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Public Law 108-293
108th Congress

                                 An Act

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

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


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


    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.


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

                          TITLE III--NAVIGATION

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

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

                           TITLE IV--SHIPPING

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


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

                         TITLE VI--MISCELLANEOUS

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


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


Sec. 801. Enforcement.

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

                         TITLE I--AUTHORIZATION


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

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


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



    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.''.


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

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

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

[[Page 118 STAT. 1032]]

or other agreement with any element or instrumentality of the Coast 
Guard or with another Federal department, agency, or instrumentality to 
provide or obtain goods and services beneficial to the efficient 
management and operation of the Coast Guard Exchange System or that 
morale, welfare, and recreation system.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 

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