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. Indemnification 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 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.
Sec. 216. ROTC demonstration project.
Sec. 217. Shock mitigation requirements.
Sec. 218. Coast Guard yard.
Sec. 219. Recommendations to Congress by Commandant of the Coast Guard.
Sec. 220. Assignment of officer to National War College.
Sec. 221. Coast Guard education loan repayment 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. Inspection of records of merchant mariners’ documents.
Sec. 404. Exemption of unmanned barges from citizenship requirements re-
garding command of vessel.
Sec. 405. Compliance with International Safety Management Code.
Sec. 406. Civil penalties for failure to comply with recreational vessel and asso-
ciated equipment safety standards.
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. Automatic identification system electronic charts.
Sec. 411. Prevention of departure.
Sec. 412. Service of foreign nationals for maritime educational purposes.
Sec. 413. Classification societies.
Sec. 414. Membership of area maritime security advisory committees.
Sec. 415. Security plans.
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 cutters.
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. Regulations.
Sec. 610. Report regarding security inspection of vessels and vessel-borne cargo
containers entering the United States.
Sec. 611. Conveyance of decommissioned Coast Guard vessels.
Sec. 612. Assateague lighthouse lens.
Sec. 613. Study of the role of Coast Guard ice breakers in supporting United
States operations in the Antarctic and the Arctic.
Sec. 614. Correction of references to national driver register.
Sec. 615. Wateree River.
Sec. 616. Alaska Merchant Mariners’ documents pilot program.
Sec. 617. Conveyance of Sentinel Island Light Station, Alaska.
Sec. 618. Maritime intelligence and long-range vessel tracking system.
Sec. 619. Columbia slough.
Sec. 620. Sense of Congress regarding carbon monoxide and watercraft.
Sec. 621. Sense of Congress regarding naming new vessels under the deepwater
program for cities of the United States.
Sec. 622. Port security grant authority.
Sec. 623. Security assessment of Indian Point Energy Center.
Sec. 624. Mitigation of penalty due to avoidance of a certain hazardous condi-
tion.
Sec. 625. Designation of Empress of the North as a tour vessel.
Sec. 626. Sense of Congress regarding timely review and adjustment of Great
Lakes pilotage rates.
Sec. 627. Priority for public transportation systems in making grants for imple-
mentation of security plans.
Sec. 628. Limitation on bridge alteration projects.
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.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal
year 2004 for necessary expenses of the Coast Guard as
follows:
(1) For the operation and maintenance of the
Coast Guard, $4,865,000,000, of which $25,000,000
is authorized to be derived from the Oil Spill Liabil-
ity Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $1,147,000,000, of
which—
(A) $23,500,000 is authorized to be de-
rived 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
(B) $702,000,000 is authorized for acqui-
sition and construction of shore and offshore fa-
cilities, vessels, and aircraft, including equip-
ment related thereto, and other activities that
constitute the Integrated Deepwater System
program.
(3) For research, development, test, and evalua-
tion 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 op-
erations, oceanographic research, and defense readi-
ness, $22,000,000, to remain available until ex-
pended, of which $3,500,000 is authorized to be de-
rived 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 payment of obli-
gations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Ben-
efit 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.
(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 Al-
teration Program, $19,250,000, to remain available
until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operation and mainte-
nance), $17,000,000, to remain available until ex-
pended.
(7) For maintenance and operation of facilities,
supplies, equipment, and services necessary for the
Coast Guard Reserve, as authorized by law,
$114,000,000.
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 per-
sonnel of 45,500 as of September 30, 2004.
(b) MILITARY TRAINING STUDENT LOADS.—The
Coast Guard is authorized average military training stu-
dent 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 ci-
vilian 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 semi-
colon;
(3) by inserting ‘‘(a)’’ before ‘‘For the pur-
pose’’; 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 Acad-
emy 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 fol-
lowing:
‘‘§ 152. Nonappropriated fund instrumentalities: con-
tracts with other agencies and instru-
mentalities 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:
‘‘§ 374. Critical skill training bonus
‘‘(a) The Secretary may provide a bonus, not to ex-
ceed $20,000, to an enlisted member who completes train-
ing in a skill designated as critical, if at least four years
of obligated active service remain on the member’s enlist-
ment at the time the training is completed. A bonus under
this section may be paid in a single lump sum or in peri-
odic installments.
‘‘(b) If an enlisted member voluntarily or because of
misconduct does not complete the member’s term of obli-
gated active service, the Secretary may require the mem-
ber 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 re-
paid 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. INDEMNIFICATION FOR DISABLING VESSELS LIA-
BLE 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 para-
graph (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 deter-
mines that the firing of a warning signal would unreason-
ably 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—
(A) inserting ‘‘or military aircraft’’ after
‘‘surface naval vessel’’; and
(B) 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 re-
pealed.
(d) TECHNICAL CORRECTION.—
(1) CORRECTION.—Section 637 of title 14,
United States Code, is amended in the section head-
ing by striking ‘‘immunity’’ and inserting ‘‘indem-
nification’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 17 of title 14,
United States Code, is amended by striking the item
relating to section 637 and inserting the following:
‘‘637. Stopping vessels; indemnification for firing at or into vessel.’’.
SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCE-
MENT 
COSTS 
FOR 
CERTAIN 
FEES 
AND
CHARGES.
Section 664 of title 14, United States Code, is
amended—
(1) by redesignating subsection (c) as sub-
section (f);
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(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 estab-
lished 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 enter-
prise 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 ex-
pense, subject to the availability of appropriations, and the
costs shall be credited to the account from which ex-
pended.’’; 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, account-
ing, personnel, contract, equipment, supply, training, and
travel expenses of calculating, assessing, collecting, enforc-
ing, reviewing, adjusting, and reporting on a fee or
charge.’’.
SEC. 207. EXPANSION OF COAST GUARD HOUSING AU-
THORITIES.
(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