States individuals who are not 
directly and substantially connected with the operation, navigation, 
ownership, or business of the vessel, who are friends, guests, or 
employees of the owner of the vessel, and who are not actual or 
prospective customers for hire of the vessel.

    (b) Limitation.--This section does not authorize the vessel STAD 
AMSTERDAM--
            (1) to be used to carry individuals for a fare or to be 
        chartered on a for hire basis in the coastwise trade; or
            (2) to carry individuals described in subsection (a) within 
        United States waters and between ports or places in the United 
        States for more than 45 calendar days in any calendar year.

    (c) Revocation.--The Secretary of the department in which the Coast 
Guard is operating shall revoke the authorization provided by subsection 
(a) if the Secretary determines that the STAD AMSTERDAM has been 
operated in violation of the limitations imposed by subsection (b).

SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.

    (a) Authority To Designate Institute.--The Secretary of 
Transportation may designate a National Maritime Enhancement Institute 
for the Great Lakes region under section 8 of the Act of October 13, 
1989 (103 Stat. 694; 46 U.S.C. App. 1121-2). In making any decision on 
the designation of such an institute, the Secretary shall consider the 
unique characteristics of Great Lakes maritime industry and trade.
    (b) Study and Report.--
            (1) In general.--The Secretary of Transportation shall 
        conduct a study that--
                    (A) evaluates short sea shipping market 
                opportunities on the Great Lakes, including the expanded 
                use of freight ferries, improved mobility, and regional 
                supply chain efficiency;
                    (B) evaluates markets for foreign trade between 
                ports on the Great Lakes and draft-limited ports in 
                Europe and Africa;
                    (C) evaluates the environmental benefits of 
                waterborne transportation in the Great Lakes region;

[[Page 118 STAT. 1053]]

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

SEC. 606. <<NOTE: Alaska.>> KOSS COVE.

    (a) In General.--Notwithstanding any other provision of law or 
existing policy, the cove described in subsection (b) shall be known and 
designated as ``Koss Cove'', in honor of the late Able Bodied Seaman 
Eric Steiner Koss of the National Oceanic and Atmospheric Administration 
vessel RAINIER who died in the performance of a nautical charting 
mission off the coast of Alaska.
    (b) Cove Described.--The cove referred to in subsection (a) is--
            (1) adjacent to and southeast of Point Elrington, Alaska, 
        and forms a portion of the southern coast of Elrington Island;
            (2) \3/4\ mile across the mouth;
            (3) centered at 59 degrees 56.1 minutes North, 148 degrees 
        14 minutes West; and
            (4) 45 miles from Seward, Alaska.

    (c) References.--Any reference in any law, regulation, document, 
record, map, or other paper of the United States to the cove described 
in subsection (b) is deemed to be a reference to Koss Cove.

[[Page 118 STAT. 1054]]

SEC. 607. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. 
U.S.C. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81, chapter 
421; 46 App. U.S.C. 289), and section 12106 of title 46, United States 
Code, the Secretary of the department in which the Coast Guard is 
operating may issue a certificate of documentation with appropriate 
endorsement for employment in the coastwise trade for the following 
vessels:
            (1) OCEAN LEADER (United States official number 679511).
            (2) REVELATION (United States official number 1137565).
            (3) W. N. RAGLAND (Washington State registration number 
        WN5506NE).
            (4) M/T MISS LINDA (United States official number 1140552).

SEC. 608. REQUIREMENTS FOR COASTWISE ENDORSEMENT.

    (a) In General.--Section 12106 of title 46, United States Code, is 
amended--
            (1) by striking subsection (e)(1)(B) and inserting the 
        following:
            ``(B) the person that owns the vessel (or, if the vessel is 
        owned by a trust or similar arrangement, the beneficiary of the 
        trust or similar arrangement) meets the requirements of 
        subsection (f);''; and
            (2) by adding at the end the following:

    ``(f) Ownership Certification Requirement.--
            ``(1) In general.--A person meets the requirements of this 
        subsection if that person transmits to the Secretary each year 
        the certification required by paragraph (2) or (3) with respect 
        to a vessel.
            ``(2) Investment certification.--To meet the certification 
        requirement of this paragraph, a person shall certify that it--
                    ``(A) is a leasing company, bank, or financial 
                institution;
                    ``(B) owns, or holds the beneficial interest in, the 
                vessel solely as a passive investment;
                    ``(C) does not operate any vessel for hire and is 
                not an affiliate of any person who operates any vessel 
                for hire; and
                    ``(D) is independent from, and not an affiliate of, 
                any charterer of the vessel or any other person who has 
                the right, directly or indirectly, to control or direct 
                the movement or use of the vessel.
            ``(3) Certain tank vessels.--
                    ``(A) In general.--To meet the certification 
                requirement of this paragraph, a person shall certify 
                that--
                          ``(i) the aggregate book value of the vessels 
                      owned by such person and United States affiliates 
                      of such person does not exceed 10 percent of the 
                      aggregate book value of all assets owned by such 
                      person and its United States affiliates;
                          ``(ii) not more than 10 percent of the 
                      aggregate revenues of such person and its United 
                      States affiliates is derived from the ownership, 
                      operation, or management of vessels;
                          ``(iii) at least 70 percent of the aggregate 
                      tonnage of all cargo carried by all vessels owned 
                      by such person

[[Page 118 STAT. 1055]]

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

[[Page 118 STAT. 1056]]

                          ``(ii) oil, petroleum products, 
                      petrochemicals, or liquefied natural gas cargo not 
                      beneficially owned by the person who submits to 
                      the Secretary an application or an annual 
                      certification under paragraph (3), or by an 
                      affiliate of such person, but that is carried in 
                      coastwise trade by a vessel owned by such person 
                      and which is part of an arrangement in which 
                      vessels owned by such person and at least one 
                      other person are operated collectively as one 
                      fleet, to the extent that an equal amount of oil, 
                      petroleum products, petrochemicals, or liquefied 
                      natural gas cargo beneficially owned by such 
                      person, or an affiliate of such person, is carried 
                      in coastwise trade on 1 or more other vessels, not 
                      owned by such person, or an affiliate of such 
                      person, if such other vessel or vessels are also 
                      part of the same arrangement;
                          ``(iii) in the case of a towing vessel 
                      associated with a non-self-propelled tank vessel 
                      where the 2 vessels function as a single self-
                      propelled vessel, oil, petroleum products, 
                      petrochemicals, or liquefied natural gas cargo 
                      that is beneficially owned by the person who owns 
                      both such towing vessel and the non-self-propelled 
                      tank vessel, or any United States affiliate of 
                      such person, immediately before, during, or 
                      immediately after such cargo is carried in 
                      coastwise trade on either of the 2 vessels; or
                          ``(iv) any oil, petroleum products, 
                      petrochemicals, or liquefied natural gas cargo 
                      carried on any vessel that is either a self-
                      propelled tank vessel having a length of at least 
                      210 meters or a tank vessel that is a liquefied 
                      natural gas carrier that--
                                    ``(I) was delivered by the builder 
                                of such vessel to the owner of such 
                                vessel after December 31, 1999; and
                                    ``(II) was purchased by a person for 
                                the purpose, and with the reasonable 
                                expectation, of transporting on such 
                                vessel liquefied natural gas or 
                                unrefined petroleum beneficially owned 
                                by the owner of such vessel, or an 
                                affiliate of such owner, from Alaska to 
                                the continental United States.
                    ``(F) United States affiliate.--The term `United 
                States affiliate' means, with respect to any person, an 
                affiliate the principal place of business of which is 
                located in the United States.''.

    (b) Treatment <<NOTE: 46 USC 12106 note.>> of Owner of Certain 
Vessels.--
            (1) In general.--Notwithstanding any other provision of law, 
        a person shall be treated as a citizen of the United States 
        under section 12102(a) of title 46, United States Code, section 
        2 of the Shipping Act, 1916 (46 U.S.C. App. 802), and section 27 
        of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), for 
        purposes of issuance of a coastwise endorsement under section 
        12106(e) of title 46, United States Code (as that section was in 
        effect on the day before the date of enactment of this Act), for 
        a vessel owned by the person on the date of enactment of this 
        Act, or any replacement vessel of a similar size and function, 
        if the person--

[[Page 118 STAT. 1057]]

                    (A) owned a vessel before January 1, 2001, that had 
                a coastwise endorsement under section 12106(e) of title 
                46, United States Code; and
                    (B) as of the date of the enactment of this Act, 
                derives substantially all of its revenue from leasing 
                vessels engaged in the transportation or distribution of 
                petroleum products and other cargo in Alaska.
            (2) Limitation on coastwise trade.--A vessel owned by a 
        person described in paragraph (1) for which a coastwise 
        endorsement is issued under section 12106(e) of title 46, United 
        States Code, may be employed in the coastwise trade only within 
        Alaska and in the coastwise trade to and from Alaska.
            (3) Termination.--The application of this subsection to a 
        person described in paragraph (1) shall terminate if all of that 
        person's vessels described in paragraph (1) are sold to a person 
        eligible to document vessels under section 12106(a) of title 46, 
        United States Code.

    (c) Application <<NOTE: 46 USC 12106 note.>> to Certain 
Certificates.--
            (1) In general.--The amendments made by this section, and 
        any regulations published after February 4, 2004, with respect 
        to coastwise endorsements, shall not apply to a certificate of 
        documentation, or renewal thereof, endorsed with a coastwise 
        endorsement for a vessel under section 12106(e) of title 46, 
        United States Code, or a replacement vessel of a similar size 
        and function, that was issued prior to the date of enactment of 
        this Act as long as the vessel is owned by the person named 
        therein, or by a subsidiary or affiliate of that person, and the 
        controlling interest in such owner has not been transferred to a 
        person that was not an affiliate of such owner as of the date of 
        enactment of this Act. Notwithstanding the preceding sentence, 
        however, the amendments made by this section shall apply, 
        beginning 3 years after the date of enactment of this Act, with 
        respect to offshore supply vessels (as defined in section 
        2101(19) of title 46, United States Code, as that section was in 
        effect on the date of enactment of this Act) with a certificate 
        of documentation endorsed with a coastwise endorsement as of the 
        date of enactment of this Act, and the Secretary of the 
        Department in which the Coast Guard is operating shall revoke 
        any such certificate if the vessel does not by then meet the 
        requirements of section 12106(e) of title 46, United States 
        Code, as amended by this section.
            (2) Replacement Vessel.--For the purposes of this 
        subsection, ``replacement vessel'' means--
                    (A) a temporary replacement vessel for a period of 
                not to exceed 180 days if the vessel described in 
                paragraph (1) is unavailable due to an act of God or a 
                marine casualty; or
                    (B) a permanent replacement vessel if--
                          (i) the vessel described in paragraph (1) is 
                      unavailable for more than 180 days due to an act 
                      of God or a marine casualty; or
                          (ii) a contract to purchase or construct such 
                      replacement vessel is executed not later than 
                      December 31, 2004.

    (d) Waiver.--The <<NOTE: 46 USC 12106 note.>> Secretary of 
Transportation shall waive or reduce the qualified proprietary cargo 
requirement of section


[[Page 118 STAT. 1058]]

12106(f)(3)(A)(iii) of title 46, United States Code, for a vessel if the 
person that owns the vessel (or, if the vessel is owned by a trust or 
similar arrangement, the beneficiary of the trust or similar 
arrangement) notifies the Secretary that circumstances beyond the direct 
control of such person or its affiliates prevent, or reasonably threaten 
to prevent, such person from satisfying such requirement, and the 
Secretary does not, with good cause, determine 
otherwise. <<NOTE: Applicability.>> The waiver or reduction shall apply 
during the period of time that such circumstances exist.

    (e) Regulations.--No <<NOTE: Deadline. 46 USC 12106 note.>> later 
than one year after the date of the enactment of this Act, the Secretary 
of the department in which the Coast Guard is operating shall prescribe 
final regulations to carry out this section, including amendments made 
by this section to section 12106 of title 46, United States Code.

SEC. 609. CORRECTION OF REFERENCES TO NATIONAL DRIVER REGISTER.

    Title 46, United States Code, is amended--
            (1) in section 7302--
                    (A) by striking ``section 206(b)(7) of the National 
                Driver Register Act of 1982 (23 U.S.C. 401 note)'' and 
                inserting ``30305(b)(5) of title 49''; and
                    (B) by striking ``section 205(a)(3)(A) or (B) of 
                that Act'' and inserting ``30304(a)(3)(A) or (B) of 
                title 49'';
            (2) in section 7702(d)(1)(B)(iii) by striking ``section 
        205(a)(3)(A) or (B) of the National Driver Register Act of 
        1982'' and inserting ``section 30304(a)(3)(A) or (B) of title 
        49''; and
            (3) in section 7703(3) by striking ``section 205(a)(3)(A) or 
        (B) of the National Driver Register Act of 1982'' and inserting 
        ``section 30304(a)(3)(A) or (B) of title 49''.

SEC. 610. <<NOTE: 33 USC 59kk.>> WATEREE RIVER.

    For purposes of bridge administration, the portion of the Wateree 
River in the State of South Carolina, from a point 100 feet upstream of 
the railroad bridge located at approximately mile marker 10.0 to a point 
100 feet downstream of such bridge, is declared to not be navigable 
waters of the United States for purposes of the General Bridge Act of 
1946 (33 U.S.C. 525 et seq.).

SEC. 611. <<NOTE: 46 USC 7302 note.>> MERCHANT MARINERS' DOCUMENTS PILOT 
            PROGRAM.

    The Secretary of the department in which the Coast Guard is 
operating may conduct a pilot program to demonstrate methods to improve 
processes and procedures for issuing merchant mariners' documents.

SEC. 612. CONVEYANCE.

    (a) Authority <<NOTE: Alaska.>> To Convey.--
            (1) In general.--Notwithstanding any other provision of law, 
        the Secretary of the department in which the Coast Guard is 
        operating shall convey, by an appropriate means of conveyance, 
        all right, title, and interest of the United States in and to 
        Sentinel Island, Alaska, to the entity to which the Sentinel 
        Island Light Station is conveyed under section 308(b) of the 
        National Historic Preservation Act (16 U.S.C. 470w-7(b)).
            (2) Identification of property.--The Secretary may identify, 
        describe, and determine the property to be conveyed under this 
        subsection.

[[Page 118 STAT. 1059]]

            (3) Limitation.--The Secretary may not under this section 
        convey--
                    (A) any historical artifact, including any lens or 
                lantern, located on property conveyed under this section 
                at or before the time of the conveyance; or
                    (B) any interest in submerged land.

    (b) General Terms and Conditions.--
            (1) In general.--Any conveyance of property under this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the terms and conditions required by 
                this section and other terms and conditions the 
                Secretary may consider appropriate, including the 
                reservation of easements and other rights on behalf of 
                the United States.
            (2) Reversionary interest.--In addition to any term or 
        condition established under this section, any conveyance of 
        property under this section shall be subject to the condition 
        that all right, title, and interest in the property, at the 
        option of the Secretary shall revert to the United States and be 
        placed under the administrative control of the Secretary, if--
                    (A) the property, or any part of the property--
                          (i) ceases to be available and accessible to 
                      the public, on a reasonable basis, for 
                      educational, park, recreational, cultural, 
                      historic preservation, or other similar purposes 
                      specified for the property in the terms of 
                      conveyance;
                          (ii) ceases to be maintained in a manner that 
                      is consistent with its present or future use as a 
                      site for Coast Guard aids to navigation or 
                      compliance with this section; or
                          (iii) ceases to be maintained in a manner 
                      consistent with the conditions in paragraph (4) 
                      established by the Secretary pursuant to the 
                      National Historic Preservation Act (16 U.S.C. 470 
                      et seq.); or
                    (B) <<NOTE: Deadline. Notification.>> at least 30 
                days before that reversion, the Secretary provides 
                written notice to the owner that the property is needed 
                for national security purposes.
            (3) Maintenance of navigation functions.--Any conveyance of 
        property under this section shall be made subject to the 
        conditions that the Secretary considers to be necessary to 
        assure that--
                    (A) the lights, antennas, and associated equipment 
                located on the property conveyed that are active aids to 
                navigation shall continue to be operated and maintained 
                by the United States for as long as they are needed for 
                this purpose;
                    (B) the owner of the property may not interfere or 
                allow interference in any manner with aids to navigation 
                without express written permission from the Commandant 
                of the Coast Guard;
                    (C) there is reserved to the United States the right 
                to relocate, replace, or add any aids to navigation or 
                make any changes to the property conveyed as may be 
                necessary for navigational purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property without notice for the 
                purpose of operating, maintaining, and inspecting aids 
                to navigation

[[Page 118 STAT. 1060]]

                and for the purpose of enforcing compliance with this 
                subsection; and
                    (E) the United States shall have an easement of 
                access to and across the property for the purpose of 
                maintaining the aids to navigation in use on the 
                property.
            (4) Maintenance of property.--
                    (A) In general.--Subject to subparagraph (B), the 
                owner of a property conveyed under this section shall 
                maintain the property in a proper, substantial, and 
                workmanlike manner, and in accordance with any 
                conditions established by the Secretary pursuant to the 
                National Historic Preservation Act (16 U.S.C. 470 et 
                seq.) and other applicable laws.
                    (B) Limitation.--The owner of a property conveyed 
                under this section is not required to maintain any 
                active aids to navigation on the property, except 
                private aids to navigation authorized under section 83 
                of title 14, United States Code.

    (c) Definitions.--In this section, the following definitions apply:
            (1) Aids to navigation.--The term ``aids to navigation'' 
        means equipment used for navigation purposes, including a light, 
        antenna, radio, sound signal, electronic navigation equipment, 
        or other associated equipment that are operated or maintained by 
        the United States.
            (2) Owner.--The term ``owner'' means, for property conveyed 
        under this section, the person to which property is conveyed 
        under subsection (a)(1), and any successor or assign of that 
        person.

SEC. 613. BRIDGE ADMINISTRATION.

    Section 325(b) of the Department of Transportation and Related 
Agencies Appropriations Act, 1983 (Pub. L. 97-369; 96 Stat. 1765) is 
amended by striking ``provides at least thirty feet of vertical 
clearance Columbia River datum and at least eighty feet of horizontal 
clearance, as'' and inserting ``is so''.

SEC. 614. SENSE OF CONGRESS REGARDING CARBON MONOXIDE AND WATERCRAFT.

    It is the sense of the Congress that the Coast Guard should 
continue--
            (1) to place a high priority on addressing the safety risks 
        posed to boaters by elevated levels of carbon monoxide that are 
        unique to watercraft; and
            (2) to work with vessel and engine manufacturers, the 
        American Boat & Yacht Council, other Federal agencies, and the 
        entire boating community in order to determine the best ways to 
        adequately address this public safety issue and minimize the 
        number of tragic carbon monoxide-related boating deaths that 
        occur each year.

SEC. 615. MITIGATION OF PENALTY DUE TO AVOIDANCE OF A CERTAIN CONDITION.

    (a) Treatment of Violation.--For purposes of any administrative 
proceeding to consider mitigation of any civil penalty for a violation 
described in subsection (b), such violation is deemed to have been 
committed by reason of a safety concern.

[[Page 118 STAT. 1061]]

    (b) Violation Described.--A violation referred to in subsection (a) 
is any violation of the Act of June 19, 1886 (chapter 421; 46 App. 
U.S.C. 289), occurring before April 1, 2003, and consisting of operation 
of a passenger vessel in transporting passengers between the Port of New 
Orleans and another port on the Gulf of Mexico at a time when the master 
of the vessel determined that the vertical clearance on the Mississippi 
River at Chalmette, Louisiana, was insufficient to allow the safe return 
transport of passengers on that vessel to the Port of New Orleans.
    (c) Related Penalty Amount.--Any civil penalty assessed for a 
violation of that Act by a vessel described in subsection (b), that was 
committed when that vessel was repositioning to the Port of New Orleans 
in July 2003, shall be mitigated to an amount not to exceed $100 per 
passenger.

SEC. 616. CERTAIN VESSELS TO BE TOUR VESSELS.

    (a) Vessels <<NOTE: Alaska.>> Deemed Tour Vessels.--Notwithstanding 
any other law, a passenger vessel that is not less than 100 gross tons 
and not greater than 300 gross tons is deemed to be a tour vessel for 
the purpose of permit allocation regulations under section 3(h) of 
Public Law 91-383 (16 U.S.C. 1a-2(h)) and section 3 of the Act of August 
25, 1916 (16 U.S.C. 3), with respect to vessel operations in Glacier Bay 
National Park and Preserve, Alaska (in this section referred to as 
``Glacier Bay''), if the Secretary of the department in which the Coast 
Guard is operating determines that the vessel--
            (1) has equipment installed that permits all graywater and 
        blackwater to be stored on board for at least 24 hours;
            (2) has a draft of not greater than 15 feet;
            (3) has propulsion equipment of not greater than 5,000 
        horsepower; and
            (4) is documented under the laws of the United States.

    (b) Reallocation of Permits.--
            (1) Reallocation required.--Subject to paragraph (2), the 
        Secretary of the Interior, upon application by the operator of a 
        passenger vessel deemed to be a tour vessel under subsection 
        (a), shall reallocate to that vessel any available tour vessel 
        concession permit not used by another vessel, if at the time of 
        application that permit is not sought by a tour vessel of less 
        than 100 gross tons.
            (2) Limitations.--No more than three passenger vessels that 
        are deemed to be a tour vessel under subsection (a) may hold a 
        tour vessel concession permit at any given time, and no more 
        than one such vessel may enter Glacier Bay on any particular 
        date.

    (c) Compliance With Vessel Requirements.--
            (1) Requirement to comply.--Except as otherwise provided in 
        this section, a vessel reallocated a tour vessel concession 
        permit under this section shall comply with all regulations and 
        requirements for Glacier Bay applicable to vessels of at least 
        100 gross tons.
            (2) Revocation of permit.--The Secretary of the Interior may 
        revoke a tour vessel concession permit reallocated to a vessel 
        under this section if that vessel--
                    (A) discharges graywater or blackwater in Glacier 
                Bay; or

[[Page 118 STAT. 1062]]

                    (B) violates a vessel operating requirement for 
                Glacier Bay that applies to vessels that are at least 
                100 gross tons, including restrictions pertaining to 
                speed, route, and closed waters.

    (d) Treatment of Entries Into Glacier Bay.--An entry into Glacier 
Bay by a vessel reallocated a tour vessel concession permit under this 
section shall count against the daily vessel quota and seasonal-use days 
applicable to entries by tour vessels and shall not count against the 
daily vessel quota or seasonal-use days of any other class of vessel.

SEC. 617. SENSE OF CONGRESS REGARDING TIMELY REVIEW AND ADJUSTMENT OF 
            GREAT LAKES PILOTAGE RATES.

    It is the sense of the Congress that the Secretary of the department 
in which the Coast Guard is operating should, on a timely basis, review 
and adjust the rates payable under part 401 of title 46, Code of Federal 
Regulations, for services performed by United States registered pilots 
on the Great Lakes.

SEC. 618. WESTLAKE CHEMICAL BARGE DOCUMENTATION.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. 
U.S.C. 883) and section 12106 of title 46, United States Code, the 
Secretary of the department in which the Coast Guard is operating may 
issue a certificate of documentation with appropriate endorsement for 
employment in the coastwise trade for each of the following vessels:
            (1) Barge WCAO-101 (United States official number 506677).
            (2) Barge WCAO-102 (United States official number 506851).
            (3) Barge WCAO-103 (United States official number 506852).
            (4) Barge WCAO-104 (United States official number 507172).
            (5) Barge WCAO-105 (United States official number 507173).
            (6) Barge WCAO-106 (United States official number 620514).
            (7) Barge WCAO-107 (United States official number 620515).
            (8) Barge WCAO-108 (United States official number 620516).
            (9) Barge WCAO-3002 (United States official number 295147).
            (10) Barge WCAO-3004 (United States official number 517396).

SEC. 619. <<NOTE: 8 USC 1701.>> CORRECTION TO DEFINITION.

    Paragraph (4) of section 2 of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (Public Law 107-173) is amended by striking 
subparagraph (G) and inserting the following:
                    ``(G) The Coast Guard.''.

SEC. 620. LORAN-C.

    There are authorized to be appropriated to the Department of 
Transportation, in addition to funds authorized for the Coast Guard for 
operation of the LORAN-C system, for capital expenses related to LORAN-C 
navigation infrastructure, $25,000,000 for

[[Page 118 STAT. 1063]]

fiscal year 2005. The Secretary of Transportation may transfer from the 
Federal Aviation Administration and other agencies of the Department 
funds appropriated as authorized under this section in order to 
reimburse the Coast Guard for related expenses.

SEC. 621. DEEPWATER REPORT.

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

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

    Section 1153 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Commandant Seeking Judicial Review of Maritime Matters.--If 
the Commandant of the Coast Guard decides that an order of the Board 
issued pursuant to a review of a Coast Guard action under section 1133 
of this title will have an adverse impact on maritime safety or 
security, the Commandant may obtain judicial review of the order under 
subsection (a). The Commandant, in the official capacity of the 
Commandant, shall be a party to the judicial review proceedings.''.

SEC. 623. <<NOTE: 33 USC 1901 note.>> INTERIM AUTHORITY FOR DRY BULK 
            CARGO RESIDUE DISPOSAL.

    (a) Extension of Interim Authority.--The Secretary of the Department 
in which the Coast Guard is operating shall continue to implement and 
enforce United States Coast Guard 1997 Enforcement Policy for Cargo 
Residues on the Great Lakes (hereinafter

[[Page 118 STAT. 1064]]

in this section referred to as the ``Policy'') or revisions thereto, in 
accordance with that policy, for the purpose of regulating incidental 
discharges from vessels of residues of dry bulk cargo into the waters of 
the Great Lakes under the jurisdiction of the United States, until the 
earlier of--
            (1) the date regulations are promulgated under subsection 
        (b) for the regulation of incidental discharges from vessels of 
        dry bulk cargo residue into the waters of the Great Lakes under 
        the jurisdiction of the United States; or
            (2) September 30, 2008.

    (b) Permanent Authority.--Notwithstanding any other law, the 
Commandant of the Coast Guard may promulgate regulations governing the 
discharge of dry bulk cargo residue on the Great Lakes.
    (c) Environmental <<NOTE: Deadline.>> Assessment.--No later than 90 
days after the date of the enactment of this Act, the Secretary of the 
department in which the Coast Guard is operating shall commence the 
environmental assessment necessary to promulgate the regulations under 
subsection (b).

SEC. 624. SMALL PASSENGER VESSEL REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall study and report to the Congress 
regarding measures that should be taken to increase the likelihood of 
survival of passengers on small passenger vessels who may be in the 
water resulting from the capsizing of, sinking of, or other marine 
casualty involving the small passenger vessel. The study shall include a 
review of the adequacy of existing measures--
            (1) to keep the passengers out of the water, including 
        inflatable life rafts and other out-of-the-water survival 
        crafts;
            (2) to protect individuals from hypothermia and cold shock 
        in water having a temperature of less than 68 degrees 
        Fahrenheit;
            (3) for safe egress of passengers wearing personal flotation 
        devices; and
            (4) for the enforcement efforts and degree of compliance 
        regarding the 1996 amendments to the Small Passenger Vessel 
        Regulations (part 185 of title 46, Code of Federal Regulations) 
        requiring the master of a small passenger vessel to require 
        passengers to wear personal flotation devices when possible 
        hazardous conditions exist including--
                    (A) when transiting hazardous bars or inlets;
                    (B) during severe weather;
                    (C) in the event of flooding, fire, or other events 
                that may call for evacuation; and
                    (D) when the vessel is being towed, except during 
                the towing of a non-self-propelled vessel under normal 
                operating conditions.

    (b) Contents.--The report under this section shall include--
            (1) a section regarding the efforts the Coast Guard has 
        undertaken to enforce the regulations described in subsection 
        (a)(4);
            (2) a section detailing compliance with these regulations, 
        to include the number of vessels and masters cited for 
        violations of those regulations for fiscal years 1998 through 
        2003;

[[Page 118 STAT. 1065]]

            (3) a section detailing the number and types of marine 
        casualties that occurred in fiscal years 1998 through 2003 that 
        included violations of those regulations; and
            (4) a section providing recommendation on improving 
        compliance with, and possible modifications to, those 
        regulations.

SEC. 625. CONVEYANCE OF MOTOR LIFEBOAT.

    (a) In General.--The Commandant of the Coast Guard shall convey all 
right, title, and interest of the United States in and to the Coast 
Guard 44-foot Motor Lifeboat Vessel #44345 formerly assigned to the 
Group Grand Haven Command, to the city of Ludington, Michigan, without 
consideration, if the recipient complies with the conditions under 
subsection (b).

    (b) Conditions.--As a condition of any conveyance of a vessel under 
subsection (a), the Commandant shall require the recipient to--
            (1) agree--
                    (A) to use the vessel for purposes of education and 
                historical display;
                    (B) not to use the vessel for commercial 
                transportation purposes;
                    (C) to make the vessel available to the United 
                States Government if needed for use by the Commandant in 
                time of war or a national emergency; and
                    (D) to hold the Government harmless for any claims 
                arising from exposure to hazardous materials, including 
                asbestos and polychlorinated biphenyls (PCBs), after 
                conveyance of the vessel, except for claims arising from 
                use of the vessel by the Government under subparagraph 
                (C);
            (2) have funds available that will be committed to operate 
        and maintain the vessel conveyed in good working condition, in 
        the form of cash, liquid assets, or a written loan commitment; 
        and
            (3) agree to any other conditions the Commandant considers 
        appropriate.

    (c) Maintenance and Delivery of Vessel.--Before conveying a vessel 
under this section, the Commandant shall, to the extent practical, and 
subject to other Coast Guard mission requirements, make every effort to 
maintain the integrity of the vessel and its equipment until the time of 
delivery. The Commandant shall deliver a vessel conveyed under this 
section at the place where the vessel is located, in its present 
condition, and without cost to the Government. The conveyance of a 
vessel under this section shall not be considered a distribution in 
commerce for purposes of section 6(e) of Public Law 94-469 (15 U.S.C. 
2605(e)).
    (d) Other Excess Equipment.--The Commandant may convey to the 
recipient of a vessel under this section any excess equipment or parts 
from other decommissioned Coast Guard vessels for use to enhance the 
vessel's operability and function as an historical display.

SEC. 626. STUDY ON ROUTING MEASURES.

    The Secretary of the department in which the Coast Guard is 
operating--
            (1) shall cooperate with the Administrator of the National 
        Oceanic and Atmospheric Administration in analyzing potential

[[Page 118 STAT. 1066]]

        vessel routing measures for reducing vessel strikes of North 
        Atlantic Right Whales, as described in the notice published at 
        pages 30857 through 30861 of volume 69 of the Federal Register; 
        and
            (2) <<NOTE: Deadline. Reports.>> within 18 months after the 
        date of the enactment of this Act, shall provide a final report 
        of its analysis to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives.

SEC. 627. CONVEYANCE OF LIGHT STATIONS.

    Section 308(c) of the National Historic Preservation Act (16 U.S.C. 
470w-7(c)) is amended by adding at the end the following:
            ``(4) Light stations originally conveyed under other 
        authority.--Upon receiving notice of an executed or intended 
        conveyance by an owner who--
                    ``(A) received from the Federal Government under 
                authority other than this Act an historic light station 
                in which the United States retains a reversionary or 
                other interest; and
                    ``(B) is conveying it to another person by sale, 
                gift, or any other manner,
        the Secretary shall review the terms of the executed or proposed 
        conveyance to ensure that any new owner is capable of or is 
        complying with any and all conditions of the original 
        conveyance. The Secretary may require the parties to the 
        conveyance and relevant Federal agencies to provide such 
        information as is necessary to complete this review. If the 
        Secretary determines that the new owner has not or is unable to 
        comply with those conditions, the Secretary shall immediately 
        advise the Administrator, who shall invoke any reversionary 
        interest or take such other action as may be necessary to 
        protect the interests of the United States.''.

SEC. 628. WAIVER.

    The Secretary of the department in which the Coast Guard is 
operating may waive the application of section 2101(21) of title 46, 
United States Code, with respect to one of two adult chaperones who do 
not meet the requirements of subparagraph (A)(i), (ii), or (iii) of such 
section on board each vessel owned or chartered by the Florida National 
High Adventure Sea Base program of the Boy Scouts of America, if the 
Secretary determines that such a waiver will not compromise safety.

SEC. 629. APPROVAL OF MODULAR ACCOMMODATION UNITS FOR LIVING QUARTERS.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall approve the use of a modular accommodation unit 
on a floating offshore facility to provide accommodations for up to 12 
individuals, if --
            (1) the unit is approximately 12 feet in length and 40 feet 
        in width;
            (2) before March 31, 2002--
                    (A) the Secretary approved use of the unit to 
                provide accommodations on such a facility; and
                    (B) the unit was used to provide such 
                accommodations; and

[[Page 118 STAT. 1067]]

            (3) the Secretary determines that use of the unit under the 
        approval will not compromise safety.

    (b) Application.--The approval by the Secretary under this section 
shall apply for the 5-year period beginning on the date of the enactment 
of this Act.

       TITLE VII--AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990

SEC. 701. VESSEL RESPONSE PLANS FOR NONTANK VESSELS OVER 400 GROSS TONS.

    (a) Nontank Vessel Defined.--Section 311(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (24)(B);
            (2) by striking ``threat.'' in paragraph (25) and inserting 
        ``threat; and''; and
            (3) by adding at the end the following:
            ``(26) `nontank vessel' means a self-propelled vessel of 400 
        gross tons as measured under section 14302 of title 46, United 
        States Code, or greater, other than a tank vessel, that carries 
        oil of any kind as fuel for main propulsion and that--
                    ``(A) is a vessel of the United States; or
                    ``(B) operates on the navigable waters of the United 
                States.''.

    (b) Amendments To Require Response Plans.--Section 311(j) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended--
            (1) in paragraph (5) in the heading by inserting ``, nontank 
        vessel,'' after ``vessel'';
            (2) in paragraph (5)(A)--
                    (A) by inserting: ``(i)'' after ``(A)''; and
                    (B) by adding at the end the following:
            ``(ii) <<NOTE: President. Regulations.>> The President shall 
        also issue regulations which require an owner or operator of a 
        non-tank vessel to prepare and submit to the President a plan 
        for responding, to the maximum extent practicable, to a worst 
        case discharge, and to a substantial threat of such a discharge, 
        of oil.'';
            (3) in paragraph (5)(B), in the matter preceding clause (i), 
        by inserting ``, nontank vessels,'' after ``vessels'';
            (4) in paragraph (5)(B), by redesignating clauses (ii) and 
        (iii) as clauses (iii) and (iv), respectively, and by inserting 
        after clause (i) the following:
                    ``(ii) A nontank vessel.'';
            (5) in paragraph (5)(D)--
                    (A) by inserting ``, nontank vessel,'' after 
                ``vessel'';
                    (B) by striking ``and'' after the semicolon at the 
                end of clause (iii);
                    (C) by striking the period at the end of clause (iv) 
                and inserting ``; and''; and
                    (D) by adding after clause (iv) the following:
                    ``(v) in the case of a plan for a nontank vessel, 
                consider any applicable State-mandated response plan in 
                effect on the date of the enactment of the Coast Guard 
                and Maritime Transportation Act of 2004 and ensure 
                consistency to the extent practicable.'';

[[Page 118 STAT. 1068]]

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

    (c) Implementation <<NOTE: Deadline. 33 USC 1321 note.>> Date.--No 
later than one year after the date of enactment of this Act, the owner 
or operator of a nontank vessel (as defined section 311(j)(9) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(9), as amended by 
this section) shall prepare and submit a vessel response plan for such 
vessel.

    (d) Addition of Noxious Liquid Substances to the List of Hazardous 
Substances for Which the Coast Guard May Require a Response Plan.--
Section 311(j)(5) of the Federal Water Pollution Control Act (33 
U.S.C.1321(j)(5)) is further amended--
            (1) by redesignating subparagraphs (B) through (H) as 
        subparagraphs (C) through (I), respectively;
            (2) by inserting after subparagraph (A) the following:
            ``(B) The Secretary of the Department in which the Coast 
        Guard is operating may issue regulations which require an owner 
        or operator of a tank vessel, a non-tank vessel, or a facility 
        described in subparagraph (C) that transfers noxious liquid 
        substances in bulk to or from a vessel to prepare and submit to 
        the Secretary a plan for responding, to the maximum extent 
        practicable, to a worst case discharge, and to a substantial 
        threat of such a discharge, of a noxious liquid substance that 
        is not designated as a hazardous substance or regulated as oil 
        in any other law or regulation. For purposes of this paragraph, 
        the term `noxious liquid substance' has the same meaning when 
        that term is used in the MARPOL Protocol described in section 
        2(a)(3) of the Act to Prevent Pollution from Ships (33 U.S.C. 
        1901(a)(3)).'';
            (3) by striking ``subparagraph (B)'' in subparagraph (A) and 
        inserting ``subparagraph (C)'';
            (4) by striking ``subparagraph (A)'' in subparagraph (C), as 
        redesignated, and inserting ``subparagraphs (A) and (B)''; and
            (5) by striking ``subparagraph (D),'' in clause (i) of 
        subparagraph (F), as redesignated, and inserting ``subparagraph 
        (E),''.

SEC. 702. REQUIREMENTS FOR TANK LEVEL AND PRESSURE MONITORING DEVICES.

    (a) Requirements.--Section 4110 of the Oil Pollution Act of 1990 (46 
U.S.C. 3703 note) is amended--

[[Page 118 STAT. 1069]]

            (1) in subsection (a), by striking ``Not later than 1 year 
        after the date of the enactment of this Act, the Secretary 
        shall'' and inserting ``The Secretary may''; and
            (2) in subsection (b)--
                    (A) by striking ``Not later than 1 year after the 
                date of the enactment of this Act, the Secretary shall'' 
                and inserting ``No sooner than 1 year after the 
                Secretary prescribes regulations under subsection (a), 
                the Secretary may''; and
                    (B) by striking ``the standards'' and inserting 
                ``any standards''.

    (b) Study.--
            (1) Study requirement.--The Secretary of the department in 
        which the Coast Guard is operating shall conduct a study 
        analyzing the costs and benefits of methods other than those 
        described in subsections (a) and (b) of section 4110 of the Oil 
        Pollution Act of 1990 for effectively detecting the loss of oil 
        from oil cargo tanks. The study may include technologies, 
        monitoring procedures, and other methods.
            (2) Input.--In conducting the study, the Secretary may seek 
        input from Federal agencies, industry, and other entities.
            (3) Report.--The Secretary shall submit a report on the 
        findings and conclusions of the study to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        Committee on Transportation and Infrastructure of the House of 
        Representatives by not later than 180 days after the date of the 
        enactment of this Act.

SEC. 703. LIABILITY AND COST RECOVERY.

    (a) Definition of Owner or Operator.--Section 1001(26) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701(26)) is amended to read as 
follows:
            ``(26) `owner or operator'--
                    ``(A) means--
                          ``(i) in the case of a vessel, any person 
                      owning, operating, or chartering by demise, the 
                      vessel;
                          ``(ii) in the case of an onshore or offshore 
                      facility, any person owning or operating such 
                      facility;
                          ``(iii) in the case of any abandoned offshore 
                      facility, the person who owned or operated such 
                      facility immediately prior to such abandonment;
                          ``(iv) in the case of any facility, title or 
                      control of which was conveyed due to bankruptcy, 
                      foreclosure, tax delinquency, abandonment, or 
                      similar means to a unit of State or local 
                      government, any person who owned, operated, or 
                      otherwise controlled activities at such facility 
                      immediately beforehand;
                          ``(v) notwithstanding subparagraph (B)(i), and 
                      in the same manner and to the same extent, both 
                      procedurally and substantively, as any 
                      nongovernmental entity, including for purposes of 
                      liability under section 1002, any State or local 
                      government that has caused or contributed to a 
                      discharge or substantial threat of a discharge of 
                      oil from a vessel or facility ownership or control 
                      of which was acquired involuntarily through--

[[Page 118 STAT. 1070]]

                                    ``(I) seizure or otherwise in 
                                connection with law enforcement 
                                activity;
                                    ``(II) bankruptcy;
                                    ``(III) tax delinquency;
                                    ``(IV) abandonment; or
                                    ``(V) other circumstances in which 
                                the government involuntarily acquires 
                                title by virtue of its function as 
                                sovereign;
                          ``(vi) notwithstanding subparagraph (B)(ii), a 
                      person that is a lender and that holds indicia of 
                      ownership primarily to protect a security interest 
                      in a vessel or facility if, while the borrower is 
                      still in possession of the vessel or facility 
                      encumbered by the security interest, the person--
                                    ``(I) exercises decision making 
                                control over the environmental 
                                compliance related to the vessel or 
                                facility, such that the person has 
                                undertaken responsibility for oil 
                                handling or disposal practices related 
                                to the vessel or facility; or
                                    ``(II) exercises control at a level 
                                comparable to that of a manager of the 
                                vessel or facility, such that the person 
                                has assumed or manifested 
                                responsibility--
                                            ``(aa) for the overall 
                                        management of the vessel or 
                                        facility encompassing day-to-day 
                                        decision making with respect to 
                                        environmental compliance; or
                                            ``(bb) over all or 
                                        substantially all of the 
                                        operational functions (as 
                                        distinguished from financial or 
                                        administrative functions) of the 
                                        vessel or facility other than 
                                        the function of environmental 
                                        compliance; and
                    ``(B) does not include--
                          ``(i) A unit of state or local government that 
                      acquired ownership or control of a vessel or 
                      facility involuntarily through--
                                    ``(I) seizure or otherwise in 
                                connection with law enforcement 
                                activity;
                                    ``(II) bankruptcy;
                                    ``(III) tax delinquency;
                                    ``(IV) abandonment; or
                                    ``(V) other circumstances in which 
                                the government involuntarily acquires 
                                title by virtue of its function as 
                                sovereign;
                          ``(ii) a person that is a lender that does not 
                      participate in management of a vessel or facility, 
                      but holds indicia of ownership primarily to 
                      protect the security interest of the person in the 
                      vessel or facility; or
                          ``(iii) a person that is a lender that did not 
                      participate in management of a vessel or facility 
                      prior to foreclosure, notwithstanding that the 
                      person--
                                    ``(I) forecloses on the vessel or 
                                facility; and
                                    ``(II) after foreclosure, sells, re-
                                leases (in the case of a lease finance 
                                transaction), or liquidates the vessel 
                                or facility, maintains business 
                                activities, winds up operations, 
                                undertakes a removal action under 
                                section 311(c) of the Federal Water 
                                Pollution

[[Page 118 STAT. 1071]]

                                Control Act (33 U.S.C. 1321(c)) or under 
                                the direction of an on-scene coordinator 
                                appointed under the National Contingency 
                                Plan, with respect to the vessel or 
                                facility, or takes any other measure to 
                                preserve, protect, or prepare the vessel 
                                or facility prior to sale or 
                                disposition,
                      if the person seeks to sell, re-lease (in the case 
                      of a lease finance transaction), or otherwise 
                      divest the person of the vessel or facility at the 
                      earliest practicable, commercially reasonable 
                      time, on commercially reasonable terms, taking 
                      into account market conditions and legal and 
                      regulatory requirements;''.

    (b) Other Definitions.--Section 1001 of the Oil Pollution Act of 
1990 (33 U.S.C. 2701) is amended by striking ``and'' after the semicolon 
at the end of paragraph (36), by striking the period at the end of 
paragraph (37) and inserting a semicolon, and by adding at the end the 
following:
            ``(38) `participate in management'--
                    ``(A)(i) means actually participating in the 
                management or operational affairs of a vessel or 
                facility; and
                          ``(ii) does not include merely having the 
                      capacity to influence, or the unexercised right to 
                      control, vessel or facility operations; and
                    ``(B) does not include--
                          ``(i) performing an act or failing to act 
                      prior to the time at which a security interest is 
                      created in a vessel or facility;
                          ``(ii) holding a security interest or 
                      abandoning or releasing a security interest;
                          ``(iii) including in the terms of an extension 
                      of credit, or in a contract or security agreement 
                      relating to the extension, a covenant, warranty, 
                      or other term or condition that relates to 
                      environmental compliance;
                          ``(iv) monitoring or enforcing the terms and 
                      conditions of the extension of credit or security 
                      interest;
                          ``(v) monitoring or undertaking one or more 
                      inspections of the vessel or facility;
                          ``(vi) requiring a removal action or other 
                      lawful means of addressing a discharge or 
                      substantial threat of a discharge of oil in 
                      connection with the vessel or facility prior to, 
                      during, or on the expiration of the term of the 
                      extension of credit;
                          ``(vii) providing financial or other advice or 
                      counseling in an effort to mitigate, prevent, or 
                      cure default or diminution in the value of the 
                      vessel or facility;
                          ``(viii) restructuring, renegotiating, or 
                      otherwise agreeing to alter the terms and 
                      conditions of the extension of credit or security 
                      interest, exercising forbearance;
                          ``(ix) exercising other remedies that may be 
                      available under applicable law for the breach of a 
                      term or condition of the extension of credit or 
                      security agreement; or
                          ``(x) conducting a removal action under 311(c) 
                      of the Federal Water Pollution Control Act (33 
                      U.S.C. 1321(c)) or under the direction of an on-
                      scene coordinator appointed under the National 
                      Contingency Plan,

[[Page 118 STAT. 1072]]

                if such actions do not rise to the level of 
                participating in management under subparagraph (A) of 
                this paragraph and paragraph (26)(A)(vi);
            ``(39) `extension of credit' has the meaning provided in 
        section 101(20)(G)(i) of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980 (42 U.S.C. 
        9601(20)(G)(i));
            ``(40) `financial or administrative function' has the 
        meaning provided in section 101(20)(G)(ii) of the Comprehensive 
        Environmental Response, Compensation and Liability Act of 1980 
        (42 U.S.C. 9601(20)(G)(ii));
            ``(41) `foreclosure' and `foreclose' each has the meaning 
        provided in section 101(20)(G)(iii) of the Comprehensive 
        Environmental Response, Compensation and Liability Act of 1980 
        (42 U.S.C. 9601(20)(G)(iii));
            ``(42) `lender' has the meaning provided in section 
        101(20)(G)(iv) of the Comprehensive Environmental Response, 
        Compensation and Liability Act of 1980 (42 U.S.C. 
        9601(20)(G)(iv));
            ``(43) `operational function' has the meaning provided in 
        section 101(20)(G)(v) of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980 (42 U.S.C. 
        9601(20)(G)(v)); and
            ``(44) `security interest' has the meaning provided in 
        section 101(20)(G)(vi) of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980 (42 U.S.C. 
        9601(20)(G)(vi)).''.

    (c) Definition of Contractual Relationship.--Section 1003 of the Oil 
Pollution Act of 1990 (33 U.S.C. 2703) is amended by adding at the end 
the following:
    ``(d) Definition of Contractual Relationship.--
            ``(1) In general.--For purposes of subsection (a)(3) the 
        term `contractual relationship' includes, but is not limited to, 
        land contracts, deeds, easements, leases, or other instruments 
        transferring title or possession, unless--
                    ``(A) the real property on which the facility 
                concerned is located was acquired by the responsible 
                party after the placement of the oil on, in, or at the 
                real property on which the facility concerned is 
                located;
                    ``(B) one or more of the circumstances described in 
                subparagraph (A), (B), or (C) of paragraph (2) is 
                established by the responsible party by a preponderance 
                of the evidence; and
                    ``(C) the responsible party complies with paragraph 
                (3).
            ``(2) Required circumstance.--The circumstances referred to 
        in paragraph (1)(B) are the following:
                    ``(A) At the time the responsible party acquired the 
                real property on which the facility is located the 
                responsible party did not know and had no reason to know 
                that oil that is the subject of the discharge or 
                substantial threat of discharge was located on, in, or 
                at the facility.
                    ``(B) The responsible party is a government entity 
                that acquired the facility--
                          ``(i) by escheat;
                          ``(ii) through any other involuntary transfer 
                      or acquisition; or

[[Page 118 STAT. 1073]]

                          ``(iii) through the exercise of eminent domain 
                      authority by purchase or condemnation.
                    ``(C) The responsible party acquired the facility by 
                inheritance or bequest.
            ``(3) Additional requirements.--For purposes of paragraph 
        (1)(C), the responsible party must establish by a preponderance 
        of the evidence that the responsible party--
                    ``(A) has satisfied the requirements of section 
                1003(a)(3)(A) and (B);
                    ``(B) has provided full cooperation, assistance, and 
                facility access to the persons that are authorized to 
                conduct removal actions, including the cooperation and 
                access necessary for the installation, integrity, 
                operation, and maintenance of any complete or partial 
                removal action;
                    ``(C) is in compliance with any land use 
                restrictions established or relied on in connection with 
                the removal action; and
                    ``(D) has not impeded the effectiveness or integrity 
                of any institutional control employed in connection with 
                the removal action.
            ``(4) Reason to know.--
                    ``(A) Appropriate inquiries.--To establish that the 
                responsible party had no reason to know of the matter 
                described in paragraph (2)(A), the responsible party 
                must demonstrate to a court that--
                          ``(i) on or before the date on which the 
                      responsible party acquired the real property on 
                      which the facility is located, the responsible 
                      party carried out all appropriate inquiries, as 
                      provided in subparagraphs (B) and (D), into the 
                      previous ownership and uses of the real property 
                      on which the facility is located in accordance 
                      with generally accepted good commercial and 
                      customary standards and practices; and
                          ``(ii) the responsible party took reasonable 
                      steps to--
                                    ``(I) stop any continuing discharge;
                                    ``(II) prevent any substantial 
                                threat of discharge; and
                                    ``(III) prevent or limit any human, 
                                environmental, or natural resource 
                                exposure to any previously discharged 
                                oil.
                    ``(B) Regulations <<NOTE: Deadline.>> establishing 
                standards and practices.--Not later than 2 years after 
                the date of the enactment of this paragraph, the 
                Secretary, in consultation with the Administrator of the 
                Environmental Protection Agency, shall by regulation 
                establish standards and practices for the purpose of 
                satisfying the requirement to carry out all appropriate 
                inquiries under subparagraph (A).
                    ``(C) Criteria.--In promulgating regulations that 
                establish the standards and practices referred to in 
                subparagraph (B), the Secretary shall include in such 
                standards and practices provisions regarding each of the 
                following:
                          ``(i) The results of an inquiry by an 
                      environmental professional.
                          ``(ii) Interviews with past and present 
                      owners, operators, and occupants of the facility 
                      and the real

[[Page 118 STAT. 1074]]

                      property on which the facility is located for the 
                      purpose of gathering information regarding the 
                      potential for oil at the facility and on the real 
                      property on which the facility is located.
                          ``(iii) Reviews of historical sources, such as 
                      chain of title documents, aerial photographs, 
                      building department records, and land use records, 
                      to determine previous uses and occupancies of the 
                      real property on which the facility is located 
                      since the property was first developed.
                          ``(iv) Searches for recorded environmental 
                      cleanup liens against the facility and the real 
                      property on which the facility is located that are 
                      filed under Federal, State, or local law.
                          ``(v) Reviews of Federal, State, and local 
                      government records, waste disposal records, 
                      underground storage tank records, and waste 
                      handling, generation, treatment, disposal, and 
                      spill records, concerning oil at or near the 
                      facility and on the real property on which the 
                      facility is located.
                          ``(vi) Visual inspections of the facility, the 
                      real property on which the facility is located, 
                      and adjoining properties.
                          ``(vii) Specialized knowledge or experience on 
                      the part of the responsible party.
                          ``(viii) The relationship of the purchase 
                      price to the value of the facility and the real 
                      property on which the facility is located, if oil 
                      was not at the facility or on the real property.
                          ``(ix) Commonly known or reasonably 
                      ascertainable information about the facility and 
                      the real property on which the facility is 
                      located.
                          ``(x) The degree of obviousness of the 
                      presence or likely presence of oil at the facility 
                      and on the real property on which the facility is 
                      located, and the ability to detect the oil by 
                      appropriate investigation.
                    ``(D) Interim standards and practices.--
                          ``(i) Real property purchased before may 31, 
                      1997.--With respect to real property purchased 
                      before May 31, 1997, in making a determination 
                      with respect to a responsible party described in 
                      subparagraph (A), a court shall take into 
                      account--
                                    ``(I) any specialized knowledge or 
                                experience on the part of the 
                                responsible party;
                                    ``(II) the relationship of the 
                                purchase price to the value of the 
                                facility and the real property on which 
                                the facility is located, if the oil was 
                                not at the facility or on the real 
                                property;
                                    ``(III) commonly known or reasonably 
                                ascertainable information about the 
                                facility and the real property on which 
                                the facility is located;
                                    ``(IV) the obviousness of the 
                                presence or likely presence of oil at 
                                the facility and on the real property on 
                                which the facility is located; and
                                    ``(V) the ability of the responsible 
                                party to detect oil by appropriate 
                                inspection.

[[Page 118 STAT. 1075]]

                          ``(ii) Real property purchased on or after may 
                      31, 1997.--With respect to real property purchased 
                      on or after May 31, 1997, until the Secretary 
                      promulgates the regulations described in clause 
                      (ii), the procedures of the American Society for 
                      Testing and Materials, including the document 
                      known as `Standard E1527-97', entitled `Standard 
                      Practice for Environmental Site Assessment: Phase 
                      I Environmental Site Assessment Process', shall 
                      satisfy the requirements in subparagraph (A).
                    ``(E) Site inspection and title search.--In the case 
                of real property for residential use or other similar 
                use purchased by a nongovernmental or noncommercial 
                entity, inspection and title search of the facility and 
                the real property on which the facility is located that 
                reveal no basis for further investigation shall be 
                considered to satisfy the requirements of this 
                paragraph.
            ``(5) Previous owner or operator.--Nothing in this paragraph 
        or in section 1003(a)(3) shall diminish the liability of any 
        previous owner or operator of such facility who would otherwise 
        be liable under this Act. Notwithstanding this paragraph, if a 
        responsible party obtained actual knowledge of the discharge or 
        substantial threat of discharge of oil at such facility when the 
        responsible party owned the facility and then subsequently 
        transferred ownership of the facility or the real property on 
        which the facility is located to another person without 
        disclosing such knowledge, the responsible party shall be 
        treated as liable under 1002(a) and no defense under section 
        1003(a) shall be available to such responsible party.
            ``(6) Limitation on defense.--Nothing in this paragraph 
        shall affect the liability under this Act of a responsible party 
        who, by any act or omission, caused or contributed to the 
        discharge or substantial threat of discharge of oil which is the 
        subject of the action relating to the facility.''.

SEC. 704. OIL SPILL RECOVERY INSTITUTE.

    Section 5006 of the Oil Pollution Act of 1990 (33 U.S.C. 2736) is 
amended--
            (1) in the first subsection (c), as added by section 
        1102(b)(4) of Public Law 104-324 (110 Stat. 3965), by striking 
        ``with the eleventh year following the date of enactment of the 
        Coast Guard Authorization Act of 1996,'' and inserting ``October 
        1, 2012''; and
            (2) by redesignating the second subsection (c) as subsection 
        (d).

SEC. 705. ALTERNATIVES.

    Section 4115(e)(3) of the Oil Pollution Act of 1990 (46 U.S.C. 3703a 
note) is amended to read as follows:
            ``(3) <<NOTE: Deadline.>> No later than one year after the 
        date of enactment of the Coast Guard and Maritime Transportation 
        Act of 2004, the Secretary shall, taking into account the 
        recommendations contained in the report by the Marine Board of 
        the National Research Council entitled `Environmental 
        Performance of Tanker Design in Collision and Grounding' and 
        dated 2001, establish and publish an environmental equivalency 
        evaluation index (including the methodology to develop that 
        index) to assess overall outflow performance due to collisions 
        and


[[Page 118 STAT. 1076]]

        groundings for double hull tank vessels and alternative hull 
        designs.''.

SEC. 706. AUTHORITY TO SETTLE.

    Section 1015 of the Oil Pollution Act of 1990 (33 U.S.C. 2715) is 
amended by adding at the end the following:
    ``(d) Authority To Settle.--The head of any department or agency 
responsible for recovering amounts for which a person is liable under 
this title may consider, compromise, and settle a claim for such 
amounts, including such costs paid from the Fund, if the claim has not 
been referred to the Attorney General. In any case in which the total 
amount to be recovered may exceed $500,000 (excluding interest), a claim 
may be compromised and settled under the preceding sentence only with 
the prior written approval of the Attorney General.''.

SEC. 707. REPORT ON IMPLEMENTATION OF THE OIL POLLUTION ACT OF 1990.

    No later than 180 days after the date of the enactment of this Act, 
the Commandant of the Coast Guard shall provide a written report to the 
Committee on Commerce, Science, and Transportation and the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
shall include the following:
            (1) The status of the levels of funds currently in the Oil 
        Spill Liability Trust Fund and projections for levels of funds 
        over the next 5 years, including a detailed accounting of 
        expenditures of funds from the Oil Spill Liability Trust Fund 
        for each of fiscal years 2000 through 2004 by all agencies that 
        receive such funds.
            (2) The domestic and international implications of changing 
        the phase-out date for single hull vessels pursuant to section 
        3703a of title 46, United States Code, from 2015 to 2010.
            (3) The costs and benefits of requiring vessel monitoring 
        systems on tank vessels used to transport oil or other hazardous 
        cargo, and of using additional aids to navigation, such as 
        RACONs.
            (4) A summary of the extent to which the response costs and 
        damages for oil spill incidents have exceeded the liability 
        limits established in section 1004 of the Oil Pollution Act of 
        1990 (33 U.S.C. 2704), and a description of the steps that the 
        Coast Guard has taken or plans to take to implement subsection 
        (d)(4) of that section.
            (5) A summary of manning, inspection, and other safety 
        issues for tank barges and towing vessels used in connection 
        with them, including--
                    (A) a description of applicable Federal regulations, 
                guidelines, and other policies;
                    (B) a record of infractions of applicable 
                requirements described in subparagraph (A) over the past 
                10 years;
                    (C) an analysis of oil spill data over the past 10 
                years, comparing the number and size of oil spills from 
                tank barges with those from tanker vessels of a similar 
                size; and
                    (D) recommendations on areas of possible 
                improvements to existing regulations, guidelines and 
                policies with respect to tank barges and towing vessels.

[[Page 118 STAT. 1077]]

SEC. 708. LOANS FOR FISHERMEN AND AQUACULTURE PRODUCERS IMPACTED BY OIL 
            SPILLS.

    (a) Interest; Partial Payment of Claims.--Section 1013 of the Oil 
Pollution Act of 1990 (33 U.S.C. 2713) is amended by adding at the end 
the following:
    ``(f) Loan Program.--
            ``(1) In <<NOTE: President.>> general.--The President shall 
        establish a loan program under the Fund to provide interim 
        assistance to fishermen and aquaculture producer claimants 
        during the claims procedure.
            ``(2) Eligibility for loan.--A loan may be made under 
        paragraph (1) only to a fisherman or aquaculture producer that--
                    ``(A) has incurred damages for which claims are 
                authorized under section 1002;
                    ``(B) has made a claim pursuant to this section that 
                is pending; and
                    ``(C) has not received an interim payment under 
                section 1005(a) for the amount of the claim, or part 
                thereof, that is pending.
            ``(3) Terms and conditions of loans.--A loan awarded under 
        paragraph (1)--
                    ``(A) shall have flexible terms, as determined by 
                the President;
                    ``(B) shall be for a period ending on the later of--
                          ``(i) the date that is 5 years after the date 
                      on which the loan is made; or
                          ``(ii) the date on which the fisherman or 
                      aquaculture producer receives payment for the 
                      claim to which the loan relates under the 
                      procedure established by subsections (a) through 
                      (e) of this section; and
                    ``(C) shall be at a low interest rate, as determined 
                by the President.''.

    (b) Uses of the Fund.--Section 1012(a) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)) is amended--
            (1) by striking ``Act.'' in paragraph (5)(C) and inserting 
        ``Act; and''; and
            (2) by adding at the end the following:
            ``(6) the making of loans pursuant to the program 
        established under section 1013(f).''.

    (c) Study.--Not <<NOTE: Deadline.>> later than 270 days after the 
date of enactment of this Act, the Secretary of Commerce, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall submit to the Congress a study that contains--
            (1) an assessment of the effectiveness of the claims 
        procedures and emergency response programs under the Oil 
        Pollution Act of 1990 (33 U.S.C. 2701 et seq.) concerning claims 
        filed by, and emergency responses carried out to protect the 
        interests of, fishermen and aquaculture producers; and
            (2) any legislative or other recommendations to improve the 
        procedures and programs referred to in paragraph (1).

[[Page 118 STAT. 1078]]

              TITLE VIII--MARITIME TRANSPORTATION SECURITY

SEC. 801. ENFORCEMENT.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end the following:

``Sec. 70118. Firearms, arrests, and seizure of property

    ``Subject to guidelines approved by the Secretary, members of the 
Coast Guard may, in the performance of official duties--
            ``(1) carry a firearm; and
            ``(2) while at a facility--
                    ``(A) make an arrest without warrant for any offense 
                against the United States committed in their presence; 
                and
                    ``(B) seize property as otherwise provided by law.

``Sec. 70119. Enforcement by State and local officers

    ``(a) In General.--Any State or local government law enforcement 
officer who has authority to enforce State criminal laws may make an 
arrest for violation of a security zone regulation prescribed under 
section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 
191) or security or safety zone regulation under section 7(b) of the 
Ports and Waterways Safety Act (33 U.S.C. 1226(b)) or a safety zone 
regulation prescribed under section 10(d) of the Deepwater Port Act of 
1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized by law to 
prescribe such regulations, if--
            ``(1) such violation is a felony; and
            ``(2) the officer has reasonable grounds to believe that the 
        person to be arrested has committed or is committing such 
        violation.

    ``(b) Other Powers not Affected.--The provisions of this section are 
in addition to any power conferred by law to such officers. This section 
shall not be construed as a limitation of any power conferred by law to 
such officers, or any other officer of the United States or any State. 
This section does not grant to such officers any powers not authorized 
by the law of the State in which those officers are employed.''.
    (b) Clerical Amendment.--The chapter analysis at the beginning of 
chapter 701 of title 46, United States Code, is amended by adding at the 
end the following:

``70118. Enforcement.
``70119. Enforcement by State and local officers.''.

SEC. 802. IN REM LIABILITY FOR CIVIL PENALTIES AND COSTS.

    (a) Amendments to Title 46, United States Code.--Chapter 701 of 
title 46, United States Code, is amended--
            (1) by redesignating section 70117 as 70119; and
            (2) by inserting after section 70116 the following:

``Sec. 70117. In rem liability for civil penalties and certain costs

    ``(a) Civil Penalties.--Any vessel operated in violation of this 
chapter or any regulations prescribed under this chapter shall be liable 
in rem for any civil penalty assessed pursuant to section 70120 for such 
violation, and may be proceeded against for such

[[Page 118 STAT. 1079]]

liability in the United States district court for any district in which 
the vessel may be found.
    ``(b) Reimbursable Costs of Service Providers.--A vessel shall be 
liable in rem for the reimbursable costs incurred by any service 
provider related to implementation and enforcement of this chapter and 
arising from a violation by the operator of the vessel of this chapter 
or any regulations prescribed under this chapter, and may be proceeded 
against for such liability in the United States district court for any 
district in which such vessel may be found.
    ``(c) Definitions.--In this subsection--
            ``(1) the term `reimbursable costs' means costs incurred by 
        any service provider acting in conformity with a lawful order of 
        the Federal government or in conformity with the instructions of 
        the vessel operator; and
            ``(2) the term `service provider' means any port authority, 
        facility or terminal operator, shipping agent, Federal, State, 
        or local government agency, or other person to whom the 
        management of the vessel at the port of supply is entrusted, 
        for--
                    ``(A) services rendered to or in relation to vessel 
                crew on board the vessel, or in transit to or from the 
                vessel, including accommodation, detention, 
                transportation, and medical expenses; and
                    ``(B) required handling of cargo or other items on 
                board the vessel.

``Sec. 70118. Withholding of clearance

    ``(a) Refusal or Revocation of Clearance.--If any owner, agent, 
master, officer, or person in charge of a vessel is liable for a penalty 
under section 70119, or if reasonable cause exists to believe that the 
owner, agent, master, officer, or person in charge may be subject to a 
penalty under section 70120, the Secretary may, with respect to such 
vessel, refuse or revoke any clearance required by section 4197 of the 
Revised Statutes of the United States (46 U.S.C. App. 91).
    ``(b) Clearance Upon Filing of Bond or Other Surety.--The Secretary 
may require the filing of a bond or other surety as a condition of 
granting clearance refused or revoked under this subsection.''.

    (b) Act of June 15, 1917.--Section 2 of title II of the Act of June 
15, 1917 (chapter 30; 50 U.S.C. 192), is amended--
            (1) in subsection (c) by striking ``Act'' each place it 
        appears and inserting ``title''; and
            (2) by adding at the end the following:

    ``(d) In Rem Liability.--Any vessel that is used in violation of 
this title, or of any regulation issued under this title, shall be 
liable in rem for any civil penalty assessed pursuant to subsection (c) 
and may be proceeded against in the United States district court for any 
district in which such vessel may be found.
    ``(e) Withholding of Clearance.--
            ``(1) In general.--If any owner, agent, master, officer, or 
        person in charge of a vessel is liable for a penalty or fine 
        under subsection (c), or if reasonable cause exists to believe 
        that the owner, agent, master, officer, or person in charge may 
        be subject to a penalty or fine under this section, the 
        Secretary may, with respect to such vessel, refuse or revoke

[[Page 118 STAT. 1080]]

        any clearance required by section 4197 of the Revised Statutes 
        of the United States (46 U.S.C. App. 91).
            ``(2) Clearance upon filing of bond or other surety.--The 
        Secretary may require the filing of a bond or other surety as a 
        condition of granting clearance refused or revoked under this 
        subsection.''.

    (c) Clerical Amendment.--The chapter analysis at the beginning of 
chapter 701 of title 46, United States Code, is amended by striking the 
last item and inserting the following:

``70117. In rem liability for civil penalties and certain costs.
``70118. Enforcement by injunction or withholding of clearance.
``70119. Civil penalty.''.

SEC. 803. MARITIME INFORMATION.

    (a) Maritime Intelligence.--Section 70113(a) of title 46, United 
States Code, is amended by adding at the end the following: ``The system 
may include a vessel risk profiling component that assigns incoming 
vessels a terrorism risk rating.''.
    (b) Vessel Tracking System.--Section 70115 of title 46, United 
States Code, is amended in the first sentence by striking ``may'' and 
inserting ``shall, consistent with international treaties, conventions, 
and agreements to which the United States is a party,''.
    (c) Maritime <<NOTE: Deadline. Reports.>> Information.--Within 90 
days after the date of the enactment of this Act, the Secretary of the 
department in which the Coast Guard is operating shall submit a report 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives containing a plan for the implementation of section 
70113 of title 46, United States Code. The plan shall--
            (1) identify Federal agencies with maritime information 
        relating to vessels, crew, passengers, cargo, and cargo 
        shippers, those agencies' maritime information collection and 
        analysis activities, and the resources devoted to those 
        activities;
            (2) <<NOTE: Establishment.>> establish a lead agency within 
        the Department of Homeland Security to coordinate the efforts of 
        other Department agencies in the collection of maritime 
        information and to identify and avoid unwanted redundancy in 
        those efforts;
            (3) identify redundancy in the collection and analysis of 
        maritime information by agencies within the department in which 
        the Coast Guard is operating;
            (4) establish a timeline for coordinating the collection of 
        maritime information among agencies within the department in 
        which the Coast Guard is operating;
            (5) include recommendations on co-locating agency personnel 
        in order to maximize expertise, minimize costs, and avoid 
        redundancy in both the collection and analysis of maritime 
        information;
            (6) establish a timeline for the incorporation of 
        information on vessel movements derived through the 
        implementation of sections 70114 and 70115 of title 46, United 
        States Code, into the system for collecting and analyzing 
        maritime information;
            (7) include recommendations on educating Federal officials 
        on the identification of security risks posed through commercial 
        maritime transportation operations;
            (8) include an assessment of the availability and expertise 
        of private sector maritime information resources;

[[Page 118 STAT. 1081]]

            (9) include recommendations on how private sector maritime 
        information resources could be utilized to analyze maritime 
        security risks;
            (10) include recommendations on how to disseminate 
        information collected and analyzed through Federal maritime 
        security coordinators, including the manner and extent to which 
        State, local, and private security personnel should be utilized, 
        which should be developed after consideration by the Secretary 
        of the need for nondisclosure of sensitive security information; 
        and
            (11) include recommendations on the need for and how the 
        department could help support a maritime information sharing and 
        analysis center for the purpose of collecting and disseminating 
        real-time or near real-time information to and from public and 
        private entities, along with recommendations on the appropriate 
        levels of funding to help disseminate maritime security 
        information to the private sector.

    (d) Limitation on Establishment of Lead Agency.--The Secretary may 
not establish a lead agency within the Department of Homeland Security 
to coordinate the efforts of other Department agencies in the collection 
of maritime information, until at least 90 days after the plan under 
subsection (c) is submitted to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.

SEC. 804. MARITIME TRANSPORTATION SECURITY GRANTS.

    (a) Grant Program.--Section 70107(a) of title 46, United States 
Code, is amended to read as follows:
    ``(a) In General.--The Secretary shall establish a grant program for 
making a fair and equitable allocation of funds to implement Area 
Maritime Transportation Security Plans and facility security plans among 
port authorities, facility operators, and State and local government 
agencies required to provide port security services. Before awarding a 
grant under the program, the Secretary shall provide for review and 
comment by the appropriate Federal Maritime Security Coordinators and 
the Maritime Administrator. In administering the grant program, the 
Secretary shall take into account national economic and strategic 
defense concerns.''.
    (b) Secretary Administering.--Section 70107 of title 46, United 
States Code, is amended--
            (1) by striking ``Secretary of Transportation'' each place 
        it appears and inserting ``Secretary'';
            (2) by striking ``Department of Transportation'' each place 
        it appears and inserting ``department in which the Coast Guard 
        is operating''.

    (c) Effective <<NOTE: 46 USC 70107 note.>> Date.--Subsections (a) 
and (b)--
            (1) shall take effect October 1, 2004; and
            (2) shall not affect any grant made before that date.

    (d) Report on Design of Maritime Transportation Security Grant 
Program.--Within 90 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
transmit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of House of Representatives on the design of the maritime 
transportation security grant program established under section 70107(a) 
of title 46, United

[[Page 118 STAT. 1082]]

States Code. In the report, the Secretary shall include recommendations 
on--
            (1) whether the grant program should be discretionary or 
        formula-based and the reasons for the recommendation;
            (2) requirements for ensuring that Federal funds will not be 
        substituted for grantee funds;
            (3) targeting requirements to ensure that funding is 
        directed in a manner that considers--
                    (A) national economic and strategic defense 
                concerns; and
                    (B) the fiscal capacity of the recipients to fund 
                facility security plan requirements without grant funds; 
                and
            (4) matching requirements to ensure that Federal funds 
        provide an incentive to grantees for the investment of their own 
        funds in the improvements financed in part by Federal funds 
        provided under the program.

SEC. 805. <<NOTE: Deadline.>> SECURITY ASSESSMENT OF WATERS UNDER THE 
            JURISDICTION OF THE UNITED STATES.

    Not later than one year after the date of the enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating 
shall--
            (1) conduct a vulnerability assessment under section 
        70102(b) of title 46, United States Code, of the waters under 
        the jurisdiction of the United States that are adjacent to 
        nuclear facilities that may be damaged by a transportation 
        security incident as defined in section 70101 (6) of title 46, 
        United States Code;
            (2) coordinate with the appropriate Federal agencies in 
        preparing the vulnerability assessment required under paragraph 
        (1); and
            (3) submit the vulnerability assessments required under 
        paragraph (1) to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the Committee 
        on Commerce, Science, and Transportation of the Senate.

SEC. 806. MEMBERSHIP OF AREA MARITIME SECURITY ADVISORY COMMITTEES.

    Section 70112(b) of title 46, United States Code, is amended by 
adding at the end to following:
            ``(5) The membership of an Area Maritime Security Advisory 
        Committee shall include representatives of the port industry, 
        terminal operators, port labor organizations, and other users of 
        the port areas.''.

SEC. 807. <<NOTE: Reports. Deadline.>> JOINT OPERATIONAL CENTERS FOR 
            PORT SECURITY.

    The Commandant of the Coast Guard shall report to the Congress, 
within 180 days after the date of the enactment of this Act, on the 
implementation and use of joint operational centers for port security at 
certain United States seaports. The report shall--
            (1) <<NOTE: Virginia. South Carolina. California.>> compare 
        and contrast the composition and operational characteristics of 
        existing joint operational centers for port security, including 
        those in Norfolk, Virginia, Charleston, South Carolina, and San 
        Diego, California;
            (2) examine the use of such centers to implement--
                    (A) the plans developed under section 70103 of title 
                46, United States Code;

[[Page 118 STAT. 1083]]

                    (B) maritime intelligence activities under section 
                70113 of title 46, United States Code;
                    (C) short and long range vessel tracking under 
                sections 70114 and 70115 of title 46, United States 
                Code; and
                    (D) secure transportation systems under section 
                70116 of title 46, United States Code; and
            (3) estimate the number, location and costs of such centers 
        necessary to implement the activities authorized under sections 
        70103, 701113, 70114, 70115, and 70116 of title 46, United 
        States Code.

SEC. 808. INVESTIGATIONS.

    (a) In General.--Section 70107 of title 46, United States Code, is 
amended by striking subsection (i) and inserting the following:
    ``(i) Investigations.--
            ``(1) In general.--The Secretary shall conduct 
        investigations, fund pilot programs, and award grants, to 
        examine or develop--
                    ``(A) methods or programs to increase the ability to 
                target for inspection vessels, cargo, crewmembers, or 
                passengers that will arrive or have arrived at any port 
                or place in the United States;
                    ``(B) equipment to detect accurately explosives, 
                chemical, or biological agents that could be used in a 
                transportation security incident against the United 
                States;
                    ``(C) equipment to detect accurately nuclear or 
                radiological materials, including scintillation-based 
                detection equipment capable of signalling the presence 
                of nuclear or radiological materials;
                    ``(D) improved tags and seals designed for use on 
                shipping containers to track the transportation of the 
                merchandise in such containers, including sensors that 
                are able to track a container throughout its entire 
                supply chain, detect hazardous and radioactive materials 
                within that container, and transmit that information to 
                the appropriate law enforcement authorities;
                    ``(E) tools, including the use of satellite tracking 
                systems, to increase the awareness of maritime areas and 
                to identify potential transportation security incidents 
                that could have an impact on facilities, vessels, and 
                infrastructure on or adjacent to navigable waterways, 
                including underwater access;
                    ``(F) tools to mitigate the consequences of a 
                transportation security incident on, adjacent to, or 
                under navigable waters of the United States, including 
                sensor equipment, and other tools to help coordinate 
                effective response to a transportation security 
                incident;
                    ``(G) applications to apply existing technologies 
                from other areas or industries to increase overall port 
                security;
                    ``(H) improved container design, including blast-
                resistant containers; and
                    ``(I) methods to improve security and sustainability 
                of port facilities in the event of a maritime 
                transportation security incident, including specialized 
                inspection facilities.
            ``(2) Implementation of technology.--
                    ``(A) In general.--In conjunction with ongoing 
                efforts to improve security at United States ports, the 
                Secretary

[[Page 118 STAT. 1084]]

                may conduct pilot projects at United States ports to 
                test the effectiveness and applicability of new port 
                security projects, including--
                          ``(i) testing of new detection and screening 
                      technologies;
                          ``(ii) projects to protect United States ports 
                      and infrastructure on or adjacent to the navigable 
                      waters of the United States, including underwater 
                      access; and
                          ``(iii) tools for responding to a 
                      transportation security incident at United States 
                      ports and infrastructure on or adjacent to the 
                      navigable waters of the United States, including 
                      underwater access.
                    ``(B) Authorization of appropriations.--There is 
                authorized to be appropriated to the Secretary 
                $35,000,000 for each of fiscal years 2005 through 2009 
                to carry out this subsection.
            ``(3) National port security centers.--
                    ``(A) In general.--The Secretary may make grants or 
                enter into cooperative agreements with eligible 
                nonprofit institutions of higher learning to conduct 
                investigations in collaboration with ports and the 
                maritime transportation industry focused on enhancing 
                security of the Nation's ports in accordance with this 
                subsection through National Port Security Centers.
                    ``(B) Applications.--To be eligible to receive a 
                grant under this paragraph, a nonprofit institution of 
                higher learning, or a consortium of such institutions, 
                shall submit an application to the Secretary in such 
                form and containing such information as the Secretary 
                may require.
                    ``(C) Competitive selection process.--The Secretary 
                shall select grant recipients under this paragraph 
                through a competitive process on the basis of the 
                following criteria:
                          ``(i) Whether the applicant can demonstrate 
                      that personnel, laboratory, and organizational 
                      resources will be available to the applicant to 
                      carry out the investigations authorized in this 
                      paragraph.
                          ``(ii) The applicant's capability to provide 
                      leadership in making national and regional 
                      contributions to the solution of immediate and 
                      long-range port and maritime transportation 
                      security and risk mitigation problems.
                          ``(iii) Whether the applicant can demonstrate 
                      that is has an established, nationally recognized 
                      program in disciplines that contribute directly to 
                      maritime transportation safety and education.
                          ``(iv) Whether the applicant's investigations 
                      will involve major United States ports on the East 
                      Coast, the Gulf Coast, and the West Coast, and 
                      Federal agencies and other entities with expertise 
                      in port and maritime transportation.
                          ``(v) Whether the applicant has a strategic 
                      plan for carrying out the proposed investigations 
                      under the grant.
            ``(4) Administrative provisions.--
                    ``(A) No duplication of effort.--Before making any 
                grant, the Secretary shall coordinate with other Federal

[[Page 118 STAT. 1085]]

                agencies to ensure the grant will not duplicate work 
                already being conducted with Federal funding.
                    ``(B) Accounting.--
                The <<NOTE: Regulations.>> Secretary shall by regulation 
                establish accounting, reporting, and review procedures 
                to ensure that funds made available under paragraph (1) 
                are used for the purpose for which they were made 
                available, that all expenditures are properly accounted 
                for, and that amounts not used for such purposes and 
                amounts not expended are recovered.
                    ``(C) Recordkeeping.--Recipients of grants shall 
                keep all records related to expenditures and obligations 
                of funds provided under paragraph (1) and make them 
                available upon request to the Inspector General of the 
                department in which the Coast Guard is operating and the 
                Secretary for audit and examination.
            ``(5) Annual review and report.--The Inspector General of 
        the department in which the Coast Guard is operating shall 
        annually review the programs established under this subsection 
        to ensure that the expenditures and obligations of funds are 
        consistent with the purposes for which they are provided, and 
        report the findings to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives.''.

SEC. 809. VESSEL AND INTERMODAL SECURITY REPORTS.

    (a) In General.--Within 180 days after the date of the enactment of 
this Act, the Secretary of the department in which the Coast Guard is 
operating shall submit the reports and plan required under subsections 
(b), (c), (e), (f), and (j) to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.
    (b) Report Regarding Security Inspection of Vessels and Vessel-Borne 
Cargo Containers Entering the United States.--
            (1) Requirement.--The Secretary shall prepare a report 
        regarding the numbers and types of vessels and vessel-borne 
        cargo containers that enter the United States in a year.
            (2) Contents.--The report shall include the following:
                    (A) A section regarding security inspection of 
                vessels that includes the following:
                          (i) A complete breakdown of the numbers and 
                      types of vessels that entered the United States in 
                      the most recent 1-year period for which 
                      information is available.
                          (ii) The cost incurred by the Federal 
                      Government in inspecting such vessels in such 1-
                      year period, including specification and 
                      comparison of such cost for each type of vessel.
                          (iii) An estimate of the per-vessel cost that 
                      would be incurred by the Federal Government in 
                      inspecting each type of vessel that enters the 
                      United States each year, including costs for 
                      personnel, vessels, equipment, and funds.
                          (iv) An estimate of the annual total cost that 
                      would be incurred by the Federal Government in 
                      inspecting all vessels that enter the United 
                      States each year,

[[Page 118 STAT. 1086]]

                      including costs for personnel, vessels, equipment, 
                      and funds.
                    (B) A section regarding security inspection of 
                containers that includes the following:
                          (i) A complete breakdown of the numbers and 
                      types of vessel-borne cargo containers that 
                      entered the United States in the most recent 1-
                      year period for which information is available, 
                      including specification of the number of 1 TEU 
                      containers and the number of 2 TEU containers.
                          (ii) The cost incurred by the Federal 
                      Government in inspecting such containers in such 
                      1-year period, including specification and 
                      comparison of such cost for a 1 TEU container and 
                      for a 2 TEU container, and the number of each 
                      inspected.
                          (iii) An estimate of the per-container cost 
                      that would be incurred by the Federal Government 
                      in inspecting each type of vessel-borne container 
                      that enters the United States each year, including 
                      costs for personnel, vessels, and equipment.
                          (iv) An estimate of the annual total cost that 
                      would be incurred by the Federal Government in 
                      inspecting, and where allowed by international 
                      agreement, inspecting in a foreign port, all 
                      vessel-borne containers that enter the United 
                      States each year, including costs for personnel, 
                      vessels, and equipment.

    (c) Plan for Implementing Secure Systems of Transportation.--The 
Secretary shall prepare a plan for the implementation of section 70116 
of title 46, United States Code. The plan shall--
            (1) include a timeline for establishing standards and 
        procedures pursuant to section 70116(b) of title 46, United 
        States Code;
            (2) provide a preliminary assessment of resources necessary 
        to evaluate and certify secure systems of transportation, and 
        the resources necessary to validate that the secure systems of 
        transportation are operating in compliance with the 
        certification requirements;
            (3) contain an analysis of whether establishing a voluntary 
        user fee to fund the certification of private secure systems of 
        transportation, paid for by the person applying for 
        certification, would enhance cargo security;
            (4) contain an analysis of the need for and feasibility of 
        establishing a system to inspect, monitor, and track intermodal 
        shipping containers within the United States; and
            (5) contain an analysis of the need for and feasibility of 
        developing international standards for secure systems of 
        transportation, including recommendations, that includes an 
        examination of working with appropriate international 
        organizations to develop standards to enhance the physical 
        security of shipping containers consistent with section 70116 of 
        title 46, United States Code.

    (d) Inspector General Implementation Report.--One year after the 
date on which the plan under subsection (c) is submitted to the 
Congress, the Inspector General of the department in which the Coast 
Guard is operating shall transmit a report evaluating the progress made 
by the department in implementing the plan to the Committee on Commerce, 
Science, and Transportation of

[[Page 118 STAT. 1087]]

the Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives.
    (e) Report on Radiation Detectors.--The Secretary shall prepare a 
report on progress in the installation of a system of radiation 
detection at all major United States seaports, and a timeline and 
expected completion date for the system. In the report, the Secretary 
shall include a preliminary analysis of any issues related to the 
installation or efficacy of the radiation detection equipment, as well 
as a cost estimate for completing installation of the system.
    (f) Report on Nonintrusive Inspection at Foreign Ports.--The 
Secretary shall prepare a report--
            (1) on whether and to what extent foreign seaports have been 
        willing to utilize nonintrusive screening equipment at their 
        ports to screen cargo, including the number of cargo containers 
        that have been screened at foreign seaports, and the ports where 
        they were screened;
            (2) indicating which foreign ports may be willing to utilize 
        nonintrusive screening equipment for cargo exported for import 
        into the United States; and
            (3) indicating ways to increase the effectiveness of the 
        United States Government's targeting and screening activities 
        outside the United States and to what extent additional 
        resources and program changes will be necessary to maximize 
        scrutiny of cargo in foreign seaports that is destined for the 
        United States.

    (g) Evaluation <<NOTE: Deadlines. 46 USC 70101 note.>> of Cargo 
Inspection Targeting System for International Intermodal Cargo 
Containers.--Within 180 days after the date of the enactment of this Act 
and annually thereafter, the Inspector General of the department in 
which the Coast Guard is operating shall prepare a report that includes 
an assessment of--
            (1) the effectiveness of the current tracking system to 
        determine whether it is adequate to prevent international 
        intermodal containers from being used for purposes of terrorism;
            (2) the sources of information, and the quality of the 
        information at the time of reporting, used by the system to 
        determine whether targeting information is collected from the 
        best and most credible sources and evaluate data sources to 
        determine information gaps and weaknesses;
            (3) the targeting system for reporting and analyzing 
        inspection statistics, as well as testing effectiveness;
            (4) the competence and training of employees operating the 
        system to determine whether they are sufficiently capable to 
        detect potential terrorist threats; and
            (5) whether the system is an effective system to detect 
        potential acts of terrorism and whether additional steps need to 
        be taken in order to remedy deficiencies in targeting 
        international intermodal containers for inspection.

    (h) Action Report.--If the Inspector General of the department in 
which the Coast Guard is operating determines in any of the reports 
prepared under subsection (g) that the targeting system is 
insufficiently effective as a means of detecting potential acts of 
terrorism utilizing international intermodal containers, then the 
Secretary of the department in which the Coast Guard is operating

[[Page 118 STAT. 1088]]

shall, within 90 days, submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure House of Representatives on what 
actions will be taken to correct deficiencies identified in the 
Inspector General Report.
    (i) Compliance <<NOTE: Deadlines.>> With Security Standards 
Established Pursuant to Maritime Transportation Security Plans.--Within 
180 days after the date of the enactment of this Act and annually 
thereafter, the Secretary of the department in which the Coast Guard is 
operating shall prepare a report on compliance and steps taken to ensure 
compliance by ports, terminals, vessel operators, and shippers with 
security standards established pursuant to section 70103 of title 46, 
United States Code. The reports shall also include a summary of security 
standards established pursuant to such section during the previous year. 
The Secretary shall submit the reports to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.

    (j) Empty <<NOTE: Reports.>> Containers.--The Secretary of the 
department in which the Coast Guard is operating shall prepare a report 
on the practice and policies in place at United States ports to secure 
shipment of empty containers and trailers. The Secretary shall include 
in the report recommendations with respect to whether additional Federal 
actions are necessary to ensure the safe and secure delivery of cargo 
and to prevent potential acts of terrorism involving such containers and 
trailers.

    (k) Report <<NOTE: 46 USC 70101 note.>> and Plan Formats.--The 
Secretary and the Inspector General of the department in which the Coast 
Guard is operating may submit any plan or report required by this 
section in both classified and redacted formats, if the Secretary 
determines that it is appropriate or necessary.

    Approved August 9, 2004.

LEGISLATIVE HISTORY--H.R. 2443 (S. 733):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-233 (Comm. on Transportation and Infrasturcture) 
and 108-617 (Comm. of Conference).
SENATE REPORTS: No. 108-202 accompanying S. 733 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 149 (2003):
                                    Nov. 5, considered and passed House.
                                                        Vol. 150 (2004):
                                    Mar. 30, considered and passed 
                                        Senate, amended.
                                    July 21, House agreed to conference 
                                        report.
                                    July 22, Senate agreed to conference 
                                        report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
            Aug. 9, Presidential statement.

                                  <all>