I 

108TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2003

Mr. YOUNG of Alaska (for himself, Mr. LOBIONDO, Mr. OBERSTAR, and Mr. 

FILNER) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL

To authorize appropriations for the Coast Guard for fiscal 

year 2004, to amend various laws administered by the 

Coast Guard, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be referred to as the ‘‘Coast Guard and 

5 Maritime Transportation Act of 2003’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION 
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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. Travel card management. 

Sec. 211. Coast Guard fellowship program. 

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. Suspension of records of merchant mariners’ documents. 

Sec. 404. Exemption of unmanned barges from certain citizenship requirements. 

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 & 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 of M/V BLUEFIN.
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1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) OPERATIONS AND CAPITAL ACQUISITIONS.—

4 (1) IN GENERAL.—Funds are authorized to be 

5 appropriated for fiscal year 2004 for necessary ex6 penses of the Coast Guard as follows: 

7 (A) OPERATING EXPENSES.—For the oper8 ating expenses of the Coast Guard, 

9 $4,946,000,000, of which—

10 (i) $4,929,000,000 is for operation 

11 and maintenance of the Coast Guard; and 

12 (ii) $17,000,000 is for environmental 

13 compliance and restoration at Coast Guard 

14 facilities (other than parts and equipment 

15 associated with operations and mainte16 nance). 

17 (B) CAPITAL ACQUISITIONS.—For the cap18 ital acquisitions of the Coast Guard, 

19 $1,097,000,000, of which—

20 (i) $355,000,000 is for acquisition, 

21 construction, rebuilding, and improvement 

22 of aids to navigation, shore and offshore 

23 facilities, vessels, and aircraft, including 

24 equipment related thereto; 
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1 (ii) $702,000,000 is for acquisition 

2 and construction of shore and offshore fa3 cilities, vessels, and aircraft, including 

4 equipment related thereto, and other ac5 tivities that constitute the Integrated 

6 Deepwater Systems program; 

7 (iii) $22,000,000 is for research, de8 velopment, test, and evaluation of tech9 nologies, materials, and human factors di10 rectly relating to improving the perform11 ance of the Coast Guard’s mission in sup12 port of search and rescue, aids to naviga13 tion, marine safety, marine environmental 

14 protection, enforcement of laws and trea15 ties, ice operations, oceanographic re16 search, and defense readiness; and 

17 (iv) $18,000,000 is for the alteration 

18 or removal of bridges over navigable waters 

19 of the United States constituting obstruc20 tions to navigation, and for personnel and 

21 administrative costs associated with the 

22 Bridge Alteration Program. 

23 (2) SOURCE OF FUNDS.—

24 (A) OPERATING EXPENSES.—Of the 

25 amount authorized in paragraph (1)(A), 
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1 $25,000,000 is authorized to be derived from 

2 the Oil Spill Liability Trust Fund to carry out 

3 the purposes of section 1012(a)(5) of the Oil 

4 Pollution Act of 1990. 

5 (B) CAPITAL ACQUISITIONS.—Of the 

6 amounts authorized by paragraph (1)(B), 

7 (i) $20,000,000 is authorized to be 

8 derived from the Oil Spill Liability Trust 

9 Fund to carry out the purposes of section 

10 1012(a)(5) of the Oil Pollution Act of 

11 1990; and 

12 (ii) $3,500,000 is authorized to be de13 rived each fiscal year from the Oil Spill Li14 ability Trust Fund to carry out the pur15 poses of section 1012(a)(5) of the Oil Pol16 lution Act of 1990. 

17 (b) RETIRED PAY.—There is authorized to be appro18 priated for Coast Guard retired pay (including the pay19 ment of obligations otherwise chargeable to lapsed appro20 priations for this purpose), payments with respect to the 

21 Coast Guard under the Retired Serviceman’s Family Pro22 tection and Survivor Benefit Plans, and payments for 

23 medical care of retired Coast Guard personnel and their 

24 dependents under chapter 55 of title 10, United States 

25 Code, $1,020,000,000. 
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1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

2 AND TRAINING. 

3 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is 

4 authorized an end-of-year strength for active duty per5 sonnel of 45,500 as of September 30, 2004. 

6 (b) MILITARY TRAINING STUDENT LOADS.—The 

7 Coast Guard is authorized average military training stu8 dent loads as follows: 

9 (1) For recruit and special training for fiscal 

10 year 2004, 2,500 student years. 

11 (2) For flight training for fiscal year 2004, 125 

12 student years. 

13 (3) For professional training in military and ci14 vilian institutions for fiscal year 2004, 350 student 

15 years. 

16 (4) For officer acquisition for fiscal year 2004, 

17 1,200 student years. 

18 TITLE II—COAST GUARD 

19 MANAGEMENT 

20 SEC. 201. LONG-TERM LEASES. 

21 Section 93 of title 14, United States Code, is amend22 ed— 

23 (1) by redesignating paragraphs (a) through (x) 

24 in order as paragraphs (1) through (24); 
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1 (2) in paragraph (19) (as so redesignated) by 

2 striking the comma at the end and inserting a semi3 colon; 

4 (3) by inserting ‘‘(a)’’ before ‘‘For the pur5 pose’’; and 

6 (4) by adding at the end the following: 

7 ‘‘(b)(1) Notwithstanding subsection (a)(14), a lease 

8 described in paragraph (2) of this subsection may be for 

9 a term of up to 20 years. 

10 ‘‘(2) A lease referred to in paragraph (1) is a lease—

11 ‘‘(A) to the United States Coast Guard Acad12 emy Alumni Association for the construction of an 

13 Alumni Center on the grounds of the United States 

14 Coast Guard Academy; or 

15 ‘‘(B) to an entity with which the Commandant 

16 has a cooperative agreement under section 4(e) of 

17 the Ports and Waterways Safety Act, and for which 

18 a term longer than 5 years is necessary to carry out 

19 the agreement.’’. 

20 SEC. 202. NONAPPROPRIATED FUND INSTRUMENTALITIES. 

21 (a) IN GENERAL.—Chapter 7 of title 14, United 

22 States Code, is amended by adding at the end the fol23 lowing: 
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1 ‘‘§ 152. Nonappropriated fund instrumentalities: con2 tracts with other agencies and instru3 mentalities to provide or obtain goods 

4 and services 

5 ‘‘The Coast Guard Exchange System, or a morale, 

6 welfare, and recreation system of the Coast Guard, may 

7 enter into a contract or other agreement with any element 

8 or instrumentality of the Coast Guard or with another 

9 Federal department, agency, or instrumentality to provide 

10 or obtain goods and services beneficial to the efficient 

11 management and operation of the Coast Guard Exchange 

12 System or that morale, welfare, and recreation system.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis at the be14 ginning of chapter 7 of title 14, United States Code, is 

15 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.’’.

16 SEC. 203. TERM OF ENLISTMENTS. 

17 Section 351(a) of title 14, United States Code, is 

18 amended by striking ‘‘terms of full years not exceeding 

19 six years.’’ and inserting ‘‘a period of at least two years 

20 but not more than six years.’’. 
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1 SEC. 204. ENLISTED MEMBER CRITICAL SKILL TRAINING 

2 BONUS. 

3 (a) IN GENERAL.—Chapter 11 of title 14, United 

4 States Code, is amended by inserting after section 373 the 

5 following: 

6 ‘‘§ 374. Critical skill training bonus 

7 ‘‘(a) The Secretary may provide a bonus, not to ex8 ceed $20,000, to an enlisted member who completes train9 ing in a skill designated as critical, if at least four years 

10 of obligated active service remain on the member’s enlist11 ment at the time the training is completed. A bonus under 

12 this section may be paid in a single lump sum or in peri13 odic installments. 

14 ‘‘(b) If an enlisted member voluntarily or because of 

15 misconduct does not complete the member’s term of obli16 gated active service, the Secretary may require the mem17 ber to repay the United States, on a pro rata basis, all 

18 sums paid under this section. The Secretary may charge 

19 interest on the amount repaid at a rate, to be determined 

20 quarterly, equal to 150 percent of the average of the yields 

21 on the 91-day Treasury bills auctioned during the calendar 

22 quarter preceding the date on which the amount to be re23 paid is determined.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis at the be25 ginning of chapter 11 of title 14, United States Code, is

26 amended by inserting the following after the item relating 
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1 to section 373:

‘‘374. Critical skill training bonus.’’.

2 SEC. 205. ENHANCEMENT OF COAST GUARD AUTHORITY TO 

3 STOP VESSELS LIABLE TO SEIZURE OR EXAM4 INATION. 

5 (a) REPEAL OF REQUIREMENT TO FIRE WARNING

6 SHOT.—Subsection (a) of section 637 of title 14, United 

7 States Code, is amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

9 (2) by striking ‘‘after a’’ and all that follows 

10 through ‘‘signal,’’ and inserting ‘‘subject to para11 graph (2),’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(2) Before firing at or into a vessel as authorized 

14 in paragraph (1), the person in command or in charge of 

15 the authorized vessel or authorized aircraft shall fire a gun 

16 as a warning signal, except that the prior firing of a gun 

17 as a warning signal is not required if that person deter18 mines that the firing of a warning signal would unreason19 ably endanger persons or property in the vicinity of the 

20 vessel to be stopped.’’. 

21 (b) EXTENSION TO MILITARY AIRCRAFT OF COAST

22 GUARD INTERDICTION AUTHORITY.—Subsection (c) of 

23 such section is amended—

24 (1) in paragraph (1) by inserting ‘‘or’’ after the 

25 semicolon; and 
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1 (2) in paragraph (2) by striking ‘‘; or’’ and all 

2 that follows through paragraph (3) and inserting a 

3 period. 

4 (c) REPEAL OF TERMINATION OF APPLICABILITY TO

5 NAVAL AIRCRAFT.—Subsection (d) of such section is re6 pealed. 

7 SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCE8 MENT COSTS FOR CERTAIN FEES AND 

9 CHARGES. 

10 Section 664 of title 14, United States Code, is 

11 amended—

12 (1) by redesignating subsection (c) as sub13 section (f); 

14 (2) in subsection (f), as so redesignated, by 

15 striking ‘‘Merchant Marine and Fisheries’’ and in16 serting ‘‘Transportation and Infrastructure’’; 

17 (3) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) In addition to the collection of fees and charges 

20 established under this section, the Secretary may recover 

21 from the person liable for the fee or charge the costs of 

22 collecting delinquent payments of the fee or charge, and 

23 enforcement costs associated with delinquent payments of 

24 the fees and charges. 
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1 ‘‘(d)(1) The Secretary may employ any Federal, 

2 State, or local agency or instrumentality, or any private 

3 enterprise or business, to collect a fee or charge estab4 lished under this section. 

5 ‘‘(2) A private enterprise or business employed by the 

6 Secretary to collect fees or charges—

7 ‘‘(A) shall be subject to reasonable terms and 

8 conditions agreed to by the Secretary and the enter9 prise or business; 

10 ‘‘(B) shall provide appropriate accounting to 

11 the Secretary; and 

12 ‘‘(C) may not institute litigation as part of that 

13 collection. 

14 ‘‘(e) The Secretary shall account for the agency’s 

15 costs of collecting a fee or charge as a reimbursable ex16 pense, and the costs shall be credited to the account from 

17 which expended.’’; and 

18 (4) by adding at the end the following: 

19 ‘‘(g) In this section the term ‘costs of collecting a fee 

20 or charge’ includes the reasonable administrative, account21 ing, personnel, contract, equipment, supply, training, and 

22 travel expenses of calculating, assessing, collecting, enforc23 ing, reviewing, adjusting, and reporting on a fee or 

24 charge.’’. 
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1 SEC. 207. EXPANSION OF COAST GUARD HOUSING AU2 THORITIES. 

3 (a) ELIGIBLE ENTITY DEFINED.—Section 680 of 

4 title 14, United States Code, is amended—

5 (1) by redesignating paragraphs (3) and (4) in 

6 order as paragraphs (4) and (5); and 

7 (2) by inserting after paragraph (2) the fol8 lowing: 

9 ‘‘(3) The term ‘eligible entity’ means any pri10 vate person, corporation, firm, partnership, or com11 pany and any State or local government or housing 

12 authority of a State or local government.’’. 

13 (b) DIRECT LOANS FOR PROVIDING HOUSING.—Sec14 tion 682 of title 14, United States Code, is amended—

15 (1) in the section heading by striking ‘‘LOAN

16 GUARANTEES’’ and inserting ‘‘DIRECT LOANS AND

17 LOAN GUARANTEES’’; 

18 (2) by redesignating subsections (a) and (b) as 

19 (b) and (c) respectively; 

20 (3) by inserting before subsection (b) (as so re21 designated) the following: 

22 ‘‘(a) DIRECT LOANS.—(1) Subject to subsection (c), 

23 the Secretary may make direct loans to an eligible entity 

24 in order to provide funds to the eligible entity for the ac25 quisition or construction of housing units that the Sec-
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1 retary determines are suitable for use as military family 

2 housing or as military unaccompanied housing. 

3 ‘‘(2) The Secretary shall establish such terms and 

4 conditions with respect to loans made under this sub5 section as the Secretary considers appropriate to protect 

6 the interests of the United States, including the period 

7 and frequency for repayment of such loans and the obliga8 tions of the obligors on such loans upon default.’’; 

9 (4) in subsection (b) (as so redesignated) by 

10 striking ‘‘subsection (b),’’ and inserting ‘‘subsection 

11 (c),’’; and 

12 (5) in subsection (c) (as so redesignated)—

13 (A) in the heading by striking ‘‘GUAR14 ANTEE’’; and 

15 (B) by striking ‘‘Loan guarantees’’ and in16 serting ‘‘Direct loans and loan guarantees’’. 

17 (c) CLERICAL AMENDMENT.—The chapter analysis 

18 for chapter 17 of title 14, United States Code, is amended 

19 by striking the item related to section 682 and inserting 

20 the following:

‘‘682. Direct loans and loan guarantees.’’.

21 SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT. 

22 Section 727 of title 14, United States Code, is 

23 amended in the second sentence by striking ‘‘three years’’ 

24 and inserting ‘‘one year’’. 
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1 SEC. 209. MAXIMUM AGE FOR RETENTION IN AN ACTIVE 

2 STATUS. 

3 Section 742 of title 14, United States Code, is 

4 amended—

5 (1) in subsection (a), by striking ‘‘sixty-two’’ 

6 and inserting ‘‘60’’; and 

7 (2) in subsection (c), by striking ‘‘sixty-two’’ 

8 and inserting ‘‘60’’. 

9 SEC. 210. TRAVEL CARD MANAGEMENT. 

10 Chapter 13 of title 14, United States Code, is amend11 ed by adding at the end the following: 

12 ‘‘§ 517. Travel card management 

13 ‘‘(a) The Secretary may require that travel or trans14 portation allowances due a civilian employee or military 

15 member of the Coast Guard be disbursed directly to the 

16 issuer of a Federal contractor-issued travel charge card, 

17 but only in an amount not to exceed the authorized travel 

18 expenses charged by that Coast Guard member to that 

19 travel charge card issued to that employee or member. 

20 ‘‘(b) The Secretary may also establish requirements 

21 similar to those established by the Secretary of Defense 

22 pursuant to section 2784a of title 10 for deduction or 

23 withholding of pay or retired pay from a Coast Guard em24 ployee, member, or retired member who is delinquent in 

25 payment under the terms of the contract under which the 
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1 card was issued and does not dispute the amount of the 

2 delinquency.’’. 

3 SEC. 211. COAST GUARD FELLOWSHIP PROGRAM. 

4 (a) ESTABLISHMENT.—Title 14, United States Code, 

5 is amended by adding at the end of chapter 11 the fol6 lowing: 

7 ‘‘§ 337. Coast Guard Congressional Fellowship Pro8 gram 

9 ‘‘(a) There is established in the Coast Guard a Coast 

10 Guard Congressional Fellowship Program to broaden 

11 Coast Guard officers’ knowledge of the Congress. 

12 ‘‘(b) The Commandant may appoint 4 mid-grade offi13 cers as fellows under the program, subject to the following 

14 limitations: 

15 ‘‘(1) The maximum length of a fellowship is one 

16 year. 

17 ‘‘(2) A fellow may be assigned to an office of 

18 the House of Representatives or the Senate, includ19 ing a committee, during the period of the fellowship, 

20 or may rotate between such offices. 

21 ‘‘(3) To protect against abuses of separation of 

22 powers principles and conflicts of interest, a fellow 

23 may not engage in duties that will result in any di24 rect or indirect benefit to the Coast Guard, other 

25 than broadening the fellow’s knowledge. 
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1 ‘‘(c) An individual violating this section is subject to 

2 appropriate discipline by the Commandant.’’. 

3 (b) LIMITATION ON APPLICATION.—Section 

4 337(b)(1) of title 14, United States Code, as amended by 

5 this section, does not apply to an individual serving on 

6 June 10, 2003, as a Coast Guard congressional fellow. 

7 (c) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 11 of title 14, United States Code, is amended 

9 by inserting after the item relating to section 336 the fol10 lowing:

‘‘337. Coast Guard Congressional Fellowship Program.’’.

11 TITLE III—NAVIGATION 

12 SEC. 301. MARKING OF UNDERWATER WRECKS. 

13 Section 15 of the Act of March 3, 1899 (33 U.S.C. 

14 409), is amended—

15 (1) by striking ‘‘day and’’ and inserting ‘‘day 

16 and, unless otherwise authorized by the Com17 mandant of Coast Guard,’’; and 

18 (2) by striking ‘‘lighted lantern’’ and inserting 

19 ‘‘light’’. 

20 SEC. 302. USE OF ELECTRONIC DEVICES; COOPERATIVE 

21 AGREEMENTS. 

22 Section 4(a) of the Ports and Waterways Safety Act 

23 (33 U.S.C. 1223(a)) is amended by—

24 (1)(A) striking ‘‘and’’ after the semicolon at the 

25 end of paragraph (4); 
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1 (B) striking the period at the end of paragraph 

2 (5) and inserting ‘‘; and’’; and 

3 (C) adding at the end the following: 

4 ‘‘(6) may prohibit the use on the bridge of a 

5 vessel of electronic or other devices that interfere 

6 with communications and navigation equipment.’’; 

7 and 

8 (2) adding at the end the following: 

9 ‘‘(e) COOPERATIVE AGREEMENTS.—(1) The Sec10 retary may enter into cooperative agreements with public 

11 or private agencies, authorities, associations, institutions, 

12 corporations, organizations, or other persons to carry out 

13 the functions under subsection (a)(1). 

14 ‘‘(2) A nongovernmental entity may not under this 

15 subsection carry out an inherently governmental function. 

16 ‘‘(3) As used in this paragraph, the term ‘inherently 

17 governmental function’ means any activity that is so inti18 mately related to the public interest as to mandate per19 formance by an officer or employee of the Federal Govern20 ment, including an activity that requires either the exer21 cise of discretion in applying the authority of the Govern22 ment or the use of judgment in making a decision for the 

23 Government.’’. 
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1 SEC. 303. INLAND NAVIGATION RULES PROMULGATION AU2 THORITY. 

3 (a) REPEAL OF INLAND RULES.—Section 2 of the 

4 Inland Navigation Rules Act of 1980 (33 U.S.C. 2001–

5 38) is repealed. 

6 (b) AUTHORITY TO ISSUE REGULATIONS.—Section 3 

7 of the Inland Navigation Rules Act of 1980 (33 U.S.C. 

8 2001) is amended to read as follows: 

9 ‘‘SEC. 3. INLAND NAVIGATION RULES. 

10 ‘‘The Secretary of the Department in which the Coast 

11 Guard is operating may issue inland navigation regula12 tions applicable to all vessels upon the inland waters of 

13 the United States and technical annexes that are as con14 sistent as possible with the respective annexes to the Inter15 national Regulations.’’. 

16 (c) EFFECTIVE DATE.—Subsection (a) is effective on 

17 the effective date of final regulations prescribed by the 

18 Secretary of the Department in which the Coast Guard 

19 is operating under section 3 of the Inland Navigation 

20 Rules Act of 1980 (33 U.S.C. 2001), as amended by this 

21 Act.

22 TITLE IV—SHIPPING 

23 SEC. 401. REPORTS FROM CHARTERERS. 

24 Section 12120 of title 46, United States Code, is 

25 amended by striking ‘‘owners and masters’’ and inserting 

26 ‘‘owners, masters, and charterers’’. 
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1 SEC. 402. SUSPENSION OF DOCUMENTS IN LIEU OF MANDA2 TORY REVOCATION FOR PROVED DRUG CON3 VICTIONS. 

4 Section 7704(b) of title 46, United States Code, is 

5 amended by inserting ‘‘suspended or’’ after ‘‘shall be’’. 

6 SEC. 403. SUSPENSION OF RECORDS OF MERCHANT MARI7 NERS’ DOCUMENTS. 

8 Section 7319 of title 46, United States Code, is 

9 amended by striking ‘‘The records are not open to general 

10 or public inspection.’’. 

11 SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CER12 TAIN CITIZENSHIP REQUIREMENTS. 

13 (a) COMMAND.—Section 12110(d) of title 46, United 

14 States Code, is amended by inserting ‘‘or an unmanned 

15 barge’’ after ‘‘recreational endorsement’’. 

16 (b) SEIZURE AND FORFEITURE.—Section 

17 12122(b)(6) of title 46, United States Code, is amended 

18 by inserting ‘‘or an unmanned barge’’ after ‘‘recreational 

19 endorsement’’. 

20 SEC. 405. ADMINISTRATIVE, COLLECTION, AND ENFORCE21 MENT COSTS FOR CERTAIN FEES AND 

22 CHARGES. 

23 Section 2110(d) of title 46, United States Code, is 

24 amended—

25 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

26 (2) by adding at the end the following: 
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1 ‘‘(B) For purposes of subparagraph (A), 

2 costs of collecting the fee or charge include the 

3 reasonable administrative, accounting, per4 sonnel, contract, equipment, supply, training, 

5 and travel expenses of calculating, assessing, 

6 collecting, enforcing, reviewing, adjusting, and 

7 reporting on the fees and charges.’’.

8 SEC. 406. COMPLIANCE WITH INTERNATIONAL SAFETY 

9 MANAGEMENT CODE. 

10 (a) APPLICATION OF EXISTING LAW.—Section 

11 3202(a) of title 46, United States Code, is amended to 

12 read as follows: 

13 ‘‘(a) MANDATORY APPLICATION.—This chapter ap14 plies to a vessel that—

15 ‘‘(1)(A) is transporting more than 12 pas16 sengers described in section 2101(21)(A) of this 

17 title; or 

18 ‘‘(B) is of at least 500 gross tons as measured 

19 under section 14502 of this title, or an alternate 

20 tonnage measured under section 14302 of this title 

21 as prescribed by the Secretary under section 14104 

22 of this title, that is a tanker, freight vessel, bulk 

23 freight vessel, high speed freight vessel, or self-pro24 pelled mobile offshore drilling unit; and 

25 ‘‘(2)(A) is engaged on a foreign voyage; or 
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1 ‘‘(B) is a foreign vessel departing from a place 

2 under the jurisdiction of the United States on a voy3 age, any part of which is on the high seas.’’. 

4 (b) COMPLIANCE OF REGULATIONS WITH INTER5 NATIONAL SAFETY MANAGEMENT CODE.—Section 

6 3203(b) of title 46, United States Code, is amended by 

7 striking ‘‘vessels engaged on a foreign voyage.’’ and insert8 ing ‘‘vessels to which this chapter applies under section 

9 3202(a) of this title.’’. 

10 SEC. 407. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH 

11 RECREATIONAL VESSEL AND ASSOCIATED 

12 EQUIPMENT SAFETY STANDARDS. 

13 Section 4311 of title 46, United States Code, is 

14 amended—

15 (1) in subsection (b)—

16 (A) by striking the first sentence and in17 serting ‘‘A person violating section 4307(a) of 

18 this title is liable to the United States Govern19 ment for a civil penalty of not more than 

20 $5,000, except that the maximum civil penalty 

21 may be not more than $250,000 for a related 

22 series of violations.’’; and 

23 (B) in the second sentence, by striking 

24 ‘‘4307(a)(1)’’ and inserting ‘‘4307(a)’’; and 
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1 (2) in subsection (c), by striking ‘‘$1,000’’ and 

2 inserting ‘‘$5,000’’. 

3 SEC. 408. REVISION OF TEMPORARY SUSPENSION CRITERIA 

4 IN DOCUMENT SUSPENSION AND REVOCA5 TION CASES. 

6 Section 7702(d)(1) of title 46, United States Code, 

7 is amended—

8 (1) in paragraph (1) by striking ‘‘if, when act9 ing under the authority of that license, certificate, or 

10 document—’’ and inserting ‘‘if—’’; 

11 (2) in paragraph (1)(B)(i), by inserting ‘‘, while 

12 acting under the authority of that license, certificate, 

13 or document,’’ after ‘‘has’’; 

14 (3) by striking ‘‘or’’ after the semicolon at the 

15 end of paragraph (1)(B)(ii); 

16 (4) by striking the period at the end of para17 graph (1)(B)(iii) and inserting ‘‘; or’’; and 

18 (5) by adding at the end of paragraph (1)(B) 

19 the following: 

20 ‘‘(iv) is a threat to the safety or security 

21 of a vessel or a public or commercial structure 

22 located within or adjacent to the marine envi23 ronment.’’. 
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1 SEC. 409. REVISION OF BASES FOR DOCUMENT SUSPEN2 SION & REVOCATION CASES. 

3 Section 7703 of title 46, United States Code, is 

4 amended—

5 (1) in paragraph (1)(B)—

6 (A) by striking ‘‘incompetence,’’; and 

7 (B) by striking the comma after ‘‘mis8 conduct’’; 

9 (2) by striking ‘‘or’’ after the semicolon at the 

10 end of paragraph (2); 

11 (3) by striking the period at the end of para12 graph (3) and inserting a semicolon; and 

13 (4) by adding at the end the following: 

14 ‘‘(4) has committed an act of incompetence; or 

15 ‘‘(5) is a threat to the safety or security of a 

16 vessel or a structure located within or adjacent to 

17 the marine environment.’’. 

18 SEC. 410. HOURS OF SERVICE ON TOWING VESSELS. 

19 Section 8904 of title 46, United States Code, is 

20 amended by adding at the end the following:

21 ‘‘(c)(1) The Secretary may prescribe by regulation re22 quirements for maximum hours of service (including re23 porting and recordkeeping of that service) of individuals 

24 engaged on a towing vessel that is at least 26 feet in 

25 length measured from end to end over the deck (excluding 

26 sheer). 
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1 ‘‘(2) In prescribing regulations under paragraph (1), 

2 the Secretary shall consider the costs and benefits of the 

3 requirements.’’. 

4 SEC. 411. AUTOMATIC IDENTIFICATION SYSTEM ELEC5 TRONIC CHARTS. 

6 Section 70114(a) of title 46, United States Code, is 

7 amended by inserting ‘‘, including an electronic chart and 

8 related display,’’ after ‘‘automatic identification system’’. 

9 SEC. 412. PREVENTION OF DEPARTURE. 

10 (a) IN GENERAL.—Section 3505 of title 46, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 3505. Prevention of departure 

13 ‘‘Notwithstanding section 3303 of this title, a foreign 

14 vessel carrying a citizen of the United States as a pas15 senger or that embarks passengers from a United States 

16 port may not depart from a United States port if the Sec17 retary finds that the vessel does not comply with the 

18 standards stated in the International Convention for the 

19 Safety of Life at Sea to which the United States Govern20 ment is currently a party.’’. 

21 (b) CONFORMING AMENDMENT.—Section 3303 of 

22 title 46, United States Code, is amended by inserting ‘‘and 

23 section 3505’’ after ‘‘chapter 37’’. 
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1 TITLE V—FEDERAL MARITIME 

2 COMMISSION 

3 SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FED4 ERAL MARITIME COMMISSION. 

5 (a) AUTHORIZATION.—There is authorized to be ap6 propriated to the Federal Maritime Commission for 

7 $18,471,000 for Fiscal Year 2004. 

8 (b) REPORT.—The Chairman of the Federal Mari9 time Commission and the Secretary of Homeland Security 

10 shall jointly report to the Committee of Transportation 

11 and Infrastructure of the House of Representatives and 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate by not later than 6 months after the date 

14 of the enactment of this Act on the implementation of co15 ordination mechanisms to assure that maritime transpor16 tation data and information gathered by the Commission 

17 is shared with appropriate agencies within the department. 

18 TITLE VI—MISCELLANEOUS 

19 SEC. 601. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS 

20 OF CERTAIN BRIDGE STATUTES. 

21 (a) GENERAL BRIDGE ACT OF 1906.—Section 5(b) 

22 of Act of March 23, 1906 (chapter 1130; 33 U.S.C. 495), 

23 popularly known as the General Bridge Act, is amended 

24 by striking ‘‘$1,000’’ and inserting ‘‘$5,000 for a violation 

25 occurring in 2004; $10,000 for a violation occurring in 
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1 2005; $15,000 for a violation occurring in 2006; $20,000 

2 for a violation occurring in 2007; and $25,000 for a viola3 tion occurring in 2008 and any year thereafter’’. 

4 (b) DRAWBRIDGES.—Section 5(c) of the Act entitled 

5 ‘‘An Act making appropriations for the construction, re6 pair, and preservation of certain public works on rivers 

7 and harbors, and for other purposes’’, approved August 

8 18, 1894 (33 U.S.C. 499(c)), is amended by striking 

9 ‘‘$1,000’’ and inserting ‘‘$5,000 for a violation occurring 

10 in 2004; $10,000 for a violation occurring in 2005; 

11 $15,000 for a violation occurring in 2006; $20,000 for a 

12 violation occurring in 2007; and $25,000 for a violation 

13 occurring in 2008 and any year thereafter’’. 

14 (c) ALTERATION, REMOVAL, OR REPAIR OF

15 BRIDGES.—Section 18(c) of the Act entitled ‘‘An Act 

16 making appropriations for the construction, repair, and 

17 preservation of certain public works on rivers and harbors,

18 and for other purposes’’, approved March 3, 1899 (33 

19 U.S.C. 502(c)) is amended by striking ‘‘$1,000’’ and in20 serting ‘‘$5,000 for a violation occurring in 2004; $10,000 

21 for a violation occurring in 2005; $15,000 for a violation 

22 occurring in 2006; $20,000 for a violation occurring in 

23 2007; and $25,000 for a violation occurring in 2008 and 

24 any year thereafter’’. 
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1 (d) GENERAL BRIDGE ACT OF 1946.—Section 

2 510(b) of the General Bridge Act of 1946 (33 U.S.C. 

3 533(b)) is amended by striking ‘‘$1,000’’ and inserting 

4 ‘‘$5,000 for a violation occurring in 2004; $10,000 for a 

5 violation occurring in 2005; $15,000 for a violation occur6 ring in 2006; $20,000 for a violation occurring in 2007; 

7 and $25,000 for a violation occurring in 2008 and any 

8 year thereafter’’.

9 SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST 

10 GUARD CUTTER SUNDEW. 

11 (a) IN GENERAL.—Upon the scheduled decommis12 sioning of the Coast Guard Cutter SUNDEW, the Com13 mandant of the Coast Guard shall convey all right, title, 

14 and interest of the United States in and to that vessel 

15 to Duluth Entertainment and Convention Center Author16 ity (a nonprofit corporation under the laws of the State 

17 of Minnesota; in this section referred to as the ‘‘recipi18 ent’’), located in Duluth, Minnesota, without consider19 ation, if—

20 (1) the recipient agrees—

21 (A) to use the vessel for purposes of edu22 cation and historical display; 

23 (B) not to use the vessel for commercial 

24 transportation purposes; 
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1 (C) to make the vessel available to the 

2 United States Government if needed for use by 

3 the Commandant in time of war or a national 

4 emergency; and 

5 (D) to hold the Government harmless for 

6 any claims arising from exposure to hazardous 

7 materials, including asbestos and poly8 chlorinated biphenyls (PCBs), after conveyance 

9 of the vessel, except for claims arising from the 

10 use by the Government under subparagraph 

11 (C); 

12 (2) the recipient has funds available that will be 

13 committed to operate and maintain the vessel con14 veyed in good working condition, in the form of 

15 cash, liquid assets, or a written loan commitment, 

16 and in an amount of at least $700,000; and 

17 (3) the recipient agrees to any other conditions 

18 the Commandant considers appropriate. 

19 (b) MAINTENANCE AND DELIVERY OF VESSEL.—

20 Prior to conveyance of the vessel under this section, the 

21 Commandant shall, to the extent practical, and subject to 

22 other Coast Guard mission requirements, make every ef23 fort to maintain the integrity of the vessel and its equip24 ment until the time of delivery. If a conveyance is made 

25 under this section, the Commandant shall deliver the ves-
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1 sel at the place where the vessel is located, in its present 

2 condition, and without cost to the Government. The con3 veyance of the vessel under this section shall not be consid4 ered a distribution in commerce for purposes of section 

5 6(e) of Public Law 94–469 (15 U.S.C. 2605(e)). 

6 (c) OTHER EXCESS EQUIPMENT.—The Commandant 

7 may convey to the recipient any excess equipment or parts 

8 from other decommissioned Coast Guard vessels for use 

9 to enhance the vessel’s operability and function as an his10 torical display. 

11 SEC. 603. TONNAGE MEASUREMENT OF M/V BLUEFIN. 

12 (a) IN GENERAL.—The gross tonnage of the M/V 

13 BLUEFIN (United States official number 620431) as 

14 measured under regulations prescribed under section 

15 14502 of title 46, United States Code, is deemed to be 

16 488 tons. 

17 (b) TERMINATION OF APPLICATION.—This section 

18 shall not apply on and after any date on which the Sec19 retary of the Department in which the Coast Guard is op20 erating determines that the vessel M/V BLUEFIN has un21 dergone any major modification.

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