To authorize appropriations for fiscal year 2004 for the United States Coast Guard, and for other purposes.

March 27, 2003

Ms. SNOWE introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To authorize appropriations for fiscal year 2004 for the United States Coast Guard, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Coast Guard Authorization Act of 2003'.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

TITLE I--AUTHORIZATION

TITLE II--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT

TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION

TITLE IV--MISCELLANEOUS

TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2004.

There are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 2004 the following amounts:

(1) For the operation and maintenance of the Coast Guard, $4,729,000,000, of which $25,000,000 shall be derived from the Oil Spill Liability Trust Fund.

(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $775,000,000 to remain available until expended, of which $20,000,000 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.

(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 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, $22,000,000, to remain available until expended, of which $3,500,000 shall be derived from the Oil Spill Liability Trust Fund.

(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, $1,020,000,000, to remain available until expended.

(5) For environmental compliance and restoration at Coast Guard facilities (other than parts and equipment associated with operations and maintenance), $17,000,000, to remain available until expended.

(6) 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--

(A) $16,000,000, to remain available until expended; and

(B) $2,000,000, to remain available until expended, which may be utilized for construction of a new Chelsea Street Bridge over the Chelsea River in Boston, Massachusetts.

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

(a) End-of-Year Strength for Fiscal Year 2004- The Coast Guard is authorized an end-of-year strength of active duty personnel of 45,500 as of September 30, 2004.

(b) Training Student Loads for Fiscal Year 2004- For fiscal year 2004, the Coast Guard is authorized average military training student loads as follows:

(1) For recruit and special training, 2,250 student years.

(2) For flight training, 125 student years.

(3) For professional training in military and civilian institutions, 300 student years.

(4) For officer acquisition, 1,150 student years.

TITLE II--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT

SEC. 201. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.

(a) IN GENERAL- Chapter 11 of title 14, United States Code, is amended by adding at the end the following:

`Sec. 374. Critical skill training bonus

`(a) The Secretary may provide a bonus, not to exceed $20,000, 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. 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 his or her 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 shall charge interest on the reimbursed amount 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 preceding calendar quarter.'.

(b) CONFORMING AMENDMENT- The chapter analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 373 the following:

SEC. 202. AMEND LIMITS TO THE NUMBER OF COMMANDERS AND LIEUTENANT COMMANDERS.

Section 42 of title 14, United States Code, is amended--

(1) by striking `The' in subsection (a) and inserting `Except in time of war or national emergency declared by Congress or the President, the';

(2) by striking `6,200.' in subsection (a) and inserting `7,100. In time of war or national emergency, the Secretary shall establish the total number of commissioned officers, excluding commissioned warrant officers, on active duty in the Coast Guard.'; and

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

SEC. 203. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.

(a) DEFINITIONS- Section 680 of title 14, United States Code, is amended by adding at the end the following:

`(5) The term `eligible entity' means any private person, corporation, firm, partnership, company, State or local government, or housing authority of a State or local government.'.

(b) DIRECT LOANS AND LOAN GUARANTEES- Section 682 of title 14, United States Code, is amended--

(1) by striking the section heading and inserting the following:

`Sec. Direct loans and loan guarantees';

(2) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively;

(3) by inserting before subsection (b), as 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) by striking `subsection (b),' in subsection (b), as redesignated, and inserting `subsection (c),'; and

(5) by striking the subsection heading for subsection (c), as redesignated, and inserting `(c) Direct loans and loan guarantees- '.

(c) CONFORMING AMENDMENT- The chapter analysis for chapter 17 of title 14, United States Code, is amended by striking the item related to section 682 and inserting the following:

SEC. 204. PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED SOLELY FOR AUXILIARY USE.

Section 821 of title 14, United States Code, is amended by adding at the end the following:

`(d) Subject to the approval of the Commandant:

`(1) The Coast Guard Auxiliary and each organizational element and unit (whether or not incorporated), shall have the power to acquire, own, hold, lease, encumber, mortgage, transfer, and dispose of personal property for the purposes set forth in section 822. Personal property owned by the Auxiliary or an Auxiliary unit, or any element thereof, whether or not incorporated, shall at all times be deemed to be property of the United States for the purposes of the statutes described in paragraphs (1) through (6) of subsection (b) while such property is being used by or made exclusively available to the Auxiliary as provided in section 822.

`(2) Personal property owned by the Auxiliary or an Auxiliary unit or any element or unit thereof, shall not be considered property of the United States for any other purpose or under any other provision of law except as provided in sections 821 through 832 and section 641 of this title. The necessary expenses of operation, maintenance and repair or

replacement of such property may be reimbursed using appropriated funds.

`(3) For purposes of this subsection, personal property includes, but is not limited to, motor boats, yachts, aircraft, radio stations, motorized vehicles, trailers, or other equipment.'.

SEC. 205. COAST GUARD AUXILIARY UNITS AS INSTRUMENTALITIES OF THE UNITED STATES FOR TAXATION PURPOSES.

Section 821(a) of title 14, United States Code, is amended by inserting `The Auxiliary and each organizational element and unit shall be deemed to be instrumentalities and political subdivisions of the United States for taxation purposes and for those exemptions as provided under section 107 of title 4, United States Code.' after the second sentence.

TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION

SEC. 301. MARKING OF UNDERWATER WRECKS.

Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 409), is amended--

(1) by striking `day and a lighted lantern' in the second sentence inserting `day and, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light'; and

(2) by adding at the end `The Commandant of the Coast Guard may waive the requirement to mark a wrecked vessel, raft, or other craft with a light at night if the Commandant determines that placing a light would be impractical and granting such a waiver would not create an undue hazard to navigation.'.

SEC. 302. PORTS AND WATERWAYS PARTNERSHIPS; COOPERATIVE VENTURES.

Section 4 of the Ports and Waterways Safety Act (33 U.S.C. 1223), is amended--

(1) by striking `and' after the semicolon in subsection (a)(4)(D);

(2) by striking `environment.' in subsection (a)(5) and inserting `environment;';

(3) by adding at the end of subsection (a) the following:

`(6) may carry out the functions under paragraph (1) of this subsection, at the Secretary's discretion and on such terms and conditions as the Secretary deems appropriate, either solely, or in cooperation with a public or private agency, authority, association, institution, corporation, organization, or persons, except that a non-governmental entity may not carry out an inherently governmental function; and

`(7) may, for the purpose of carrying out the Secretary's functions under paragraph (1) of this subsection, convey or lease real property under the administrative control of the Coast Guard to public or private agencies, authorities, associations, institutions, corporations, organizations, or persons for such consideration and upon such terms and conditions as the Secretary considers appropriate, except that the term of any such lease shall not exceed 20 years.'; and

(4) by adding at the end the following:

`(e) SPECIAL PROVISIONS RELATING TO SUBSECTION (a)(6) and (7)-

`(1) DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION- For purposes of subsection (a)(6), 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).

`(2) DISPOSITION OF PROCEEDS FROM CONVEYANCES AND LEASES- Amounts collected under subsection (a)(7) shall be credited to a special fund in the Treasury and ascribed to the Coast Guard. The amounts collected shall be available to the Coast Guard's `Operating Expenses' account without further appropriation and without fiscal year limitation, and the amounts appropriated from the general fund for that account shall be reduced by the amounts so collected.

`(3) Nonapplication of certain acts- A conveyance or lease of real property under subsection (a)(7) is not subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), section 321 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b), or the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.).'.

SEC. 303. 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. 304. REVISION OF TEMPORARY SUSPENSION CRITERIA IN SUSPENSION AND REVOCATION CASES.

Section 7702(d)(1) of title 46, United States Code, is amended--

(1) by striking `if, when acting under the authority of that license, certificate, or document--' and inserting `if--';

(2) by striking `has' in subparagraph (B)(i) and inserting `has, while acting under the authority of that license, certificate, or document,';

(3) by striking `or' at the end of subparagraph (B)(ii);

(4) by striking `1982.' in subparagraph (B)(iii) and inserting `1982; or'; and

(5) by adding at the end of subparagraph (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. 305. REVISION OF BASES FOR SUSPENSION & REVOCATION CASES.

Section 7703 of title 46, United States Code, is amended--

(1) by striking `incompetence' in paragraph (1)(B);

(2) by striking `or' after the semicolon in paragraph (2);

(3) by striking `1982.' in paragraph (3) and inserting `1982;'; 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 public or commercial structure located within or adjacent to the marine environment.'.

SEC. 306. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG CONVICTIONS IN SUSPENSION & REVOCATION CASES.

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

SEC. 307. RECORDS OF MERCHANT MARINERS' DOCUMENTS.

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

SEC. 308. EXEMPTION OF UNMANNED BARGES FROM CERTAIN CITIZENSHIP REQUIREMENTS.

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

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

SEC. 309. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN BRIDGE STATUTES.

(a) Section 5(b) of the Bridge Act of 1906 (33 U.S.C. 495) is amended by striking `$1,000.' and inserting `$25,000.'.

(b) 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), is amended by striking `$1,000.' and inserting `$25,000.'.

(c) 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', enacted March 3, 1899 (33 U.S.C. 502), is amended by striking `$1,000.' and inserting `$25,000.'.

(d) Section 510(b) of the General Bridge Act of 1946 (33 U.S.C. 533) is amended by striking `$1,000.' and inserting `25,000.'.

SEC. 310. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH RECREATIONAL VESSEL AND ASSOCIATED EQUIPMENT SAFETY STANDARDS.

Section 4311 of title 46, United States Code, is amended--

(1) by striking the first sentence of subsection (b) and inserting `(1) A person violating section 4307(a) of this title is liable to the United States Government for a civil penalty of not more than $5,000, except that the maximum civil penalty may be not more than $250,000 for a related series of violations.';

(2) by striking `4307(a)(1),' in the second sentence of subsection (b) and inserting `4307(a),':

(3) by redesignating paragraphs (1) and (2) of subsection (b) as subparagraphs (A) and (B), respectively;

(4) by adding at the end of subsection (b) the following:

`(2) Any person, including, a director, officer, or executive employee of a corporation, who knowingly and willfully violates section 4307(a) of this title, shall be fined not more than $10,000, imprisoned for not more than one year, or both.'; and

(5) by striking `$1,000.' in subsection (c) and inserting `$5,000.'.

SEC. 311. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND.

Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2752(b)) is amended by striking `$50,000,000' and inserting `$150,000,000'.

SEC. 312. LAW ENFORCEMENT POWERS.

(a) IN GENERAL- Chapter 5 of title 14, United States Code, is amended by inserting after section 95 the following:

`Sec. 95a. Law enforcement powers

`(a) IN GENERAL- Subject to guidelines approved by the Secretary and the Attorney General, members of the Coast Guard may, in the performance of official duties--

`(1) carry firearms;

`(2) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and

`(3) seize property as provided by law.

`(b) APPLICATION WITH OTHER AUTHORITY- The provisions of this section are in addition to any powers conferred by law upon such officers, and not in limitation of any powers conferred by law upon such officers, or any other officers of the United States.'.

(b) CONFORMING AMENDMENT- The chapter analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 95 the following:

SEC. 313. CORRECTION TO DEFINITION OF FEDERAL LAW ENFORCEMENT AGENCIES IN THE ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT OF 2002.

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

`(G) The United States Coast Guard.'.

TITLE IV--MISCELLANEOUS

SEC. 401. CONVEYANCE OF LIGHTHOUSES.

Section 308(c) of the National Historic Lighthouse Preservation Act of 2000 (16 U.S.C. 470w-7(c)) is amended by adding at the end the following:

`(4) LIGHTHOUSES ORIGINALLY CONVEYED UNDER OTHER AUTHORITY- Upon receiving notice of an executed or intended conveyance by sale, gift, or any other manner of a lighthouse conveyed under authority other than this Act, the Secretary shall review the executed or proposed conveyance to ensure that any new owner will comply with any and all conditions of the original conveyance. If the Secretary determines that the new owner has not or is unable to comply with those conditions the Secretary shall immediately invoke any reversionary interest or take such other action as may be necessary to protect the interests of the United States.'.

SEC. 402. Loran-C.

There are authorized to be appropriated to the Department of Transportation, in addition to funds authorized for the Coast Guard for operation of the Loran-C system, for capital expenses related to Loran-C navigation infrastructure, $25,000,000 for fiscal year 2004. The Secretary of Transportation may transfer from the Federal Aviation Administration and other agencies of the Department funds appropriated as authorized under this section in order to reimburse the Coast Guard for related expenses.

END