[House Report 108-233]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-233
======================================================================
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2003
_______
July 24, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 2443]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2443) to authorize appropriations
for the Coast Guard for fiscal year 2004, to amend various laws
administered by the Coast Guard, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Coast Guard and Maritime
Transportation Act of 2003''.
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. Enhancement of Coast Guard authority to stop 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 age for retention in an active status.
Sec. 210. Payments.
Sec. 211. Coast Guard fellowship program.
Sec. 212. Air search and rescue facility in Muskegon County, Michigan.
Sec. 213. National Coast Guard Museum.
Sec. 214. Limitation on number of commissioned officers.
Sec. 215. Redistricting notification requirement.
TITLE III--NAVIGATION
Sec. 301. Marking of underwater wrecks.
Sec. 302. Use of electronic devices; cooperative agreements.
Sec. 303. Inland navigation rules promulgation authority.
TITLE IV--SHIPPING
Sec. 401. Reports from charterers.
Sec. 402. Suspension of documents in lieu of mandatory revocation for
proved drug convictions.
Sec. 403. Inspection of records of merchant mariners' documents.
Sec. 404. Exemption of unmanned barges from citizenship requirements
regarding command of vessel.
Sec. 405. Administrative, collection, and enforcement costs for certain
fees and charges.
Sec. 406. Compliance with International Safety Management Code.
Sec. 407. Civil penalties for failure to comply with recreational
vessel and associated equipment safety standards.
Sec. 408. Revision of temporary suspension criteria in document
suspension and revocation cases.
Sec. 409. Revision of bases for document suspension and revocation
cases.
Sec. 410. Hours of service on towing vessels.
Sec. 411. Automatic identification system electronic charts.
Sec. 412. Prevention of departure.
TITLE V--FEDERAL MARITIME COMMISSION
Sec. 501. Authorization of appropriations for Federal Maritime
Commission.
TITLE VI--MISCELLANEOUS
Sec. 601. Increase in civil penalties for violations of certain bridge
statutes.
Sec. 602. Conveyance of decommissioned Coast Guard Cutter SUNDEW.
Sec. 603. Tonnage measurement.
Sec. 604. Operation of vessel STAD AMSTERDAM.
Sec. 605. Great Lakes National Maritime Enhancement Institute.
Sec. 606. Agile Port and Intelligent Border Security National
Demonstration Project.
Sec. 607. Koss Cove.
Sec. 608. Miscellaneous certificates of documentation.
Sec. 609. Dredging study.
Sec. 610. Report regarding security inspection of vessels and vessel-
borne cargo containers entering the United States.
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.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Operations and Capital Acquisitions.--
(1) In general.--Funds are authorized to be appropriated for
fiscal year 2004 for necessary expenses of the Coast Guard as
follows:
(A) Operating expenses.--For the operating expenses
of the Coast Guard, $4,996,000,000, of which--
(i) $4,979,000,000 is for operation and
maintenance of the Coast Guard; and
(ii) $17,000,000 is for environmental
compliance and restoration at Coast Guard
facilities (other than parts and equipment
associated with operations and maintenance).
(B) Capital acquisitions.--For the capital
acquisitions of the Coast Guard, $1,097,000,000, of
which--
(i) $355,000,000 is for acquisition,
construction, rebuilding, and improvement of
aids to navigation, shore and offshore
facilities, vessels, and aircraft, including
equipment related thereto;
(ii) $702,000,000 is for acquisition and
construction of shore and offshore facilities,
vessels, and aircraft, including equipment
related thereto, and other activities that
constitute the Integrated Deepwater Systems
program;
(iii) $22,000,000 is 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 support of
search and rescue, aids to navigation, marine
safety, marine environmental protection,
enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness; and
(iv) $18,000,000 is for the 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.
(2) Source of funds.--
(A) Operating expenses.--Of the amount authorized in
paragraph (1)(A), $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.
(B) Capital acquisitions.--Of the amounts authorized
by paragraph (1)(B),
(i) $20,000,000 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; and
(ii) $3,500,000 is authorized to be derived
each fiscal year from the Oil Spill Liability
Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(b) Retired Pay.--There is authorized to be appropriated for Coast
Guard retired pay (including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose), payments with
respect to the Coast Guard under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical care of
retired Coast Guard personnel and their dependents under chapter 55 of
title 10, United States Code, $1,020,000,000.
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 as of September 30,
2004.
(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 2004,
2,500 student years.
(2) For flight training for fiscal year 2004, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2004, 350 student years.
(4) For officer acquisition for fiscal year 2004, 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 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. ENHANCEMENT OF COAST GUARD AUTHORITY TO STOP 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.''.
(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 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.
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, and the costs
shall be credited to the account from which expended.''; and
(3) by adding at the end the following:
``(g) In this section the term `costs of collecting a fee or charge'
includes the reasonable administrative, accounting, personnel,
contract, equipment, supply, training, and travel expenses of
calculating, assessing, collecting, enforcing, reviewing, adjusting,
and reporting on a fee or charge.''.
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'';
(2) in paragraph (1) by striking ``a demonstration project''
and inserting ``demonstration projects''; and
(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 AGE FOR RETENTION IN AN ACTIVE STATUS.
Section 742 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``sixty-two'' and
inserting ``60''; and
(2) in subsection (c), by striking ``sixty-two'' and
inserting ``60''.
SEC. 210. PAYMENTS.
(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 517. Payments
``(a) 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) 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) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 14, United States Code, is amended by adding at the
end the following:
``517. Payments.''.
SEC. 211. COAST GUARD FELLOWSHIP PROGRAM.
(a) Establishment.--Title 14, United States Code, is amended by
adding at the end of chapter 11 the following:
``Sec. 337. Coast Guard Congressional Fellowship Program
``(a) There is established in the Coast Guard a Coast Guard
Congressional Fellowship Program to broaden Coast Guard officers'
knowledge of the Congress.
``(b) The Commandant may appoint 4 mid-grade officers as fellows
under the program, subject to the following limitations:
``(1) The maximum length of a fellowship is one year.
``(2) A fellow may be assigned to an office of the House of
Representatives or the Senate, including a committee, during
the period of the fellowship, or may rotate between such
offices.
``(3) To protect against abuses of separation of powers
principles and conflicts of interest, a fellow may not engage
in duties that will result in any direct or indirect benefit to
the Coast Guard, other than broadening the fellow's knowledge.
``(c) An individual violating this section is subject to appropriate
discipline by the Commandant.''.
(b) Limitation on Application.--Section 337(b)(1) of title 14, United
States Code, as amended by this section, does not apply to an
individual serving on June 10, 2003, as a Coast Guard congressional
fellow.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of title 14, United States Code, is amended by inserting
after the item relating to section 336 the following:
``337. Coast Guard Congressional Fellowship Program.''.
SEC. 212. AIR SEARCH AND RESCUE FACILITY IN MUSKEGON COUNTY, MICHIGAN.
(a) Lease Authority.--The Commandant may enter into a long-term lease
for a period of up to 20 years with Muskegon County, Michigan, for use
of a facility constructed by the County at Muskegon County Airport as
an air search and rescue station, if such a facility that meets
criteria established under subsection (b) is available.
(b) Criteria.--Any facility leased under subsection (a) must meet
criteria established by the Commandant.
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 of the Coast Guard may, subject
to subsections (b) and (c), establish a National Coast Guard Museum on
Federal lands that are administered by the Coast Guard and specified by
the Commandant.
``(b) Location.--The National Coast Guard Museum may be located at,
or in close proximity to, the Coast Guard Academy in New London,
Connecticut.
``(c) Limitation on Expenditures.--The Secretary of the Department in
which the Coast Guard is operating shall not expend any Federal funds
for the planning, engineering, design, construction, operation, or
maintenance of any museum established under subsection (a).
``(d) Operation and Maintenance Plan.--Before the date on which the
Commandant establishes a museum under subsection (a), the Commandant
shall provide to the Committee on Transportation and Infrastructure of
the House of Representatives a plan for operating and maintaining such
a museum, including--
``(1) estimated operation and maintenance costs;
``(2) proposed sources of operation and maintenance funds;
and
``(3) a certification by the Inspector General of the
Department in which Coast Guard is operating that items
included in the plan pursuant to paragraph (1) and (2) are
reasonable and realistic.''.
(b) Clerical Amendment.--The table of sections 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.
Notwithstanding section 42(a) of title 14, United States Code, the
total number of commissioned officers, excluding commissioned warrant
officers, on active duty in the Coast Guard shall not exceed 6,700 in
fiscal year 2004.
SEC. 215. REDISTRICTING NOTIFICATION REQUIREMENT.
The Commandant shall notify the Committee on Transportation and
Infrastructure of the House of Representatives 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) shifting of more than 10 per cent of the personnel or
equipment from the station where the such personnel or
equipment is based.
TITLE III--NAVIGATION
SEC. 301. MARKING OF UNDERWATER WRECKS.
Section 15 of the Act of March 3, 1899 (33 U.S.C. 409), is amended--
(1) by striking ``day and'' and inserting ``day and, unless
otherwise authorized by the Commandant of Coast Guard,''; and
(2) by striking ``lighted lantern'' and inserting ``light''.
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:
``(6) may prohibit the use on the bridge of a vessel of
electronic or other devices that interfere with communications
and navigation equipment.''; 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 (33 U.S.C. 2001) is amended to read as
follows:
``SEC. 3. INLAND NAVIGATION RULES.
``The Secretary of the Department in which the Coast Guard is
operating may issue inland navigation regulations applicable to all
vessels upon the inland waters of the United States and technical
annexes that are as consistent as possible with the respective annexes
to the International Regulations.''.
(c) Effective Date.--Subsection (a) is effective on the effective
date of final regulations prescribed by the Secretary of the Department
in which the Coast Guard is operating under section 3 of the Inland
Navigation Rules Act of 1980 (33 U.S.C. 2001), as amended by this Act.
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''.
SEC. 402. SUSPENSION OF DOCUMENTS IN LIEU OF MANDATORY REVOCATION FOR
PROVED DRUG CONVICTIONS.
Section 7704(b) of title 46, United States Code, is amended by
inserting ``suspended or'' after ``shall be''.
SEC. 403. INSPECTION OF RECORDS OF MERCHANT MARINERS' DOCUMENTS.
Section 7319 of title 46, United States Code, is amended by striking
``The records are not open to general or public inspection.''.
SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CITIZENSHIP REQUIREMENTS
REGARDING COMMAND OF VESSEL.
(a) Exemption From Limitation on Command.--Section 12110(d) of title
46, United States Code, is amended by inserting ``or an unmanned barge
not engaged on a coastwise voyage'' after ``recreational endorsement''.
(b) Exemption From Seizure and Forfeiture.--Section 12122(b)(6) of
title 46, United States Code, is amended by inserting ``or an unmanned
barge not engaged on a coastwise voyage'' after ``recreational
endorsement''.
SEC. 405. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS FOR CERTAIN
FEES AND CHARGES.
Section 2110(d) of title 46, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) For purposes of subparagraph (A), costs of collecting the fee
or charge include the reasonable administrative, accounting, personnel,
contract, equipment, supply, training, and travel expenses of
calculating, assessing, collecting, enforcing, reviewing, adjusting,
and reporting on the fees and charges.''.
SEC. 406. 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
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title, that 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. 407. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH RECREATIONAL
VESSEL AND ASSOCIATED EQUIPMENT SAFETY STANDARDS.
Section 4311(b) of title 46, United States Code, is amended--
(1) by striking the first sentence and inserting ``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.''; and
(2) in the second sentence, by striking ``4307(a)(1)'' and
inserting ``4307(a)''.
SEC. 408. 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 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. 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; or
``(5) is a threat to the safety or security of a vessel or a
structure located within or adjacent to the marine
environment.''.
SEC. 410. 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:
``(c) The Secretary may prescribe by regulation requirements for
maximum hours of service (including recording and record-keeping of
that service) of individuals engaged on a towing vessel that is at
least 26 feet in length measured from end to end over the deck
(excluding the sheer).''.
(b) Demonstration Project.--Prior to prescribing regulations under
this section the Secretary shall conduct and report to the Congress on
the results of a demonstration project involving the implementation of
Crew Endurance Management Systems on towing vessels. The report shall
include a description of the public and private sector resources needed
to enable implementation of Crew Endurance Management Systems on all
United States-flag towing vessels.
SEC. 411. AUTOMATIC IDENTIFICATION SYSTEM ELECTRONIC CHARTS.
Section 70114(a)(1) of title 46, United States Code, is amended by
inserting ``, including an electronic chart and related display,''
after ``automatic identification system'' the first place it appears.
SEC. 412. 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 that embarks
passengers from a United States port may not depart from a United
States port if the Secretary finds that the vessel does not comply with
the standards stated in the International Convention for the Safety of
Life at Sea to which the United States Government is currently a
party.''.
(b) Conforming Amendment.--Section 3303 of title 46, United States
Code, is amended by inserting ``and section 3505'' after ``chapter
37''.
TITLE V--FEDERAL MARITIME COMMISSION
SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL MARITIME
COMMISSION.
There is authorized to be appropriated to the Federal Maritime
Commission for $18,471,000 for Fiscal Year 2004.
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 CUTTER SUNDEW.
(a) In General.--Upon the scheduled decommissioning of the Coast
Guard Cutter SUNDEW, the Commandant of the Coast Guard shall convey all
right, title, and interest of the United States in and to that vessel
to Duluth Entertainment and Convention Center Authority (a nonprofit
corporation under the laws of the State of Minnesota; in this section
referred to as the ``recipient''), located in Duluth, Minnesota,
without consideration, if--
(1) the recipient agrees--
(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 the use by the Government under subparagraph (C);
(2) the recipient has 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 in an amount of at least $700,000; and
(3) the recipient agrees to any other conditions the
Commandant considers appropriate.
(b) Maintenance and Delivery of Vessel.--Prior to conveyance of the
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. If a conveyance is made under this section,
the Commandant shall deliver the vessel at the place where the vessel
is located, in its present condition, and without cost to the
Government. The conveyance of the 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)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient 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) M/V BLUEFIN.--The gross tonnage of the M/V BLUEFIN (United States
official number 620431) as measured under regulations prescribed under
section 14502 of title 46, United States Code, is deemed to be 488
tons.
(b) M/V COASTAL MERCHANT.--The gross tonnage of the M/V COASTAL
MERCHANT (United States official number 1038382) as measured under
regulations prescribed under section 14502 of title 46, United States
Code, is deemed to be 493 tons.
(c) Termination of Application.--Subsection (a) or (b) shall not
apply on and after any date on which the Secretary of the Department in
which the Coast Guard is operating determines, respectively, that the
vessel M/V BLUEFIN or the vessel M/V COASTAL MERCHANT 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 to be used to carry individuals for a fare or to be chartered
on a for-hire basis in the coastwise trade.
SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.
(a) Designation.--The Secretary of Transportation may designate a
National Maritime Enhancement Institute for the Great Lakes Region.
(b) Authorized Activities.--In addition to the activities that may be
undertaken by that Institute under section 8(b) of Public Law 101-115
(46 App. U.S.C. 1121-2), the Great Lakes National Maritime Enhancement
Institute may--
(1) conduct research and evaluate short sea shipping market
opportunities on the Great Lakes, including the expanded use of
freight ferries, improved mobility, and regional supply chain
efficiency;
(2) evaluate markets for foreign trade between ports on the
Great Lakes and draft-limited ports in Europe and Africa;
(3) evaluate the environmental benefits of waterborne
transportation in the Great Lakes region;
(4) analyze the effect of the Harbor Maintenance Tax on Great
Lakes shipping;
(5) study the state of shipbuilding and ship repair base on
the Great Lakes;
(6) evaluate opportunities for passenger vessel services on
the Great Lakes;
(7) analyze 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;
(8) evaluate the economic viability establishing
transshipment facilities for oceangoing cargoes;
(9) evaluate the adequacy of the infrastructure in ports to
meet the needs of marine commerce; and
(10) study and develop new vessel designs for domestic and
international shipping on the Great Lakes.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $5,000,000 for each of fiscal years 2004
through 2008 for the activities described in subsection (b).
SEC. 606. AGILE PORT AND INTELLIGENT BORDER SECURITY NATIONAL
DEMONSTRATION PROJECT.
(a) In General.--The Secretary of Transportation may carry out an
Agile Port and Intelligent Border Security National Demonstration
Project under the Center for the Commercial Deployment of
Transportation Technologies to develop and deploy dual use
transportation technologies for commercial applications, including the
following:
(1) Agile port facilities, including inland multi-modal
transportation facilities.
(2) Advanced cargo and passenger vessel hull design,
propulsion systems, and construction.
(3) Regional supply chain efficiency, improved mobility, and
air quality.
(4) Maritime, port, cargo, and supply chain security, and
total asset visibility.
(b) Authorization of Appropriations.--To carry out the demonstration
project under subsection (a) there is authorized to be appropriated to
the Secretary of Transportation $5,000,000 for fiscal year 2004.
SEC. 607. 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 RAINER 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 Seaward, 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.
SEC. 608. 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).
SEC. 609. DREDGING STUDY.
(a) Study.--The Director of the Congressional Budget Office shall
study and report to the Committee on Transportation and Infrastructure
of the House of Representatives on the impacts of chartering by foreign
citizens of dredges documented under the laws of the United States,
on--
(1) the structure, conduct, and performance, of the United
States dredging market; and
(2) costs paid by Federal agencies for dredging projects.
(b) Foreign Citizen Defined.--In subsection (a), the term ``foreign
citizen'' means any corporation, partnership, or association that does
not qualify as a citizen of the United States under section 2 of the
Shipping Act of 1916 (46 APP. U.S.C. 802).
SEC. 610. REPORT REGARDING SECURITY INSPECTION OF VESSELS AND VESSEL-
BORNE CARGO CONTAINERS ENTERING THE UNITED STATES.
(a) In General.--Not 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 report to the Congress regarding the
numbers and types of vessels and vessel-borne cargo containers that
enter the United States in a year.
(b) Contents.--The report under this section shall include the
following:
(1) A section regarding security inspection of vessels that
includes the following:
(A) 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.
(B) 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.
(C) An estimate of the per-vessel cost that would be
incurred by the Federal Government in inspecting in a
foreign port each type of vessel that enters the United
States each year, including costs for personnel,
vessels, equipment, and funds.
(D) An estimate of the annual total cost that would
be incurred by the Federal Government in inspecting in
foreign ports all vessels that enter the United States
each year, including costs for personnel, vessels,
equipment, and funds.
(2) A section regarding security inspection of containers
that includes the following:
(A) 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.
(B) 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.
(C) An estimate of the per-container cost that would
be incurred by the Federal Government in inspecting in
a foreign port each type of vessel-borne container that
enters the United States each year, including costs for
personnel, vessels, equipment, and funds.
(D) An estimate of the annual total cost that would
be incurred by the Federal Government in inspecting in
foreign ports all vessel-borne containers that enter
the United States each year, including costs for
personnel, vessels, equipment, and funds.
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(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the
end the following:
``(9) Nontank vessel defined.--In this subsection, the term
`nontank vessel' means a self-propelled vessel of 400 gross
tons (as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under section
14302 of such title as prescribed by the Secretary under
section 14104 of such title) 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) by inserting ``, nontank vessel,''
after ``vessel'';
(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), by--
(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) for nontank vessels, consider any applicable
State-mandated response plan and ensure consistency to
the extent practicable.'';
(6) in paragraph (5)(E), in the matter preceding clause (i),
by inserting ``nontank vessel,'' after ``vessel,'';
(7) in paragraph (5)(E)(i) by inserting ``nontank vessel,'' ,
after ``vessel,'';
(8) in paragraph (5)(F) by striking ``tank vessel or'' and
inserting ``vessel or'';
(9) in paragraph (5)(G) by inserting ``nontank vessel,''
after ``vessel,'';
(10) in paragraph (5)(H) by inserting ``and nontank vessel''
after ``each tank vessel'';
(11) 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--'';
(12) in paragraph (6)(B) by inserting ``, and nontank vessels
carrying oil of any kind as fuel for main propulsion,'' after
``cargo''; and
(13) in paragraph (7) by inserting ``, nontank vessel,''
after ``vessel''.
(c) Implementation Date.--The President shall not require 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) to prepare and submit a vessel response plan for such
vessel before the end of the one-year period beginning on the date of
the enactment of this Act.
SEC. 702. REQUIREMENTS FOR TANK LEVEL AND PRESSURE MONITORING DEVICES.
Section 4110 of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note)
is amended--
(1) in subsection (a), by striking ``Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall'' and inserting ``The Secretary may'';
(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''.
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),
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 bankruptcy, tax
delinquency, abandonment, or other
circumstances in which the government
involuntarily acquires title by virtue of its
function as sovereign; and
``(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 decisionmaking
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 decisionmaking 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 bankruptcy,
tax delinquency, abandonment, or 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;
``(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
311(c) of the Federal Water Pollution
Control Act (33 U.S.C. 311(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,
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 discharge of the oil on, in, or at the
facility;
``(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 placed 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
``(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 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, minimize or mitigate
any substantial threat of discharge;
and
``(III) prevent or limit any human,
environmental, or natural resource
exposure to any discharged oil.
``(B) Regulations establishing standards and
practices.--Not later than 2 years after the date of
the enactment of this paragraph, the Secretary 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 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 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,
including, to the extent available, 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 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 or appropriate
official 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 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 the oil by appropriate
inspection.
``(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.''.
Purpose of the Legislation
H.R. 2443 authorizes appropriations for the Coast Guard and
the Federal Maritime Commission in Fiscal Year 2004. The bill
also makes changes to laws governing the Coast Guard, shipping,
and navigation.
Background and Need for the Legislation
The United States Coast Guard was established on January
28, 1915, through the consolidation of the Revenue Cutter
Service (established in 1790) and the Lifesaving Service
(established in 1848). The Coast Guard later assumed the duties
of three other agencies: the Lighthouse Service (established in
1789), the Steamboat Inspection Service (established in 1838),
and the Bureau of Navigation (established in 1884).
The Coast Guard remained a part of the Department of the
Treasury until 1967, when it was transferred to the newly
created Department of Transportation. Under the Homeland
Security Act of 2002, Public Law 107-296, the Coast Guard moved
to the new Department of Homeland Security on March 1, 2003.
Under section 2 of title 14, United States Code, the Coast
Guard has primary responsibility to enforce or assist in the
enforcement of all applicable Federal laws on, under, and over
the high seas and waters subject to the jurisdiction of the
United States; to ensure safety of life and property at sea; to
protect the marine environment; to carry out domestic and
international icebreaking activities; and to ensure the safety
and security of vessels, ports, waterways, and related
facilities.
As the fifth armed force of the United States, the Coast
Guard also maintains defense readiness to operate as a
specialized service in the Navy upon the declaration of war or
when the President directs. The Coast Guard is composed of
approximately 37,000 active duty military personnel, 9,000
reservists, 6,400 civilian employees, and 32,000 volunteers of
the Coast Guard Auxiliary. The Coast Guard has defended the
Nation in every war since 1790. In fact, the Coast Guard
deployed assets to the Persian Gulf and Mediterranean region to
take part in the U.S. military's Operation Iraqi Freedom.
The Committee is particularly concerned about
implementation of the Integrated Deepwater System (Deepwater)
acquisition program. The U.S. Coast Guard has embarked on a
``system-of-systems'' approach to recapitalization to deal with
the problem of block obsolescence of key assets. In 1996, the
Coast Guard recognized that their systems and operating assets
were reaching the end of their useful life, while at the same
time the demands being placed on the Coast Guard, even then,
were increasing. The Coast Guard realized they would not have
the money to replace core assets on a one-by-one basis.
Therefore, they focused on development of a capabilities-based
approach to procurement in which the system would provide the
capability rather than single platforms.
Expanded responsibilities within the Department of Homeland
Security and the need to sustain core mission effectiveness,
have resulted in significantly higher operation tempos and a
severe strain on the aging assets. The need for a complete
recapitalization is compelling. The Coast Guard operates the
second oldest naval fleet in the world. In fact, some currently
operating assets were commissioned in WWII. Nearly half of the
110' Patrol Boat fleet is in immediate need of repair for
structural deterioration, resulting in the direct loss of
several hundred patrol days annually. On average, the High
Endurance Cutter fleet suffers a fire in their main engineering
space on every patrol, and the fleet's main search and rescue
helicopter is equipped with radar designed and installed nearly
20 years ago. Deepwater will provide for new cutters,
surveillance assets and Command & Control, Communications
Computers, Intelligence, Surveillance, and Reconnaissance
(C4ISR), which will allow the service to ``push out the
borders'' and meet other homeland security mission
requirements, while ensuring adequate resources to effectively
sustain their traditional missions.
However, Deepwater has not received the basic annual
funding projected in 1998. As such, the Committee has
authorized $702,000,000 in Fiscal Year 2004 funding. This
authorization restores Deepwater to its original 20 year
implementation plan. This level of funding is necessary to
ensure the timely delivery of scheduled assets.
Additionally, the Committee remains very interested in
benefits associated with acceleration of Deepwater. The
Committee fully supports the March 7, 2003 Coast Guard Report
to Congress and expects the Department of Homeland Security and
the Administration to submit a Fiscal Year 2005 budget for
Deepwater at the accelerated level of $1,892,000,000 and that
out year requests likewise be commensurate with the Deepwater
acceleration plan submitted to the Congress. The effective
accomplishment of the Coast Guard's national and homeland
security missions, as well as its ability to sustain the level
of performance of its traditional missions is predicated upon
having the required funding to recapitalize its aging assets
sooner than the projected 20 year plan.
The Committee is aware that the Coast Guard's homeland
security functions include the requirement to check the names
of crewmembers and stowaways against information on individuals
who are on the national security watch list. In addition, the
Coast Guard and other homeland security and law enforcement
agencies are attempting to coordinate and consolidate databases
containing watch list information. Achieving both of these
tasks is complicated by the fact that exact string matches
often fail to identify a potentially dangerous individual. The
Committee believes that it is imperative to permit the
utilization of multiple alternative technologies in the
resolution of this problem. Therefore, the Committee urges the
Coast Guard, in cooperation with other appropriate agencies, to
use technology to perform name and address correlation
functions where exact matches are not possible. It is
preferable to use a variety of methods to perform inexact
string matching, rather than relying on a single technical
approach. The correlation technology must be database
independent and should be able to handle more than names only.
Summary of H.R. 2443
Sec. 1. Short Title. This Act may be cited as the ``Coast
Guard and Maritime Transportation Act of 2003''.
TITLE I--COAST GUARD AUTHORIZATION
Sec. 101. Authorization of Appropriations. This section
authorizes funds for fiscal year 2004 at the following levels:
Appropriation Dollars
Operating Expenses...................................... $4,996,000,000
Capital Acquisitions.................................... 1,097,000,000
Retired Pay............................................. 1,020,000,000
``Operating Expenses'' combines the previously separate
accounts of Operating Expenses (OE), Reserve Training (RT), and
Environmental Compliance and Restoration (EC&R). The amount
authorized is $159 million over the Administration's Fiscal
Year 2004 budget request. Of this amount, $70 million is for
the review of domestic vessel and port facility security plans,
$39 million is for the creation of an additional Coast Guard
Helicopter Interdiction Tactical Squadron (HITRON), and $50
million is for foreign port assessments and the review of
foreign vessel security plans.
Currently, the only Coast Guard HITRON squadron is based in
Jacksonville, Florida. This section authorizes $39 million for
leasing and deploying a squadron of 6 HITRON helicopters in
Southern California. Since the program's inception in 1999,
HITRON helicopters have interdicted successfully over 56,037
pounds of cocaine that were being smuggled into the United
States. This cocaine had a value of $1,793,184,000. The
Interagency Assessment of Cocaine Movement estimated that 544
Metric Tons of Cocaine departed South America for the United
States in 2002. Of this total, 46% (250 Metric Tons) was
estimated to flow through the Eastern Pacific. The Committee
believes that deployment of a squadron of HITRON helicopters to
Southern California will help stem the flow of cocaine and
other illegal shipments into the West Coast of the United
States.
``Capital Acquisitions'' combines the previously separate
accounts of Acquisition, Construction, and Improvements (AC&I);
Research, Development, Test, and Evaluation (RDT&E); and
Alteration of Bridges (AB). The amount authorized is $300
million over the Administration's request. Of this amount, $202
million is authorized for Deepwater, $80 million for avionics
for the first of four already delivered C130-J maritime patrol
aircraft, and $18 million for the Truman-Hobbs bridge
alteration program. The Committee's concerns about Deepwater
implementation were explained earlier in this report.
This section also authorizes $1,020,000,000 in Coast Guard
retired pay.
Sec. 102. Authorized Levels of Military Strength and
Training. This section authorizes a Coast Guard end-of-year
strength of 45,500 active duty military personnel for Fiscal
Year 2004. This level includes the increases proposed by the
Administration. At the end of Fiscal Year 2003, 37,000 active
duty personnel were serving in the Coast Guard. This section
also authorizes average military training student loads for
Fiscal Year 2004 as follows:
Training Student years
Recruit/Special................................................... 2,500
Flight............................................................ 125
Professional...................................................... 350
Officer........................................................... 1,200
TITLE II--COAST GUARD MANAGEMENT
Sec. 201. Long-Term Leases. This section allows the
Commandant to enter into leases of up to 20 years for Coast
Guard property with 1) the Coast Guard Academy Alumni
Association to construct an Alumni visitor facility at the
Coast Guard Academy; and 2) non-Federal entities to carry out
cooperative agreements under Section 4 (e) of the Ports and
Waterways Safety Act. Current law limits such leases to no more
than five years.
The Coast Guard Academy Alumni Association plans to build a
20,000 square foot Alumni Center at the Coast Guard Academy.
This building will be built with private funds. The estimated
cost is $4,000,000. The Alumni Association wants to assure it
has control over the Alumni Center for a period of time
sufficient to justify this investment.
Section 302 amends the Ports and Waterways Safety Act (33
U.S.C. 1223) to authorize the Commandant to enter into
cooperative agreements with non-Federal entities to carry out
Ports and Waterways Safety Act vessel operating requirements,
including vessel traffic services. The Coast Guard granted a
license to the Marine Exchange of Los Angeles/Long Beach in
1987, to occupy Coast Guard owned property. The Marine Exchange
has since made improvements to the property and has installed
vessel tracking radar and extensive communications, data
processing, and other equipment. In 1993, Congress authorized
the Coast Guard to provide personnel support to the Marine
Exchange to jointly operate a Vessel Traffic Information
Service. This operational partnership has been successful, and
the Coast Guard intends to use such partnerships in other
ports. To be successful, Coast Guard's partners must make
substantial improvements to the real property involved and
significant capital investment in the equipment and
infrastructure necessary for a sophisticated operation. To
justify these investments the partners require lease terms
longer than five years.
Sec. 202. Nonappropriated Fund Instrumentalities. This
section provides authority for Coast Guard exchanges and
morale, welfare, and recreation systems (MWR) to enter into
contracts or other agreements with another department, agency,
or instrumentality of the Coast Guard or another Federal agency
to provide goods and services beneficial to the efficient
management and operation of the exchange and MWR systems. This
section provides Coast Guard Exchanges parity with Department
of Defense non-appropriated fund instrumentalities (10 U.S.C.
2482a).
Sec. 203. Term of Enlistments. This section authorizes the
Commandant of the Coast Guard to accept original enlistments
for other than full years, and reenlistments for any term of
years and months from two years to six years. This will make
Coast Guard enlistments consistent with Department of Defense
enlistments. The Coast Guard will gain greater billet alignment
between commands and assignments during transfer seasons, and
greater flexibility in maintaining force readiness.
Sec. 204. Enlisted Member Critical Skill Training Bonus.
This section authorizes the Coast Guard to offer an incentive
bonus to encourage enlisted members to enter certain critical
skill specialties. The Coast Guard currently has authority to
offer enlistment bonuses (37 U.S.C. 309) and retention bonuses
(37 U.S.C. 323), but does not have authority to offer a bonus
to a member who voluntarily enters a specialty school to gain
training in a critical skill. This proposal authorizes such a
bonus to enlisted members who complete training in a skill
designated as critical, provided at least four years of
obligated active service remain on the member's enlistment at
the time the training is completed.
The Coast Guard has shortages of enlisted members on active
duty in certain critical skills, such as Electricians Mate,
Electronics Technician, Food Service Specialist, Machinery
Technician, Storekeeper, and Telecommunications Specialist.
Most of these skills result in assignments to ships, where
being a junior enlisted Coast Guardsman is often very difficult
due to working conditions and time spent at sea. Therefore, the
Coast Guard has difficulty in encouraging junior enlisted
personnel to seek out these specialties. The authority to
provide an incentive bonus to enlisted members will assist in
curtailing the shortages in certain critical skills.
Sec. 205. Enhancement of Coast Guard Authority to Stop
Vessels Liable to Seizure or Examination. Under 14 U.S.C. 89,
the Coast Guard is authorized to board, examine, and search
vessels to detect violations of U.S. law. It may use ``all
necessary force to compel compliance'', including the use of
disabling fire to stop a vessel that refuses to comply with a
lawful order to stop. 14 U.S.C. 637 indemnifies government
personnel operating from Coast Guard vessels or aircraft and
Naval vessels with Coast Guard members assigned from damages
resulting from the use of disabling fire. However, the
indemnity applies only if a warning shot is given prior to the
use of disabling fire. In some instances, it may be dangerous
or impracticable to fire warning shots. Warning shots are
generally fired near, but not at, a non-compliant vessel, so
they may pose a risk to others if used in congested waters or
near shore. Disabling fire is specifically targeted at a
particular vessel so it does not present a risk to others. This
section eliminates the requirement to fire a warning shot as a
condition precedent to indemnification under 14 U.S.C. 637,
when use of a warning shot is not practical.
Sec. 206. Administrative, Collection, and Enforcement Costs
for Certain Fees and Charges. Under current law, there are
three statutes pursuant to which the Coast Guard collects user
fees for its services. The Independent Offices Appropriations
Act, 31 U.S.C. 9701, passed in 1951, is general user fee
authority that applies to the entire Federal Government,
including the Coast Guard. Also, under 46 U.S.C. 2110, the
Secretary is required to establish user fees for services
provided under subtitle II of title 46, United States Code
(primarily marine safety activities, e.g., inspection of
certain vessels; licensing, certification, and documentation of
personnel, etc.). Finally, section 664 of title 14, United
States Code, provides authority for the Coast Guard to
establish user fees for goods and services it provides.
This section amends section 664 of title 14 to better
coordinate the statutory provisions governing fees and charges
currently levied by the Coast Guard for services furnished
under subtitle II of title 46 and under title 14, United States
Code. This proposal does not establish a new user fee or seek
to authorize the collection of any amounts in excess of the
full (direct and indirect) costs of providing a given service
for which the fee is being charged.
Currently, the Secretary is authorized to recover
appropriate collection and enforcement costs associated with
delinquent payments of the fees and charges associated with
services provided under subtitle II of title 46, but not under
section 664 of title 14. This section will make parallel the
provisions applicable to title 46 and title 14 user fees
collection. This section authorizes the Secretary to recover
appropriate collection and enforcement costs associated with
delinquent payments of fees and charges authorized under title
14, and allows other Federal, State, local, or private entities
to collect such a fee or charge. These authorities already
exist for title 46 fees and charges.
Finally, this section amends title 14, to define what
constitutes the costs of collecting a fee or charge, so that it
explicitly includes reasonable administrative, personnel,
contract, equipment, supply, training, and travel expenses
related to administration, management, and oversight of user
fees authorized by law. Importantly, this will include the
compilation and analysis of cost and user data. In recent
years, both Congress and the Executive Branch have sought to
obtain such data from Federal agencies on a recurring basis.
Section 405 incorporates the same definition in title 46.
Sec. 207. Expansion of Coast Guard Housing Authorities. In
1996, Congress enacted a broad set of authorities for the
Department of Defense to use in its Military Housing
Privatization Initiative. The existing Coast Guard housing
authorities are more limited. This section provides the Coast
Guard with the same direct loan authority for the acquisition
and construction of housing currently available to the
Department of Defense. The section also allows the Commandant
to make differential lease payments if necessary to encourage
private construction of Coast Guard housing.
Section 687(g) of title 14 authorizes a demonstration
project in Kodiak, Alaska to acquire or construct military
family or unaccompanied housing through contracts with Alaska-
based small business concerns qualified under the Small
Business Administration's section 8(a) program. This section
allows for more than one demonstration project, and allows the
projects to be conducted at any Coast Guard installation in
Alaska.
Sec. 208. Requirement for Constructive Credit. Current
section 727 of title 14 requires that a Reserve Law Specialist
be given a minimum of three years constructive credit upon
assignment or designation. This section reduces the amount of
mandatory constructive credit to only one year. It will allow
the Coast Guard to consider the officer's education and
experience, potential career opportunities, and service needs
to determine appropriate credit.
Sec. 209. Maximum Age for Retention in an Active Status.
This section changes the mandatory age at which a Reserve
officer is transferred to the Retired Reserve from sixty-two
years of age to sixty years of age and would change the
mandatory age at which a Reserve officer (other than those
eligible for retirement or a Reserve rear admiral or rear
admiral (lower half)) shall be discharged from sixty-two years
of age to sixty years of age. It aligns Coast Guard Reserve
officers' maximum retention age with that of other armed
services Reserve officers, and also codifies the longstanding
Coast Guard policy to remove Reserve officers from active
status at age sixty.
Sec. 210. Payments. This section authorizes the Coast Guard
to use pay offsets to recover delinquent amounts owed by
military members and civilian employees who hold Federal
contractor-issued travel charge cards.
Sec. 211. Coast Guard Fellowship Program. This section
provides statutory authority for the Coast Guard Congressional
Fellowship Program. This program is modeled after the current
Congressional Fellowship Program administered by the Department
of Defense by allowing 4 mid-grade officers to be assigned as
fellows for a one-year term in House and Senate offices
(including Committees). To protect against abuses in separation
of powers principles and conflicts of interest, section 211
adopts the restrictions contained in the House Ethics Manual
and prohibits all Coast Guard Fellows from engaging in duties
that will result in any direct or indirect benefit to the Coast
Guard, other than broadening the fellow's knowledge. Any fellow
violating this restriction will be subject to appropriate
discipline by the Commandant of the Coast Guard. This section
will allow 4 Coast Guard officers to learn about Congress. The
Coast Guard currently has assigned eight Fellows to their
Fellowship program on Capitol Hill.
Sec. 212. Air Search and Rescue Facility in Muskegon
County, Michigan. Since 1997, the Coast Guard has operated a
seasonal search and rescue air facility (AirFac) at the
Muskegon County Airport in Muskegon, Michigan. The AirFac and
required berthing space is operated out of a hangar on the
airport grounds under the arrangements of lease with the U.S.
Coast Guard. The hangar and berthing space, utilized by the
Coast Guard to this day, was intended to be only the temporary
location of the AirFac until a permanent facility was
constructed to house the AirFac at Muskegon, Airport.
This section allows the Coast Guard to enter into a lease
of up to 20 years for a new facility constructed by Muskegeon
County that meets criteria established by the Commandant. The
Committee expects the Coast Guard to act expeditiously toward
entering into a long term lease with the County for a facility
that meets Coast Guard criteria. The Committee expects a report
from the Coast Guard no later than December 15, 2003 on
progress toward negotiating such a lease.
Sec. 213. National Coast Guard Museum. The section allows
the Commandant to establish a National Coast Guard Museum. That
museum may be located in New London, Connecticut. No Federal
funds may be spent on the planning, engineering, design,
construction, operation or maintenance of the Museum, and an
operation and maintenance plan must be submitted to the
Committee before it is established. The plan must include the
estimated cost of operation and maintenance, and proposed
sources of operation and maintenance funds. The estimated costs
and proposed funding sources must be certified as reasonable
and realistic by the Inspector General of the Department in
which the Coast Guard is operating.
Sec. 214. Limitation on Number of Commissioned Officers.
The number of commissioned officers in the Coast Guard is set
by statute in section 42 of title 14, United States Code.
Currently, the overall number of officers cannot exceed 6,200.
Increased homeland security requirements, however, are expected
to drive up the officer needs of the Coast Guard by 17 percent.
With a current officer corps of approximately 5,600 officers,
an additional 900 officers for homeland security missions will
require a change to the officer ceiling in section 42 of title
14, United States Code. This section provides a one year
increase in the authorized officer cap to 6,700. This ceiling
will accommodate the homeland security increase. The Coast
Guard budget proposes to convert 78 billets from military to
civilian positions in each of fiscal years 2003 and 2004. The
Committee urges the Coast Guard to accelerate the conversion to
civilian positions those jobs that are not required for
military purposes. This conversion will provide for increased
continuity in positions and decrease the need for additional
officer billets in the future.
Sec. 215. Redistricting Notification Requirement. This
section requires the Commandant to notify the Committee at
least 180 days before implementing a plan to change the
boundaries of Coast Guard districts, or before shifting more
than 10 percent of the personnel or equipment from the station
where they are based.
TITLE III--NAVIGATION
Sec. 301. Marking of Underwater Wrecks. This section grants
the Coast Guard discretion to permit a sunken wreck to be
marked without using a lighted buoy. Under current law, the
owner or operator of a vessel wrecked and sunk in a navigable
channel must immediately mark it with a ``buoy or beacon during
the day and a lighted lantern at night'', and maintain the
marker until the wreck is removed. In navigable channels on the
Western Rivers, use of a lighted aid to mark a wreck is
generally not practicable due to the fast current and floating
debris common in those rivers. Lighted aids, which are larger
and heavier than unlighted markers, tend to submerge in the
fast current, and are pushed off station by the force of the
current on debris snagged by the aid. It is largely for this
reason that of the over 10,000 buoys positioned by the Coast
Guard to mark navigable channels on the Western Rivers, only 12
are seasonal lighted buoys, and those are limited to pooled
waters behind dams where current is not a factor. Mariners
operating vessels on these rivers are accustomed to navigating
with unlighted buoys. Due to the failure of owners/operators to
mark their wrecked vessels, much of this type of marking is
currently performed by the Coast Guard. The Coast Guard
generally uses unlighted buoys for this purpose.
Sec. 302. Use of Electronic Devices; Cooperative
Agreements. This section amends the Ports and Waterways Safety
Act (33 U.S.C. 1223) to authorize the Secretary to prohibit the
use on the bridge of vessels of certain electric and electronic
devices that interfere with communications or navigation
equipment. The potential exists for electric and electronic
devices to create harmful interference to global positioning
system (GPS) navigation receivers, maritime radars,
communications equipment, and other systems aboard vessels.
This change gives the Coast Guard the authority to prohibit
those devices on the bridges of vessels if it is determined
that they pose a threat to the safety of vessels.
New international regulations governing the safety of life
at sea currently in force require that portable electrical and
electronic equipment shall not be operated on the bridge if it
may affect the proper function of navigational systems and
equipment. This change will allow for implementation of this
regulation. With the increased reliance on GPS, interference to
GPS receivers could become a significant problem, especially
when GPS systems are integrated with automatic heading control
and dynamic positioning systems that control the navigation and
movement of the vessel. Interference has been known to cause
GPS systems to generate false positions. A slight position
``error'' may cause enough of a heading change to run a ship
aground.
This section also amends the Ports and Waterways Safety Act
(33 U.S.C. 1223) to authorize the Commandant to enter into
cooperative agreements with non-Federal entities to carry out
Ports and Waterways Safety Act vessel operating requirements,
including vessel traffic services. An amendment contained in
Sec. 201 allows the Commandant to enter into leases of up to 20
years for the use of Coast Guard property if necessary to carry
out these cooperative agreements.
Sec. 303. Inland Navigation Rules Promulgation Authority.
This section proposes to remove the Inland Navigation Rules
from 33 U.S.C. 2001 if the Secretary promulgates Inland
Navigation Rules through a regulatory proceeding. The statutory
rules remain in effect until such regulations become effective.
This change allows for future changes to the Inland Navigation
Rules through the regulatory process without the need for
statutory changes. International Rules for Preventing
Collisions at Sea are currently contained in regulation rather
than statute.
TITLE IV--SHIPPING
Sec. 401. Reports from Charterers. This section gives the
Secretary the authority to require reports from vessel
charterers to ensure compliance with laws governing vessels
engaged in coastwise trade and in the fisheries. Under current
law, the Secretary may require reports from vessel owners and
masters.
Sec. 402. Suspension of Documents in lieu of Mandatory
Revocation for Proved Drug Convictions. Under current law, the
merchant mariner's credential (MMC) must be revoked if the
credential holder is convicted of violating a State or Federal
drug law, or found to use, or be addicted to, a dangerous drug.
However, if evidence of proof of cure is provided, the
credential of a drug user or addict need not be revoked. No
option other than revocation is provided for a drug offense
conviction.
In 1994, the Coast Guard began using Settlement Agreements
to resolve suspension and revocation cases without a hearing.
These have been particularly successful in cases involving drug
use where the Administrative Law Judge (ALJ) need not revoke
credentials if the holder provides satisfactory proof of cure.
The Coast Guard seeks the discretion to suspend a mariner's
credentials in dangerous drug law conviction cases. Use of that
discretion will allow the use of Settlement Agreements to
resolve cases involving minor drug convictions. The Coast Guard
believes that granting ALJs discretion to approve settlement
agreements will improve the administration of the MMC program
by removing the requirement for a hearing and revocation in
every case involving a drug conviction. This will allow minor
cases to be settled quickly leaving resources available to
focus on more serious cases.
Sec. 403. Inspection of Records of Merchant Mariners'
Documents. This section strikes the prohibition on ``general or
public inspection'' of merchant mariners'' documents (MMDs).
Striking this prohibition will bring merchant mariners'
documents under the record protection and release policies of
the Privacy Act, 5 U.S.C. 552a, and Freedom of Information Act
(FOIA), 5 U.S.C. 552. Since no similar prohibition exists for
merchant mariners' licenses, or certificates, this change
provides equal treatment for all merchant mariners'
credentials. With this change, release of information regarding
all credentials will be governed by the Privacy Act and FOIA.
The prohibition against ``general or public inspection'' of
MMDs was enacted decades before the Privacy Act and FOIA. The
prohibition denies access to MMDs even to individuals with
legitimate reasons for accessing that information. Even a
request to verify a mariner's qualifications is refused by the
National Maritime Center (NMC). NMC cannot confirm to an
employer that a mariner is documented. The prohibition prevents
family members and historians seeking information about
deceased mariners, even upon presentation of a valid death
certificate, from receiving information.
Sec. 404. Exemption of Unmanned Barges from Citizenship
Requirements Regarding Command of Vessel. Current law requires
all documented vessels, other than vessels with a recreational
endorsement, to be under the command of a citizen of the United
States. This section exempts unmanned barges from this
requirement unless those vessels are engaged in a coastwise
voyage. When an unmanned U.S. barge is in service with a tug,
or other vessel, not under the operational control of a U.S.
citizen, this requirement places an administrative burden on
the barge operator that results in no practical benefit.
To comply with the U.S. citizen-in-command requirement, a
U.S. citizen deckhand is sometimes designated as the ``barge
master'' on the towing vessel, so that the unmanned barge will
be ``under the command of'' a U.S. citizen. This solution is an
artificial one that lends no real value, since the ``barge
master'' is not in command as a practical matter, having no
control over the tug. Rather, it is the master of the tug who
has control of both the tug and the barge, and makes the
decisions concerning navigation, crew hiring and firing,
discipline, and compliance with laws and regulations.
Designating a U.S. citizen ``barge master'' on board the tug
does not confer decisionmaking authority on that citizen, but
it could burden that person with the consequences of the tug
operator's actions.
Under current law, an unmanned barge not under command of a
U.S. citizen is subject to seizure and forfeiture. Strict
enforcement of this requirement would effectively prohibit
owners of U.S. documented barges from bareboat chartering their
vessels to foreign interests. To comply with existing law, a
U.S. citizen would have to be aboard any foreign tug that tows
a bareboat chartered U.S. barge and be designated as in command
of that barge. Lighter Aboard Ship (LASH) barges discharged in
foreign ports cannot comply with this requirement unless the
vessel carrying the LASH barges also carries at least one U.S.
citizen who would leave the LASH carrier to accompany the
barges when discharged.
Sec. 405. Administrative, Collection, and Enforcement Costs
for Certain Fees and Charges. Under current law, there are
three statutes pursuant to which the Coast Guard collects user
fees for its services. The Independent Offices Appropriations
Act, 31 U.S.C. 9701, passed in 1951, is general user fee
authority that applies to the entire Federal Government,
including the Coast Guard. Also, under 46 U.S.C. 2110, the
Secretary is required to establish user fees for services
provided under subtitle II of title 46, United States Code
(primarily marine safety activities, e.g., inspection of
certain vessels; licensing, certification and documentation of
personnel, etc.). Finally, section 664 of title 14, United
States Code, provides authority for the Coast Guard to
establish user fees for goods and services it provides.
This section defines what constitutes the costs of
collecting a fee or charge. These costs include reasonable
administrative, personnel, contract, equipment, supply,
training, and travel expenses related to administration,
management, and oversight of user fees authorized by law,
including the compilation and analysis of cost and user data,
which, in recent years, both Congress and the Executive Branch
have sought to obtain from Federal agencies on a recurring
basis. This proposal does not establish a new user fee or seek
to authorize the collection of any amounts in excess of the
full (direct and indirect) costs of providing a given service
for which the fee is being charged.
Sec. 406. Compliance with International Safety Management
Code. The section requires foreign flag vessels departing and
returning to the same U.S. port, or returning to another port
under the jurisdiction of the United States, to comply with the
International Safety Management Code when any part of the
voyage occurs on the high seas. This provision ensures that
vessels departing and returning to the same port, with no port
calls in between, are included in the definition of a ``vessel
engaged on a foreign voyage.''
Sec. 407. Civil Penalties for Failure to Comply with
Recreational Vessel and Associated Equipment Safety Standards.
A person manufacturing or selling a recreational boat that
contains a defect that creates a substantial risk of personal
injury to the public, or that fails to comply with an
applicable Federal recreational boat safety regulation, is
liable to the United States Government for a civil penalty of
not more than $2,000, except that the maximum civil penalty may
not be more than $100,000 for a related series of violations.
The Coast Guard believes these monetary penalties are too
small to have a substantial deterrent effect and are
insufficient to ensure (1) compliance with Federal recreational
boat safety regulations, (2) the exercise of reasonable
diligence by manufacturers in notifying owners and repairing
defective boats (and associated equipment), or (3) innovative
efforts by companies seeking to improve quality control and to
do a better job of building safe boats.
This section increases the maximum civil administrative
penalty from $2,000 to a maximum of $5,000, and increases the
maximum for a related series of violations from $100,000 to
$250,000. Current law applies these penalties for wrongful
manufacture or sale. This section also applies the penalties to
wrongful labeling and failure to notify of a recall.
Sec. 408. Revision of Temporary Suspension Criteria in
Document Suspension and Revocation Cases. This section corrects
a drafting error, and allows the Coast Guard to temporarily
suspend or revoke a merchant mariner's credentials (MMCs) if
the mariner has been convicted of certain National Driver
Register Act (NDRA) offenses. As written, the MMC could only be
temporarily suspended or revoked for a NDRA conviction if the
mariner was acting under the authority of the credential when
the NDRA violation occurred. Since there are no reasonable
scenarios under which a mariner will commit a motor vehicle-
related offense while on board ship, this section restores the
intent of the provision to allow suspension or revocation after
a conviction for operating a motor vehicle while under the
influence of, or impaired by, alcohol or a controlled
substance, or a traffic violation arising in connection with a
fatal traffic accident, reckless driving, or racing on the
highways.
Current law allows for longer-term suspension or revocation
of the MMC as a result of a NDRA suspension after a suspension
and revocation hearing. The provision amended by this section
only deals with temporary suspensions or revocations of no more
than 45 days prior to a hearing.
This section also provides authority to temporarily suspend
an MMC if the holder threatens the security of a vessel or the
port.
Sec. 409. Revision of Bases for Document Suspension and
Revocation Cases. This section allows the Coast Guard to
suspend or revoke a merchant mariner's credentials (MMC) if the
mariner commits an act of incompetence whether or not the
mariner is acting under the authority of the MMC at the time
the act occurs. Under current law, the Coast Guard can only
undertake suspension and revocation proceedings if the mariner
commits an act of incompetence while acting under the authority
of the MMC. Therefore, even if the Coast Guard has evidence
that a credential holder is physically or professionally
incompetent, under current law the agency must wait until the
mariner actually commits an act of incompetence while acting
under the authority of their MMC before suspending or revoking
an MMC. This section will allow the Coast Guard to initiate a
suspension and revocation proceeding without having to wait for
a marine casualty to occur if the agency has sufficient
evidence of incompetence.
The section also adds security threat as a basis for which
the Secretary may suspend or revoke an MMC.
Sec. 410. Hours of Service on Towing Vessels. This section
grants the Secretary of the department in which the Coast Guard
is operating the authority to prescribe maximum hours of
service for individuals engaged on a towing vessel that is
required to have a licensed operator under section 8904 of
title 46, United States Code. However, before prescribing those
regulations, the Secretary is required to conduct and report to
Congress on the results of a demonstration project involving
the implementation of Crew Endurance Management Systems on
these vessels.
In September 2001, a towing vessel struck a bridge at South
Padre Island, TX. The bridge collapsed, and 5 people died when
their cars or trucks went into the water. On May 26, 2002, a
towing vessel struck the I-40 highway bridge over the Arkansas
River at Webber Falls, OK. The bridge collapsed, and 14 people
died when their cars or trucks went into the Arkansas River.
As a result of these accidents, the Coast Guard and the
American Waterways Operators established a Joint Working Group
to examine the statistics of bridge allisions and measures that
could be taken to help prevent these types of casualties. The
study used a database of 2,692 bridge allision cases between
1992-2001. One of the recommendations of the working group's
May, 2003 report is to ``require the implementation of Crew
Endurance Management Systems (CEMS) throughout the towing
industry as a means of improving decision making fitness. In
addition, on June 1, 1999, the National Transportation Safety
Board issued Recommendation M-99-1 to the Coast Guard that
stated the Coast Guard should ``Establish within 2 years
scientifically based hours-of-service regulations that set
limits on hours of service, provide predictable work and rest
schedules, and consider circadian rhythms and human sleep and
rest requirements.''. This section would give the Coast Guard
the legal authority to implement these recommendations.
The Committee expects that the Secretary will carefully
evaluate the results of the demonstration project prior to
determining the need to establish maximum hours of service
regulations as permitted under subsection (a). Prior to
promulgating any such regulations, the Committee also expects
that the Secretary will evaluate the costs and benefits of
establishing maximum hours of service requirements on towing
vessels. This evaluation should include a review of Coast Guard
casualty data to determine whether there is statistical
evidence to support the need for new hours of service
regulations.
Sec. 411. Automatic Identification System Electronic
Charts. This section requires shipboard automatic
identification systems to include electronic charts and related
display. On September 22, 1993, at about 2:45 a.m. the towing
vessel Mauvilla and its barges became lost in the fog and
struck and displaced the Big Bayou Canot railroad bridge near
Mobile, Alabama. Later that night the Amtrak train, Sunset
Limited, derailed as it went over the bridge and fell into the
water killing 42 passengers and 5 crewmembers. The Committee
believes that electronic charts tied to a Global Positioning
Satellite receiver will help prevent accidents such as this in
the future.
This section does not limit the discretion of the Secretary
under 46 U.S.C. 70114(a)(2) to waive the application of 46
U.S.C. 70114(a)(1) if the Secretary finds that an electronic
chart and related display is not necessary for the safe
operation of a vessel or class of vessels on the waters on
which those vessels operate.
Sec. 412. Prevention of Departure. Current law authorizes
the Secretary to prevent a foreign passenger vessel from
departing a U.S. port, with passengers who are embarked at that
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 (SOLAS). However, the statute does
not provide a similar authority to the Secretary regarding
control of a foreign passenger vessel that may have embarked
passengers from a nearby foreign port and is conducting a
voyage to a U.S. port. The result of this distinction is that a
foreign vessel embarking U.S. passengers from a neighboring
country such as Canada or a Caribbean country and calling on
U.S. ports, would not be subject to the same detailed
examination as a foreign passenger vessel embarking passengers
from a U.S. port conducting a similar voyage. Without the
ability to conduct such an examination, it is difficult for the
Coast Guard to assure that such vessels are in compliance with
SOLAS regulations.
This section allows the Coast Guard to conduct examinations
to ensure that a passenger vessel calling on a U.S. port
complies with SOLAS so long as a U.S. citizen passenger is
aboard.
TITLE V--FEDERAL MARITIME COMMISSION
Sec. 501. Authorization of Appropriations for Federal
Maritime Commission. This section authorizes $18,471,000, the
Administration request, for the Federal Maritime Commission in
Fiscal Year 2004.
TITLE VI--MISCELLANEOUS
Sec. 601. Increase in Civil Penalties for Violations of
Certain Bridge Statutes. Bridges constructed across the
navigable waters of the United States are considered
obstructions to navigation and must provide for the reasonable
needs of navigation. Civil penalties for 20 potential bridge
statute violations range in amounts from $220 to $1,100 per day
and involve matters such as failure to install and keep bridge
lights and other signals in working order; unreasonable delay
in operating a draw opening after signal; and failure to give
timely notice of construction or modification events affecting
navigation. Vessel owners and operators are also subject to
penalties, for example, for signaling a drawbridge to open for
a nonstructural vessel appurtenance unessential to navigation
or easily lowered.
The Coast Guard maintains that current civil penalties for
violations of bridge laws and regulations are insufficient to
effectively discourage violations. Current law sets the civil
penalty at a maximum $1,000 per-day per-violation with each day
a violation continued constituting a separate offense. With the
minor adjustments allowed under the Federal Civil Monetary
Penalty Inflation Adjustment Act of 1990, the maximum civil
penalty is now $1,100 per-day per-violation.
This section increases the civil penalties for bridge
violations under the Rivers and Harbors Appropriations Act of
August 18, 1894; the Rivers and Harbors Appropriations Act of
March 3, 1899; the Bridge Act of 1906; and the General Bridge
Act of 1946 to $25,000 per-day per-violation. This section
phases in that increase over 5 years. Criminal penalties are
also available, and are not addressed by this section.
Sec. 602. Conveyance of Decommissioned Coast Guard Cutter
Sundew. This section directs the Commandant to convey the
decommissioned Coast Guard cutter SUNDEW to the Duluth
Entertainment and Convention Center Authority, in Duluth,
Minnesota. Before conveyance, the recipient must agree that the
vessel: (1) will be used for education and historical display
purposes; (2) must not be used for commercial transportation;
and (3) will be made available to the United States Government
if needed in time of war or national emergency. The recipient
must also agree to hold the government harmless for claims
arising from exposure to hazardous materials.
Sec. 603. Tonnage Measurement. This section deems the motor
vessel Bluefin to be 488 gross tons and the motor vessel
Coastal Merchant to be 493 gross tons, as measured under
regulations prescribed under section 14502 of title 46, United
States Code, for purposes of applying the optional regulatory
measurement under section 14305 of title 46, United States
Code.
Section 604. Operation of Vessel Stad Amsterdam. This
section authorizes the vessel Stad Amsterdam to carry non-
paying guests within U.S. waters and between ports and places
in the U.S. These are 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.
This section does not authorize the vessel to carry
individuals for a fare or to be chartered on a for-hire basis
in the coastwise trade. In fact, this section prohibits Stad
Amsterdam from being ``used to carry individuals for a fare or
to be chartered on a for-hire basis in the coastwise trade.''
This means that the owners may not solicit or accept payment
for the carriage of friends, guests, and employees in U.S.
domestic waters.
Existing law requires that vessels carrying passengers for
hire in the coastwise trade be U.S. built, U.S. manned, U.S.
owned, and U.S. documented. Prior to 2002, the U.S. Customs
Service ruled that non-paying guests of the owner or operator
were not considered passengers. Therefore, vessels carrying
non-paying guests in U.S. coastal waters did not have to meet
domestic build, crew, ownership, and documentation
requirements. In June 2002, Customs ruled that individuals will
now be ``considered passengers unless they are directly and
substantially connected with the operation, navigation,
ownership, or business of the vessel.'' This section applies
the earlier Customs ruling to non-paying guests on the Stad
Amsterdam.
The Stad Amsterdam was built in 2000 and designed after
nineteenth century clipper ships. It is a three-masted sailing
vessel with a length of 76 meters and a gross tonnage of 723
tons. The vessel is owned by Randstad Holding NV, a Dutch-based
company that specializes in providing temporary services
employment, and the City of Amsterdam. Randstad Holding NV
specializes in providing professional temporary employment
services, and has a U.S. subsidiary, Randstad North America,
headquartered in Atlanta, Georgia. Randstad North America
operates more than 500 branch offices and on-site client
locations in North America, and, in 2002, put more than 219,500
individuals to work, for a total payroll in excess of $818
million.
Sec. 605. Great Lakes National Maritime Enhancement
Institute. This section authorizes $5 million to be
appropriated to the Secretary of Transportation in each of the
Fiscal Years 2004 through 2008 to study cargo transportation on
the Great Lakes. The purpose of the Institute is to conduct
long-term research on maritime shipping on the Great Lakes
including short sea shipping; examine truck and rail freight
movements to see if land-based congestion could be relieved by
shipping those cargoes by water; and study and develop new
vessel designs for shipping on the Great Lakes, (such as multi-
ITB designs that could fit through locks). The Institute may
operate through a consortia of Great Lakes universities in a
manner that allows each university to study Great Lakes
transportation issues within its own area of expertise.
Sec. 606. Agile Port and Intelligent Border Security
National Demonstration Project. This section authorizes the
Secretary of Transportation to carry out an Agile Port and
Intelligent Border Security National Demonstration Project
under agreement with the Center for the Commercial Deployment
of Transportation Technologies. The project may demonstrate
methods to: (1) more efficiently use on-dock rail; (2) develop
inland multi-modal transfer facilities; (3) encourage shippers
to pick up and deliver containers and trailers at off dock
inland facilities; (4) develop high speed cargo vessels and
short sea coastal shipping and handling facilities and freight
service to relieve inter city highway congestion; and (5)
develop integrated intelligent transportation, automated
equipment identification and tracking, and information and
inspection technology (including the International Trade Data
System) at seaports, land border crossings, and international
trade corridors to expedite physical cargo and information flow
and improve the efficiency, safety, and security of regional
goods movement. This includes cargo movements through the port
of San Diego and any inland port that could be used to support
activities at that port.
Sec. 607. Koss Cove. This section designates a cove lying
off the southern coast for Erlington Island in Alaska as ``Koss
Cove'', in honor of the late Able Bodied Seaman Eric Steiner
Koss. Seaman Koss served aboard the National Oceanic and
Atmospheric Administration vessel Rainer, and died in the
performance of a nautical charting mission in this cove.
Sec. 608. Miscellaneous Certificates of Documentation. This
section provides coastwise trade endorsements for two U.S.-
flag, U.S.-owned, and U.S.-built vessels, the Ocean Leader and
the Revelation.
Sec. 609. Dredging Study. This section directs the
Congressional Budget Office to conduct a study of the impacts
of foreign charterers on the U.S. dredging industry.
Sec. 610. Report Regarding Security Inspection of Vessels
and Vessel-Borne Cargo Containers Entering the United States.
This section requires the Secretary of the department in which
the Coast Guard is operating to provide Congress with a report
that will provide a complete breakdown of the number and types
of cargo containers and vessels that enter the United States
each year, and the cost incurred to conduct security
inspections on those containers and vessels.
TITLE VII--AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990
Sec. 701. Vessel Response Plans for Nontank Vessels over
400 Gross Tons. This section allows the President to issue
regulations requiring non-tank vessels of 400 gross tons and
greater that carry oil as fuel for main propulsion to prepare
vessel response plans.
Current law does not require response plans for non-tank
vessels (passenger, dry bulk, container, and other commercial
vessels). Internationally, the International Maritime
Organization imposes the same pollution response planning
standards on both tankers and non-tank vessels. Several states
have also enacted laws requiring response plans for non-tank
vessels. Tank vessel owners contribute to the support of a
nationwide network of spill response contractors, who may not
be available to support non-tank vessel response needs because
of an existing contractual obligation to the tank vessel
owners. This lack of committed resources leaves the Nation
vulnerable to lessened or inadequate response to a major oil
discharge from a non-tank vessel.
Currently, the oil production, transportation, and storage
industries bear nearly the entire burden of maintaining the
Nation's oil spill response industry. However, non-tank vessels
may carry as much or more oil than many small tank vessels, yet
they are not required to plan for a spill emergency and may
have no response resources available in the event of a spill.
This proposal spreads the cost of maintaining private spill
response infrastructure in the U.S. to a much larger portion of
the shipping industry while reducing the risk of spills from
non-tank vessels.
Sec. 702. Requirements for Tank Level and Pressure
Monitoring Devices. This section gives the Secretary the
discretion to issue regulations regarding minimum standards
for, and carriage of, devices warning of overfills and tank
levels of oil in cargo tanks and devices for monitoring the
pressure of oil cargo tanks.
Sec. 703. Liability and Cost Recovery. This section makes
changes to definitions in the Oil Pollution Act of 1990 (OPA)
to conform the defenses against liability under that Act with
those under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601). OPA
generally imposes liability for removal costs and damages on
owners and operators of facilities and vessels from which there
is a discharge, or a substantial threat of discharge, of oil
into the waters of the United States, adjoining shorelines, or
the exclusive economic zone, subject to the specific defenses
set forth in the statute. The section also adds a definition of
non-tank vessel to accompany the proposed changes in section
211 of this bill.
The proposed changes that conform OPA to CERCLA: (1)
exclude from the definition of ``owner or operator'' States
that acquire facilities and vessels involuntarily and lenders
that hold title to facilities and vessels only to protect their
security interest; (2) clarify that all costs of Federal
enforcement activities for the recovery costs of removal of
discharged oil or prevention, minimization, or mitigation of a
substantial threat of discharge of oil, are recoverable in an
action to recover ``removal costs''; (3) clarify that a
responsible party is liable for these enforcement costs in an
action to recover removal costs under OPA; (4) clarify
circumstances in which States are not responsible parties for
offshore facilities; and (5) allow certain owners who purchase
property without reason to know of its potential for a
discharge of oil, as well as heirs and certain government
owners, to avail themselves of the third party defense to
liability.
Legislative History and Committee Consideration
H.R. 2443 was introduced on June 12, 2003 by the Honorable
Don Young, Chairman, Committee on Transportation and
Infrastructure. The bill was referred to the Committee on
Transportation and Infrastructure, and within the Committee to
the Subcommittee on Coast Guard and Maritime Transportation. On
June 12, the Subcommittee met to mark up a Committee Print.
Congressman Simmons offered an amendment to establish a
National Coast Guard Museum. The amendment was withdrawn. The
bill was then ordered favorably reported to the Full Committee.
On June 25, 2003, the Full Committee on Transportation and
Infrastructure met to consider the bill. Congressman Oberstar
offered an amendment to clarify the type of passengers that
could be taken out on the Stad Amsterdam under the Passenger
Vessel Act waiver included in Sec. 604. It was adopted by voice
vote. Congressman Nadler offered an amendment requiring the
Secretary of the department in which the Coast Guard is
operating to report on the cost of conducting security
inspections on foreign vessels and vessel-borne containers
arriving in U.S. ports. The amendment was adopted on a voice
vote. The bill as amended was then ordered favorably reported
to the House of Representatives by voice vote.
Rollcall Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each rollcall
vote on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. No rollcall votes were ordered during the
consideration of H.R. 2443.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to
authorize appropriations for the Coast Guard and Federal
Maritime Commission for Fiscal Year 2004.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
2443 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 22, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2443, the Coast
Guard Authorization Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 2443--Coast Guard Authorization Act of 2003
Summary: H.R. 2433 would authorize the appropriation of
about $6.1 billion for programs administered by the U.S. Coast
Guard (USCG) and the Federal Maritime Commission (FMC) for
fiscal year 2004. The bill also would authorize the
appropriation of $10 million for 2004 and $5 million annually
through 2008 for new maritime projects. CBO estimates that
appropriation of the authorized amounts would result in outlays
of $4.2 billion in fiscal year 2004 and $6 billion over the
2004-2008 period. (About $100 million would be spent after
2008.) Enacting H.R. 2443 would increase direct spending by $2
million annually because it would allow the USCG to spend more
of the user fees it currently collects. Finally, enacting this
legislation could result in lower future revenues from
recoveries of oil spill costs, but CBO has no basis for
estimating the amount or timing of such losses, if any.
H.R. 2443 contains both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA). CBO estimates that the cost of installing electronic
charting equipment on public vessels would not exceed the
annual threshold for intergovernmental mandates as established
in that act ($59 million in 2003, adjusted annually for
inflation). Because of uncertainties about the number of
private vessels that would be affected by other new
requirements and how certain regulations would be implemented,
CBO cannot determine whether the total costs of private-sector
mandates would exceed the threshold established by UMRA for
such mandates ($117 million in 2003, adjusted annually for
inflation).
Estimates cost to the Federal Government: The estimated
budgetary effects of H.R. 2443 are summarized in the following
table. The costs of this legislation fall within budget
functions 300 (natural resources and environment) and 400
(transportation).
The amount authorized by the bill for Coast Guard
retirement is not included in the table because such pay is an
entitlement under current law and it is not subject to
appropriation.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
USCG and FMC spending under current law:
Authorization level \1\......................... 5,294 29 0 0 0 0
Estimated outlays............................... 5,134 818 207 12 0 0
Proposed changes: \2\
Authorization level............................. 0 6,093 5 5 5 5
Estimated outlays............................... 0 4,212 1,069 431 176 129
USCG and FMC spending under H.R. 2443:
Authorization level \1\......................... 5,294 6,122 5 5 5 5
Estimated outlays............................... 5,134 5,030 1,276 443 176 129
CHANGES IN DIRECT SPENDING \3\
Estimated budget authority...................... 0 2 2 2 2 2
Estimated outlays............................... 0 2 2 2 2 2
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year, reduced by across-the-board reductions and by a $17
million rescission in Capital Acquisition funds. The $29 million in 2004 is the amount already authorized to
be appropriated from the Oil Spill Liability Trust Fund for Coast Guard operating expenses and research.
\2\ Included in the authorization levels and estimated outlays for proposed changes are $10 million in 2004 and
$5 million annually through 2008 for activities to be carried out by the Department of Transportation. There
were no amounts appropriated for those proposed activities in 2003.
\3\ H.R. 2443 also could affect revenues, but CBO estimates that any such effects are likely to be
insignificant.
Basis of estimate: For this estimate, CBO assumes that the
amounts authorized will be appropriated for each year. The
authorization level for 2004 is the amount stated in the bill
for USCG and FMC discretionary accounts, excluding $29 million
of USCG funding to be derived from the Oil Spill Liability
Trust Fund (OSLTF). (This amount, which consists of $25 million
for that agency's operations and $3.5 million for research, has
been excluded from the ``Proposed Changes'' lines in the table
because such funding is already authorized under existing law.)
Estimated outlays are based on historical spending patterns for
existing or similar programs.
Spending subject to appropriation
H.R. 2443 would authorize the appropriation of about $5
billion for USCG operating expenses (including $17 million for
environmental compliance) and about $1.1 billion for
acquisitions and other capital projects (including $22 million
for research activities and $18 million for bridge
alterations). Of the amounts authorized, $48.5 million would be
derived from the OSLTF, but $29 million is already authorized
to be appropriated for trust fund in 2004. Title V would
authorize the appropriation of $18 million to the Federal
Maritime Commission for 2004.
The bill would authorize the appropriation of $1 billion
for Coast Guard retirement benefits in 2004. That amount is
excluded from this estimate because those benefits are
considered an entitlement under current law and are not subject
to appropriation.
Title VI would authorize the appropriation of $5 million a
year over the 2004-2008 period to the Secretary of
Transportation for a national maritime enhancement institute
for the Great Lakes region. Section 606 would authorize the
Secretary to carry out a demonstration project on dual-use
technologies for commercial shipping and port operations. The
bill would authorize the appropriation of $5 million for fiscal
year 2004 for that purpose.
Direct spending
H.R. 2443 would expand the authority of the Coast Guard to
spend amounts collected from existing user fees and similar
charges. CBO estimates that enactment of the bill would
increase direct spending by about $2 million annually.
The USCG is currently authorized to spend a portion of its
user fees and other charges that are sufficient to offset the
cost of collecting those fees. The bill would broaden the
definition of collection costs to include more indirect
administrative elements such as fee-related equipment purchases
and training and travel expenses. CBO estimates that the
broader definition of reimbursable costs would enable the Coast
Guard to retain about twice as much of its fees, resulting in
new direct spending of about $2 million annually. For this
estimate, CBO assumes that the agency does not increase fee
rates above those currently in effect.
Changes to Coast Guard housing authorities
Section 207 would expand the Coast Guard's authority to
finance military housing construction. At this time, CBO
expects that enacting this section is unlikely to have a
significant effect on the federal budget.
Under current law, the Coast Guard is authorized to use
loan guarantees, barter arrangements, long-term leases, limited
partnerships, and similar means to finance housing projects.
Current law authorizes the appropriation of $40 million to the
Coast Guard for housing projects and mandates that the total
value of all federal obligations entered into for such projects
may not exceed $40 million. That authority expires at the end
of fiscal year 2007. To date, the agency has not initiated any
housing projects under this authority.
It is unclear that the additional housing financing
authorities that would be provided by section 207 would
alleviate the Coast Guard's current housing program
implementation difficulties. Therefore, CBO does not expect
that the proposed changes would alter the timing or level of
the costs of the USCG housing program. The two additional
financing tools that would be provided--direct loans and rental
differential payments--are probably no more or less useful to
the Coast Guard than those it already has (but not used) and
are no more likely to be exercised. The final proposed change,
which would enable the agency to directly negotiate
partnerships with state and local governments, is likely to be
of use only in very limited situations involving leasing of
state or local land. Because of the relatively small scale of
Coast Guard housing projects, the use of the new authority to
obtain state or local bond financing may not be possible or
particularly beneficial. Financing of this type is likely to be
useful only in localities where it may be possible to
participate in larger Department of Defense (DoD) projects, but
the Coast Guard's legal authority to cooperate with DoD in this
or any other types of joint financing is uncertain and would
not be clarified or otherwise affected by the enactment of H.R.
2443.
Revenues
H.R. 2443 contains two provisions that could affect
revenues. Those provisions are described below.
Recovery of Oil-Spill Expenditures. Title VII would amend
the definitions of the terms ``operator'' and ``owner'' in the
Oil Pollution Act of 1990 (OPA) to exclude secondary lenders
(those without management participation) and state or local
governments that involuntarily acquire control or ownership of
a vessel or facility involved in an oil spill.
Under current law, such involuntary owners may be held
responsible for spill response and clean-up costs and held
liable for damages. By explicitly excluding those entities from
the law's definitions, the bill would eliminate them as
potentially responsible parties that the federal government
could pursue to recover spill-related costs (including paying
damage claims). Therefore, future recoveries (which are
recorded in the federal budget as revenues) could be lower, but
CBO has no basis for estimating any such impact because
litigation brought against involuntary owners is so rare. The
federal government does not generally pursue those parties
because it is not usually cost-effective to do so. In the past
12 years of litigation under OPA, the Coast Guard has recovered
from only one secondary lender (about seven years after the
spill), but the recovery was the highest in the program's
history: $47 million. There has been no similar litigation
against a state or local government (in the status of an
involuntary owner). Given this history, CBO expects that there
would be few situations where the changes that would be made by
title VII might have an impact on revenues from spill
recoveries.
Civil Penalties. The bill also would increase civil
penalties for violations of various statutes enforced by the
Coast Guard. CBO estimates that enacting the higher penalties
would increase federal revenues by less than $500,000 annually.
Intergovernmental and private-sector impact
Mandates that affect both the public and private sector
Under current law certain vessels must be equipped with an
automatic identification system (AIS) that transmits the
vessels location and certain other information. Section 411
would require the automatic identification systems to include
electronic charts and related displays. Because vessel owners
and operators include both public and private-sector entities,
such a requirement would be both an intergovernmental and
private-sector mandate as defined by UMRA. CBO cannot provide a
precise estimate of the public and private-sector costs of
implementing the requirement because the Coast Guard has not
issued a standard for electronic charting. However, based on
information from the Coast Guard about the range of cost for
installing charting add-ons and the number of vessels affected,
CBO estimates that the costs to public entities would not
exceed the annual threshold established in UMRA ($59 million in
2003, adjusted annually for inflation). The cost to private
entities would not be substantial.
Mandates that affect the private sector only
Section 302 would authorize the Secretary of Transportation
to prohibit the use on the bridge of a vessel of electronic or
other devices that interfere with communications and navigation
equipment. Currently, the Coast Guard, under certain
circumstances, can establish vessel operating conditions as it
determines necessary for the control of the vessel and safety
of the port or the marine environment. The provision would
expand and clarify this authority. According to the Coast
Guard, the authority would continue to be used under the same
circumstances and only with certain devices. CBO estimates that
the costs to the private sector in complying with the mandate
would be minimal.
Section 401 would require charterers of documented vessels
engaged in coastwise commercial trade and fishing to submit
reports to the Secretary of Transportation regarding
qualifications of their vessels. According to the Coast Guard,
the charterers would be required to submit their operating
documents to comply with the mandate. Because charterers
already have their documentation available, the cost to submit
the information would be minimal.
Section 410 would authorize the Secretary to prescribe
maximum hours of service for individuals engaged on a towing
vessel that is at least 26 feet in length measured from end-to-
end over the deck. The limit on hours of service would impose a
private-sector mandate on owners of the towing vessels.
Currently, there is a 12-hour work rule for the industry. Any
possible action by the Secretary could only occur after a
demonstration project required under the bill (involving the
implementation of Crew Endurance Management Systems on towing
vessels) has been concluded and reported upon. At this time,
the Coast Guard could not determine how or when it would
establish such a limit on hours of service. Consequently, CBO
cannot estimate either the costs to comply with the mandate or
when such costs would be incurred.
Section 701 would impose a private-sector mandate on owners
and operators of nontank vessels to prepare and submit to the
President a plan for responding to a worst-case discharge, and
to a substantial threat of such discharge, of oil or a
hazardous substance. Any applicable state-mandated response
plan would satisfy the requirement. Currently, Alaska,
California, Oregon, and Washington require nontank vessels to
have such plans in order to operate in their waters. Also, the
International Maritime Organization (IMO) requires all vessels
engaged in international shipping and transportation to have
shipboard oil pollution emergency plans. According to the Coast
Guard, the proposed requirement would parallel the IMO-required
plans. According to industry sources, the cost of developing an
oil spill response plan averages $1,000. CBO cannot determine
the number of nontank vessels which would be required to
develop the oil response plans. Therefore, CBO cannot estimate
the total costs to the owners and operators to comply with the
mandate.
Estimate prepared by: Federal costs: Deborah Reis; impact
on state, local, and tribal governments: Gregory Waring; impact
on the private sector: Cecil McPherson.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1994
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local or
tribal law. The Committee states that H.R. 2443 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Committee Correspondence
House of Representatives,
Committee on Resources,
Washington, DC, July 18, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
Rayburn HOB, Washington, DC.
Dear Mr. Chairman: I have reviewed the text of H.R. 2443,
the Coast Guard and Maritime Transportation Act of 2003, as
ordered reported from the Committee on Transportation and
Infrastructure on June 25, 2003. The Committee on Resources has
a jurisdictional interest in Section 607, Koss Cove. This
provision is also included in the text of H.R. 958, to
authorize certain hydrographic services programs, to name a
cove in Alaska in honor of the late Able Bodied Seaman Eric
Steiner Koss, and for other purposes. This bill was referred
solely to the Committee on Resources.
Recognizing your wish that this critical bill be considered
by the House of Representatives as soon as possible, and noting
the continued strong spirit of cooperation between our
Committees, I will forego seeking a sequential referral of H.R.
2443 for the Committee on Resources. However, waiving the
Committee on Resources' right to a referral in this case does
not waive the Committee's jurisdiction over any provision in
H.R. 2443 or similar provisions in other bills. In addition, I
ask that you support my request to have the Committee on
Resources represented on the conference on this bill, if a
conference is necessary. Finally, I ask that you include this
letter in the Committee on Transportation and Infrastructure's
bill report.
I appreciate your leadership and cooperation on this bill
and look forward to working with you to see that H.R. 2443 is
enacted into law soon.
Sincerely,
Richard W. Pombo,
Chairman.
------
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, July 24, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
Longworth Building, Washington, DC.
Dear Mr. Chairman: Thank you for your letter of July 18,
2003, regarding H.R. 2443, the Coast Guard and Maritime
Transportation Act of 2003, and for your willingness to waive
consideration of the provision in the bill that falls within
your Committee's jurisdiction under House Rules.
I agree that your waiving consideration of this provision
of H.R. 2443 does not waive your Committee's jurisdiction over
the bill. I also acknowledge your right to seek conferees on
any provisions that are under your Committee's jurisdiction
during any House-Senate conference on H.R. 2443 or similar
legislation, and will support your request for conferees on
such provisions.
As you request, your letter and this response will be
included in the Committee report on the legislation.
Thank you for your cooperation in moving this important
legislation to the House Floor.
Sincerely,
Don Young,
Chairman.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 14, UNITED STATES CODE
* * * * * * *
PART I--REGULAR COAST GUARD
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
Sec.
81. Aids to navigation authorized.
* * * * * * *
98. National Coast Guard Museum.
* * * * * * *
Sec. 93. Commandant; general powers
(a) For the purpose of executing the duties and functions of
the Coast Guard the Commandant may:
[(a)] (1) maintain water, land, and air patrols, and
ice-breaking facilities;
[(b)] (2) establish and prescribe the purpose of,
change the location of, consolidate, discontinue, re-
establish, maintain, operate, and repair Coast Guard
shore establishments;
[(c)] (3) assign vessels, aircraft, vehicles, aids to
navigation, equipment, appliances, and supplies to
Coast Guard districts and shore establishments, and
transfer any of the foregoing from one district or
shore establishment to another;
[(d)] (4) conduct experiments, investigate, or cause
to be investigated, plans, devices, and inventions
relating to the performance of any Coast Guard function
and cooperate and coordinate such activities with other
Government agencies and with private agencies;
[(e)] (5) conduct any investigations or studies that
may be of assistance to the Coast Guard in the
performance of any of its powers, duties, or functions;
[(f)] (6) collect, publish, and distribute
information concerning Coast Guard operations;
[(g)] (7) conduct or make available to personnel of
the Coast Guard such specialized training and courses
of instruction, including correspondence courses, as
may be necessary or desirable for the good of the
service;
[(h)] (8) design or cause to be designed, cause to be
constructed, accept as gift, or otherwise acquire
patrol boats and other small craft, equip, operate,
maintain, supply, and repair such patrol boats, other
small craft, aircraft, and vehicles, and subject to
applicable regulations under subtitle I of title 40 and
title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) dispose of
them;
[(i)] (9) acquire, accept as gift, maintain, repair,
and discontinue aids to navigation, appliances,
equipment, and supplies;
[(j)] (10) equip, operate, maintain, supply, and
repair Coast Guard districts and shore establishments;
[(l)] (11) establish, equip, operate, and maintain
shops, depots, and yards for the manufacture and
construction of aids to navigation, equipment,
apparatus, vessels, vehicles, and aircraft not normally
or economically obtainable from private contractors,
and for the maintenance and repair of any property used
by the Coast Guard;
[(m)] (12) accept and utilize, in times of emergency
in order to save life or protect property, such
voluntary services as may be offered to the Coast
Guard;
[(n)] (13) rent or lease, under such terms and
conditions as are deemed advisable, for a period not
exceeding five years, such real property under the
control of the Coast Guard as may not be required for
immediate use by the Coast Guard, the monies received
from any such rental or lease, less amount of expenses
incurred (exclusive of governmental personal services),
to be deposited in the Treasury;
[(o)] (14) grant, under such terms and conditions as
are deemed advisable, permits, licenses, easements, and
rights-of-way over, across, in, and upon lands under
the control of the Coast Guard when in the public
interest and without substantially injuring the
interests of the United States in the property thereby
affected;
[(p)] (15) establish, install, abandon, re-establish,
reroute, operate, maintain, repair, purchase, or lease
such telephone and telegraph lines and cables, together
with all facilities, apparatus, equipment, structures,
appurtenances, accessories, and supplies used or useful
in connection with the installation, operation,
maintenance, or repair of such lines and cables,
including telephones in residences leased or owned by
the Government of the United States when appropriate to
assure efficient response to extraordinary operational
contingencies of a limited duration, and acquire such
real property rights of way, easements, or attachment
privileges as may be required for the installation,
operation, and maintenance of such lines, cables, and
equipment;
[(q)] (16) establish, install, abandon, reestablish,
change the location of, operate, maintain, and repair
radio transmitting and receiving stations;
[(r)] (17) provide medical and dental care for
personnel entitled thereto by law or regulation,
including care in private facilities;
[(s)] (18) accept, under terms and conditions the
Commandant establishes, the service of an individual
ordered to perform community service under the order of
a Federal, State, or municipal court[,];
[(t)] (19) notwithstanding any other law, enter into
cooperative agreements with States, local governments,
non-governmental organizations, and individuals, to
accept and utilize voluntary services for the
maintenance and improvement of natural and historic
resources on, or to benefit natural and historic
research on, Coast Guard facilities, subject to the
requirement that--
(1) * * *
* * * * * * *
[(u)] (20) enter into cooperative agreements with
other Government agencies and the National Academy of
Sciences;
[(v)] (21) require that any member of the Coast Guard
or Coast Guard Reserve (including a cadet or an
applicant for appointment or enlistment to any of the
foregoing and any member of a uniformed service who is
assigned to the Coast Guard) request that all
information contained in the National Driver Register
pertaining to the individual, as described in section
30304(a) of title 49, be made available to the
Commandant under section 30305(a) of title 49, may
receive that information, and upon receipt, shall make
the information available to the individual;
[(w)] (22) provide for the honorary recognition of
individuals and organizations that significantly
contribute to Coast Guard programs, missions, or
operations, including State and local governments and
commercial and nonprofit organizations, and pay for,
using any appropriations or funds available to the
Coast Guard, plaques, medals, trophies, badges, and
similar items to acknowledge such contribution
(including reasonable expenses of ceremony and
presentation); and
[(x)] (23) rent or lease, under such terms and
conditions as are considered by the Secretary to be
advisable, commercial vehicles to transport the next of
kin of eligible retired Coast Guard military personnel
to attend funeral services of the service member at a
national cemetery.
(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. 98. National Coast Guard Museum
(a) Establishment.--The Commandant of the Coast Guard may,
subject to subsections (b) and (c), establish a National Coast
Guard Museum on Federal lands that are administered by the
Coast Guard and specified by the Commandant.
(b) Location.--The National Coast Guard Museum may be located
at, or in close proximity to, the Coast Guard Academy in New
London, Connecticut.
(c) Limitation on Expenditures.--The Secretary of the
Department in which the Coast Guard is operating shall not
expend any Federal funds for the planning, engineering, design,
construction, operation, or maintenance of any museum
established under subsection (a).
(d) Operation and Maintenance Plan.--Before the date on which
the Commandant establishes a museum under subsection (a), the
Commandant shall provide to the Committee on Transportation and
Infrastructure of the House of Representatives a plan for
operating and maintaining such a museum, including--
(1) estimated operation and maintenance costs;
(2) proposed sources of operation and maintenance
funds; and
(3) a certification by the Inspector General of the
Department in which Coast Guard is operating that items
included in the plan pursuant to paragraph (1) and (2)
are reasonable and realistic.
* * * * * * *
CHAPTER 7--COOPERATION WITH OTHER AGENCIES
Sec.
141. Cooperation with other agencies, States, territories, and
political subdivisions.
* * * * * * *
152. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide or obtain goods and
services.
* * * * * * *
Sec. 152. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide or obtain
goods and services
The Coast Guard Exchange System, or a morale, welfare, and
recreation system of the Coast Guard, may enter into a contract
or other agreement with any element or instrumentality of the
Coast Guard or with another Federal department, agency, or
instrumentality to provide or obtain goods and services
beneficial to the efficient management and operation of the
Coast Guard Exchange System or that morale, welfare, and
recreation system.
* * * * * * *
CHAPTER 11--PERSONNEL
Officers
a. appointments
Sec.
211. Original appointment of permanent commissioned officers.
* * * * * * *
f. miscellaneous provisions
331. Recall to active duty during war or national emergency.
* * * * * * *
337. Coast Guard Congressional Fellowship Program.
* * * * * * *
ENLISTED MEMBERS
350. Recruiting campaigns.
* * * * * * *
374. Critical skill training bonus.
* * * * * * *
F. Miscellaneous Provisions
* * * * * * *
Sec. 337. Coast Guard Congressional Fellowship Program
(a) There is established in the Coast Guard a Coast Guard
Congressional Fellowship Program to broaden Coast Guard
officers' knowledge of the Congress.
(b) The Commandant may appoint 4 mid-grade officers as
fellows under the program, subject to the following
limitations:
(1) The maximum length of a fellowship is one year.
(2) A fellow may be assigned to an office of the
House of Representatives or the Senate, including a
committee, during the period of the fellowship, or may
rotate between such offices.
(3) To protect against abuses of separation of powers
principles and conflicts of interest, a fellow may not
engage in duties that will result in any direct or
indirect benefit to the Coast Guard, other than
broadening the fellow's knowledge.
(c) An individual violating this section is subject to
appropriate discipline by the Commandant.
* * * * * * *
ENLISTED MEMBERS
* * * * * * *
Sec. 351. Enlistments; term, grade
(a) Under regulations prescribed by the Secretary, the
Commandant may enlist persons for minority or [terms of full
years not exceeding six years.] a period of at least two years
but not more than six years.
* * * * * * *
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.
* * * * * * *
CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
Sec.
461. Remission of indebtedness of enlisted members upon discharge.
* * * * * * *
517. Payments.
* * * * * * *
Sec. 517. Payments
(a) 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) 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.
* * * * * * *
CHAPTER 17--ADMINISTRATION
* * * * * * *
Sec. 637. Stopping vessels; immunity for firing at or into vessel
(a)(1) Whenever any vessel liable to seizure or examination
does not stop on being ordered to do so or on being pursued by
an authorized vessel or authorized aircraft which has displayed
the ensign, pennant, or other identifying insignia prescribed
for an authorized vessel or authorized aircraft, the person in
command or in charge of the authorized vessel or authorized
aircraft may, [after a gun has been fired by the authorized
vessel or authorized aircraft as a warning signal,] subject to
paragraph (2), fire at or into the vessel which does not stop.
(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.
* * * * * * *
(c) A vessel or aircraft is an authorized vessel or
authorized aircraft for purposes of this section if--
(1) it is a Coast Guard vessel or aircraft; or
(2) it is a surface naval vessel on which one or more
members of the Coast Guard are assigned pursuant to
section 379 of title 10[; or
[(3) subject to subsection (d), it is a naval
aircraft that has one or more members of the Coast
Guard on board and is operating from a surface naval
vessel described in paragraph (2).
[(d)(1) The inclusion of naval aircraft as an authorized
aircraft for purposes of this section shall be effective only
after the end of the 30-day period beginning on the date the
report required by paragraph (2) is submitted through September
30, 2001.
[(2) Not later than August 1, 2000, the Secretary of Defense
shall submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate a report containing--
[(A) an analysis of the benefits and risks associated
with using naval aircraft to perform the law
enforcement activities authorized by subsection (a);
[(B) an estimate of the extent to which the Secretary
expects to implement the authority provided by this
section; and
[(C) an analysis of the effectiveness and
applicability to the Department of Defense of the Coast
Guard program known as the ``New Frontiers'' program.].
* * * * * * *
Sec. 664. User fees
(a) * * *
* * * * * * *
(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, and the
costs shall be credited to the account from which expended.
[(c)] (f) Before January 1 of each year, the Secretary shall
submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate that includes--
(1) a verification of each activity for which a fee
or charge is collected under any law stating--
(A) the amount collected in the prior fiscal
year; and
(B) that the amount spent on that activity in
that fiscal year is not less than the amount
collected; and
(2) the amount expected to be collected under any law
in the current fiscal year for each activity for which
a fee or charge is expected to be collected.
(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.
* * * * * * *
CHAPTER 18--COAST GUARD HOUSING AUTHORITIES
Sec.
680. Definitions.
* * * * * * *
[682. Loan guarantees.]
682. Direct loans and loan guarantees.
* * * * * * *
684. Limited partnerships in [nongovernmental] eligible entities.
* * * * * * *
687a. Differential lease payments.
* * * * * * *
Sec. 680. Definitions
In this chapter:
(1) * * *
* * * * * * *
(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.
[(3)] (4) The term ``military unaccompanied housing''
means military housing intended to be occupied by
members of the armed forces serving a tour of duty
unaccompanied by dependents.
[(4)] (5) The term ``United States'' includes the
Commonwealth of Puerto Rico, Guam, the United States
Virgin Islands, and the District of Columbia.
* * * * * * *
Sec. 682. [Loan guarantees] Direct loans and loan guarantees
(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.
[(a)] (b) Loan Guarantees.--
(1) Subject to [subsection (b),] subsection (c), the
Secretary may guarantee a loan made to any person in
the private sector if the proceeds of the loan are to
be used by the person to acquire, or construct housing
units that the Secretary determines are suitable for
use as military family housing or as military
unaccompanied housing.
* * * * * * *
[(b)] (c) Limitation on [Guarantee] Authority.--[Loan
guarantees] Direct loans and loan guarantees may be made under
this section only to the extent that appropriations of budget
authority to cover their cost (as defined in section 502(5) of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) are
made in advance, or authority is otherwise provided in
appropriations Acts. If such appropriation or other authority
is provided, there may be established a financing account (as
defined in section 502(7) of such Act (2 U.S.C. 661a(7))) which
shall be available for the disbursement of payment of claims
for payment on loan guarantees under this section and for all
other cash flows to and from the Government as a result of
guarantees made under this section.
* * * * * * *
Sec. 684. Limited partnerships with [nongovernmental] eligible entities
(a) Limited Partnerships Authorized.--The Secretary may enter
into limited partnerships with [nongovernmental] eligible
entities carrying out projects for the acquisition or
construction of housing units suitable for use as military
family housing or as military unaccompanied housing.
(b) Limitation on Value of Investment in Limited
Partnership.--(1) The cash amount of an investment under this
section in [a nongovernmental] an eligible entity may not
exceed an amount equal to 33\1/3\ percent of the capital cost
(as determined by the Secretary) of the project or projects
that the entity proposes to carry out under this section with
the investment.
(2) If the Secretary conveys land or facilities to [a
nongovernmental] an eligible entity as all or part of an
investment in the entity under this section, the total value of
the investment by the Secretary under this section may not
exceed an amount equal to 45 percent of the capital cost (as
determined by the Secretary) of the project or projects that
the entity proposes to carry out under this section with the
investment.
* * * * * * *
(c) Collateral Incentive Agreements.--The Secretary shall
enter into collateral incentive agreements with
[nongovernmental] eligible entities in which the Secretary
makes an investment under this section to ensure that a
suitable preference will be afforded members of the armed
forces and their dependents in the lease or purchase, as the
case may be, of a reasonable number of the housing units
covered by the investment.
* * * * * * *
Sec. 687. Coast Guard Housing Fund
(a) * * *
* * * * * * *
(g) Demonstration [Project] Projects Authorized.--To promote
efficiencies through the use of alternative procedures for
expediting new housing projects, the Secretary--
(1) may develop and implement [a demonstration
project] demonstration projects for acquisition or
construction of military family housing and military
unaccompanied housing on or near the Coast Guard
installation at [Kodiak, Alaska;] Kodiak, Alaska, or
any other Coast Guard installation in Alaska;
(2) in implementing [the demonstration project] such
a demonstration project, shall utilize, to the maximum
extent possible, the contracting authority of the Small
Business Administration's section 8(a) program;
* * * * * * *
(4) shall report to Congress by September 1 of each
year on the progress of activities under [the
demonstration project] such demonstration projects.
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.
* * * * * * *
PART II--COAST GUARD RESERVE AND AUXILIARY
* * * * * * *
CHAPTER 21--COAST GUARD RESERVE
* * * * * * *
SUBCHAPTER B
COMMISSIONED OFFICERS
* * * * * * *
Sec. 727. Constructive credit upon initial appointment
Under regulations prescribed by the Secretary, a person,
appointed as a Reserve officer, may be assigned a date of rank
and precedence which reflects that person's experience,
education, or other qualifications. For the purpose of this
subchapter only, a person appointed for the purpose of
assignment or designation as a law specialist in the reserve
shall be credited with a minimum of [three years] one year
service in an active status. A person holding a doctor of
philosophy, or a comparable degree, in medicine or in a science
allied to medicine as determined by the Secretary, may be
credited with a minimum of three years service in an active
status if appointed for an assignment comparable to that of an
officer in the Navy Medical Department.
* * * * * * *
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 [sixty-two]
60 years of age.
* * * * * * *
(c) Except as provided for in subsections (a) and (b) of this
section, a Reserve officer shall be discharged effective upon
the day the officer becomes [sixty-two] 60 years of age.
* * * * * * *
----------
ACT OF MARCH 3, 1899
(COMMONLY KNOWN AS THE ``RIVERS AND HARBORS APPROPRIATION ACT OF
1899'')
Chap. 425.--An Act Making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors, and for
other purposes.
* * * * * * *
Sec. 15. That it shall not be lawful to tie up or anchor
vessels or other craft in navigable channels in such a manner
as to prevent or obstruct the passage of other vessels or
craft; or to sink, or permit or cause to be sunk, vessels or
other craft in navigable channels; or to float loose timber and
logs, or to float what is known as sack rafts of timber and
logs in streams or channels actually navigated by steamboats in
such manners as to obstruct, impede, or endanger navigation.
And whenever a vessel, raft, or other craft is wrecked and sunk
in a navigable channel, it shall be the duty of the owner,
lessee, or operator of such sunken craft to immediately mark it
with a buoy or beacon during the [day and] day and, unless
otherwise authorized by the Commandant of Coast Guard, a
[lighted lantern] light at night, and to maintain such marks
until the sunken craft is removed or abandoned, and the neglect
or failure of the said owner, lessee, or operator so to do
shall be unlawful; and it shall be the duty of the owner,
lessee, or operator of such sunken craft to commence the
immediate removal of the same, and prosecute such removal
diligently, and failure to do so shall be considered as an
abandonment of such craft and subject the same to removal by
the United States as hereinafter provided for.
* * * * * * *
Sec. 18. (a) * * *
* * * * * * *
(c) Whoever violates any provision of this section or any
order issued under this section, shall be liable to a civil
penalty of not more than [$1,000] $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. Each day a violation
continues shall be deemed a separate offense. No penalty may be
accessed under this subsection until the person charged is
given notice and an opportunity for a hearing on the charge.
The Secretary of Transportation may access and collect any
civil penalty incurred under this subsection and, in his
discretion, may remit, mitigate, or compromise any penalty
until the matter is referred to the Attorney General. If a
person against whom a civil penalty is assessed under this
subsection fails to pay that penalty, an action may be
commenced in the district court of the United States for any
district in which the violation occurs for such penalty.
* * * * * * *
----------
SECTION 4 OF THE PORTS AND WATERWAYS SAFETY ACT OF 1972
Sec. 4. Vessel Operating Requirements.
(a) In General.--Subject to the requirements of section 5,
the Secretary--
(1) * * *
* * * * * * *
(4) may control vessel traffic in areas subject to
the jurisdiction of the United States which the
Secretary determines to be hazardous, or under
conditions of reduced visibility, adverse weather,
vessel congestion, or other hazardous circumstances
by--
(A) * * *
* * * * * * *
(D) restricting operation, in any hazardous
area or under hazardous conditions, to vessels
which have particular operating characteristics
or capabilities which he considers necessary
for safe operation under the circumstances;
[and]
(5) may require the receipt of prearrival messages
from any vessel, destined for a port or place subject
to the jurisdiction of the United States, in sufficient
time to permit advance vessel traffic planning prior to
port entry, which shall include any information which
is not already a matter of record and which the
Secretary determines necessary for the control of the
vessel and the safety of the port or the marine
environment[.]; and
(6) may prohibit the use on the bridge of a vessel of
electronic or other devices that interfere with
communications and navigation equipment.
* * * * * * *
(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.
----------
INLAND NAVIGATIONAL RULES ACT OF 1980
* * * * * * *
[Sec. 2. Inland Navigational Rules:
[PART A--GENERAL
[RULE 1
[Application
[(a) These Rules apply to all vessels upon the inland
waters of the United States, and to vessels of the United
States on the Canadian waters of the Great Lakes to the extent
that there is no conflict with Canadian law.
[(b)(i) These Rules constitute special rules made by an
appropriate authority within the meaning of Rule 1(b) of the
International Regulations.
[(ii) All vessels complying with the construction and
equipment requirements of the International Regulations are
considered to be in compliance with these Rules.
[(c) Nothing in these Rules shall interfere with the
operation of any special rules made by the Secretary of the
Navy with respect to additional station or signal lights and
shapes or whistle signals for ships of war and vessels
proceeding under convoy, or by the Secretary with respect to
additional station or signal lights and shapes for fishing
vessels engaged in fishing as a fleet. These additional station
or signal lights and shapes or whistle signals shall, so far as
possible, be such that they cannot be mistaken for any light,
shape, or signal authorized elsewhere under these Rules. Notice
of such special rules shall be published in the Federal
Register and, after the effective date specified in such
notice, they shall have effect as if they were a part of these
Rules.
[(d) Traffic separation schemes may be established for the
purpose of these Rules. Vessel traffic service regulations may
be in effect in certain areas.
[(e) Whenever the Secretary determines that a vessel or
class of vessels of special construction or purpose cannot
comply fully with the provisions of any of these Rules with
respect to the number, position, range, or arc of visibility of
lights or shapes, as well as to the disposition and
characteristics of sound-signaling appliances, the vessel shall
comply with such other provisions in regard to the number,
position, range, or arc of visibility of lights or shapes, as
well as to the disposition and characteristics of sound-
signaling appliances, as the Secretary shall have determined to
be the closest possible compliance with these Rules. The
Secretary may issue a certificate of alternative compliance for
a vessel or class of vessels specifying the closest possible
compliance with these Rules. The Secretary of the Navy shall
make these determinations and issue certificates of alternative
compliance for vessels of the Navy.
[(f) The Secretary may accept a certificate of alternative
compliance issued by a contracting party to the International
Regulations if he determines that the alternative compliance
standards of the contracting party are substantially the same
as those of the United States.
[RULE 2
[Responsibility
[(a) Nothing in these Rules shall exonerate any vessel, or
the owner, master, or crew thereof, from the consequences of
any neglect to comply with these Rules or of the neglect of any
precaution which may be required by the ordinary practice of
seamen, or by the special circumstances of the case.
[(b) In construing and complying with these Rules due
regard shall be had to all dangers of navigation and collision
and to any special circumstances, including the limitations of
the vessels involved, which may make a departure from these
Rules necessary to avoid immediate danger.
[RULE 3
[General Definitions
[For the purpose of these Rules and this Act, except where
the context otherwise requires:
[(a) The word ``vessel'' includes every description of
water craft, including nondisplacement craft and seaplanes,
used or capable of being used as a means of transportation on
water;
[(b) The term ``power-driven vessel'' means any vessel
propelled by machinery;
[(c) The term ``sailing vessel'' means any vessel under
sail provided that propelling machinery, if fitted, is not
being used;
[(d) The term ``vessel engaged in fishing'' means any
vessel fishing with nets, lines, trawls, or other fishing
apparatus which restricts maneuverability but does not include
a vessel fishing with trolling lines or other fishing apparatus
which do not restrict maneuverability;
[(e) The word ``seaplane'' includes any aircraft designed
to maneuver on the water;
[(f) The term ``vessel not under command'' means a vessel
which through some exceptional circumstance is unable to
maneuver as required by these Rules and is therefore unable to
keep out of the way of another vessel;
[(g) The term ``vessel restricted in her ability to
maneuver'' means a vessel which from the nature of her work is
restricted in her ability to maneuver as required by these
Rules and is therefore unable to keep out of the way of another
vessel; vessels restricted in their ability to maneuver
include, but are not limited to:
[(i) a vessel engaged in laying, servicing, or
picking up a navigation mark, submarine cable, or
pipeline;
[(ii) a vessel engaged in dredging, surveying, or
underwater operations;
[(iii) a vessel engaged in replenishment or
transferring persons, provisions, or cargo while
underway;
[(iv) a vessel engaged in the launching or recovery
of aircraft;
[(v) a vessel engaged in mineclearance operations;
and
[(vi) a vessel engaged in a towing operation such as
severely restricts the towing vessel and her tow in
their ability to deviate from their course.
[(h) The word ``underway'' means that a vessel is not at
anchor, or made fast to the shore, or aground;
[(i) The words ``length'' and ``breadth'' of a vessel means
her length overall and greatest breadth;
[(j) Vessels shall be deemed to be in sight of one another
only when one can be observed visually from the other;
[(k) The term ``restricted visibility'' means any condition
in which visibility is restricted by fog, mist, falling snow,
heavy rainstorms, sandstorms, or any other similar causes;
[(l) ``Western Rivers'' means the Mississippi River, its
tributaries, South Pass, and Southwest Pass, to the
navigational demarcation lines dividing the high seas from
harbors, rivers, and other inland waters of the United States,
and the Port Allen-Morgan City Alternate Route, and that part
of the Atchafalaya River above its junction with the Port
Allen-Morgan City Alternate Route including the Old River and
the Red River.
[(m) ``Great Lakes'' means the Great Lakes and their
connecting and tributary waters including the Calumet River as
far as the Thomas J. O'Brien Lock and Controlling Works
(between mile 326 and 327), the Chicago River as far as the
east side of the Ashland Avenue Bridge (between mile 321 and
322), and the Saint Lawrence River as far east as the lower
exist of Saint Lambert Lock;
[(n) ``Secretary'' means the Secretary of the department in
which the Coast Guard is operating;
[(o) ``Inland Waters'' means the navigable waters of the
United States shoreward of the navigational demarcation lines
dividing the high seas from harbors, rivers, and other inland
waters of the United States and the waters of the Great Lakes
on the United States side of the International Boundary;
[(p) ``Inland Rules'' or ``Rules'' mean the Inland
Navigational Rules and the annexes thereto, which govern the
conduct of vessels and specify the lights, shapes, and sound
signals that apply on inland waters; and
[(q) ``International Regulations'' means the International
Regulations for Preventing Collisions at Sea, 1972, including
annexes currently in force for the United States.
[PART B--STEERING AND SAILING RULES
[Subpart I--Conduct of Vessels in Any Condition of Visibility
[RULE 4
[Application
[Rules in this subpart apply in any condition of
visibility.
[RULE 5
[Look-out
[Every vessel shall at all times maintain a proper look-out
by sight and hearing as well as by all available means
appropriate in the prevailing circumstances and conditions so
as to make a full appraisal of the situation and of the risk of
collision.
[RULE 6
[Safe Speed
[Every vessel shall at all times proceed at a safe speed so
that she can take proper and effective action to avoid
collision and be stopped within a distance appropriate to the
prevailing circumstances and conditions.
[In determining a safe speed the following factors shall be
among those taken into account:
[(a) By all vessels:
[(i) the state of visibility;
[(ii) the traffic density including concentration of
fishing vessels or any other vessels;
[(iii) the maneuverability of the vessel with special
reference to stopping distance and turning ability in
the prevailing conditions;
[(iv) at night the presence of background light such
as from shores lights or from back scatter of her own
lights;
[(v) the state of wind, sea, and current, and the
proximity of navigational hazards;
[(vi) the draft in relation to the available depth of
water.
[(b) Additionally, by vessels with operational radar;
[(i) the characteristics, efficiency and limitations
of the radar equipment;
[(ii) any constraints imposed by the radar range
scale in use;
[(iii) the effect on radar detection of the sea
state, weather, and other sources of interference;
[(iv) the possibility that small vessels, ice and
other floating objects may not be detected by radar at
an adequate range;
[(v) the number, location, and movement of vessels
detected by radar; and
[(vi) the more exact assessment of the visibility
that may be possible when radar is used to determine
the range of vessels or other objects in the vicinity.
[RULE 7
[Risk of Collision
[(a) Every vessel shall use all available means appropriate
to the prevailing circumstances and conditions to determine if
risk of collision exists. If there is any doubt such risk shall
be deemed to exist.
[(b) Proper use shall be made of radar equipment if fitted
and operational, including long-range scanning to obtain early
warning of risk of collision and radar plotting or equivalent
systematic observation of detected objects.
[(c) Assumptions shall not be made on the basis of scanty
information, especially scanty radar information.
[(d) In determining if risk of collision exists the
following considerations shall be among those taken into
account:
[(i) such risk shall be deemed to exist if the
compass bearing of an approaching vessel does not
appreciably change; and
[(ii) such risk may sometimes exist even when an
appreciable bearing change is evident, particularly
when approaching a very large vessel or a tow or when
approaching a vessel at close range.
[RULE 8
[Action To Avoid Collision
[(a) Any action taken to avoid collision shall, if the
circumstances of the case admit, be positive, made in ample
time and with due regard to the observance of good seamanship.
[(b) Any alteration of course or speed to avoid collision
shall, if the circumstances of the case admit, be large enough
to be readily apparent to another vessel observing visually or
by radar; a succession of small alterations of course or speed
should be avoided.
[(c) If there is sufficient sea room, alteration of course
alone may be the most effective action to avoid a close-
quarters situation provided that it is made in good time, is
substantial and does not result in another close-quarters
situation.
[(d) Action taken to avoid collision with another vessel
shall be such as to result in passing at a safe distance. The
effectiveness of the action shall be carefully checked until
the other vessel is finally past and clear.
[(e) If necessary to avoid collision or allow more time to
assess the situation, a vessel shall slacken her speed or take
all way off by stopping or reversing her means of propulsion.
[(f)(i) A vessel which, by any of these Rules, is required
not to impede the passage or safe passage of another vessel
shall, when required by the circumstances of the case, take
early action to allow sufficient sea room for the safe passage
of the other vessel.
[(ii) A vessel required not to impede the passage or safe
passage of another vessel is not relieved of this obligation if
approaching the other vessel so as to involve risk of collision
and shall, when taking action, have full regard to the action
which may be required by the Rules of this part.
[(iii) A vessel the passage of which is not to be impeded
remains fully obliged to comply with the Rules of this part
when the two vessels are approaching one another so as to
involve risk of collision.
[RULE 9
[Narrow Channels
[(a)(i) A vessel proceeding along the course of a narrow
channel or fairway shall keep as near to the outer limit of the
channel or fairway which lies on her starboard side as is safe
and practicable.
[(ii) Notwithstanding paragraph (a)(i) and Rule 14(a), a
power-driven vessel operating in narrow channels or fairways on
the Great Lakes, Western Rivers, or waters specified by the
Secretary, and proceeding downbound with a following current
shall have the right-of-way over an upbound vessel, shall
propose the manner and place of passage, and shall initiate the
maneuvering signals prescribed by Rule 34(a)(i), as
appropriate. The vessel proceeding upbound against the current
shall hold as necessary to permit safe passing.
[(b) A vessel of less than 20 meters in length or a sailing
vessel shall not impede the passage of a vessel that can safely
navigate only within narrow channel or fairway.
[(c) A vessel engaged in fishing shall not impede the
passage of any other vessel navigating within a narrow channel
or fairway.
[(d) A vessel shall not cross a narrow channel or fairway
if such crossing impedes the passage of a vessel can safely
navigate only within that channel or fairway. The latter vessel
shall use the danger signal prescribed in Rule 34(d) if in
doubt as to the intention of the crossing vessel.
[(e)(i) In a narrow channel or fairway when overtaking, the
power-driven vessel intending to overtake another power-driven
vessel shall indicate her intention by sounding the appropriate
signal prescribed in Rule 34(c) and take steps to permit safe
passing. The power-driven vessel being overtaken, if in
agreement, shall sound the same signal and may, if specifically
agreed to take steps to permit safe passing. If in doubt she
shall sound the danger signal prescribed in Rule 34(d).
[(ii) This Rule does not relieve the overtaking vessel of
her obligation under Rule 13.
[(f) A vessel nearing a bend or an area of a narrow channel
or fairway where other vessels may be obscured by an
intervening obstruction shall navigate with particular
alertness and caution and shall sound the appropriate signal
prescribed in Rule 34(e).
[(g) Every vessel shall, if the circumstances of the case
admit, avoid anchoring in a narrow channel.
[RULE 10
[Traffic Separation Schemes
[(a) This Rule applies to traffic separation schemes and
does not relieve any vessel of her obligation under any other
Rule.
[(b) A vessel using a traffic separation scheme shall:
[(i) proceed in the appropriate traffic lane in the
general direction of traffic flow for that lane;
[(ii) so far as practicable keep clear of a traffic
separation line or separation zone;
[(iii) normally join or leave a traffic lane at the
termination of the lane, but when joining or leaving
from either side shall do so at as small an angle to
the general direction of traffic flow as practicable.
[(c) A vessel shall, so far as practicable, avoid crossing
traffic lanes but if obliged to do so shall cross on a heading
as nearly as practicable at right angles to the general
direction of traffic flow.
[(d)(i) A vessel shall not use an inshore traffic zone when
she can safely use the appropriate traffic lane within the
adjacent traffic separation scheme. However, vessels of less
than twenty meters in length, sailing vessels, and vessels
engaged in fishing may use the inshore traffic zone.
[(ii) Notwithstanding subparagraph (d)(i), a vessel may use
an inshore traffic zone when en route to or from a port,
offshore installation or structure, pilot station, or any other
place situated within the inshore traffic zone, or to avoid
immediate danger.
[(e) A vessel other than a crossing vessel or a vessel
joining or leaving a lane shall not normally enter a separation
zone or cross a separation line except:
[(i) in cases of emergency to avoid immediate danger,
or
[(ii) to engage in fishing within a separation zone.
[(f) A vessel navigating in areas near the terminations of
traffic separation schemes shall do so with particular caution.
[(g) A vessel shall so far as practicable avoid anchoring
in a traffic separation scheme or in areas near its
terminations.
[(h) A vessel not using a traffic separation scheme shall
avoid it by as wide a margin as is practicable.
[(i) A vessel engaged in fishing shall not impede the
passage of any vessel following a traffic lane.
[(j) A vessel of less than twenty meters in length or a
sailing vessel shall not impede the safe passage of a power-
driven vessel following a traffic lane.
[(k) A vessel restricted in her ability to maneuver when
engaged in an operation for the maintenance of safety of
navigation in a traffic separation scheme is exempted from
complying with this Rule to the extent necessary to carry out
the operation.
[(l) A vessel restricted in her ability to maneuver when
engaged in an operation for the laying, servicing, or picking
up of a submarine cable, within a traffic separation scheme, is
exempted from complying with this Rule to the extent necessary
to carry out the operation.
[RULE 11
[Application
[Rules in this subpart apply to vessels in sight of one
another.
[RULE 12
[Sailing Vessels
[(a) When two sailing vessels are approaching one another,
so as to involve risk of collision, one of them shall keep out
of the way of the other as follows:
[(i) when each has the wind on a different side, the
vessel which has the wind on the port side shall keep
out of the way of the other;
[(ii) when both have the wind on the same side, the
vessel which is to windward shall keep out of the way
of the vessel which is to leeward; and
[(iii) if a vessel with the wind on the port side
sees a vessel to windward and cannot determine with
certainty whether the other vessel has the wind on the
port or on the starboard side, she shall keep out of
the way of the other.
[(b) For the purpose of this Rule the windward side shall
be deemed to be the side opposite to that on which the mainsail
is carried or, in the case of a square-rigged vessel, the side
opposite to that on which the largest fore-and-aft sail is
carried.
[RULE 13
[Overtaking
[(a) Notwithstanding anything contained in Rules 4 through
18, any vessel overtaking any other shall keep out of the way
of the vessel being overtaken.
[(b) A vessel shall be deemed to be overtaking when coming
up with another vessel from a direction more than 22.5 degrees
abaft her beam; that is, in such a position with reference to
the vessel she is overtaking, that at night she should be able
to see only the sternlight of that vessel but neither of her
sidelights.
[(c) When a vessel is in any doubt as to whether she is
overtaking another, she shall assume that this is the case and
act accordingly.
[(d) Any subsequent alteration of the bearing between the
two vessels shall not make the overtaking vessel a crossing
vessel within the meaning of these Rules or relieve her of the
duty of keeping clear of the overtaken vessel until she is
finally past and clear.
[RULE 14
[Head-on Situation
[(a) Unless otherwise agreed, when two power-driven vessels
are meeting on reciprocal or nearly reciprocal courses so as to
involve risk of collision each shall alter her course to
starboard so that each shall pass on the port side of the
other.
[(b) Such a situation shall be deemed to exist when a
vessel sees the other ahead or nearly ahead and by night she
could see the masthead lights of the other in a line or nearly
in a line or both sidelights and by day she observes the
corresponding aspect of the other vessel.
[(c) When a vessel is in any doubt as to whether such a
situation exists she shall assume that it does exist and act
accordingly.
[(d) Notwithstanding paragraph (a) of this Rule, a power-
driven vessel operating on the Great Lakes, Western Rivers, or
waters specified by the Secretary, and proceeding downbound
with a following current shall have the right-of-way over an
upbound vessel, shall propose the manner of passage, and shall
initiate the maneuvering signals prescribed by Rule 34(a)(i),
as appropriate.
[RULE 15
[Crossing Situation
[(a) When two power-driven vessels are crossing so as to
involve risk of collision, the vessel which has the other on
her starboard side shall keep out of the way and shall, if the
circumstances of the case admit, avoid crossing ahead of the
other vessel.
[(b) Notwithstanding paragraph (a), on the Great Lakes,
Western Rivers, or water specified by the Secretary, a power-
driven vessel crossing a river shall keep out of the way of a
power-driven vessel ascending or descending the river.
[RULE 16
[Action by Give-Way Vessel
[Every vessel which is directed to keep out of the way of
another vessel shall, so far as possible, take early and
substantial action to keep well clear.
[RULE 17
[Action by Stand-on Vessel
[(a)(i) Where one of two vessels is to keep out of the way,
the other shall keep her course and speed.
[(ii) The latter vessel may, however, take action to avoid
collision by her maneuver alone, as soon as it becomes apparent
to her that the vessel required to keep out of the way is not
taking appropriate action in compliance with these Rules.
[(b) When, from any cause, the vessel required to keep her
course and speed finds herself so close that collision cannot
be avoided by the action of the give-way vessel alone, she
shall take such action as will best aid to avoid collision.
[(c) A power-driven vessel which takes action in a crossing
situation in accordance with subparagraph (a)(ii) of this Rule
to avoid collision with another power-driven vessel shall, if
the circumstances of the case admit, not alter course to port
for a vessel on her own port side.
[(d) This Rule does not relieve the give-way vessel of her
obligation to keep out of the way.
[RULE 18
[Responsibilities Between Vessels
[Except where Rules 9, 10, and 13 otherwise require:
[(a) A power-driven vessel underway shall keep out of the
way of:
[(i) a vessel not under command;
[(ii) a vessel restricted in her ability to maneuver;
[(iii) a vessel engaged in fishing; and
[(iv) a sailing vessel.
[(b) A sailing vessel underway shall keep out of the way
of:
[(i) a vessel not under command;
[(ii) a vessel restricted in her ability to maneuver;
and
[(iii) a vessel engaged in fishing.
[(c) A vessel engaged in fishing when underway shall, so
far as possible, keep out of the way of:
[(i) a vessel not under command; and
[(ii) a vessel restricted in her ability to maneuver.
[(d) A seaplane on the water shall, in general, keep well
clear of all vessels and avoid impeding their navigation. In
circumstances, however, where risk of collision exists, she
shall comply with the Rules of this Part.
[Subpart III--Conduct of Vessels in Restricted Visibility
[RULE 19
[Conduct of Vessels in Restricted Visibility
[(a) This Rule applies to vessels not in sight of one
another when navigating in or near an area of restricted
visibility.
[(b) Every vessel shall proceed at a safe speed adapted to
the prevailing circumstances and conditions of restricted
visibility. A power-driven vessel shall have her engines ready
for immediate maneuver.
[(c) Every vessel shall have due regard to the prevailing
circumstances and conditions of restricted visibility when
complying with Rules 4 through 10.
[(d) A vessel which detects by radar alone the presence of
another vessel shall determine if a close-quarters situation is
developing or risk of collision exists. If so, she shall take
avoiding action in ample time, provided that when such action
consists of an alteration of course, so far as possible the
following shall be avoided:
[(i) an alteration of course to port for a vessel
forward of the beam, other than for a vessel being
overtaken; and
[(ii) an alteration of course toward a vessel abeam
or abaft the beam.
[(e) Except where it has been determined that a risk of
collision does not exist, every vessel which hears apparently
forward of her beam the fog signal of another vessel, or which
cannot avoid a close-quarters situation with another vessel
forward of her beam, shall reduce her speed to the minimum at
which she can be kept on course. She shall if necessary take
all her way off and, in any event, navigate with extreme
caution until danger of collision is over.
[PART C--LIGHTS AND SHAPES
[RULE 20
[Application
[(a) Rules in this Part shall be complied with in all
weathers.
[(b) The Rules concerning lights shall be complied with
from sunset to sunrise, and during such times no other lights
shall be exhibited, except such lights as cannot be mistaken
for the lights specified in these Rules or do not impair their
visibility or distinctive character, or interfere with the
keeping of a proper lookout.
[(c) The lights prescribed by these Rules shall, if
carried, also be exhibited from sunrise to sunset in restricted
visibility and may be exhibited in all other circumstances when
it is deemed necessary.
[(d) The Rules concerning shapes shall be complied with by
day.
[(e) The lights and shapes specified in these Rules shall
comply with the provisions of Annex I of these Rules.
[RULE 21
[Definitions
[(a) ``Masthead light'' means a white light placed over the
fore and aft centerline of the vessel showing an unbroken light
over an arc of the horizon of 225 degrees and so fixed as to
show the light from right ahead to 22.5 degrees abaft the beam
on either side of the vessel, except that on a vessel of less
than 12 meters in length the masthead light shall be placed as
nearly as practicable to the fore and aft certerline of the
vessel.
[(b) ``Sidelights'' mean a green light on the starboard
side and a red light on the port side each showing an unbroken
light over an arc of the horizon of 112.5 degrees and so fixed
as to show the light from right ahead to 22.5 degrees abaft the
beam on its respective side. On a vessel of less than 20 meters
in length the side lights may be combined in one lantern
carried on the fore and aft centerline of the vessel, except
that on a vessel of less than 12 meters in length the
sidelights when combined in one lantern shall be placed as
nearly as practicable to the fore and aft centerline of the
vessel.
[(c) ``Sternlight'' means a white light placed as nearly as
practicable at the stern showing an unbroken light over an arc
of the horizon of 135 degrees and so fixed as to show the light
67.5 degrees from right aft on each side of the vessel.
[(d) ``Towing light'' means a yellow light having the same
characteristics as the ``sternlight'' defined in paragraph (c)
of this Rule.
[(e) ``All-round light'' means a light showing an unbroken
light over an arc of the horizon of 360 degrees.
[(f) ``Flashing light'' means a light flashing at regular
intervals at a frequency of 120 flashes or more per minute.
[(g) ``Special flashing light'' means a yellow light
flashing at regular intervals at a frequency of 50 to 70
flashes per minute, placed as far forward and as nearly as
practicable on the fore and aft centerline of the tow and
showing an unbroken light over an arc of the horizon of not
less than 180 degrees nor more than 225 degrees and so fixed as
to show the light from right ahead to abeam and no more than
22.5 degrees abaft the beam on either side of the vessel.
[RULE 22
[Visibility of Lights
[The lights prescribed in these Rules shall have an
intensity as specified in Annex I to these Rules, so as to be
visible at the following minimum ranges:
[(a) In a vessel of 50 meters or more in length:
[a masthead light, 6 miles;
[a sidelight, 3 miles;
[a sternlight, 3 miles;
[a towing light, 3 miles;
[a white, red, green or yellow all-around light, 3
miles; and
[a special flashing light, 2 miles.
[(b) In a vessel of 12 meters or more in length but less
than 50 meters in length:
[a masthead light, 5 miles; except that where the
length of the vessel is less than 20 meters; 3 miles;
[a sidelight, 2 miles;
[a sternlight, 2 miles;
[a towing light, 2 miles;
[a white, red, green or yellow all-round light, 2
miles; and
[a special flashing light, 2 miles.
[(c) In a vessel of less than 12 meters in length:
[a masthead light, 2 miles;
[a sidelight, 1 mile;
[ a sternlight, 2 miles;
[a towing light, 2 miles;
[a white, red, green or yellow all-round light, 2
miles; and
[a special flashing light, 2 miles.
[(d) In an inconspicuous, partly submerged vessel or object
being towed:
[a white all-round light, 3 miles.
[RULE 23
[Power-Driven Vessels Underway
[(a) A power-driven vessel underway shall exhibit:
[(i) a masthead light forward;
[(ii) a second masthead light abaft of and higher
than the forward one; except that a vessel of less than
50 meters in length shall not be obliged to exhibit
such light but may do so;
[(iii) sidelights; and
[(iv) a sternlight.
[(b) An air-cushion vessel when operating in the
nondisplacement mode shall, in addition to the lights
prescribed in paragraph (a) of this Rule, exhibit an all-round
flashing yellow light where it can best be seen.
[(c) A power-driven vessel of less than 12 meters in
lengthy may, in lieu of the lights prescribed in paragraph (a)
of this Rule, exhibit an all-round white light and sidelights.
[(d) A power-driven vessel when operating on the Great
Lakes may carry an all-round white light in lieu of the second
masthead light and sternlight prescribed in paragraph (a) of
this Rule. The light shall be carried in the position of the
second masthead light and be visible at the same minimum range.
[RULE 24
[Towing and Pushing
[(a) A power-driven vessel when towing astern shall
exhibit:
[(i) instead of the light prescribed either in Rule
23(a)(i) or 22(a)(ii), two masthead lights in a
vertical line. When the length of the tow, measuring
from the stern of the towing vessel to the after end of
the tow exceeds 200 meters, three such lights in a
vertical line;
[(ii) sidelights;
[(iii) a sternlight;
[(iv) a towing light in a vertical line above the
sternlight; and
[(v) when the length of the tow exceeds 200 meters, a
diamond shape where it can best be seen.
[(b) When a pushing vessel and a vessel being pushed ahead
are rigidly connected in a composite unit they shall be
regarded as a power-driven vessel and exhibit the lights
prescribed in Rule 23.
[(c) A power-driven vessel when pushing ahead or towing
alongside, except as required by paragraph (b) and (i) of this
Rule, shall exhibit:
[(i) instead of the light prescribed either in Rule
23(a)(i) or 23(a)(ii), two mastheads lights in a
vertical line;
[(ii) sidelights; and
[(iii) two towing lights in a vertical line.
[(d) A power-driven vessel to which paragraphs (a) or (c)
of this Rule apply shall also comply with Rule 23(a)(i) and
23(a)(ii).
[(e) A vessel or object other than those referred to in
paragraph (g) of this Rule being towed shall exhibit:
[(i) sidelights;
[(ii) a sternlight; and
[(iii) when the length of the two exceeds 200 meters,
a diamond shape where it can best be seen.
[(f) Provided that any number of vessels being towed
alongside or pushed in a group shall be lighted as one vessel,
except as provided in paragraph (iii):
[(i) a vessel being pushed ahead, not being part of a
composite unit shall exhibit at the forward end,
sidelights and a special flashing light;
[(ii) a vessel being towed alongside shall exhibit a
sternlight and at the forward end, sidelights and a
special flashing light; and
[(iii) when vessels are towed alongside on both sides
of the towing vessels a stern light shall be exhibited
on the stern of the outboard vessel on each side of the
towing vessel, and a single set of sidelights as far
forward and as far outboard as is practicable, and a
single special flashing light.
[(g) An inconspicuous, partly submerged vessel or object
being towed shall exhibit;
[(i) if it is less than 25 meters in breadth, one
all-round white light at or near each end;
[(ii) if it is 25 meters or more in breadth, four
all-round white lights to mark its length and breadth;
[(iii) if it exceeds 100 meters in length, additional
all-round white lights between the lights prescribed in
subparagraphs (i) and (ii) so that the distance between
the lights shall not exceed 100 meters: Provided, That
any vessels or objects being towed alongside each other
shall be lighted as one vessel or object;
[(iv) a diamond shape at or near the aftermost
extremity of the last vessel or object being towed; and
[(v) the towing vessel may direct a searchlight in
the direction of the tow to indicate its presence to an
approaching vessel.
[(h) Where from any sufficient cause it is impracticable
for a vessel or object being towed to exhibit the lights
prescribed in paragraph (e) or (g) of this Rule, all possible
measures shall be taken to light the vessel or object towed or
at least to indicate the presence of the unlighted vessel or
object.
[(i) Notwithstanding paragraph (c), on the Western Rivers
and on waters specified by the Secretary, a power-driven vessel
when pushing ahead or towing alongside, except as paragraph (b)
applies, shall exhibit:
[(i) sidelights; and
[(ii) two towing lights in a vertical line.
[(j) Where from any sufficient cause it is impracticable
for a vessel not normally engaged in towing operations to
display the lights prescribed by paragraph (a), (c) or (i) of
this Rule, such vessel shall not be required to exhibit those
lights when engaged in towing another vessel in distress or
otherwise in need of assistance. All possible measures shall be
taken to indicate the nature of the relationship between the
towing vessel and the vessel being assisted. The searchlight
authorized by Rule 36 may be used to illuminate the tow.
[RULE 25
[Sailing Vessels Underway and Vessels Under Oars
[(a) A sailing vessel underway shall exhibit:
[(i) sidelights; and
[(ii) a sternlight.
[(b) In a sailing vessel of less than 20 meters in length
the lights prescribed in paragraph (a) of this Rule may be
combined in one lantern carried at or near the top of the mast
where it can best be seen.
[(c) A sailing vessel underway may, in addition to the
lights prescribed in paragraph (a) of this Rule, exhibit at or
near the top of the mast, where they can best be seen, two all-
round lights in a vertical line, the upper being red and the
lower green, but these lights shall not be exhibited in
conjunction with the combined lantern permitted by paragraph
(b) of this Rule.
[(d)(i) A sailing vessel of less than 7 meters in length
shall, if practicable, exhibit the lights prescribed in
paragraph (a) or (b) of this Rule, but if she does not, she
shall have ready at hand an electric torch or lighted lantern
showing a white light which shall be exhibited in sufficient
time to prevent collision.
[(ii) A vessel under oars may exhibit the lights prescribed
in this Rule for sailing vessels, but if she does not, she
shall have ready at hand an electric torch or lighted lantern
showing a white light which shall be exhibited in sufficient
time to prevent collision.
[(e) A vessel proceeding under sail when also being
propelled by machinery shall exhibit forward where it can best
be seen a conical shape, apex downward. A vessel of less than
12 meters in length is not required to exhibit this shape, but
may do so.
[RULE 26
[Fishing Vessels
[(a) A vessel engaged in fishing, whether underway or at
anchor, shall exhibit only the lights and shapes prescribed in
this Rule.
[(b) A vessel when engaged in trawling, by which is meant
the dragging through the water of a dredge net or other
apparatus used as a fishing appliance, shall exhibit:
[(i) two all-round lights in a vertical line, the
upper being green and the lower white, or a shape
consisting of two cones with their apexes together in a
vertical line one above the other;
[(ii) a masthead light abaft of and higher than the
all-round green light; a vessel of less than 50 meters
in length shall not be obliged to exhibit such a light
but may do so; and
[(iii) when making way through the water, in addition
to the lights prescribed in this paragraph, sidelights
and a sternlight.
[(c) A vessel engaged in fishing, other than trawling,
shall exhibit:
[(i) two all-round lights in a vertical line, the
upper being red and the lower white, or a shape
consisting of two cones with apexes together in a
vertical line one above the other;
[(ii) when there is outlying gear extending more than
150 meters horizontally from the vessel, an all-round
white light or a cone apex upward in the direction of
the gear; and
[(iii) when making way through the water, in addition
to the lights prescribed in this paragraph, sidelights
and a sternlight.
[(d) The additional signals described in Annex II to these
Rules apply to a vessel engaged in fishing in close proximity
to other vessels engaged in fishing.
[(e) A vessel when not engaged in fishing shall not exhibit
the lights or shapes prescribed in this Rule, but only those
prescribed for a vessel of her length.
[RULE 27
[Vessels Not Under Command or Restricted in Their Ability To Maneuver
[(a) A vessel not under command shall exhibit:
[(i) two all-round red lights in a vertical line
where they can best be seen;
[(ii) two balls or similar shapes in a vertical line
where they can best be seen; and
[(iii) when making way through the water, in addition
to the lights prescribed in this paragraph, sidelights
and a sternlight.
[(b) A vessel restricted in her ability to maneuver, except
a vessel engaged in mineclearance operations, shall exhibit:
[(i) three all-round lights in a vertical line where
they can best be seen. The highest and lowest of these
lights shall be red and the middle light shall be
white;
[(ii) three shapes in a vertical line where they can
best be seen. The highest and lowest of these shapes
shall be balls and the middle one a diamond;
[(iii) when making way through the water, masthead
lights, sidelights and a sternlight, in addition to the
lights prescribed in subparagraph (b)(i); and
[(iv) when at anchor, in addition to the lights or
shapes prescribed in subparagraphs (b) (i) and (ii),
the light, lights or shapes prescribed in Rule 30.
[(c) A vessel engaged in a towing operation which severely
restricts the towing vessel and her tow in their ability to
deviate from their course shall, in addition to the lights or
shapes prescribed in subparagraphs (b) (i) and (ii) of this
Rule, exhibit the lights or shape prescribed in Rule 24.
[(d) A vessel engaged in dredging or underwater operations,
when restricted in her ability to maneuver, shall exhibit the
lights and shapes prescribed in subparagraphs (b) (i), (ii),
and (iii) of this Rule and shall in addition, when an
obstruction exists, exhibit:
[(i) two all-round red lights or two balls in a
vertical line to indicate the side on which the
obstruction exists;
[(ii) two all-round green lights or two diamonds in a
vertical line to indicate the side on which another
vessel may pass; and
[(iii) when at anchor, the lights or shape prescribed
by this paragraph, instead of the lights or shapes
prescribe in Rule 30 for anchored vessels.
[(e) Whenever the size of a vessel engaged in diving
operations makes it impracticable to exhibit all lights and
shapes prescribed in paragraph (d) of this Rule, the following
shall instead be exhibited:
[(i) Three all-round lights in a vertical line where
they can best be seen. The highest and lowest of these
lights shall be red and the middle light shall be
white.
[(ii) A rigid replica of the international Code flag
``A'' not less than 1 meter in height. Measures shall
be taken to ensure its all-round visibility.
[(f) A vessel engaged in mineclearance operations shall, in
addition to the lights prescribed for a power-driven vessel in
Rule 23 or to the lights or shape prescribed for a vessel at
anchor in Rule 30, as appropriate, exhibit three all-round
green lights or three balls. One of these lights or shapes
shall be exhibited near the foremast head and one at each end
of the fore yard. These lights or shapes indicate that it is
dangerous for another vessel to approach within 1,000 meters of
the mineclearance vessel.
[(g) A vessel of less than 12 meters in length, except when
engaged in diving operations, is not required to exhibit the
lights or shapes prescribed in this Rule.
[(h) The signals prescribed in this Rule are not signals of
vessels in distress and requiring assistance. Such signals are
contained in Annex IV to these Rules.
[RULE 28
[[Reserved]
[RULE 29
[Pilot Vessels
[(a) A vessel engaged on pilotage duty shall exhibit:
[(i) at or near the masthead, two all-round lights in
a vertical line, the upper being white and the lower
red;
[(ii) When underway, in addition, sidelights and a
sternlight; and
[(iii) when at anchor, in addition to the lights
prescribed in subparagraph (i), the anchor light,
lights, or shape prescribed in Rule 30 for anchored
vessels.
[(b) A pilot vessel when not engaged on pilotage duty shall
exhibit the lights or shapes prescribed for a vessel of her
length.
[RULE 30
[Anchored Vessels and Vessels Aground
[(a) A vessel at anchor shall exhibit where it can best be
seen:
[(i) in the fore part, an all-round white light or
one ball; and
[(ii) at or near the stern and at a lower level that
the light prescribed in subparagraph (i), an all-round
white light.
[(b) A vessel of less than 50 meters in length may exhibit
an all-round white light where it can best be seen instead of
the lights prescribed in paragraph (a) of this Rule.
[(c) A vessel at anchor may, and a vessel of 100 meters or
more in length shall, also use the available working or
equivalent lights to illuminate her decks.
[(d) A vessel aground shall exhibit the lights prescribed
in paragraph (a) or (b) of this Rule and in addition, if
practicable, where they can best seen:
[(i) two all-round red lights in a vertical line; and
[(ii) three balls in a vertical line.
[(e) A vessel of less than 7 meters in length, when at
anchor, not in or near a narrow channel, fairway, anchorage, or
where other vessels normally navigate, shall not be required to
exhibit the lights or shape prescribed in paragraphs (a) and
(b) of this Rule.
[(f) A vessel of less than 12 meters in length when aground
shall not be required to exhibit the lights or shapes
prescribed in subparagraphs (d) (i) and (ii) of this Rule.
[(g) A vessel of less than 20 meters in length, when at
anchor in a special anchorage area designated by the Secretary,
shall not be required to exhibit the anchor lights and shapes
required by this Rule.
[RULE 31
[Seaplanes
[Where it is impracticable for a seaplane to exhibit lights
and shapes of the characteristics or in the positions
prescribed in the Rules of this Part she shall exhibit lights
and shapes as closely similar in characteristics and position
as is possible.
[PART D--SOUND AND LIGHT SIGNALS
[RULE 32
[Definitions
[(a) The word ``whistle'' means any sound signaling
appliance capable of producing the prescribed blasts and which
complies with specifications in Annex III to these Rules.
[(b) The term ``short blast'' means a blast of about 1
second's duration.
[(c) The term ``prolonged blast'' means a blast of from 4
to 6 seconds' duration.
[RULE 33
[Equipment for Sound Signals
[(a) A vessel of 12 meters or more in length shall be
provided with a whistle and a bell and a vessel of 100 meters
or more in length shall, in addition, be provided with a gong,
the tone and sound of which cannot be confused with that of the
bell. The whistle, bell and gong shall comply with the
specifications in Annex III to these Rules. The bell or gong or
both may be replaced by other equipment having the same
respective sound characteristics, provided that manual sounding
of the prescribed signals shall always be possible.
[(b) A vessel of less than 12 meters in length shall not be
obliged to carry the sound signaling appliances prescribed in
paragraph (a) of this Rule but if she does not, she shall be
provided with some other means of making an efficient sound
signal.
[RULE 34
[Maneuvering and Warning Signals
[(a) When power-driven vessels are in sight of one another
and meeting or crossing at a distance within half a mile of
each other, each vessel underway, when maneuvering as
authorized or required by these Rules:
[(i) shall indicate that maneuver by the following
signals on her whistle: one short blast to mean ``I
intend to leave you on my port side''; two short blasts
to mean ``I intend to leave you on my starboard side'';
and three short blasts to mean ``I am operating astern
propulsion''.
[(ii) upon hearing the one or two blast signal of the
other shall, if in agreement, sound the same whistle
signal and take the steps necessary to effect a safe
passing. If, however, from any cause, the vessel doubts
the safety of the proposed maneuver, she shall sound
the danger signal specified in paragraph (d) of this
Rule and each vessel shall take appropriate
precautionary action until a safe passing agreement is
made.
[(b) A vessel may supplement the whistle signals prescribed
in paragraph (a) of this Rule by light signals:
[(i) These signals shall have the following
significance: one flash to mean ``I intend to leave you
my port side''; two flashes to mean ``I intend to leave
you on my starboard side''; three flashes to mean ``I
am operating astern propulsion'';
[(ii) The duration of each flash shall be about 1
second; and
[(iii) The light used for this signal shall, if
fitted, be one all-around white or yellow light,
visible at a minimum range of 2 miles, synchronized
with the whistle, and shall comply with the provisions
of Annex I to these Rules.
[(c) When in sight of one another:
[(i) a power-driven vessel intending to overtake
another power-driven vessel shall indicate her
intention by the following signals on her whistle: one
short blast to mean ``I intend to overtake you on your
starboard side''; two short blasts to mean ``I intend
to overtake you on your port side''; and
[(ii) the power-driven vessel about to be overtaken
shall, if in agreement, sound a similar sound signal.
If in doubt she shall sound the danger signal
prescribed in paragraph (d).
[(d) When vessels in sight of one another are approaching
each other and from any cause either vessel fails to understand
the intentions or actions of the other, or is in doubt whether
sufficient action is being taken by the other to avoid
collision, the vessel in doubt shall immediately indicate such
doubt by giving at least five short and rapid blasts on the
whistle. This signal may be supplemented by a light signal of
at least five short and rapid flashes.
[(e) A vessel nearing a bend or an area of a channel or
fairway where other vessels may be obscured by an intervening
obstruction shall sound one prolonged blast. This signal shall
be answered with a prolonged blast by any approaching vessel
that may be within hearing around the bend or behind the
intervening obstruction.
[(f) If whistles are fitted on a vessel at a distance apart
or more than 100 meters, one whistle only shall be used for
giving maneuvering and warning signals.
[(g) When a power-driven vessel is leaving a dock or berth,
she shall sound one prolonged blast.
[(h) A vessel that reaches agreement with another vessel in
a head-on, crossing, or overtaking situation, as for example,
by using the radiotelephone as prescribed by the Vessel Bridge-
to-Bridge Radiotelephone Act (85 Stat. 164; 33 U.S.C. 1201 et
seq.), is not obliged to sound the whistle signals prescribed
by this rule, but may do so. If agreement is not reached, then
whistle signals shall be exchanged in a timely manner and shall
prevail.
[RULE 35
[Sound Signals in Restricted Visibility
[In or near an area of restricted visibility, whether by
day or night, the signals prescribed in this Rule shall be used
as follows:
[(a) A power-driven vessel making way through the water
shall sound at intervals of not more than 2 minutes one
prolonged blast.
[(b) A power-driven vessel underway but stopped and making
no way through the water shall sound at intervals of not more
than 2 minutes two prolonged blasts in succession with an
interval of about 2 seconds between them.
[(c) A vessel not under command; a vessel restricted in her
ability to maneuver, whether underway or at anchor; a sailing
vessel; a vessel engaged in fishing, whether underway or at
anchor; and a vessel engaged in towing or pushing another
vessel shall, instead of the signals prescribed in paragraphs
(a) or (b) of this Rule, sound at intervals of not more than 2
minutes, three blasts in succession; namely, one prolonged
followed by two short blasts.
[(d) A vessel towed or if more than one vessel is towed the
last vessel of the tow, if manned, shall at intervals of not
more than 2 minutes sound four blasts in succession; namely,
one prolonged followed by three short blasts. When practicable,
this signal shall be made immediately after the signal made by
the towing vessel.
[(e) When a pushing vessel and a vessel being pushed ahead
are rigidly connected in a composite unit they shall be
regarded as a power-driven vessel and shall give the signals
prescribed in paragraphs (a) or (b) of this Rule.
[(f) A vessel at anchor shall at intervals of not more than
1 minute ring the bell rapidly for 5 seconds. In a vessel of
100 meters or more in length the bell shall be sounded in the
forepart of the vessel and immediately after the ringing of the
bell the gong shall be sounded rapidly for about 5 seconds in
the after part of the vessel. A vessel at anchor may in
addition sound three blasts in succession; namely, one short,
one prolonged and one short blast, to give warning of her
position and of the possibility of collision to an approaching
vessel.
[(g) A vessel aground shall give the bell signal and if
required the gong signal prescribed in paragraph (f) of this
Rule and shall, in addition, give three separate and distinct
strokes on the bell immediately before and after the rapid
ringing of the bell. A vessel aground may in addition sound an
appropriate whistle signal.
[(h) A vessel of less than 12 meters in length shall not be
obliged to give the above-mentioned signals but, if she does
not, shall make some other efficient sound signal at intervals
of not more than 2 minutes.
[(i) A pilot vessel when engaged on pilotage duty may in
addition to the signals prescribed in paragraphs (a), (b) or
(f) of this Rule sound an identity signal consisting of four
short blasts.
[(j) The following vessels shall not be required to sound
signals as prescribed in paragraph (f) of this Rule when
anchored in a special anchorage area designated by the
Secretary:
[(i) a vessel of less than 20 meters in length; and
[(ii) a barge, canal boat, scow, or other nondescript
craft.
[RULE 36
[Signals To Attract Attention
[If necessary to attract the attention of another vessel,
any vessel may make light or sound signals that cannot be
mistaken for any signal authorized elsewhere in these Rules, or
may direct the beam of her searchlight in the direction of the
danger, in such a way as not to embarrass any vessel.
[RULE 37
[Distress Signals
[When a vessel is in distress and requires assistance she
shall use or exhibit the signals described in Annex IV to these
Rules.
[PART E--EXEMPTIONS
[RULE 38
[Exemptions
[Any vessel or class of vessels, the keel of which is laid
or which is at a corresponding stage of construction before the
date of enactment of this Act, provided that she complies with
the requirements of--
[(a) The Act of June 7, 1897 (30 Stat. 96), as amended (33
U.S.C. 154-232) for vessels navigating the waters subject to
that statute;
[(b) Section 4233 of the Revised Statutes (33 U.S.C. 301-
356) for vessels navigating the waters subject to that statute;
[(c) The Act of February 8, 1895 (28 Stat. 645), as amended
(33 U.S.C. 241-295) for vessels navigating the waters subject
to that statute; or
[(d) Sections 3, 4, and 5 of the Act of April 25, 1940 (54
Stat. 163), as amended (46 U.S.C. 526 b, c, and d) for
motorboats navigating the waters subject to that statute; shall
be exempted from compliance with the technical Annexes to these
Rules as follows:
[(i) the installation of lights with ranges
prescribed in Rule 22, until 4 years after the
effective date of these Rules, except that vessels of
less than 20 meters in length are permanently exempt;
[(ii) the installation of lights with color
specifications as prescribed in Annex I to these Rules,
until 4 years after the effective date of these Rules,
except that vessels of less than 20 meters in length
are permanently exempt;
[(iii) the repositioning of lights as a result of
conversion to metric units and rounding off measurement
figures, are permanently exempt; and
[(iv) the horizontal repositioning of masthead lights
prescribed by Annex I to these Rules:
[(1) on vessels of less than 150 meters in
length permanent exemption.
[(2) on vessels of 150 meters or more in
length, until 9 years after the effective date
of these Rules.
[(v) the restructuring or repositioning of all lights
to meet the prescriptions of Annex I to these Rules,
until 9 years after the effective date of these Rules;
[(vi) power-driver vessels of 12 meters or more but
less than 20 meters in length are permanently exempt
from the provisions of Rule 23(a)(i) and 23(a)(iv)
provided that, in place of these lights, the vessel
exhibits a white light aft visible all round the
horizon; and
[(vii) the requirements for sound signal appliances
prescribed in Annex III to these Rules, until 9 years
after the effective date of these Rules.
[Sec. 3. The Secretary may issue regulations necessary to
implement and interpret this Act. The Secretary shall establish
the following technical annexes to these Rules: Annex I,
Positioning and Technical Details of Lights and Shapes; Annex
II, Additional Signals for Fishing Vessels Fishing in Close
Proximity; Annex III, Technical Details of Sound Appliances;
and Annex IV, Distress Signals. These annexes shall be as
consistent as possible with the respective annexes to the
International Regulations. The Secretary may establish other
technical annexes, including local pilot rules.]
* * * * * * *
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle II--Vessels and Seamen
* * * * * * *
Part A--General Provisions
CHAPTER 21--GENERAL
* * * * * * *
Sec. 2110. Fees
(a) * * *
* * * * * * *
(d)(1) * * *
(2)(A) A Federal agency shall account for the agency's costs
of collecting the fee or charge under this subsection as a
reimbursable expense, and the costs shall be credited to the
account from which expended.
(B) For purposes of subparagraph (A), costs of collecting the
fee or charge include the reasonable administrative,
accounting, personnel, contract, equipment, supply, training,
and travel expenses of calculating, assessing, collecting,
enforcing, reviewing, adjusting, and reporting on the fees and
charges.
* * * * * * *
Part B--Inspection and Regulations of Vessels
* * * * * * *
CHAPTER 32--MANAGEMENT OF VESSELS
* * * * * * *
Sec. 3202. Application
[(a) Mandatory Application.--This chapter applies to the
following vessels engaged on a foreign voyage:
[(1) Beginning July 1, 1998--
[(A) a vessel transporting more than 12
passengers described in section 2101(21)(A) of
this title; and
[(B) a tanker, bulk freight vessel, or high-
speed freight vessel, of at least 500 gross
tons.
[(2) Beginning July 1, 2002, a freight vessel and a
self-propelled mobile offshore drilling unit of at
least 500 gross tons.]
(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 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title, that 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.
* * * * * * *
Sec. 3203. Safety management system
(a) * * *
(b) Compliance With Code.--Regulations prescribed under this
section shall be consistent with the International Safety
Management Code with respect to [vessels engaged on a foreign
voyage.] vessels to which this chapter applies under section
3202(a) of this title.
* * * * * * *
CHAPTER 33--INSPECTION GENERALLY
* * * * * * *
Sec. 3303. Reciprocity for foreign vessels
Except as provided in chapter 37 and section 3505 of this
title, a foreign vessel of a country having inspection laws and
standards similar to those of the United States and that has an
unexpired certificate of inspection issued by proper authority
of its respective country, is subject to an inspection to
ensure that the condition of the vessel is as stated in its
current certificate of inspection. A foreign country is
considered to have inspection laws and standards similar to
those of the United States when it is a party to an
International Convention for Safety of Life at Sea to which the
United States Government is currently a party. A foreign
certificate of inspection may be accepted as evidence of lawful
inspection only when presented by a vessel of a country that
has by its laws accorded to vessels of the United States
visiting that country the same privileges accorded to vessels
of that country visiting the United States.
* * * * * * *
CHAPTER 35--CARRIAGE OF PASSENGERS
* * * * * * *
[Sec. 3505. Prevention of departure
[Notwithstanding section 3303(a) of this title, a foreign
vessel may not depart from a United States port with passengers
who are embarked at that 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.]
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 that
embarks passengers from a United States port may not depart
from a United States port if the Secretary finds that the
vessel does not comply with the standards stated in the
International Convention for the Safety of Life at Sea to which
the United States Government is currently a party.
* * * * * * *
CHAPTER 43--RECREATIONAL VESSELS
* * * * * * *
Sec. 4311. Penalties and injunctions
(a) * * *
(b) [A person violating section 4307(a)(1) of this title is
liable to the United States Government for a civil penalty of
not more than $2,000, except that the maximum civil penalty may
be not more than $100,000 for a related series of violations.]
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. When a
corporation violates section [4307(a)(1)] 4307(a), 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 the penalty, 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--
(1) * * *
* * * * * * *
Part E--Merchant Seamen Licenses, Certificates, and Documents
* * * * * * *
CHAPTER 73--MERCHANT MARINERS' DOCUMENTS
* * * * * * *
Sec. 7319. Records of merchant mariners' documents
The Secretary shall maintain records on each merchant
mariner's document issued, including the name and address of
the seaman to whom issued and the next of kin of the seaman.
[The records are not open to general or public inspection.]
* * * * * * *
CHAPTER 77--SUSPENSION AND REVOCATION
* * * * * * *
Sec. 7702. Administrative procedure
(a) * * *
* * * * * * *
(d)(1) The Secretary may temporarily, for not more than 45
days, suspend and take possession of the license, certificate
of registry, or merchant mariner's document held by an
individual [if, when acting under the authority of that
license, certificate, or document--] if--
(A) * * *
(B) there is probable cause to believe that the
individual--
(i) has, while acting under the authority of
that license, certificate, or document,
performed the safety sensitive function in
violation of law or Federal regulation
regarding use of alcohol or a dangerous drug;
(ii) has been convicted of an offense that
would prevent the issuance or renewal of the
license, certificate, or document; [or]
(iii) within the 3-year period preceding the
initiation of a suspension proceeding, has been
convicted of an offense described in section
205(a)(3)(A) or (B) of the National Driver
Register Act of 1982[.]; or
(iv) is 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. 7703. Bases for suspension or revocation
A license, certificate of registry, or merchant mariner's
document issued by the Secretary may be suspended or revoked if
the holder--
(1) when acting under the authority of that license,
certificate, or document--
(A) * * *
(B) has committed an act of [incompetence,]
misconduct[,] or negligence;
(2) is convicted of an offense that would prevent the
issuance or renewal of a license, certificate of
registry, or merchant mariner's document; [or]
(3) within the 3-year period preceding the initiation
of the suspension or revocation proceeding is convicted
of an offense described in section 205(a)(3)(A) or (B)
of the National Driver Register Act of 1982 (23 U.S.C.
401 note)[.];
(4) has committed an act of incompetence; or
(5) is a threat to the safety or security of a vessel
or a structure located within or adjacent to the marine
environment.
Sec. 7704. Dangerous drugs as grounds for revocation
(b) If it is shown at a hearing under this chapter that a
holder of a license, certificate of registry, or merchant
mariner's document issued under this part, within 10 years
before the beginning of the proceedings, has been convicted of
violating a dangerous drug law of the United States or of a
State, the license, certificate, or document shall be suspended
or revoked.
* * * * * * *
Part F--Manning of Vessels
* * * * * * *
CHAPTER 89--SMALL VESSEL MANNING
* * * * * * *
Sec. 8904. Towing vessels
(a) * * *
* * * * * * *
(c) The Secretary may prescribe by regulation requirements
for maximum hours of service (including recording and record-
keeping 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).
* * * * * * *
Part H--Identification of Vessels
CHAPTER 121--DOCUMENTATION OF VESSELS
* * * * * * *
Sec. 12110. Limitations on operations authorized by certificates
(a) * * *
* * * * * * *
(d) A documented vessel, other than a vessel with only a
recreational endorsement or an unmanned barge not engaged on a
coastwise voyage, may be placed under the command only of a
citizen of the United States.
* * * * * * *
Sec. 12120. Reports
To ensure compliance with this chapter and laws governing the
qualifications of vessels to engage in the coastwise trade and
the fisheries, the Secretary of Transportation may require
[owners and masters] owners, masters, and charterers of
documented vessels to submit reports in any reasonable form and
manner the Secretary may prescribe.
* * * * * * *
Sec. 12122. Penalties
(a) * * *
(b) A vessel and its equipment are liable to seizure by and
forfeiture to the United States Government--
(1) * * *
* * * * * * *
(6) when a documented vessel, other than a vessel
with only a recreational endorsement or an unmanned
barge not engaged on a coastwise voyage, is placed
under the command of a person not a citizen of the
United States.
* * * * * * *
Subtitle VI--Miscellaneous
* * * * * * *
CHAPTER 701--PORT SECURITY
* * * * * * *
Sec. 70114. Automatic identification systems
(a) System Requirements.--(1) Subject to paragraph (2), the
following vessels, while operating on the navigable waters of
the United States, shall be equipped with and operate an
automatic identification system, including an electronic chart
and related display, under regulations prescribed by the
Secretary:
(A) * * *
* * * * * * *
----------
SECTION 5 OF THE ACT OF MARCH 23, 1906
(POPULARLY KNOWN AS THE ``BRIDGE ACT OF 1906'')
An Act To regulate the construction of bridges over navigable waters.
Sec. 5. (a) * * *
(b) Whoever violates any provision of this Act, or any order
issued under this Act, shall be liable to a civil penalty of
not more than [$1,000] $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. Each day a violation continues shall be deemed
a separate offense. No penalty may be assessed under this
subsection until the person charged is given notice and an
opportunity for a hearing on the charge. The Secretary of
Transportation may assess and collect any civil penalty
incurred under this subsection and, in his discretion, may
remit, mitigate, or compromise any penalty until the matter is
referred to the Attorney General. If a person against whom a
civil penalty is assessed under this subsection fails to pay
that penalty, an action may be commenced in the district court
of the United States for any district in which the violation
occurs for such penalty.
----------
SECTION 5 OF THE ACT OF AUGUST 18, 1894
CHAP. 299.--An Act Making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors, and for
other purposes.
Sec. 5. (a) * * *
* * * * * * *
(c) Whoever violates any rule or regulation issued under
subsection (a) or (b), shall be liable to a civil penalty of
not more than [$1,000] $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. No penalty may be assessed under this
subsection until the person charged is given notice and an
opportunity for a hearing on the charge. The Secretary of
Transportation may assess and collect any civil penalty
incurred under this subsection and, in his discretion, may
remit, mitigate, or compromise any penalty until the matter is
referred to the Attorney General. If a person against whom a
civil penalty is assessed under this subsection fails to pay
that penalty, an action may be commenced in the district court
of the United States for any district in which the violation
occurs for such penalty.
----------
SECTION 510 OF THE GENERAL BRIDGE ACT OF 1946
Sec. 510. (a) * * *
(b) Whoever violates any provision of this Act, or any order
issued under this Act, shall be liable to a civil penalty of
not more than [$1,000] $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. Each day a violation continues shall be deemed
a separate offense. No penalty may be assessed under this
subsection until the person charged is given notice and an
opportunity for a hearing on the charge. The Secretary of
Transportation may assess and collect any civil penalty
incurred under this subsection and, in his discretion, may
remit, mitigate, or compromise any penalty until the matter is
referred to the Attorney General. If a person against whom a
civil penalty is assessed under this subsection fails to pay
that penalty, an action may be commenced in the district court
of the United States for any district in which the violation
occurs for such penalty.
----------
SECTION 311 OF THE FEDERAL WATER POLLUTION CONTROL ACT
OIL AND HAZARDOUS SUBSTANCE LIABILITY
Sec. 311. (a) * * *
* * * * * * *
(j) National Response System.--
(1) * * *
* * * * * * *
(5) Tank vessel, nontank vessel, and facility
response plans.--(A) The President shall issue
regulations which require an owner or operator of a
tank vessel, nontank vessel, or facility described in
subparagraph (B) 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 or a
hazardous substance.
(B) The tank vessels, nontank vessels, and facilities
referred to in subparagraph (A) are the following:
(i) * * *
(ii) A nontank vessel.
[(ii)] (iii) An offshore facility.
[(iii)] (iv) An onshore facility that,
because of its location, could reasonably be
expected to cause substantial harm to the
environment by discharging into or on the
navigable waters, adjoining shorelines, or the
exclusive economic zone.
* * * * * * *
(D) With respect to any response plan submitted under
this paragraph for an onshore facility that, because of
its location, could reasonably be expected to cause
significant and substantial harm to the environment by
discharging into or on the navigable waters or
adjoining shorelines or the exclusive economic zone,
and with respect to each response plan submitted under
this paragraph for a tank vessel, nontank vessel, or
offshore facility, the President shall--
(i) * * *
* * * * * * *
(iii) approve any plan that meets the
requirements of this paragraph; [and]
(iv) review each plan periodically
thereafter[.]; and
(v) for nontank vessels, consider any
applicable State-mandated response plan and
ensure consistency to the extent practicable.
(E) A tank vessel, nontank vessel, offshore facility,
or onshore facility required to prepare a response plan
under this subsection may not handle, store, or
transport oil unless--
(i) in the case of a tank vessel, nontank
vessel, offshore facility, or onshore facility
for which a response plan is reviewed by the
President under subparagraph (D), the plan has
been approved by the President; and
* * * * * * *
(F) Notwithstanding subparagraph (E), the President
may authorize a tank vessel, offshore facility, or
onshore facility to operate without a response plan
approved under this paragraph, until not later than 2
years after the date of the submission to the President
of a plan for the [tank] vessel or facility, if the
owner or operator certifies that the owner or operator
has ensured by contract or other means approved by the
President the availability of private personnel and
equipment necessary to respond, to the maximum extent
practicable, to a worst case discharge or a substantial
threat of such a discharge.
(G) The owner or operator of a tank vessel, nontank
vessel, offshore facility, or onshore facility may not
claim as a defense to liability under title I of the
Oil Pollution Act of 1990 that the owner or operator
was acting in accordance with an approved response
plan.
(H) The Secretary shall maintain, in the Vessel
Identification System established under chapter 125 of
title 46, United States Code, the dates of approval and
review of a response plan under this paragraph for each
tank vessel and nontank vessel that is a vessel of the
United States.
(6) Equipment requirements and inspection.--[Not
later than 2 years after the date of enactment of this
section, the President shall require--] The President
may require--
(A) * * *
(B) vessels operating on navigable waters and
carrying oil or a hazardous substance in bulk
as cargo, and nontank vessels carrying oil of
any kind as fuel for main propulsion, to carry
appropriate removal equipment that employs the
best technology economically feasible and that
is compatible with the safe operation of the
vessel.
(7) Area drills.--The President shall periodically
conduct drills of removal capability, without prior
notice, in areas for which Area Contingency Plans are
required under this subsection and under relevant tank
vessel, nontank vessel, and facility response plans.
The drills may include participation by Federal, State,
and local agencies, the owners and operators of vessels
and facilities in the area, and private industry. The
President may publish annual reports on these drills,
including assessments of the effectiveness of the plans
and a list of amendments made to improve plans.
* * * * * * *
(9) Nontank vessel defined.--In this subsection, the
term ``nontank vessel'' means a self-propelled vessel
of 400 gross tons (as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of such title as
prescribed by the Secretary under section 14104 of such
title) 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.
* * * * * * *
----------
OIL POLLUTION ACT OF 1990
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
SEC. 1001. DEFINITIONS.
For the purposes of this Act, the term--
(1) * * *
* * * * * * *
[(26) ``owner or operator'' means (A) in the case of
a vessel, any person owning, operating, or chartering
by demise, the vessel, and (B) in the case of an
onshore facility, and an offshore facility, any person
owning or operating such onshore facility or offshore
facility, and (C) in the case of any abandoned offshore
facility, the person who owned or operated such
facility immediately prior to such abandonment;]
(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), 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
bankruptcy, tax delinquency,
abandonment, or other circumstances in
which the government involuntarily
acquires title by virtue of its
function as sovereign; and
(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 decisionmaking
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
decisionmaking 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 bankruptcy, tax
delinquency, abandonment, or 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;
(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 311(c) of
the Federal Water Pollution
Control Act (33 U.S.C. 311(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;
* * * * * * *
(36) ``United States'' and ``State'' mean the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa,
the United States Virgin Islands, the Commonwealth of
the Northern Marianas, and any other territory or
possession of the United States; [and]
(37) ``vessel'' means every description of watercraft
or other artificial contrivance used, or capable of
being used, as a means of transportation on water,
other than a public vessel[.];
(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,
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)).
* * * * * * *
SEC. 1003. DEFENSES TO LIABILITY.
(a) * * *
* * * * * * *
(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 discharge of the
oil on, in, or at the facility;
(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 placed 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
(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 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, minimize or
mitigate any substantial threat
of discharge; and
(III) prevent or limit any
human, environmental, or
natural resource exposure to
any discharged oil.
(B) Regulations establishing standards and
practices.--Not later than 2 years after the
date of the enactment of this paragraph, the
Secretary 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 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 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,
including, to the extent available,
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 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 or
appropriate official 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 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 the
oil by appropriate inspection.
(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.
* * * * * * *
TITLE IV--PREVENTION AND REMOVAL
Subtitle A--Prevention
* * * * * * *
SEC. 4110. OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DEVICES.
(a) Standards.--[Not later than 1 year after the date of the
enactment of this Act, the Secretary shall] The Secretary may
establish, by regulation, minimum standards for devices for
warning persons of overfills and tank levels of oil in cargo
tanks and devices for monitoring the pressure of oil cargo
tanks.
(b) Use.--[Not later than 1 year after the date of the
enactment of this Act, the Secretary shall] No sooner than 1
year after the Secretary prescribes regulations under
subsection (a), the Secretary may issue regulations
establishing, consistent with generally recognized principles
of international law, requirements concerning the use of--
(1) * * *
* * * * * * *
which are referred to in subsection (a) and which meet [the
standards] any standards established by the Secretary under
subsection (a), on vessels constructed or adapted to carry, or
that carry, oil in bulk as cargo or cargo residue on the
navigable waters and the waters of the exclusive economic zone.
* * * * * * *