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 Com-
mittee 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
(a) OPERATIONS AND CAPITAL ACQUISITIONS.—
(1) IN GENERAL.—Funds are authorized to be 
appropriated for fiscal year 2004 for necessary ex-
penses of the Coast Guard as follows: 
(A) OPERATING EXPENSES.—For the oper-
ating 
expenses 
of 
the 
Coast 
Guard, 
$4,946,000,000, of which—
(i) $4,929,000,000 is for operation 
and maintenance of the Coast Guard; and 
(ii) $17,000,000 is for environmental 
compliance and restoration at Coast Guard 
facilities (other than parts and equipment 
associated with operations and mainte-
nance). 
(B) CAPITAL ACQUISITIONS.—For the cap-
ital 
acquisitions 
of 
the 
Coast 
Guard, 
$1,097,000,000, of which—
(i) $355,000,000 is for acquisition, 
construction, rebuilding, and improvement 
of aids to navigation, shore and offshore 
facilities, vessels, and aircraft, including 
equipment related thereto;
(ii) $702,000,000 is for acquisition 
and construction of shore and offshore fa-
cilities, vessels, and aircraft, including 
equipment related thereto, and other ac-
tivities that constitute the Integrated 
Deepwater Systems program; 
(iii) $22,000,000 is for research, de-
velopment, test, and evaluation of tech-
nologies, materials, and human factors di-
rectly relating to improving the perform-
ance of the Coast Guard’s mission in sup-
port of search and rescue, aids to naviga-
tion, marine safety, marine environmental 
protection, enforcement of laws and trea-
ties, ice operations, oceanographic re-
search, and defense readiness; and 
(iv) $18,000,000 is for the alteration 
or removal of bridges over navigable waters 
of the United States constituting obstruc-
tions to navigation, and for personnel and 
administrative costs associated with the 
Bridge Alteration Program. 
(2) SOURCE OF FUNDS.—
(A) 
OPERATING
EXPENSES.—Of 
the 
amount 
authorized 
in 
paragraph 
(1)(A),
$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. 
(B) 
CAPITAL
ACQUISITIONS.—Of 
the 
amounts authorized by paragraph (1)(B), 
(i) $20,000,000 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; and 
(ii) $3,500,000 is authorized to be de-
rived each fiscal year from the Oil Spill Li-
ability Trust Fund to carry out the pur-
poses of section 1012(a)(5) of the Oil Pol-
lution Act of 1990. 
(b) RETIRED PAY.—There is authorized to be appro-
priated for Coast Guard retired pay (including the pay-
ment of obligations otherwise chargeable to lapsed appro-
priations for this purpose), payments with respect to the 
Coast Guard under the Retired Serviceman’s Family Pro-
tection and Survivor Benefit Plans, and payments for 
medical care of retired Coast Guard personnel and their 
dependents under chapter 55 of title 10, United States 
Code, $1,020,000,000.
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 amend-
ed— 
(1) by redesignating paragraphs (a) through (x) 
in order as paragraphs (1) through (24);
(2) in paragraph (19) (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 analysis at the be-
ginning 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 analysis at the be-
ginning 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. ENHANCEMENT OF COAST GUARD AUTHORITY TO 
STOP VESSELS LIABLE TO SEIZURE OR EXAM-
INATION. 
(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 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. 
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) in subsection (f), as so redesignated, by 
striking ‘‘Merchant Marine and Fisheries’’ and in-
serting ‘‘Transportation and Infrastructure’’; 
(3) 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, and the costs shall be credited to the account from 
which expended.’’; and 
(4) 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 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) The term ‘eligible entity’ means any pri-
vate person, corporation, firm, partnership, or com-
pany and any State or local government or housing 
authority of a State or local government.’’. 
(b) DIRECT LOANS FOR PROVIDING HOUSING.—Sec-
tion 682 of title 14, United States Code, is amended—
(1) in the section heading by striking ‘‘LOAN 
GUARANTEES’’ and inserting ‘‘DIRECT LOANS AND 
LOAN GUARANTEES’’; 
(2) by redesignating subsections (a) and (b) as 
(b) and (c) respectively; 
(3) by inserting before subsection (b) (as so re-
designated) 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 ac-
quisition or construction of housing units that the Sec-
retary 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 sub-
section 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 obliga-
tions of the obligors on such loans upon default.’’; 
(4) in subsection (b) (as so redesignated) by 
striking ‘‘subsection (b),’’ and inserting ‘‘subsection 
(c),’’; and 
(5) in subsection (c) (as so redesignated)—
(A) in the heading by striking ‘‘GUAR-
ANTEE’’; and 
(B) by striking ‘‘Loan guarantees’’ and in-
serting ‘‘Direct loans and loan guarantees’’. 
(c) CLERICAL 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:
‘‘682. Direct loans and loan guarantees.’’.
SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT. 
Section 727 of title 14, United States Code, is 
amended in the second sentence by striking ‘‘three years’’ 
and inserting ‘‘one year’’.
SEC. 209. MAXIMUM AGE FOR RETENTION IN AN ACTIVE 
STATUS. 
Section 742 of title 14, United States Code, is 
amended—
(1) in subsection (a), by striking ‘‘sixty-two’’ 
and inserting ‘‘60’’; and 
(2) in subsection (c), by striking ‘‘sixty-two’’ 
and inserting ‘‘60’’. 
SEC. 210. TRAVEL CARD MANAGEMENT. 
Chapter 13 of title 14, United States Code, is amend-
ed by adding at the end the following: 
‘‘§ 517. Travel card management 
‘‘(a) The Secretary may require that travel or trans-
portation allowances due a civilian employee or military 
member of the Coast Guard be disbursed directly to the 
issuer of a Federal contractor-issued travel charge card, 
but only in an amount not to exceed the authorized travel 
expenses charged by that Coast Guard member to that 
travel charge card issued to that employee or member. 
‘‘(b) The Secretary may also establish requirements 
similar to those established by the Secretary of Defense 
pursuant to section 2784a of title 10 for deduction or 
withholding of pay or retired pay from a Coast Guard em-
ployee, member, or retired member who is delinquent in 
payment under the terms of the contract under which the
card was issued and does not dispute the amount of the 
delinquency.’’. 
SEC. 211. COAST GUARD FELLOWSHIP PROGRAM. 
(a) ESTABLISHMENT.—Title 14, United States Code, 
is amended by adding at the end of chapter 11 the fol-
lowing: 
‘‘§ 337. Coast Guard Congressional Fellowship Pro-
gram 
‘‘(a) There is established in the Coast Guard a Coast 
Guard Congressional Fellowship Program to broaden 
Coast Guard officers’ knowledge of the Congress. 
‘‘(b) The Commandant may appoint 4 mid-grade offi-
cers as fellows under the program, subject to the following 
limitations: 
‘‘(1) The maximum length of a fellowship is one 
year. 
‘‘(2) A fellow may be assigned to an office of 
the House of Representatives or the Senate, includ-
ing a committee, during the period of the fellowship, 
or may rotate between such offices. 
‘‘(3) To protect against abuses of separation of 
powers principles and conflicts of interest, a fellow 
may not engage in duties that will result in any di-
rect or indirect benefit to the Coast Guard, other 
than broadening the fellow’s knowledge.
‘‘(c) An individual violating this section is subject to 
appropriate discipline by the Commandant.’’. 
(b) 
LIMITATION
ON
APPLICATION.—Section 
337(b)(1) of title 14, United States Code, as amended by 
this section, does not apply to an individual serving on 
June 10, 2003, as a Coast Guard congressional fellow. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 11 of title 14, United States Code, is amended 
by inserting after the item relating to section 336 the fol-
lowing:
‘‘337. Coast Guard Congressional Fellowship Program.’’.
TITLE III—NAVIGATION 
SEC. 301. MARKING OF UNDERWATER WRECKS. 
Section 15 of the Act of March 3, 1899 (33 U.S.C. 
409), is amended—
(1) by striking ‘‘day and’’ and inserting ‘‘day 
and, unless otherwise authorized by the Com-
mandant of Coast Guard,’’; and 
(2) by striking ‘‘lighted lantern’’ and inserting 
‘‘light’’. 
SEC. 302. USE OF ELECTRONIC DEVICES; COOPERATIVE 
AGREEMENTS. 
Section 4(a) of the Ports and Waterways Safety Act 
(33 U.S.C. 1223(a)) is amended by—
(1)(A) striking ‘‘and’’ after the semicolon at the 
end of paragraph (4);
(B) striking the period at the end of paragraph 
(5) and inserting ‘‘; and’’; and 
(C) adding at the end the following: 
‘‘(6) may prohibit the use on the bridge of a 
vessel of electronic or other devices that interfere 
with communications and navigation equipment.’’; 
and 
(2) adding at the end the following: 
‘‘(e) COOPERATIVE AGREEMENTS.—(1) The Sec-
retary may enter into cooperative agreements with public 
or private agencies, authorities, associations, institutions, 
corporations, organizations, or other persons to carry out 
the functions under subsection (a)(1). 
‘‘(2) A nongovernmental entity may not under this 
subsection carry out an inherently governmental function. 
‘‘(3) As used in this paragraph, the term ‘inherently 
governmental function’ means any activity that is so inti-
mately related to the public interest as to mandate per-
formance by an officer or employee of the Federal Govern-
ment, including an activity that requires either the exer-
cise of discretion in applying the authority of the Govern-
ment or the use of judgment in making a decision for the 
Government.’’.
SEC. 303. INLAND NAVIGATION RULES PROMULGATION AU-
THORITY. 
(a) REPEAL OF INLAND RULES.—Section 2 of the 
Inland Navigation Rules Act of 1980 (33 U.S.C. 2001–
38) is repealed. 
(b) AUTHORITY TO ISSUE REGULATIONS.—Section 3 
of the Inland Navigation Rules Act of 1980 (33 U.S.C. 
2001) is amended to read as follows: 
‘‘SEC. 3. INLAND NAVIGATION RULES. 
‘‘The Secretary of the Department in which the Coast 
Guard is operating may issue inland navigation regula-
tions applicable to all vessels upon the inland waters of 
the United States and technical annexes that are as con-
sistent as possible with the respective annexes to the Inter-
national Regulations.’’. 
(c) EFFECTIVE DATE.—Subsection (a) is effective on 
the effective date of final regulations prescribed by the 
Secretary of the Department in which the Coast Guard 
is operating under section 3 of the Inland Navigation 
Rules Act of 1980 (33 U.S.C. 2001), as amended by this 
Act.
TITLE IV—SHIPPING 
SEC. 401. 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. 402. SUSPENSION OF DOCUMENTS IN LIEU OF MANDA-
TORY REVOCATION FOR PROVED DRUG CON-
VICTIONS. 
Section 7704(b) of title 46, United States Code, is 
amended by inserting ‘‘suspended or’’ after ‘‘shall be’’. 
SEC. 403. SUSPENSION OF RECORDS OF MERCHANT MARI-
NERS’ DOCUMENTS. 
Section 7319 of title 46, United States Code, is 
amended by striking ‘‘The records are not open to general 
or public inspection.’’. 
SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CER-
TAIN CITIZENSHIP REQUIREMENTS. 
(a) COMMAND.—Section 12110(d) of title 46, United 
States Code, is amended by inserting ‘‘or an unmanned 
barge’’ after ‘‘recreational endorsement’’. 
(b) 
SEIZURE
AND
FORFEITURE.—Section 
12122(b)(6) of title 46, United States Code, is amended 
by inserting ‘‘or an unmanned barge’’ after ‘‘recreational 
endorsement’’. 
SEC. 405. ADMINISTRATIVE, COLLECTION, AND ENFORCE-
MENT 
COSTS 
FOR 
CERTAIN 
FEES 
AND 
CHARGES. 
Section 2110(d) of title 46, United States Code, is 
amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(2) by adding at the end the following:
‘‘(B) For purposes of subparagraph (A), 
costs of collecting the fee or charge include the 
reasonable 
administrative, 
accounting, 
per-
sonnel, contract, equipment, supply, training, 
and travel expenses of calculating, assessing, 
collecting, enforcing, reviewing, adjusting, and 
reporting on the fees and charges.’’.
SEC. 406. COMPLIANCE WITH INTERNATIONAL SAFETY 
MANAGEMENT CODE. 
(a) APPLICATION
OF
EXISTING
LAW.—Section 
3202(a) of title 46, United States Code, is amended to 
read as follows: 
‘‘(a) MANDATORY APPLICATION.—This chapter ap-
plies to a vessel that—
‘‘(1)(A) is transporting more than 12 pas-
sengers described in section 2101(21)(A) of this 
title; or 
‘‘(B) is of at least 500 gross tons as measured 
under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title 
as prescribed by the Secretary under section 14104 
of this title, that is a tanker, freight vessel, bulk 
freight vessel, high speed freight vessel, or self-pro-
pelled mobile offshore drilling unit; and 
‘‘(2)(A) is engaged on a foreign voyage; or
‘‘(B) is a foreign vessel departing from a place 
under the jurisdiction of the United States on a voy-
age, any part of which is on the high seas.’’. 
(b) COMPLIANCE OF REGULATIONS WITH INTER-
NATIONAL
SAFETY
MANAGEMENT
CODE.—Section 
3203(b) of title 46, United States Code, is amended by 
striking ‘‘vessels engaged on a foreign voyage.’’ and insert-
ing ‘‘vessels to which this chapter applies under section 
3202(a) of this title.’’. 
SEC. 407. 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) in subsection (b)—
(A) by striking the first sentence and in-
serting ‘‘A person violating section 4307(a) of 
this title is liable to the United States Govern-
ment 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.’’; and 
(B) in the second sentence, by striking 
‘‘4307(a)(1)’’ and inserting ‘‘4307(a)’’; and
(2) in subsection (c), by striking ‘‘$1,000’’ and 
inserting ‘‘$5,000’’. 
SEC. 408. REVISION OF TEMPORARY SUSPENSION CRITERIA 
IN DOCUMENT SUSPENSION AND REVOCA-
TION CASES. 
Section 7702(d)(1) of title 46, United States Code, 
is amended—
(1) in paragraph (1) by striking ‘‘if, when act-
ing under the authority of that license, certificate, or 
document—’’ and inserting ‘‘if—’’; 
(2) in paragraph (1)(B)(i), by inserting ‘‘, while 
acting under the authority of that license, certificate, 
or document,’’ after ‘‘has’’; 
(3) by striking ‘‘or’’ after the semicolon at the 
end of paragraph (1)(B)(ii); 
(4) by striking the period at the end of para-
graph (1)(B)(iii) and inserting ‘‘; or’’; and 
(5) by adding at the end of paragraph (1)(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 envi-
ronment.’’.
SEC. 409. REVISION OF BASES FOR DOCUMENT SUSPEN-
SION & REVOCATION CASES. 
Section 7703 of title 46, United States Code, is 
amended—
(1) in paragraph (1)(B)—
(A) by striking ‘‘incompetence,’’; and 
(B) by striking the comma after ‘‘mis-
conduct’’; 
(2) by striking ‘‘or’’ after the semicolon at the 
end of paragraph (2); 
(3) by striking the period at the end of para-
graph (3) and inserting a semicolon; 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 structure located within or adjacent to 
the marine environment.’’. 
SEC. 410. HOURS OF SERVICE ON TOWING VESSELS. 
Section 8904 of title 46, United States Code, is 
amended by adding at the end the following:
‘‘(c)(1) The Secretary may prescribe by regulation re-
quirements for maximum hours of service (including re-
porting and recordkeeping of that service) of individuals 
engaged on a towing vessel that is at least 26 feet in 
length measured from end to end over the deck (excluding 
sheer).
‘‘(2) In prescribing regulations under paragraph (1), 
the Secretary shall consider the costs and benefits of the 
requirements.’’. 
SEC. 411. AUTOMATIC IDENTIFICATION SYSTEM ELEC-
TRONIC CHARTS. 
Section 70114(a) of title 46, United States Code, is 
amended by inserting ‘‘, including an electronic chart and 
related display,’’ after ‘‘automatic identification system’’. 
SEC. 412. PREVENTION OF DEPARTURE. 
(a) IN GENERAL.—Section 3505 of title 46, United 
States Code, is amended to read as follows: 
‘‘§ 3505. Prevention of departure 
‘‘Notwithstanding section 3303 of this title, a foreign 
vessel carrying a citizen of the United States as a pas-
senger or that embarks passengers from a United States 
port may not depart from a United States port if the Sec-
retary finds that the vessel does not comply with the 
standards stated in the International Convention for the 
Safety of Life at Sea to which the United States Govern-
ment is currently a party.’’. 
(b) CONFORMING AMENDMENT.—Section 3303 of 
title 46, United States Code, is amended by inserting ‘‘and 
section 3505’’ after ‘‘chapter 37’’.
TITLE V—FEDERAL MARITIME 
COMMISSION 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FED-
ERAL MARITIME COMMISSION. 
(a) AUTHORIZATION.—There is authorized to be ap-
propriated to the Federal Maritime Commission for 
$18,471,000 for Fiscal Year 2004. 
(b) REPORT.—The Chairman of the Federal Mari-
time Commission and the Secretary of Homeland Security 
shall jointly report to the Committee of Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate by not later than 6 months after the date 
of the enactment of this Act on the implementation of co-
ordination mechanisms to assure that maritime transpor-
tation data and information gathered by the Commission 
is shared with appropriate agencies within the department. 
TITLE VI—MISCELLANEOUS 
SEC. 601. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS 
OF CERTAIN BRIDGE STATUTES. 
(a) GENERAL BRIDGE ACT OF 1906.—Section 5(b) 
of Act of March 23, 1906 (chapter 1130; 33 U.S.C. 495), 
popularly known as the General Bridge Act, is amended 
by striking ‘‘$1,000’’ and inserting ‘‘$5,000 for a violation 
occurring in 2004; $10,000 for a violation occurring in
2005; $15,000 for a violation occurring in 2006; $20,000 
for a violation occurring in 2007; and $25,000 for a viola-
tion occurring in 2008 and any year thereafter’’. 
(b) DRAWBRIDGES.—Section 5(c) of the Act entitled 
‘‘An Act making appropriations for the construction, re-
pair, and preservation of certain public works on rivers 
and harbors, and for other purposes’’, approved August 
18, 1894 (33 U.S.C. 499(c)), is amended by striking 
‘‘$1,000’’ and inserting ‘‘$5,000 for a violation occurring 
in 2004; $10,000 for a violation occurring in 2005; 
$15,000 for a violation occurring in 2006; $20,000 for a 
violation occurring in 2007; and $25,000 for a violation 
occurring in 2008 and any year thereafter’’. 
(c) 
ALTERATION, 
REMOVAL, 
OR
REPAIR
OF 
BRIDGES.—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’’, approved March 3, 1899 (33 
U.S.C. 502(c)) is amended by striking ‘‘$1,000’’ and in-
serting ‘‘$5,000 for a violation occurring in 2004; $10,000 
for a violation occurring in 2005; $15,000 for a violation 
occurring in 2006; $20,000 for a violation occurring in 
2007; and $25,000 for a violation occurring in 2008 and 
any year thereafter’’.
(d) GENERAL
BRIDGE
ACT
OF
1946.—Section 
510(b) of the General Bridge Act of 1946 (33 U.S.C. 
533(b)) is amended by striking ‘‘$1,000’’ and inserting 
‘‘$5,000 for a violation occurring in 2004; $10,000 for a 
violation occurring in 2005; $15,000 for a violation occur-
ring in 2006; $20,000 for a violation occurring in 2007; 
and $25,000 for a violation occurring in 2008 and any 
year thereafter’’.
SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST 
GUARD CUTTER SUNDEW. 
(a) IN GENERAL.—Upon the scheduled decommis-
sioning of the Coast Guard Cutter SUNDEW, the Com-
mandant of the Coast Guard shall convey all right, title, 
and interest of the United States in and to that vessel 
to Duluth Entertainment and Convention Center Author-
ity (a nonprofit corporation under the laws of the State 
of Minnesota; in this section referred to as the ‘‘recipi-
ent’’), located in Duluth, Minnesota, without consider-
ation, if—
(1) the recipient agrees—
(A) to use the vessel for purposes of edu-
cation and historical display; 
(B) not to use the vessel for commercial 
transportation purposes;
(C) to make the vessel available to the 
United States Government if needed for use by 
the Commandant in time of war or a national 
emergency; and 
(D) to hold the Government harmless for 
any claims arising from exposure to hazardous 
materials, 
including 
asbestos 
and 
poly-
chlorinated biphenyls (PCBs), after conveyance 
of the vessel, except for claims arising from the 
use by the Government under subparagraph 
(C); 
(2) the recipient has funds available that will be 
committed to operate and maintain the vessel con-
veyed in good working condition, in the form of 
cash, liquid assets, or a written loan commitment, 
and in an amount of at least $700,000; and 
(3) the recipient agrees to any other conditions 
the Commandant considers appropriate. 
(b) MAINTENANCE AND DELIVERY OF VESSEL.—
Prior to conveyance of the vessel under this section, the 
Commandant shall, to the extent practical, and subject to 
other Coast Guard mission requirements, make every ef-
fort to maintain the integrity of the vessel and its equip-
ment until the time of delivery. If a conveyance is made 
under this section, the Commandant shall deliver the ves-
sel at the place where the vessel is located, in its present 
condition, and without cost to the Government. The con-
veyance of the vessel under this section shall not be consid-
ered a distribution in commerce for purposes of section 
6(e) of Public Law 94–469 (15 U.S.C. 2605(e)). 
(c) OTHER EXCESS EQUIPMENT.—The Commandant 
may convey to the recipient any excess equipment or parts 
from other decommissioned Coast Guard vessels for use 
to enhance the vessel’s operability and function as an his-
torical display. 
SEC. 603. TONNAGE MEASUREMENT OF M/V BLUEFIN. 
(a) IN GENERAL.—The gross tonnage of the M/V 
BLUEFIN (United States official number 620431) as 
measured under regulations prescribed under section 
14502 of title 46, United States Code, is deemed to be 
488 tons. 
(b) TERMINATION OF APPLICATION.—This section 
shall not apply on and after any date on which the Sec-
retary of the Department in which the Coast Guard is op-
erating determines that the vessel M/V BLUEFIN has un-
dergone any major modification.
Æ