[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Introduced in House (IH)]
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.
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 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. 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.
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 expenses of the Coast Guard
as follows:
(A) Operating expenses.--For the operating 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 maintenance).
(B) Capital acquisitions.--For the capital
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 facilities,
vessels, and aircraft, including equipment
related thereto, and other activities that
constitute the Integrated Deepwater Systems
program;
(iii) $22,000,000 is 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; and
(iv) $18,000,000 is for the 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.
(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 derived
each fiscal year 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) Retired Pay.--There is authorized to be appropriated for Coast
Guard retired pay (including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose), payments with
respect to the Coast Guard under the Retired Serviceman's Family
Protection 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 personnel of 45,500 as of September 30,
2004.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student 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 civilian
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 (24);
(2) in paragraph (19) (as so redesignated) by striking the
comma at the end and inserting a semicolon;
(3) by inserting ``(a)'' before ``For the purpose''; 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 Academy 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 following:
``Sec. 152. Nonappropriated fund instrumentalities: contracts with
other agencies and instrumentalities 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 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:
``Sec. 374. Critical skill training bonus
``(a) The Secretary may provide a bonus, not to exceed $20,000, to
an enlisted member who completes training in a skill designated as
critical, if 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 the member's 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 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 repaid is determined.''.
(b) Clerical Amendment.--The analysis 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. ENHANCEMENT OF COAST GUARD AUTHORITY TO STOP VESSELS LIABLE
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 paragraph (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 determines that the firing of a warning signal would
unreasonably 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 repealed.
SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS FOR CERTAIN
FEES AND CHARGES.
Section 664 of title 14, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (f);
(2) in subsection (f), as so redesignated, by striking
``Merchant Marine and Fisheries'' and inserting
``Transportation and Infrastructure'';
(3) by inserting after subsection (b) the following:
``(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 established 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 enterprise 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 expense, 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, accounting, personnel,
contract, equipment, supply, training, and travel expenses of
calculating, assessing, collecting, enforcing, reviewing, adjusting,
and reporting on a fee or charge.''.
SEC. 207. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.
(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 following:
``(3) The term `eligible entity' means any private person,
corporation, firm, partnership, or company and any State or
local government or housing authority of a State or local
government.''.
(b) Direct Loans for Providing Housing.--Section 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 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) 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 ``Guarantee''; and
(B) by striking ``Loan guarantees'' and inserting
``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 amended by adding at
the end the following:
``Sec. 517. Travel card management
``(a) The Secretary may require that travel or transportation
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 employee, 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 following:
``Sec. 337. Coast Guard Congressional Fellowship Program
``(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 officers 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, including 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 direct 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 following:
``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 Commandant 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 Secretary 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 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.''.
SEC. 303. INLAND NAVIGATION RULES PROMULGATION AUTHORITY.
(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 regulations applicable to all
vessels upon the inland waters of the United States and technical
annexes that are as consistent as possible with the respective annexes
to the International 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 MANDATORY REVOCATION FOR
PROVED DRUG CONVICTIONS.
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 MARINERS' 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 CERTAIN 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 ENFORCEMENT 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, personnel, 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 applies to a vessel
that--
``(1)(A) is transporting more than 12 passengers 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-propelled 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 voyage, any part of
which is on the high seas.''.
(b) Compliance of Regulations With International Safety Management
Code.--Section 3203(b) of title 46, United States Code, is amended by
striking ``vessels engaged on a foreign voyage.'' and inserting
``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 inserting
``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.''; 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 REVOCATION CASES.
Section 7702(d)(1) of title 46, United States Code, is amended--
(1) in paragraph (1) by striking ``if, when acting 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 paragraph
(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 environment.''.
SEC. 409. REVISION OF BASES FOR DOCUMENT SUSPENSION & 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 ``misconduct'';
(2) by striking ``or'' after the semicolon at the end of
paragraph (2);
(3) by striking the period at the end of paragraph (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 requirements for
maximum hours of service (including reporting 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 ELECTRONIC 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:
``Sec. 3505. Prevention of departure
``Notwithstanding section 3303 of this title, a foreign vessel
carrying a citizen of the United States as a passenger or that embarks
passengers from a United States port may not depart from a United
States port if the Secretary 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 Government 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 FEDERAL MARITIME
COMMISSION.
(a) Authorization.--There is authorized to be appropriated to the
Federal Maritime Commission for $18,471,000 for Fiscal Year 2004.
(b) Report.--The Chairman of the Federal Maritime 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 coordination
mechanisms to assure that maritime transportation 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 violation occurring in
2008 and any year thereafter''.
(b) Drawbridges.--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(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 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''.
(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 occurring 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 decommissioning of the Coast
Guard Cutter SUNDEW, the Commandant 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 Authority (a nonprofit
corporation under the laws of the State of Minnesota; in this section
referred to as the ``recipient''), located in Duluth, Minnesota,
without consideration, if--
(1) the recipient agrees--
(A) to use the vessel for purposes of education 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 polychlorinated 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 conveyed 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 effort to maintain the integrity of the vessel and its equipment
until the time of delivery. If a conveyance is made under this section,
the Commandant shall deliver the vessel at the place where the vessel
is located, in its present condition, and without cost to the
Government. The conveyance of the vessel under this section shall not
be considered 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 historical 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 Secretary of the Department in which
the Coast Guard is operating determines that the vessel M/V BLUEFIN has
undergone any major modification.
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