[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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