Public Law 108-293

by the 108th Congress of the United States

108^TH UNITED STATES CONGRESS
2^ND SESSION

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.

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Public Law 108–293
108th Congress

Aug. 9, 2004

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[H.R. 2443]

An Act

An Act to authorize appropriations for the Coast Guard for fiscal year 2005, to amend various laws administered by the Coast Guard, and for other purposes.

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

Coast Guard and Maritime Transportation Act of 2004.
14 USC 1 note.SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

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

TITLE I—AUTHORIZATION

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

TITLE II—COAST GUARD MANAGEMENT

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

TITLE III—NAVIGATION

• Sec. 301. Marking of underwater wrecks.
• Sec. 302. Use of electronic devices; cooperative agreements.
• Sec. 303. Inland navigation rules promulgation authority.
• Sec. 304. Saint Lawrence Seaway.

TITLE IV—SHIPPING

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

TITLE V—FEDERAL MARITIME COMMISSION

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

TITLE VI—MISCELLANEOUS

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

TITLE VII—AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990

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

TITLE VIII—MARITIME TRANSPORTATION SECURITY

• Sec. 801. Enforcement.
• 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.