19–006 

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–777

MARITIME TRANSPORTATION SECURITY ACT OF 2002

NOVEMBER 13, 2002.—Ordered to be printed 

Mr. YOUNG of Alaska, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany S. 1214] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the House to the bill (S. 1214), 

to amend the Merchant Marine Act, 1936, to establish a program 

to ensure greater security for United States seaports, and for other 

purposes, having met, after full and free conference, have agreed 

to recommend and do recommend to their respective Houses as follows: 

That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the House 

amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Maritime 

Transportation Security Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is 

as follows:

Sec. 1. Short title; table of contents. 

TITLE I—MARITIME TRANSPORTATION SECURITY 

Sec. 101. Findings. 

Sec. 102. Port security. 

Sec. 103. International seafarer identification. 

Sec. 104. Extension of seaward jurisdiction. 

Sec. 105. Suspension of limitation on strength of Coast Guard. 

Sec. 106. Extension of Deepwater Port Act to natural gas. 

Sec. 107. Assignment of Coast Guard personnel as sea marshals and enhanced use 

of other security personnel. 

Sec. 108. Technical amendments concerning the transmittal of certain information 

to the customs service. 

Sec. 109. Maritime security professional training. 

Sec. 110. Additional reports. 

Sec. 111. Performance standards. 

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Sec. 112. Report on foreign-flag vessels. 

Sec. 113. Revision of Port Security Planning Guide. 

TITLE II—MARITIME POLICY IMPROVEMENT 

Sec. 201. Short title. 

Sec. 202. Vessel COASTAL VENTURE. 

Sec. 203. Expansion of American Merchant Marine Memorial Wall of Honor. 

Sec. 204. Discharge of agricultural cargo residue. 

Sec. 205. Recording and discharging notices of claim of maritime lien. 

Sec. 206. Tonnage of R/V DAVIDSON. 

Sec. 207. Miscellaneous certificates of documentation. 

Sec. 208. Exemption for Victory Ships. 

Sec. 209. Certificate of documentation for 3 barges. 

Sec. 210. Certificate of documentation for the EAGLE. 

Sec. 211. Waiver for vessels in New World Challenge Race. 

Sec. 212. Vessel ASPHALT COMMANDER. 

Sec. 213. Coastwise trade authorization. 

Sec. 214. Jones Act waiver for delayed vessel delivery. 

Sec. 215. Realignment of policy responsibility in the Department of Transportation. 

TITLE III—COAST GUARD PERSONNEL AND MARITIME SAFETY 

Sec. 301. Short title. 

Subtitle A—Personnel Management 

Sec. 311. Coast Guard band director rank.

Sec. 312. Compensatory absence for isolated duty. 

Sec. 313. Accelerated promotion of certain Coast Guard officers. 

Subtitle B—Marine Safety 

Sec. 321. Extension of Territorial Sea for Vessel Bridge-to-Bridge Radiotelephone 

Act. 

Sec. 322. Modification of various reporting requirements. 

Sec. 323. Oil spill liability trust fund; emergency fund advancement authority. 

Sec. 324. Merchant mariner documentation requirements. 

Sec. 325. Penalties for negligent operations and interfering with safe operation. 

Subtitle C—Renewal of Advisory Groups 

Sec. 331. Commercial Fishing Industry Vessel Advisory Committee. 

Sec. 332. Houston-Galveston Navigation Safety Advisory Committee. 

Sec. 333. Lower Mississippi River Waterway Advisory Committee. 

Sec. 334. Navigation Safety Advisory Council. 

Sec. 335. National Boating Safety Advisory Council. 

Sec. 336. Towing Safety Advisory Committee. 

Subtitle D—Miscellaneous 

Sec. 341. Patrol craft. 

Sec. 342. Boating safety. 

Sec. 343. Caribbean support tender. 

Sec. 344. Prohibition of new maritime user fees. 

Sec. 345. Great Lakes lighthouses. 

Sec. 346. Modernization of National Distress and Response System. 

Sec. 347. Conveyance of Coast Guard property in Portland, Maine. 

Sec. 348. Additional Coast Guard funding needs after September 11, 2001. 

Sec. 349. Miscellaneous conveyances. 

TITLE IV—OMNIBUS MARITIME IMPROVEMENTS 

Sec. 401. Short title. 

Sec. 402. Extension of Coast Guard housing authorities. 

Sec. 403. Inventory of vessels for cable laying, maintenance, and repair. 

Sec. 404. Vessel escort operations and towing assistance. 

Sec. 405. Search and rescue center standards. 

Sec. 406. VHF communications services. 

Sec. 407. Lower Columbia River maritime fire and safety activities. 

Sec. 408. Conforming references to the former Merchant Marine and Fisheries Committee. 

Sec. 409. Restriction on vessel documentation. 

Sec. 410. Hypothermia protective clothing requirement. 

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Sec. 411. Reserve officer promotions. 

Sec. 412. Regular lieutenant commanders and commanders; continuation upon failure of selection for promotion. 

Sec. 413. Reserve student pre-commissioning assistance program. 

Sec. 414. Continuation on active duty beyond thirty years. 

Sec. 415. Payment of death gratuities on behalf of Coast Guard auxiliarists. 

Sec. 416. Align Coast Guard severance pay and revocation of commission authority 

with Department of Defense authority. 

Sec. 417. Long-term lease authority for lighthouse property. 

Sec. 418. Maritime Drug Law Enforcement Act amendments. 

Sec. 419. Wing-in-ground craft. 

Sec. 420. Electronic filing of commercial instruments for vessels. 

Sec. 421. Deletion of thumbprint requirement for merchant mariners’ documents. 

Sec. 422. Temporary certificates of documentation for recreational vessels. 

Sec. 423. Marine casualty investigations involving foreign vessels. 

Sec. 424. Conveyance of Coast Guard property in Hampton Township, Michigan. 

Sec. 425. Conveyance of property in Traverse City, Michigan. 

Sec. 426. Annual report on Coast Guard capabilities and readiness to fulfill national defense responsibilities. 

Sec. 427. Extension of authorization for oil spill recovery institute. 

Sec. 428. Protection against discrimination. 

Sec. 429. Icebreaking services. 

Sec. 430. Fishing vessel safety training. 

Sec. 431. Limitation on liability of pilots at Coast Guard Vessel Traffic Services. 

Sec. 432. Assistance for marine safety station on Chicago lakefront. 

Sec. 433. Extension of time for recreational vessel and associated equipment recalls. 

Sec. 434. Repair of municipal dock, Escanaba, Michigan. 

Sec. 435. Vessel GLOBAL EXPLORER. 

Sec. 436. Aleutian trade. 

Sec. 437. Pictured Rocks National Lakeshore boundary revision. 

Sec. 438. Loran-C. 

Sec. 439. Authorization of payment. 

Sec. 440. Report on oil spill responder immunity. 

Sec. 441. Fishing agreements. 

Sec. 442. Electronic publishing of marine casualty reports. 

Sec. 443. Safety and security of ports and waterways. 

Sec. 444. Suspension of payment. 

Sec. 445. Prohibition on navigation fees. 

TITLE V—AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD 

Sec. 501. Short title. 

Sec. 502. Authorization of appropriations. 

Sec. 503. Authorized levels of military strength and training.

TITLE I—MARITIME TRANSPORTATION 

SECURITY 

SEC. 101. FINDINGS. 

The Congress makes the following findings: 

(1) There are 361 public ports in the United States that are 

an integral part of our Nation’s commerce.

(2) United States ports handle over 95 percent of United 

States overseas trade. The total volume of goods imported and 

exported through ports is expected to more than double over the 

next 20 years. 

(3) The variety of trade and commerce carried out at ports 

includes bulk cargo, containerized cargo, passenger transport 

and tourism, and intermodal transportation systems that are 

complex to secure. 

(4) The United States is increasingly dependent on imported energy for a substantial share of its energy supply, and 

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a disruption of that share of supply would seriously harm consumers and our economy. 

(5) The top 50 ports in the United States account for about 

90 percent of all the cargo tonnage. Twenty-five United States 

ports account for 98 percent of all container shipments. Cruise 

ships visiting foreign destinations embark from at least 16 

ports. Ferries in the United States transport 113,000,000 passengers and 32,000,000 vehicles per year. 

(6) Ports often are a major locus of Federal crime, including drug trafficking, cargo theft, and smuggling of contraband 

and aliens. 

(7) Ports are often very open and exposed and are susceptible to large scale acts of terrorism that could cause a large 

loss of life or economic disruption. 

(8) Current inspection levels of containerized cargo are insufficient to counter potential security risks. Technology is currently not adequately deployed to allow for the nonintrusive inspection of containerized cargo. 

(9) The cruise ship industry poses a special risk from a security perspective. 

(10) Securing entry points and other areas of port facilities 

and examining or inspecting containers would increase security 

at United States ports. 

(11) Biometric identification procedures for individuals 

having access to secure areas in port facilities are important 

tools to deter and prevent port cargo crimes, smuggling, and 

terrorist actions. 

(12) United States ports are international boundaries 

that—

(A) are particularly vulnerable to breaches in security; 

(B) may present weaknesses in the ability of the United 

States to realize its national security objectives; and 

(C) may serve as a vector or target for terrorist attacks 

aimed at the United States. 

(13) It is in the best interests of the United States—

(A) to have a free flow of interstate and foreign commerce and to ensure the efficient movement of cargo; 

(B) to increase United States port security by establishing improving communication among law enforcement 

officials responsible for port security; 

(C) to formulate requirements for physical port security, recognizing the different character and nature of 

United States port facilities, and to require the establishment of security programs at port facilities; 

(D) to provide financial assistance to help the States 

and the private sector to increase physical security of 

United States ports; 

(E) to invest in long-term technology to facilitate the 

private sector development of technology that will assist in 

the nonintrusive timely detection of crime or potential crime 

at United States ports; 

(F) to increase intelligence collection on cargo and 

intermodal movements to address areas of potential threat 

to safety and security; and 

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(G) to promote private sector procedures that provide 

for in-transit visibility and support law enforcement efforts 

directed at managing the security risks of cargo shipments. 

(14) On April 27, 1999, the President established the Interagency Commission on Crime and Security in United States 

Ports to undertake a comprehensive study of the nature and extent of the problem of crime in our ports, as well as the ways 

in which governments at all levels are responding. The Commission concluded that frequent crimes in ports include drug 

smuggling, illegal car exports, fraud, and cargo theft. Internal 

conspiracies are an issue at many ports and contribute to Federal crime. Criminal organizations are exploiting weak security 

at ports to commit a wide range of cargo crimes. Intelligence 

and information sharing among law enforcement agencies 

needs to be improved and coordinated at many ports. A lack of 

minimum physical and personnel security standards at ports 

and related facilities leaves many ports and port users very vulnerable. Access to ports and operations within ports is often uncontrolled. Security-related and detection-related equipment, 

such as small boats, cameras, large-scale x-ray machines, and 

vessel tracking devices, are lacking at many ports. 

(15) The International Maritime Organization and other 

similar international organizations are currently developing a 

new maritime security system that contains the essential elements for enhancing global maritime security. Therefore, it is in 

the best interests of the United States to implement new international instruments that establish such a system. 

SEC. 102. PORT SECURITY.

(a) IN GENERAL.—Title 46, United States Code, is amended by 

adding at the end the following new subtitle: 

‘‘Subtitle VI—Miscellaneous

‘‘Chap. Sec. 

‘‘701. Port Security .............................................................................................. 70101

‘‘CHAPTER 701—PORT SECURITY

‘‘Sec. 

‘‘70101. Definitions. 

‘‘70102. United States facility and vessel vulnerability assessments. 

‘‘70103. Maritime transportation security plans. 

‘‘70104. Transportation security incident response. 

‘‘70105. Transportation security cards. 

‘‘70106. Maritime safety and security teams. 

‘‘70107. Grants. 

‘‘70108. Foreign port assessment. 

‘‘70109. Notifying foreign authorities. 

‘‘70110. Actions when foreign ports not maintaining effective antiterrorism measures. 

‘‘70111. Enhanced crewmember identification. 

‘‘70112. Maritime security advisory committees. 

‘‘70113. Maritime intelligence. 

‘‘70114. Automatic identification systems. 

‘‘70115. Long-range vessel tracking system. 

‘‘70116. Secure systems of transportation. 

‘‘70117. Civil penalty.

‘‘§ 70101. Definitions 

‘‘For the purpose of this chapter: 

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‘‘(1) The term ‘Area Maritime Transportation Security Plan’

means an Area Maritime Transportation Security Plan prepared under section 70103(b). 

‘‘(2) The term ‘facility’ means any structure or facility of 

any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the United States. 

‘‘(3) The term ‘National Maritime Transportation Security 

Plan’ means the National Maritime Transportation Security 

Plan prepared and published under section 70103(a). 

‘‘(4) The term ‘owner or operator’ means—

‘‘(A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel; and 

‘‘(B) in the case of a facility, any person owning, leasing, or operating such facility. 

‘‘(5) The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating. 

‘‘(6) The term ‘transportation security incident’ means a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic 

disruption in a particular area. 

‘‘§ 70102. United States facility and vessel vulnerability assessments 

‘‘(a) INITIAL ASSESSMENTS.—The Secretary shall conduct an assessment of vessel types and United States facilities on or adjacent 

to the waters subject to the jurisdiction of the United States to identify those vessel types and United States facilities that pose a high 

risk of being involved in a transportation security incident. 

‘‘(b) FACILITY AND VESSEL ASSESSMENTS.—(1) Based on the information gathered under subsection (a) of this section, the Secretary shall conduct a detailed vulnerability assessment of the facilities and vessels that may be involved in a transportation security 

incident. The vulnerability assessment shall include the following: 

‘‘(A) Identification and evaluation of critical assets and infrastructures. 

‘‘(B) Identification of the threats to those assets and infrastructures. 

‘‘(C) Identification of weaknesses in physical security, passenger and cargo security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, contingency response, and other 

areas as determined by the Secretary. 

‘‘(2) Upon completion of an assessment under this subsection for 

a facility or vessel, the Secretary shall provide the owner or operator 

with a copy of the vulnerability assessment for that facility or vessel. 

‘‘(3) The Secretary shall update each vulnerability assessment 

conducted under this section at least every 5 years. 

‘‘(4) In lieu of conducting a facility or vessel vulnerability assessment under paragraph (1), the Secretary may accept an alternative assessment conducted by or on behalf of the owner or operator of the facility or vessel if the Secretary determines that the alternative assessment includes the matters required under paragraph 

(1). 

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‘‘§ 70103. Maritime transportation security plans 

‘‘(a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.—

(1) The Secretary shall prepare a National Maritime Transportation 

Security Plan for deterring and responding to a transportation security incident. 

‘‘(2) The National Maritime Transportation Security Plan shall 

provide for efficient, coordinated, and effective action to deter and 

minimize damage from a transportation security incident, and shall 

include the following: 

‘‘(A) Assignment of duties and responsibilities among Federal departments and agencies and coordination with State and 

local governmental agencies. 

‘‘(B) Identification of security resources. 

‘‘(C) Procedures and techniques to be employed in deterring 

a national transportation security incident. 

‘‘(D) Establishment of procedures for the coordination of activities of—

‘‘(i) Coast Guard maritime security teams established 

under this chapter; and 

‘‘(ii) Federal Maritime Security Coordinators required 

under this chapter. 

‘‘(E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of a 

transportation security incident and imminent threats of such 

a security incident to the appropriate State and Federal agencies. 

‘‘(F) Establishment of criteria and procedures to ensure immediate and effective Federal identification of a transportation 

security incident, or the substantial threat of such a security incident. 

‘‘(G) Designation of—

‘‘(i) areas for which Area Maritime Transportation Security Plans are required to be prepared under subsection 

(b); and 

‘‘(ii) a Coast Guard official who shall be the Federal 

Maritime Security Coordinator for each such area. 

‘‘(H) A risk-based system for evaluating the potential for 

violations of security zones designated by the Secretary on the 

waters subject to the jurisdiction of the United States.

‘‘(I) A recognition of certified systems of intermodal transportation. 

‘‘(J) A plan for ensuring that the flow of cargo through 

United States ports is reestablished as efficiently and quickly as 

possible after a transportation security incident. 

‘‘(3) The Secretary shall, as the Secretary considers advisable, 

revise or otherwise amend the National Maritime Transportation 

Security Plan. 

‘‘(4) Actions by Federal agencies to deter and minimize damage 

from a transportation security incident shall, to the greatest extent 

possible, be in accordance with the National Maritime Transportation Security Plan. 

‘‘(5) The Secretary shall inform vessel and facility owners or operators of the provisions in the National Transportation Security 

Plan that the Secretary considers necessary for security purposes.

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‘‘(b) AREA MARITIME TRANSPORTATION SECURITY PLANS.—(1) 

The Federal Maritime Security Coordinator designated under subsection (a)(2)(G) for an area shall— ‘‘(A) submit to the Secretary an Area Maritime Transportation Security Plan for the area; and ‘‘(B) solicit advice from the Area Security Advisory Committee required under this chapter, for the area to assure 

preplanning of joint deterrence efforts, including appropriate 

procedures for deterrence of a transportation security incident. 

‘‘(2) The Area Maritime Transportation Security Plan for an 

area shall—

‘‘(A) when implemented in conjunction with the National 

Maritime Transportation Security Plan, be adequate to deter a 

transportation security incident in or near the area to the maximum extent practicable; ‘‘(B) describe the area and infrastructure covered by the 

plan, including the areas of population or special economic, environmental, or national security importance that might be 

damaged by a transportation security incident; ‘‘(C) describe in detail how the plan is integrated with other 

Area Maritime Transportation Security Plans, and with facility 

security plans and vessel security plans under this section; ‘‘(D) include consultation and coordination with the Department of Defense on matters relating to Department of Defense 

facilities and vessels; ‘‘(E) include any other information the Secretary requires; 

and ‘‘(F) be updated at least every 5 years by the Federal Maritime Security Coordinator. 

‘‘(3) The Secretary shall— ‘‘(A) review and approve Area Maritime Transportation Security Plans under this subsection; and ‘‘(B) periodically review previously approved Area Maritime 

Transportation Security Plans. 

‘‘(4) In security zones designated by the Secretary in each Area 

Maritime Transportation Security Plan, the Secretary shall consider—

‘‘(A) the use of public/private partnerships to enforce security within the security zones, shoreside protection alternatives, 

and the environmental, public safety, and relative effectiveness 

of such alternatives; and 

‘‘(B) technological means of enhancing the security zones of 

port, territorial waters, and waterways of the United States. 

‘‘(c) VESSEL AND FACILITY SECURITY PLANS.—(1) Within 6 

months after the prescription of interim final regulations on vessel 

and facility security plans, an owner or operator of a vessel or facility described in paragraph (2) shall prepare and submit to the Secretary a security plan for the vessel or facility, for deterring a transportation security incident to the maximum extent practicable. ‘‘(2) The vessels and facilities referred to in paragraph (1)— ‘‘(A) except as provided in subparagraph (B), are vessels and facilities that the Secretary believes may be involved in a transportation security incident; and ‘‘(B) do not include any vessel or facility owned or operated by the Department of Defense. 

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‘‘(3) A security plan required under this subsection shall—

‘‘(A) be consistent with the requirements of the National 

Maritime Transportation Security Plan and Area Maritime 

Transportation Security Plans; 

‘‘(B) identify the qualified individual having full authority 

to implement security actions, and require immediate communications between that individual and the appropriate Federal 

official and the persons providing personnel and equipment 

pursuant to subparagraph (C); 

‘‘(C) include provisions for—

‘‘(i) establishing and maintaining physical security, 

passenger and cargo security, and personnel security; 

‘‘(ii) establishing and controlling access to secure areas 

of the vessel or facility; 

‘‘(iii) procedural security policies; 

‘‘(iv) communications systems; and 

‘‘(v) other security systems; 

‘‘(D) identify, and ensure by contract or other means approved by the Secretary, the availability of security measures 

necessary to deter to the maximum extent practicable a transportation security incident or a substantial threat of such a security incident; 

‘‘(E) describe the training, periodic unannounced drills, and 

security actions of persons on the vessel or at the facility, to be 

carried out under the plan to deter to the maximum extent practicable a transportation security incident, or a substantial 

threat of such a security incident; 

‘‘(F) be updated at least every five years; and 

‘‘(G) be resubmitted for approval of each change to the vessel or facility that may substantially affect the security of the 

vessel or facility. 

‘‘(4) The Secretary shall—

‘‘(A) promptly review each such plan; 

‘‘(B) require amendments to any plan that does not meet the 

requirements of this subsection; 

‘‘(C) approve any plan that meets the requirements of this 

subsection; and 

‘‘(D) review each plan periodically thereafter. 

‘‘(5) A vessel or facility for which a plan is required to be submitted under this subsection may not operate after the end of the 

12-month period beginning on the date of the prescription of interim 

final regulations on vessel and facility security plans, unless—

‘‘(A) the plan has been approved by the Secretary; and 

‘‘(B) the vessel or facility is operating in compliance with 

the plan. 

‘‘(6) Notwithstanding paragraph (5), the Secretary may authorize a vessel or facility to operate without a security plan approved 

under this subsection, until not later than 1 year after the date of 

the submission to the Secretary of a plan for the vessel or facility, 

if the owner or operator of the vessel or facility certifies that the 

owner or operator has ensured by contract or other means approved 

by the Secretary to deter to the maximum extent practicable a transportation security incident or a substantial threat of such a security 

incident. 

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‘‘(7) The Secretary shall require each owner or operator of a vessel or facility located within or adjacent to waters subject to the jurisdiction of the United States to implement any necessary interim 

security measures, including cargo security programs, to deter to the 

maximum extent practicable a transportation security incident until 

the security plan for that vessel or facility operator is approved. ‘‘(d) NONDISCLOSURE OF INFORMATION.—Notwithstanding any 

other provision of law, information developed under this chapter is 

not required to be disclosed to the public, including— ‘‘(1) facility security plans, vessel security plans, and port 

vulnerability assessments; and ‘‘(2) other information related to security plans, procedures, 

or programs for vessels or facilities authorized under this chapter.

‘‘§ 70104. Transportation security incident response 

‘‘(a) FACILITY AND VESSEL RESPONSE PLANS.—The Secretary 

shall— ‘‘(1) establish security incident response plans for vessels 

and facilities that may be involved in a transportation security 

incident; and ‘‘(2) make those plans available to the Director of the Federal Emergency Management Agency for inclusion in the Director’s response plan for United States ports and waterways. ‘‘(b) CONTENTS.—Response plans developed under subsection (a) 

shall provide a comprehensive response to an emergency, including 

notifying and coordinating with local, State, and Federal authorities, including the Director of the Federal Emergency Management 

Agency, securing the facility or vessel, and evacuating facility and 

vessel personnel. ‘‘(c) INCLUSION IN SECURITY PLAN.—A response plan required 

under this subsection for a vessel or facility may be included in the 

security plan prepared under section 70103(c). 

‘‘§ 70105. Transportation security cards 

‘‘(a) PROHIBITION.—(1) The Secretary shall prescribe regulations 

to prevent an individual from entering an area of a vessel or facility 

that is designated as a secure area by the Secretary for purposes of 

a security plan for the vessel or facility that is approved by the Secretary under section 70103 of this title unless the individual—

‘‘(A) holds a transportation security card issued under this 

section and is authorized to be in the area in accordance with 

the plan; or 

‘‘(B) is accompanied by another individual who holds a 

transportation security card issued under this section and is 

authorized to be in the area in accordance with the plan. 

‘‘(2) A person shall not admit an individual into such a secure 

area unless the entry of the individual into the area is in compliance with paragraph (1). 

‘‘(b) ISSUANCE OF CARDS.—(1) The Secretary shall issue a biometric transportation security card to an individual specified in 

paragraph (2), unless the Secretary decides that the individual 

poses a security risk under subsection (c) warranting denial of the 

card. ‘‘(2) This subsection applies to—

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‘‘(A) an individual allowed unescorted access to a secure 

area designated in a vessel or facility security plan approved 

under section 70103 of this title; ‘‘(B) an individual issued a license, certificate of registry, or 

merchant mariners document under part E of subtitle II of this 

title; ‘‘(C) a vessel pilot; 

‘‘(D) an individual engaged on a towing vessel that pushes, 

pulls, or hauls alongside a tank vessel; ‘‘(E) an individual with access to security sensitive information as determined by the Secretary; and ‘‘(F) other individuals engaged in port security activities as 

determined by the Secretary. 

‘‘(c) DETERMINATION OF TERRORISM SECURITY RISK.—(1) An individual may not be denied a transportation security card under 

subsection (b) unless the Secretary determines that individual— ‘‘(A) has been convicted within the preceding 7-year period 

of a felony or found not guilty by reason of insanity of a felony— ‘‘(i) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; 

or ‘‘(ii) for causing a severe transportation security incident; 

‘‘(B) has been released from incarceration within the preceding 5-year period for committing a felony described in subparagraph (A); ‘‘(C) may be denied admission to the United States or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or ‘‘(D) otherwise poses a terrorism security risk to the United 

States. 

‘‘(2) The Secretary shall prescribe regulations that establish a 

waiver process for issuing a transportation security card to an individual found to be otherwise ineligible for such a card under paragraph (1). In deciding to issue a card to such an individual, the 

Secretary shall—

‘‘(A) give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual, 

Federal and State mitigation remedies, and other factors from 

which it may be concluded that the individual does not pose a 

terrorism risk warranting denial of the card; and 

‘‘(B) issue a waiver to an individual without regard to 

whether that individual would otherwise be disqualified if the 

individual’s employer establishes alternate security arrangements acceptable to the Secretary.

‘‘(3) The Secretary shall establish an appeals process under this 

section for individuals found to be ineligible for a transportation security card that includes notice and an opportunity for a hearing. 

‘‘(4) Upon application, the Secretary may issue a transportation 

security card to an individual if the Secretary has previously determined, under section 5103a of title 49, that the individual does not 

pose a security risk. 

‘‘(d) BACKGROUND RECORDS CHECK.—(1) On request of the Secretary, the Attorney General shall—

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‘‘(A) conduct a background records check regarding the individual; and ‘‘(B) upon completing the background records check, notify 

the Secretary of the completion and results of the background 

records check. 

‘‘(2) A background records check regarding an individual under 

this subsection shall consist of the following: ‘‘(A) A check of the relevant criminal history databases. 

‘‘(B) In the case of an alien, a check of the relevant databases to determine the status of the alien under the immigration laws of the United States. ‘‘(C) As appropriate, a check of the relevant international 

databases or other appropriate means. ‘‘(D) Review of any other national security-related information or database identified by the Attorney General for purposes 

of such a background records check. 

‘‘(e) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMA- TION.—(1) Information obtained by the Attorney General or the Secretary under this section may not be made available to the public, 

including the individual’s employer. ‘‘(2) Any information constituting grounds for denial of a transportation security card under this section shall be maintained confidentially by the Secretary and may be used only for making determinations under this section. The Secretary may share any such information with other Federal law enforcement agencies. An individual’s employer may only be informed of whether or not the individual has been issued the card under this section. ‘‘(f) DEFINITION.—In this section, the term ‘alien’ has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).’’. 

‘‘§ 70106. Maritime safety and security teams 

‘‘(a) IN GENERAL.—To enhance the domestic maritime security 

capability of the United States, the Secretary shall establish such 

maritime safety and security teams as are needed to safeguard the 

public and protect vessels, harbors, ports, facilities, and cargo in 

waters subject to the jurisdiction of the United States from destruction, loss or injury from crime, or sabotage due to terrorist activity, 

and to respond to such activity in accordance with the transportation security plans developed under section 70103. 

‘‘(b) MISSION.—Each maritime safety and security team shall be 

trained, equipped, and capable of being employed to—

‘‘(1) deter, protect against, and rapidly respond to threats 

of maritime terrorism; 

‘‘(2) enforce moving or fixed safety or security zones established pursuant to law; 

‘‘(3) conduct high speed intercepts; 

‘‘(4) board, search, and seize any article or thing on or at, 

respectively, a vessel or facility found to present a risk to the 

vessel or facility, or to a port; ‘‘(5) rapidly deploy to supplement United States armed 

forces domestically or overseas; ‘‘(6) respond to criminal or terrorist acts within a port so 

as to minimize, insofar as possible, the disruption caused by 

such acts; 

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‘‘(7) assist with facility vulnerability assessments required 

under this chapter; and 

‘‘(8) carry out other security missions as are assigned to it 

by the Secretary. 

‘‘(c) COORDINATION WITH OTHER AGENCIES.—To the maximum 

extent feasible, each maritime safety and security team shall coordinate its activities with other Federal, State, and local law enforcement and emergency response agencies. 

‘‘§ 70107. Grants

‘‘(a) IN GENERAL.—The Secretary of Transportation, acting 

through the Maritime Administrator, shall establish a grant program for making a fair and equitable allocation among port authorities, facility operators, and State and local agencies required to 

provide security services of funds to implement Area Maritime 

Transportation Security Plans and facility security plans. The program shall take into account national economic and strategic defense considerations. 

‘‘(b) ELIGIBLE COSTS.—The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and 

ensuring compliance with Area Maritime Transportation Security 

Plans and facility security plans are eligible to be funded: 

‘‘(1) Salary, benefits, overtime compensation, retirement 

contributions, and other costs of additional Coast Guard mandated security personnel. 

‘‘(2) The cost of acquisition, operation, and maintenance of 

security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, and other security-related infrastructure or equipment that 

contributes to the overall security of passengers, cargo, or crewmembers. 

‘‘(3) The cost of screening equipment, including equipment 

that detects weapons of mass destruction and conventional explosives, and of testing and evaluating such equipment, to certify secure systems of transportation. 

‘‘(4) The cost of conducting vulnerability assessments to 

evaluate and make recommendations with respect to security. 

‘‘(c) MATCHING REQUIREMENTS.—

‘‘(1) 75-PERCENT FEDERAL FUNDING.—Except as provided in 

paragraph (2), Federal funds for any eligible project under this 

section shall not exceed 75 percent of the total cost of such 

project. 

‘‘(2) EXCEPTIONS.—

‘‘(A) SMALL PROJECTS.—There are no matching requirements for grants under subsection (a) for projects costing 

not more than $25,000. 

‘‘(B) HIGHER LEVEL OF SUPPORT REQUIRED.—If the Secretary of Transportation determines that a proposed project 

merits support and cannot be undertaken without a higher 

rate of Federal support, then the Secretary may approve 

grants under this section with a matching requirement 

other than that specified in paragraph (1). 

14

‘‘(d) COORDINATION AND COOPERATION AGREEMENTS.—The Secretary of Transportation shall ensure that projects paid for, or the 

costs of which are reimbursed, under this section within any area 

or port are coordinated with other projects, and may require cooperative agreements among users of the port and port facilities with respect to projects funded under this section. 

‘‘(e) ADMINISTRATION.—

‘‘(1) IN GENERAL.—The program shall require eligible port 

authorities, facility operators, and State and local agencies required to provide security services, to submit an application, at 

such time, in such form, and containing such information and 

assurances as the Secretary of Transportation may require, and 

shall include appropriate application, review, and delivery 

mechanisms. 

‘‘(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT.—Each application for payment or reimbursement of eligible costs shall include, at a minimum, the following: 

‘‘(A) A copy of the applicable Area Maritime Transportation Security Plan or facility security plan. 

‘‘(B) A comprehensive description of the need for the 

project, and a statement of the project’s relationship to the 

applicable Area Maritime Transportation Security Plan or 

facility security plan. 

‘‘(C) A determination by the Captain of the Port that 

the security project addresses or corrects Coast Guard identified vulnerabilities in security and ensures compliance 

with Area Maritime Transportation Security Plans and facility security plans. 

‘‘(3) PROCEDURAL SAFEGUARDS.—The Secretary of Transportation shall by regulation establish appropriate accounting, 

reporting, and review procedures to ensure that amounts paid 

or reimbursed under this section are used for the purposes for 

which they were made available, all expenditures are properly 

accounted for, and amounts not used for such purposes and 

amounts not obligated or expended are recovered. 

‘‘(4) PROJECT APPROVAL REQUIRED.—The Secretary of 

Transportation may approve an application for the payment or 

reimbursement of costs under this section only if the Secretary 

of Transportation is satisfied that—

‘‘(A) the project is consistent with Coast Guard vulnerability assessments and ensures compliance with Area Maritime Transportation Security Plans and facility security 

plans; 

‘‘(B) enough money is available to pay the project costs 

that will not be reimbursed by the United States Government under this section; 

‘‘(C) the project will be completed without unreasonable 

delay; and 

‘‘(D) the recipient has authority to carry out the project 

as proposed.

‘‘(f) AUDITS AND EXAMINATIONS.—A recipient of amounts made 

available under this section shall keep such records as the Secretary 

of Transportation may require, and make them available for review 

and audit by the Secretary of Transportation, the Comptroller GenVerDate 0ct 31 2002 13:42 Nov 15, 2002 Jkt 190006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6603 E:\HR\OC\HR777.XXX HR777
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eral of the United States, or the Inspector General of the Department of Transportation. 

‘‘(g) REPORTS ON SECURITY FUNDING AND COMPLIANCE.—

‘‘(1) INITIAL REPORT.—Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall transmit an unclassified report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, that—

‘‘(A) includes a funding proposal and rationale to fund 

the correction of Coast Guard identified vulnerabilities in 

port security and to help ensure compliance with Area Maritime Transportation Security Plans and facility security 

plans for fiscal years 2003 through 2008; and 

‘‘(B) includes projected funding proposals for fiscal 

years 2003 through 2008 for the following security programs: 

‘‘(i) The Sea Marshall program. 

‘‘(ii) The Automated Identification System and a 

system of polling vessels on entry into United States 

waters. 

‘‘(iii) The maritime intelligence requirements in 

this Act. 

‘‘(iv) The issuance of transportation security cards 

required by section 70105. 

‘‘(vii) The program of certifying secure systems of 

transportation. 

‘‘(2) OTHER EXPENDITURES.—The Secretary of Transportation shall, as part of the report required by paragraph (1) report, in coordination with the Commissioner of Customs, on 

projected expenditures of screening and detection equipment 

and on cargo security programs over fiscal years 2003 through 

2008. 

‘‘(3) ANNUAL REPORTS.—Annually, beginning 1 year after 

transmittal of the report required by paragraph (1) until October 1, 2009, the Secretary of Transportation shall transmit an 

unclassified annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, on 

progress in achieving compliance with the correction of Coast 

Guard identified vulnerabilities in port security and compliance 

with Area Maritime Transportation Security Plans and facility 

security plans that—

‘‘(A) identifies any modifications necessary in funding 

to ensure the correction of Coast Guard identified 

vulnerabilities and ensure compliance with Area Maritime 

Transportation Security Plans and facility security plans; 

‘‘(B) includes an assessment of progress in implementing the grant program established by subsection (a); 

‘‘(C) includes any recommendations the Secretary may 

make to improve these programs; and 

‘‘(D) with respect to a port selected by the Secretary of 

Transportation, describes progress and enhancements of 

applicable Area Maritime Transportation Security Plans 

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tation Security Act of 2002 has improved security at that 

port. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to the Secretary of Transportation for each 

of fiscal years 2003 through 2008 such sums as are necessary to 

carry out subsections (a) through (g). ‘‘(i) RESEARCH AND DEVELOPMENT GRANTS FOR PORT SECU- RITY.— ‘‘(1) AUTHORITY.—The Secretary of Transportation is authorized to establish and administer a grant program for the 

support of research and development of technologies that can be 

used to secure the ports of the United States. The Secretary may 

award grants under the program to national laboratories, private nonprofit organizations, institutions of higher education, 

and other entities. The Secretary shall establish competitive 

procedures for awarding grants under the program and criteria 

for grant applications and eligibility. ‘‘(2) USE OF FUNDS.—Grants awarded pursuant to paragraph (1) shall be used to develop— ‘‘(A) methods to increase the ability of the Customs 

Service to inspect, or target for inspection, merchandise carried on any vessel that will arrive or has arrived at any 

port or place in the United States; ‘‘(B) equipment to accurately detect explosives, or chemical and biological agents, that could be used to commit terrorist acts against the United States; ‘‘(C) equipment to accurately detect nuclear materials, 

including scintillation-based detection equipment capable 

of attachment to spreaders to signal the presence of nuclear 

materials during the unloading of containers; ‘‘(D) improved tags and seals designed for use on shipping containers to track the transportation of the merchandise in such containers, including ‘smart sensors’ that are 

able to track a container throughout its entire supply chain, 

detect hazardous and radioactive materials within that 

container, and transmit such information to the appropriate authorities at a remote location; 

‘‘(E) tools to mitigate the consequences of a terrorist act 

at a port of the United States, including a network of sensors to predict the dispersion of radiological, chemical, or 

biological agents that might be intentionally or accidentally 

released; or

‘‘(F) applications to apply existing technologies from 

other industries to increase overall port security. 

‘‘(3) ADMINISTRATIVE PROVISIONS.—

‘‘(A) NO DUPLICATION OF EFFORT.—Before making any 

grant, the Secretary of Transportation shall coordinate 

with other Federal agencies to ensure the grant will not be 

used for research and development that is already being 

conducted with Federal funding. ‘‘(B) ACCOUNTING.—The Secretary of Transportation 

shall by regulation establish accounting, reporting, and review procedures to ensure that funds made available under 

paragraph (1) are used for the purpose for which they were 

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17

counted for, and that amounts not used for such purposes 

and amounts not expended are recovered. 

‘‘(C) RECORDKEEPING.—Recipients of grants shall keep 

all records related to expenditures and obligations of funds 

provided under paragraph (1) and make them available 

upon request to the Inspector General of the Department of 

Transportation and the Secretary of Transportation for 

audit and examination. 

‘‘(D) ANNUAL REVIEW AND REPORT.—The Inspector General of the Department of Transportation shall annually review the program established under paragraph (1) to ensure that the expenditures and obligations of funds are consistent with the purposes for which they are provided and 

report the findings to Congress. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $15,000,000 for each of the fiscal years 

2003 through 2008 to carry out the provisions of this subsection. 

‘‘§ 70108. Foreign port assessment 

‘‘(a) IN GENERAL.—The Secretary shall assess the effectiveness 

of the antiterrorism measures maintained at—

‘‘(1) a foreign port—

‘‘(A) served by vessels documented under chapter 121 of 

this title; or 

‘‘(B) from which foreign vessels depart on a voyage to 

the United States; and 

‘‘(2) any other foreign port the Secretary believes poses a security risk to international maritime commerce. 

‘‘(b) PROCEDURES.—In conducting an assessment under subsection (a), the Secretary shall assess the effectiveness of—

‘‘(1) screening of containerized and other cargo and baggage; 

‘‘(2) security measures to restrict access to cargo, vessels, 

and dockside property to authorized personnel only; 

‘‘(3) additional security on board vessels; 

‘‘(4) licensing or certification of compliance with appropriate security standards; 

‘‘(5) the security management program of the foreign port; 

and 

‘‘(6) other appropriate measures to deter terrorism against 

the United States. 

‘‘(c) CONSULTATION.—In carrying out this section, the Secretary 

shall consult with—

‘‘(1) the Secretary of Defense and the Secretary of State—

‘‘(A) on the terrorist threat that exists in each country 

involved; and 

‘‘(B) to identify foreign ports that pose a high risk of introducing terrorism to international maritime commerce; 

‘‘(2) the Secretary of the Treasury; 

‘‘(3) appropriate authorities of foreign governments; and 

‘‘(4) operators of vessels. 

18

‘‘§ 70109. Notifying foreign authorities 

‘‘(a) IN GENERAL.—If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country 

does not maintain effective antiterrorism measures, the Secretary 

shall notify the appropriate authorities of the government of the foreign country of the finding and recommend the steps necessary to 

improve the antiterrorism measures in use at the port. ‘‘(b) TRAINING PROGRAM.—The Secretary, in cooperation with 

the Secretary of State, shall operate a port security training program for ports in foreign countries that are found under section 

70108 to lack effective antiterrorism measures.

‘‘§ 70110. Actions when foreign ports not maintaining effective antiterrorism measures 

‘‘(a) IN GENERAL.—If the Secretary finds that a foreign port 

does not maintain effective antiterrorism measures, the Secretary— ‘‘(1) may prescribe conditions of entry into the United 

States for any vessel arriving from that port, or any vessel carrying cargo or passengers originating from or transshipped 

through that port; ‘‘(2) may deny entry into the United States to any vessel 

that does not meet such conditions; and ‘‘(3) shall provide public notice for passengers of the ineffective antiterrorism measures. 

‘‘(b) EFFECTIVE DATE FOR SANCTIONS.—Any action taken by the 

Secretary under subsection (a) for a particular port shall take effect— ‘‘(1) 90 days after the government of the foreign country 

with jurisdiction over or control of that port is notified under 

section 70109 unless the Secretary finds that the government 

has brought the antiterrorism measures at the port up to the security level the Secretary used in making an assessment under 

section 70108 before the end of that 90-day period; or ‘‘(2) immediately upon the finding of the Secretary under 

subsection (a) if the Secretary finds, after consulting with the 

Secretary of State, that a condition exists that threatens the 

safety or security of passengers, vessels, or crew traveling to or 

from the port. 

‘‘(c) STATE DEPARTMENT TO BE NOTIFIED.—The Secretary immediately shall notify the Secretary of State of a finding that a port 

does not maintain effective antiterrorism measures. ‘‘(d) ACTION CANCELED.—An action required under this section 

is no longer required if the Secretary decides that effective 

antiterrorism measures are maintained at the port. 

‘‘§ 70111. Enhanced crewmember identification 

‘‘(a) REQUIREMENT.—The Secretary, in consultation with the Attorney General and the Secretary of State, shall require crewmembers on vessels calling at United States ports to carry and 

present on demand any identification that the Secretary decides is 

necessary. 

‘‘(b) FORMS AND PROCESS.—The Secretary, in consultation with 

the Attorney General and the Secretary of State, shall establish the 

proper forms and process that shall be used for identification and 

verification of crewmembers.

19

‘‘§ 70112. Maritime Security Advisory Committees 

‘‘(a) ESTABLISHMENT OF COMMITTEES.—(1) The Secretary shall 

establish a National Maritime Security Advisory Committee. The 

Committee—

‘‘(A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to national 

maritime security matters; 

‘‘(B) may make available to the Congress recommendations 

that the Committee makes to the Secretary; and 

‘‘(C) shall meet at the call of—

‘‘(i) the Secretary, who shall call such a meeting at 

least once during each calendar year; or 

‘‘(ii) a majority of the Committee. 

‘‘(2)(A) The Secretary may—

‘‘(i) establish an Area Maritime Security Advisory Committee for any port area of the United States; and 

‘‘(ii) request such a committee to review the proposed Area 

Maritime Transportation Security Plan developed under section 

70103(b) and make recommendations to the Secretary that the 

Committee considers appropriate. 

‘‘(B) A committee established under this paragraph for an 

area—

‘‘(i) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime 

security in that area; 

‘‘(ii) may make available to the Congress recommendations 

that the committee makes to the Secretary; and 

‘‘(iii) shall meet at the call of—

‘‘(I) the Secretary, who shall call such a meeting at 

least once during each calendar year; or 

‘‘(II) a majority of the committee. 

‘‘(b) MEMBERSHIP.—(1) Each of the committees established 

under subsection (a) shall consist of not less than 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations. 

‘‘(2) The term of each member shall be for a period of not more 

than 5 years, specified by the Secretary. 

‘‘(3) Before appointing an individual to a position on such a 

committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee. 

‘‘(4) The Secretary may require an individual to have passed an 

appropriate security background examination before appointment to 

the Committee. 

‘‘(c) CHAIRPERSON AND VICE CHAIRPERSON.—(1) Each committee 

established under subsection (a) shall elect 1 of its members as the 

Chairman and 1 of its members at the Vice Chairperson. 

‘‘(2) The Vice Chairman shall act as Chairman in the absence 

or incapacity of the Chairman, or in the event of a vacancy in the 

office of the Chairman. 

‘‘(d) OBSERVERS.—(1) The Secretary shall, and the head of any 

other interested Federal agency may, designate a representative to 

participate as an observer with the Committee. 

‘‘(2) The Secretary’s designated representative shall act as the 

executive secretary of the Committee and shall perform the duties set 

20

forth in section 10(c) of the Federal Advisory Committee Act (5 

U.S.C. App.). 

‘‘(e) CONSIDERATION OF VIEWS.—The Secretary shall consider 

the information, advice, and recommendations of the Committee in 

formulating policy regarding matters affecting maritime security. 

‘‘(f) COMPENSATION AND EXPENSES.—(1) A member of a committee established under this section, when attending meetings of 

the committee or when otherwise engaged in the business of the 

committee, is entitled to receive—

‘‘(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in 

effect for GS–15 of the General Schedule under section 5332 of 

title 5 including travel time; and

‘‘(B) travel or transportation expenses under section 5703 of 

title 5.

‘‘(2) A member of such a committee shall not be considered to 

be an officer or employee of the United States for any purpose based 

on their receipt of any payment under this subsection. 

‘‘(g) FACA; TERMINATION.—(1) The Federal Advisory Committee 

Act (5 U.S.C. App.)—

‘‘(A) applies to the National Maritime Security Advisory 

Committee established under this section, except that such committee terminates on September 30, 2008; and 

‘‘(B) does not apply to Area Maritime Security Advisory 

Committees established under this section. 

‘‘(2) Not later than September 30, 2006, each committee established under this section shall submit to the Congress its recommendation regarding whether the committee should be renewed 

and continued beyond the termination date. 

‘‘§ 70113. Maritime intelligence 

‘‘(a) IN GENERAL.—The Secretary shall implement a system to 

collect, integrate, and analyze information concerning vessels operating on or bound for waters subject to the jurisdiction of the United 

States, including information related to crew, passengers, cargo, 

and intermodal shipments. 

‘‘(b) CONSULTATION.—In developing the information system 

under subsection (a), the Secretary shall consult with the Transportation Security Oversight Board and other departments and agencies, as appropriate. 

‘‘(c) INFORMATION INTEGRATION.—To deter a transportation security incident, the Secretary may collect information from public 

and private entities to the extent that the information is not provided by other Federal departments and agencies. 

‘‘§ 70114. Automatic identification systems 

‘‘(a) SYSTEM REQUIREMENTS.—(1) Subject to paragraph (2), the 

following vessels, while operating on the navigable waters of the 

United States, shall be equipped with and operate an automatic 

identification system under regulations prescribed by the Secretary: 

‘‘(A) A self-propelled commercial vessel of at least 65 feet 

overall in length. 

‘‘(B) A vessel carrying more than a number of passengers 

for hire determined by the Secretary. 

21

‘‘(C) A towing vessel of more than 26 feet overall in length 

and 600 horsepower. 

‘‘(D) Any other vessel for which the Secretary decides that 

an automatic identification system is necessary for the safe 

navigation of the vessel. 

‘‘(2) The Secretary may—

‘‘(A) exempt a vessel from paragraph (1) if the Secretary 

finds that an automatic identification system is not necessary 

for the safe navigation of the vessel on the waters on which the 

vessel operates; and 

‘‘(B) waive the application of paragraph (1) with respect to 

operation of vessels on navigable waters of the United States 

specified by the Secretary if the Secretary finds that automatic 

identification systems are not needed for safe navigation on 

those waters. 

‘‘(b) REGULATIONS.—The Secretary shall prescribe regulations 

implementing subsection (a), including requirements for the operation and maintenance of the automatic identification systems required under subsection (a). 

‘‘§ 70115. Long-range vessel tracking system 

‘‘The Secretary may develop and implement a long-range automated vessel tracking system for all vessels in United States waters 

that are equipped with the Global Maritime Distress and Safety 

System or equivalent satellite technology. The system shall be designed to provide the Secretary the capability of receiving information on vessel positions at interval positions appropriate to deter 

transportation security incidents. The Secretary may use existing 

maritime organizations to collect and monitor tracking information 

under the system. 

‘‘§ 70116. Secure systems of transportation 

‘‘(a) IN GENERAL.—The Secretary, in consultation with the 

Transportation Security Oversight Board, shall establish a program 

to evaluate and certify secure systems of international intermodal 

transportation.

‘‘(b) ELEMENTS OF PROGRAM.—The program shall include—

‘‘(1) establishing standards and procedures for screening 

and evaluating cargo prior to loading in a foreign port for shipment to the United States either directly or via a foreign port; 

‘‘(2) establishing standards and procedures for securing 

cargo and monitoring that security while in transit; 

‘‘(3) developing performance standards to enhance the physical security of shipping containers, including standards for 

seals and locks; 

‘‘(4) establishing standards and procedures for allowing the 

United States Government to ensure and validate compliance 

with this program; and 

‘‘(5) any other measures the Secretary considers necessary to 

ensure the security and integrity of international intermodal 

transport movements. 

22

‘‘§ 70117. Civil penalty 

‘‘Any person that violates this chapter or any regulation under 

this chapter shall be liable to the United States for a civil penalty 

of not more than $25,000 for each violation.’’. 

(b) CONFORMING AMENDMENT.—The table of subtitles at the beginning of title 46, United States Code, is amended by adding at 

the end the following:

‘‘VI. MISCELLANEOUS .......................................................................................70101’’.

(c) DEADLINE.—The Secretary shall establish the plans required 

under section 70104(a)(1) of title 46, United States Code, as enacted 

by this Act, before April 1, 2003. 

(d) RULEMAKING REQUIREMENTS.—

(1) INTERIM FINAL RULE AUTHORITY.—The Secretary shall 

issue an interim final rule as a temporary regulation implementing this section (including the amendments made by this 

section) as soon as practicable after the date of enactment of 

this section, without regard to the provisions of chapter 5 of 

title 5, United States Code. All regulations prescribed under the 

authority of this subsection that are not earlier superseded by 

final regulations shall expire not later than 1 year after the 

date of enactment of this Act.

(2) INITIATION OF RULEMAKING.—The Secretary may initiate a rulemaking to implement this section (including the 

amendments made by this section) as soon as practicable after 

the date of enactment of this section. The final rule issued pursuant to that rulemaking may supersede the interim final rule 

promulgated under this subsection.

(e) PHASE-IN OF AUTOMATIC IDENTIFICATION SYSTEM.—

(1) SCHEDULE.—Section 70114 of title 46, United States 

Code, as enacted by this Act, shall apply as follows: 

(A) On and after January 1, 2003, to any vessel built 

after that date. 

(B) On and after July 1, 2003, to any vessel built before the date referred to in subparagraph (A) that is—

(i) a passenger vessel required to carry a certificate 

under the International Convention for the Safety of 

Life at Sea, 1974 (SOLAS); 

(ii) a tanker; or 

(iii) a towing vessel engaged in moving a tank vessel. 

(C) On and after December 31, 2004, to all other vessels built before the date referred to in subparagraph (A). 

(2) DEFINITION.—The terms in this subsection have the 

same meaning as those terms have under section 2101 of title 

46, United States Code. 

SEC. 103. INTERNATIONAL SEAFARER IDENTIFICATION. 

(a) TREATY INITIATIVE.—The Secretary of the department in 

which the Coast Guard is operating is encouraged to negotiate an 

international agreement, or an amendment to an international 

agreement, that provides for a uniform, comprehensive, international system of identification for seafarers that will enable the 

United States and another country to establish authoritatively the 

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cluding the territorial waters, of the United States or such other 

country. 

(b) LEGISLATIVE ALTERNATIVE.—If the Secretary fails to complete a negotiation process undertaken under subsection (a) within 

24 months after the date of enactment of this Act, the Secretary 

shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives a draft of legislation 

that, if enacted, would establish a uniform, comprehensive system 

of identification for seafarers. 

SEC. 104. EXTENSION OF SEAWARD JURISDICTION. 

(a) DEFINITION OF TERRITORIAL WATERS.—Section 1 of title 

XIII of the Act of June 15, 1917 (50 U.S.C. 195; 40 Stat. 231) is 

amended—

(1) by striking ‘‘The term ‘United States’ as used in this Act 

includes’’ and inserting the following: 

‘‘In this Act: 

‘‘(1) UNITED STATES.—The term ‘United States’ includes’’; 

and 

(2) by adding at the end the following: 

‘‘(2) TERRITORIAL WATERS.—The term ‘territorial waters of 

the United States’ includes all waters of the territorial sea of 

the United States as described in Presidential Proclamation 

5928 of December 27, 1988.’’. 

(b) CIVIL PENALTY FOR VIOLATION OF ACT OF JUNE 15, 1917.—

Section 2 of title II of the Act of June 15, 1917 (50 U.S.C. 192), is 

amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘If’’ in the first 

undesignated paragraph; 

(2) by striking ‘‘(a) If any other’’ and inserting ‘‘(b) 

APPLICATION TO OTHERS.—If any other’’; and 

(3) by adding at the end the following: 

‘‘(c) CIVIL PENALTY.—A person violating this Act, or a regulation prescribed under this Act, shall be liable to the United States 

Government for a civil penalty of not more than $25,000 for each 

violation. Each day of a continuing violation shall constitute a separate violation.’’. 

SEC. 105. SUSPENSION OF LIMITATION ON STRENGTH OF COAST 

GUARD. 

(a) PERSONNEL END STRENGTHS.—Section 661(a) of title 14, 

United States Code, is amended by adding at the end the following: 

‘‘If at the end of any fiscal year there is in effect a declaration of 

war or national emergency, the President may defer the effectiveness 

of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast 

Guard, for a period not to exceed 6 months after the end of the war 

or termination of the national emergency.’’. 

(b) OFFICERS IN COAST GUARD RESERVE.—Section 724 of title 

14, United States Code, is amended by adding at the end thereof the 

following: ‘‘(c) DEFERRAL OF LIMITATION.—If at the end of any fiscal year 

there is in effect a declaration of war or national emergency, the 

President may defer the effectiveness of any end-strength limitation 

with respect to that fiscal year prescribed by law for any military 

24

or civilian component of the Coast Guard Reserve, for a period not 

to exceed 6 months after the end of the war or termination of the 

national emergency.’’. 

SEC. 106. EXTENSION OF DEEPWATER PORT ACT TO NATURAL GAS. 

(a) IN GENERAL.—The following provisions of the Deepwater 

Port Act of 1974 (33 U.S.C. 1501 et seq.) are each amended by inserting ‘‘or natural gas’’ after ‘‘oil’’ each place it appears: 

(1) Section 2(a) (33 U.S.C. 1501(a)). 

(2) Section 4(a) (33 U.S.C. 1503(a)). 

(3) Section 21(a) (33 U.S.C. 1520(a)).

(b) DEFINITIONS.—Section 3 of the Deepwater Port Act of 1974 

(33 U.S.C. 1502) is amended—

(1) by redesignating paragraphs (13) through (18) as paragraphs (14) through (19), respectively;

(2) by amending paragraph (9) to read as follows: 

‘‘(9) ‘deepwater port’—

‘‘(A) means any fixed or floating manmade structure 

other than a vessel, or any group of such structures, that 

are located beyond State seaward boundaries and that are 

used or intended for use as a port or terminal for the transportation, storage, or further handling of oil or natural gas 

for transportation to any State, except as otherwise provided in section 23, and for other uses not inconsistent with 

the purposes of this Act, including transportation of oil or 

natural gas from the United States outer continental shelf; 

‘‘(B) includes all components and equipment, including 

pipelines, pumping stations, service platforms, buoys, mooring lines, and similar facilities to the extent they are located seaward of the high water mark; 

‘‘(C) in the case of a structure used or intended for such 

use with respect to natural gas, includes all components 

and equipment, including pipelines, pumping or compressor stations, service platforms, buoys, mooring lines, 

and similar facilities that are proposed or approved for 

construction and operation as part of a deepwater port, to 

the extent that they are located seaward of the high water 

mark and do not include interconnecting facilities; and 

‘‘(D) shall be considered a ‘new source’ for purposes of 

the Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal 

Water Pollution Control Act, (33 U.S.C. 1251 et seq.);’’; and

(3) by inserting after paragraph (12) the following: 

‘‘(13) ‘natural gas’ means either natural gas unmixed, or 

any mixture of natural or artificial gas, including compressed 

or liquefied natural gas;’’. 

(c) FACILITY APPROVAL.—

(1) Section 5(d) of the Deepwater Port Act of 1974 (33 

U.S.C. 1504(d)) is amended by adding at the end the following: 

‘‘(4) This subsection shall not apply to deepwater ports for natural gas.’’. 

(2) Section 5(i) of the Deepwater Port Act of 1974 (33 

U.S.C. 1504(i)) is amended by adding at the end the following: 

‘‘(4) The Secretary shall approve or deny any application for a 

deepwater port for natural gas submitted pursuant to this Act not 

later than 90 days after the last public hearing on a proposed liVerDate 0ct 31 2002 13:42 Nov 15, 2002 Jkt 190006 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\HR777.XXX HR777
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cense. Paragraphs (1), (2), and (3) of this subsection shall not apply 

to an application for a deepwater port for natural gas.’’. (d) FACILITY DEVELOPMENT.—Section 8 of the Deepwater Port 

Act of 1974 (33 U.S.C. 1507) is amended by adding at the end the 

following: ‘‘(d) MANAGED ACCESS.—Subsections (a) and (b) shall not apply 

to deepwater ports for natural gas. A licensee of a deepwater port 

for natural gas, or an affiliate thereof, may exclusively utilize the 

entire capacity of the deepwater port and storage facilities for the 

acceptance, transport, storage, regasification, or conveyance of natural gas produced, processed, marketed, or otherwise obtained by 

agreement by such licensee or its affiliates. The licensee may make 

unused capacity of the deepwater port and storage facilities available to other persons, pursuant to reasonable terms and conditions 

imposed by the licensee, if such use does not otherwise interfere in 

any way with the acceptance, transport, storage, regasification, or 

conveyance of natural gas produced, processed, marketed, or otherwise obtained by agreement by such licensee or its affiliates. ‘‘(e) JURISDICTION.—Notwithstanding any provision of the Natural Gas Act (15 U.S.C. 717 et seq.), any regulation or rule issued 

thereunder, or section 19 as it pertains to such Act, this Act shall 

apply with respect to the licensing, siting, construction, or operation 

of a deepwater natural gas port or the acceptance, transport, storage, regassification, or conveyance of natural gas at or through a 

deepwater port, to the exclusion of the Natural Gas Act or any regulation or rule issued thereunder.’’. (e) REGULATIONS.— (1) AGENCY AND DEPARTMENT EXPERTISE AND RESPONSIBIL- ITIES.—Not later than 30 days after the date of the enactment 

of this Act, the heads of Federal departments or agencies having 

expertise concerning, or jurisdiction over, any aspect of the construction or operation of deepwater ports for natural gas shall 

transmit to the Secretary of Transportation written comments 

as to such expertise or statutory responsibilities pursuant to the 

Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) or any 

other Federal law. 

(2) INTERIM FINAL RULE.—The Secretary may issue an interim final rule as a temporary regulation implementing this 

section (including the amendments made by this section) as 

soon as practicable after the date of enactment of this section, 

without regard to the provisions of chapter 5 of title 5, United 

States Code. 

(3) FINAL RULES.—As soon as practicable after the date of 

the enactment of this Act, the Secretary of Transportation shall 

issue additional final rules that, in the discretion of the Secretary, are determined to be necessary under the Deepwater Port 

Act of 1974 (33 U.S.C. 1501 et seq.) for the application and 

issuance of licenses for a deepwater port for natural gas. 

(f) ENVIRONMENTAL ANALYSIS.—Section 5 of the Deepwater Port 

Act of 1974 (33 U.S.C. 1504) is amended by striking subsection (f) 

and inserting the following: ‘‘(f) NEPA COMPLIANCE.—For all applications, the Secretary, in 

cooperation with other involved Federal agencies and departments, 

shall comply with the National Environmental Policy Act of 1969 

(42 U.S.C. 4332). Such compliance shall fulfill the requirement of 

26

all Federal agencies in carrying out their responsibilities under the 

National Environmental Policy Act of 1969 pursuant to this Act.’’. 

(g) STATE FEES.—Section 5(h)(2) of the Deepwater Port Act of 

1974 (33 U.S.C. 1504(h)(2)) is amended by inserting ‘‘and unless 

prohibited by law,’’ after ‘‘Notwithstanding any other provision of 

this Act,’’. 

SEC. 107. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS AND ENHANCED USE OF OTHER SECURITY PERSONNEL. 

(a) IN GENERAL.—Section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) is amended—

(1) by striking ‘‘and’’ after the semicolon in paragraph (1);

(2) by striking ‘‘terrorism.’’ in paragraph (2) and inserting 

‘‘terrorism; and’’; and 

(3) by adding at the end the following: 

‘‘(3) dispatch properly trained and qualified armed Coast 

Guard personnel on vessels and public or commercial structures 

on or adjacent to waters subject to United States jurisdiction to 

deter or respond to acts of terrorism or transportation security 

incidents, as defined in section 70101 of title 46, United States 

Code.’’. 

(b) REPORT ON USE OF NON-COAST GUARD PERSONNEL.—The 

Secretary of the department in which the Coast Guard is operating 

shall evaluate and report to the Congress on—

(1) the potential use of Federal, State, or local government 

personnel, and documented United States Merchant Marine 

personnel, to supplement Coast Guard personnel under section 

7(b)(3) of the Ports and Waterways Safety Act (33 U.S.C. 

1226(b)(3)); 

(2) the possibility of using personnel other than Coast 

Guard personnel to carry out Coast Guard personnel functions 

under that section and whether additional legal authority 

would be necessary to use such personnel for such functions; 

and 

(3) the possibility of utilizing the United States Merchant 

Marine Academy, State maritime academies, or Coast Guard 

approved maritime industry schools in the United States, to 

provide training under that section. 

SEC. 108. TECHNICAL AMENDMENTS CONCERNING THE TRANSMITTAL 

OF CERTAIN INFORMATION TO THE CUSTOMS SERVICE. 

(a) TARIFF ACT OF 1930.—Section 431A(d) of the Tariff Act of 

1930, as added by section 343(b) of the Trade Act of 2002 (Public 

Law 107–210), is amended to read as follows: 

‘‘(d) REPORTING OF UNDOCUMENTED CARGO.—

‘‘(1) IN GENERAL.—A vessel carrier shall notify the Customs 

Service of any cargo tendered to such carrier that is not properly documented pursuant to this section and that has remained in the marine terminal for more than 48 hours after 

being delivered to the marine terminal, and the location of the 

cargo in the marine terminal. 

‘‘(2) SHARING ARRANGEMENTS.—For vessel carriers that are 

members of vessel sharing agreements (or any other arrangement whereby a carrier moves cargo on another carrier’s vessel), 

the vessel carrier accepting the booking shall be responsible for 

27

reporting undocumented cargo, without regard to whether it operates the vessel on which the transportation is to be made. ‘‘(3) REASSIGNMENT TO ANOTHER VESSEL.—For purposes of 

this subsection and subsection (f), if merchandise has been tendered to a marine terminal operator and subsequently reassigned for carriage on another vessel, the merchandise shall be 

considered properly documented if the information provided reflects carriage on the previously assigned vessel and otherwise 

meets the requirements of subsection (b). Notwithstanding the 

preceding sentence, it shall be the responsibility of the vessel 

carrier to notify the Customs Service promptly of any reassignment of merchandise for carriage on a vessel other than the vessel on which the merchandise was originally assigned. ‘‘(4) MULTIPLE CONTAINERS.—If a single shipment is comprised of multiple containers, the 48-hour period described in 

paragraph (1) shall begin to run from the time the last container of the shipment is delivered to the marine terminal operator. It shall be the responsibility of the person tendering the 

cargo to inform the carrier that the shipment consists of multiple containers that will be delivered to the marine terminal 

operator at different times as part of a single shipment.’’. (b) MANDATORY ADVANCED ELECTRONIC INFORMATION.—Section 

343(a) of the Trade Act of 2002 (Public Law 107–210) is amended— (1) by striking paragraph (1) and inserting the following: 

‘‘(1) IN GENERAL.— ‘‘(A) Subject to paragraphs (2) and (3), the Secretary is 

authorized to promulgate regulations providing for the 

transmission to the Customs Service, through an electronic 

data interchange system, of information pertaining to cargo 

to be brought into the United States or to be sent from the 

United States, prior to the arrival or departure of the 

cargo. ‘‘(B) The Secretary shall endeavor to promulgate an 

initial set of regulations under subparagraph (A) not later 

than October 1, 2003.’’. 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) INFORMATION REQUIRED.—The cargo information required by the regulations promulgated pursuant to paragraph 

(1) under the parameters set forth in paragraph (3) shall be 

such information on cargo as the Secretary determines to be 

reasonably necessary to ensure cargo safety and security pursuant to those laws enforced and administered by the Customs 

Service. The Secretary shall provide to appropriate Federal departments and agencies cargo information obtained pursuant to 

paragraph (1).’’; and 

(3) in paragraph (3)— (A) by striking ‘‘aviation, maritime, and surface transportation safety and security’’ in subparagraphs (F), (H), 

and (L)(ii) and inserting ‘‘cargo safety and security’’; 

(B) in subparagraph (F)—

(i) by inserting ‘‘merchandise’’ after ‘‘determining’’; 

(ii) by inserting ‘‘and preventing smuggling’’ after 

‘‘security’’; and 

(iii) by adding at the end the following: 

‘‘Notwithstanding the preceding sentence, nothing in 

28

this section shall be treated as amending, repealing, or 

otherwise modifying title IV of the Tariff Act of 1930 

or regulations promulgated thereunder.’’;

(C) in subparagraph (G)— (i) in the first sentence— (I) by inserting ‘‘cargo’’ after ‘‘confidential’’; 

and 

(II) by inserting after ‘‘Customs Service’’ the 

following: ‘‘pursuant to such regulations, except for 

the manifest information collected pursuant to section 431 of the Tariff Act of 1930 and required to 

be available for public disclosure pursuant to section 431(c) of such Act.’’; and 

(ii) by striking the second sentence; and 

(D) in subparagraph (L)— (i) in the matter preceding clause (i)— (I) by striking ‘‘60’’ and inserting ‘‘15’’; and 

(II) by striking ‘‘promulgation of regulations’’ and inserting ‘‘publication of a final rule pursuant 

to this section’’; 

(ii) by striking ‘‘and’’ at the end of clause (iii); 

(iii) by striking the period and inserting ‘‘; and’’ at 

the end of clause (iv); and 

(iv) by inserting at the end the following: 

‘‘(v) if the Secretary determines to amend the proposed regulations after they have been transmitted to 

the Committees pursuant to this subparagraph, the 

Secretary shall transmit the amended regulations to 

such Committees no later than 5 days prior to the publication of the final rule.’’. (c) REPEAL.—Section 343A of the Trade Act of 2002 (116 Stat. 

985) is repealed. 

SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING. 

(a) IN GENERAL.— (1) DEVELOPMENT OF STANDARDS.—Not later than 6 

months after the date of enactment of this Act, the Secretary of 

Transportation shall develop standards and curriculum to 

allow for the training and certification of maritime security professionals. In developing these standards and curriculum, the 

Secretary shall consult with the National Maritime Security 

Advisory Committee established under section 70112 of title 46, 

United States Code, as amended by this Act. 

(2) SECRETARY TO CONSULT ON STANDARDS.—In developing 

standards under this section, the Secretary may, without regard 

to the Federal Advisory Committee Act (5 U.S.C. App.), consult 

with the Federal Law Enforcement Training Center, the United 

States Merchant Marine Academy’s Global Maritime and 

Transportation School, the Maritime Security Council, the 

International Association of Airport and Port Police, the National Cargo Security Council, and any other Federal, State, or 

local government or law enforcement agency or private organization or individual determined by the Secretary to have pertinent expertise. 

(b) MINIMUM STANDARDS.—The standards established by the 

Secretary under subsection (a) shall include the following elements: 

29

(1) The training and certification of maritime security professionals in accordance with accepted law enforcement and security guidelines, policies, and procedures, including, as appropriate, recommendations for incorporating a background check 

process for personnel trained and certified in foreign ports. 

(2) The training of students and instructors in all aspects 

of prevention, detection, investigation, and reporting of criminal 

activities in the international maritime environment. 

(3) The provision of off-site training and certification 

courses and certified personnel at United States and foreign 

ports used by United States-flagged vessels, or by foreignflagged vessels with United States citizens as passengers or 

crewmembers, to develop and enhance security awareness and 

practices. 

(c) TRAINING PROVIDED TO LAW ENFORCEMENT AND SECURITY

PERSONNEL.— (1) IN GENERAL.—The Secretary is authorized to make the 

training opportunities provided under this section available to 

any Federal, State, local, and private law enforcement or maritime security personnel in the United States or to personnel employed in foreign ports used by vessels with United States citizens as passengers or crewmembers. 

(2) ACADEMIES AND SCHOOLS.—The Secretary may provide 

training under this section at— (A) each of the 6 State maritime academies; 

(B) the United States Merchant Marine Academy; 

(C) the Appalachian Transportation Institute; and 

(D) other security training schools in the United States. 

(d) USE OF CONTRACT RESOURCES.—The Secretary may employ 

Federal and contract resources to train and certify maritime security professionals in accordance with the standards and curriculum 

developed under this Act. 

(e) ANNUAL REPORT.—The Secretary shall transmit an annual 

report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the expenditure of appropriated funds 

and the training under this section. 

(f) AUTHORIZATION OF APPROPRIATIONS—There are authorized 

to be appropriated to the Secretary to carry out this section 

$5,500,000 for each of fiscal years 2003 through 2008. 

SEC. 110. ADDITIONAL REPORTS. 

(a) ANNUAL REPORT ON MARITIME SECURITY AND TERRORISM.—

Section 905 of the International Maritime and Port Security Act (46 

U.S.C. App. 1802) is amended by adding at the end thereof the following: ‘‘Beginning with the first report submitted under this section after the date of enactment of the Maritime Transportation Security Act of 2002, the Secretary shall include a description of activities undertaken under title I of that Act and an analysis of the 

effect of those activities on port security against acts of terrorism.’’. 

(b) REPORT ON TRAINING CENTER.—The Commandant of the 

United States Coast Guard, in conjunction with the Secretary of the 

Navy, shall submit to Congress a report, at the time they submit 

their fiscal year 2005 budget, on the life cycle costs and benefits of 

creating a Center for Coastal and Maritime Security. The purpose 

of the Center would be to provide an integrated training complex to 

30

prevent and mitigate terrorist threats against coastal and maritime 

assets of the United States, including ports, harbors, ships, dams, 

reservoirs, and transport nodes. 

(c) REPORT ON SECURE SYSTEM OF TRANSPORTATION PROGRAM.—Within one year after the secure system of transportation 

program is implemented under section 70116 of title 46, United 

States Code, as amended by this Act, the Secretary of the department in which the Coast Guard is operating shall transmit a report 

to the Senate Committees on Commerce, Science, and Transportation and Finance and the House of Representatives Committees on 

Transportation and Infrastructure and Ways and Means that—

(1) evaluates the secure system of transportation program 

and its components; 

(2) states the Secretary’s view as to whether any procedure, 

system, or technology evaluated as part of the program offers a 

higher level of security than requiring imported goods to clear 

customs under existing procedures and for the requirements of 

the National Maritime Security Plan for reopening of United 

States ports to commerce; 

(3) states the Secretary’s view as to the integrity of the procedures, technology, or systems evaluated as part of the program; 

(4) makes a recommendation with respect to whether the 

program, or any procedure, system, or technology should be incorporated in a nationwide system for preclearance of imports 

of waterborne goods and for the requirements of the National 

Maritime Security Plan for the reopening of United States ports 

to commerce; 

(5) describes the impact of the program on staffing levels at 

the department in which the Coast Guard is operating, and the 

Customs Service; and 

(6) states the Secretary’s views as to whether there is a 

method by which the United States could validate foreign ports 

so that cargo from those ports is preapproved for entry into the 

United States and for the purpose of the requirements of the 

National Maritime Security Plan for the reopening of United 

States ports to commerce. 

SEC. 111. PERFORMANCE STANDARDS. 

Not later than January 1, 2004, the Secretary of the department 

in which the Coast Guard is operating, in consultation with the 

Transportation Security Oversight Board, shall— (1) develop and maintain an antiterrorism cargo identification, tracking, and screening system for containerized cargo 

shipped to and from the United States either directly or via a 

foreign port; and 

(2) develop performance standards to enhance the physical 

security of shipping containers, including standards for seals 

and locks.

SEC. 112. REPORT ON FOREIGN-FLAG VESSELS. 

Within 6 months after the date of enactment of this Act and 

every year thereafter, the Secretary of the department in which the 

Coast Guard is operating, in consultation with the Secretary of 

State, shall provide a report to the Committee on Commerce, 

Science, and Transportation of the Senate, and the Committee on 

31

Transportation and Infrastructure of the House of Representatives 

that lists the following information: 

(1) A list of all nations whose flag vessels have entered 

United States ports in the previous year. 

(2) Of the nations on that list, a separate list of those nations—

(A) whose registered flag vessels appear as Priority III 

or higher on the Boarding Priority Matrix maintained by 

the Coast Guard; 

(B) that have presented, or whose flag vessels have presented, false, intentionally incomplete, or fraudulent information to the United States concerning passenger or cargo 

manifests, crew identity or qualifications, or registration or 

classification of their flag vessels; 

(C) whose vessel registration or classification procedures have been found by the Secretary to be noncompliant 

with international classifications or do not exercise adequate control over safety and security concerns; or 

(D) whose laws or regulations are not sufficient to 

allow tracking of ownership and registration histories of 

registered flag vessels. 

(3) Actions taken by the United States, whether through domestic action or international negotiation, including agreements 

at the International Maritime Organization under section 902 

of the International Maritime and Port Security Act (46 U.S.C. 

App. 1801), to improve transparency and security of vessel registration procedures in nations on the list under paragraph (2). 

(4) Recommendations for legislative or other actions needed 

to improve security of United States ports against potential 

threats posed by flag vessels of nations named in paragraph (2). 

SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE. 

The Secretary of Transportation, acting through the Maritime 

Administration and after consultation with the National Maritime 

Security Advisory Committee and the Coast Guard, shall publish a 

revised version of the document entitled ‘‘Port Security: A National 

Planning Guide’’, incorporating the requirements prescribed under 

chapter 701 of title 46, United States Code, as amended by this Act, 

within 3 years after the date of enactment of this Act, and make 

that revised document available on the Internet.

TITLE II—MARITIME POLICY 

IMPROVEMENT

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Maritime Policy Improvement 

Act of 2002’’. 

SEC. 202. VESSEL COASTAL VENTURE. 

Section 1120(g) of the Coast Guard Authorization Act of 1996 

(Public Law 104–324; 110 Stat. 3978) is amended by inserting 

‘‘COASTAL VENTURE (United States official number 971086),’’

after ‘‘vessels’’. 

32

SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL 

WALL OF HONOR. 

(a) FINDINGS.—The Congress finds that— (1) the United States Merchant Marine has served the people of the United States in all wars since 1775; 

(2) the United States Merchant Marine served as the Nation’s first navy and defeated the British Navy to help gain the 

Nation’s independence; 

(3) the United States Merchant Marine kept the lifeline of 

freedom open to the allies of the United States during the Second World War, making one of the most significant contributions made by any nation to the victory of the allies in that war; 

(4) President Franklin D. Roosevelt and many military 

leaders praised the role of the United States Merchant Marine 

as the ‘‘Fourth Arm of Defense’’ during the Second World War; 

(5) more than 250,000 men and women served in the 

United States Merchant Marine during the Second World War; 

(6) during the Second World War, members of the United 

States Merchant Marine faced dangers from the elements and 

from submarines, mines, armed raiders, destroyers, aircraft, 

and ‘‘kamikaze’’ pilots; 

(7) during the Second World War, at least 6,830 members 

of the United States Merchant Marine were killed at sea; 

(8) during the Second World War, 11,000 members of the 

United States Merchant Marine were wounded, at least 1,100 

of whom later died from their wounds; 

(9) during the Second World War, 604 members of the 

United States Merchant Marine were taken prisoner; 

(10) 1 in 32 members of the United States Merchant Marine serving in the Second World War died in the line of duty, 

suffering a higher percentage of war-related deaths than any of 

the other armed services of the United States; and 

(11) the United States Merchant Marine continues to serve 

the United States, promoting freedom and meeting the high 

ideals of its former members. 

(b) GRANTS TO CONSTRUCT ADDITION TO AMERICAN MERCHANT

MARINE MEMORIAL WALL OF HONOR.—

(1) IN GENERAL.—The Secretary of Transportation may 

make grants to the American Merchant Marine Veterans Memorial Committee, Inc., to construct an addition to the American 

Merchant Marine Memorial Wall of Honor located at the Los 

Angeles Maritime Museum in San Pedro, California. 

(2) FEDERAL SHARE.—The Federal share of the cost of activities carried out with a grant made under this section shall 

be 50 percent. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $500,000 for 

fiscal year 2003.

SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE. 

Notwithstanding any other provision of law, the discharge from 

a vessel of any agricultural cargo residue material in the form of 

hold washings shall be governed exclusively by the provisions of the 

Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) that 

implement Annex V to the International Convention for the Prevention of Pollution from Ships. 

33

SEC. 205. RECORDING AND DISCHARGING NOTICES OF CLAIM OF MARITIME LIEN. 

(a) LIENS ON ANY DOCUMENTED VESSEL.—

(1) IN GENERAL.—Section 31343 of title 46, United States 

Code, is amended as follows: 

(A) By amending the section heading to read as follows: 

‘‘§ 31343. Recording and discharging notices of claim of maritime lien’’. 

(B) In subsection (a) by striking ‘‘covered by a preferred 

mortgage filed or recorded under this chapter’’ and inserting ‘‘documented, or for which an application for documentation has been filed, under chapter 121’’. 

(C) By amending subsection (b) to read as follows: 

‘‘(b)(1) The Secretary shall record a notice complying with subsection (a) of this section if, when the notice is presented to the Secretary for recording, the person having the claim files with the notice a declaration stating the following:

‘‘(A) The information in the notice is true and correct to the 

best of the knowledge, information, and belief of the individual 

who signed it.

‘‘(B) A copy of the notice, as presented for recordation, has 

been sent to each of the following: 

‘‘(i) The owner of the vessel. 

‘‘(ii) Each person that recorded under subsection (a) of 

this section an unexpired notice of a claim of an 

undischarged lien on the vessel. 

‘‘(iii) The mortgagee of each mortgage filed or recorded 

under section 31321 of this title that is an undischarged 

mortgage on the vessel. 

‘‘(2) A declaration under this subsection filed by a person that 

is not an individual must be signed by the president, member, partner, trustee, or other individual authorized to execute the declaration on behalf of the person.’’. 

(D) By amending subsection (c) to read as follows: 

‘‘(c)(1) On full and final discharge of the indebtedness that is 

the basis for a notice of claim of lien recorded under subsection (b) 

of this section, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate. 

‘‘(2) The district courts of the United States shall have jurisdiction over a civil action in Admiralty to declare that a vessel is not 

subject to a lien claimed under subsection (b) of this section, or that 

the vessel is not subject to the notice of claim of lien, or both, regardless of the amount in controversy or the citizenship of the parties. Venue in such an action shall be in the district where the vessel 

is found or where the claimant resides or where the notice of claim 

of lien is recorded. The court may award costs and attorneys fees 

to the prevailing party, unless the court finds that the position of 

the other party was substantially justified or other circumstances 

make an award of costs and attorneys fees unjust. The Secretary 

shall record any such declaratory order.’’. 

(E) By adding at the end the following: 

34

‘‘(e) A notice of claim of lien recorded under subsection (b) of 

this section shall expire 3 years after the date the lien was established, as such date is stated in the notice under subsection (a) of 

this section. 

‘‘(f) This section does not alter in any respect the law pertaining 

to the establishment of a maritime lien, the remedy provided by 

such a lien, or the defenses thereto, including any defense under the 

doctrine of laches.’’. 

(2) CLERICAL AMENDMENT.—The table of sections for chapter 313 of title 46, United States Code, is amended by striking 

the item relating to section 31343 and inserting the following:

‘‘31343. Recording and discharging notices of claim of maritime lien.’’.

(b) NOTICE REQUIREMENTS.—Section 31325 of title 46, United 

States Code, is amended as follows: 

(1) In subsection (d)(1)(B) by striking ‘‘a notice of a claim’’

and inserting ‘‘an unexpired notice of a claim’’. 

(2) In subsection (f)(1) by striking ‘‘a notice of a claim’’ and 

inserting ‘‘an unexpired notice of a claim’’. 

(c) APPROVAL OF SURRENDER OF DOCUMENTATION.—Section 

12111 of title 46, United States Code, is amended by adding at the 

end the following: 

‘‘(d)(1) The Secretary shall not refuse to approve the surrender 

of the certificate of documentation for a vessel solely on the basis 

that a notice of a claim of a lien on the vessel has been recorded 

under section 31343(a) of this title. 

‘‘(2) The Secretary may condition approval of the surrender of 

the certificate of documentation for a vessel over 1,000 gross tons.’’. 

(d) TECHNICAL CORRECTION.—Section 9(c) of the Shipping Act, 

1916 (46 App. U.S.C. 808(c)) is amended in the matter preceding 

paragraph (1) by striking ‘‘Except’’ and all that follows through 

‘‘12106(e) of title 46,’’ and inserting ‘‘Except as provided in section 

611 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1181) and 

in section 12106(e) of title 46,’’. 

(e) EFFECTIVE DATE.—This section shall take effect January 1, 

2003. 

SEC. 206. TONNAGE OF R/V DAVIDSON. 

(a) IN GENERAL.—The Secretary of the department in which the 

Coast Guard is operating shall prescribe a tonnage measurement as 

a small passenger vessel as defined in section 2101 of title 46, 

United States Code, for the vessel R/V DAVIDSON (United States 

official number D1066485) for purposes of applying the optional 

regulatory measurement under section 14305 of that title. 

(b) APPLICATION.—Subsection (a) shall apply only when the vessel is operating in compliance with the requirements of section 

3301(8) of title 46, United States Code. 

SEC. 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION. 

(a) IN GENERAL.—Notwithstanding section 27 of the Merchant 

Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June 

19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289), and sections 12106 and 12108 of title 46, United States Code, the Secretary 

of the department in which the Coast Guard is operating may issue 

a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the following vessels: 

35

(1) LOOKING GLASS (United States official number 

925735). 

(2) YANKEE (United States official number 1076210). 

(3) LUCKY DOG of St. Petersburg, Florida (State of Florida registration number FLZP7569E373). 

(4) ENTERPRIZE (United States official number 1077571). 

(5) M/V SANDPIPER (United States official number 

1079439). 

(6) FRITHA (United States official number 1085943). 

(7) PUFFIN (United States official number 697029). 

(8) VICTORY OF BURNHAM (United States official number 663780). 

(9) R’ADVENTURE II (United States official number 

905373).

(10) ANTJA (State of Florida registration number 

FL3475MA). 

(11) SKIMMER, manufactured by Contour Yachts, Inc. 

(hull identification number QHG34031D001). 

(12) TOKEENA (State of South Carolina registration number SC 1602 BJ). 

(13) DOUBLE EAGLE 2 (United States official number 

1042549). 

(14) ENCOUNTER (United States official number 998174). 

(15) AJ (United States official number 599164). 

(16) BARGE 10 (United States official number 1101368). 

(17) NOT A SHOT (United States official number 911064). 

(18) PRIDE OF MANY (Canadian official number 811529). 

(19) AMAZING GRACE (United States official number 

92769). 

(20) SHEWHO (United States official number 1104094). 

(21) SOVEREIGN (United States official number 1028144). 

(22) CALEDONIA (United States official number 679530). 

(23) ISLANDER (State of South Carolina identification 

number SC 9279 BJ). 

(24) F/V ANITA J (United States official number 560532). 

(25) F/V HALF MOON BAY (United States official number 

615796). 

(26) F/V SUNSET BAY (United States official number 

598484). 

(27) BILLIE–B (United States official number 958427).

(b) ELIGIBILITY FOR ADMINISTRATIVE WAIVERS.—The following 

vessels are deemed to be eligible vessels within the meaning of section 504(2) of the Coast Guard Authorization Act of 1998 (46 U.S.C. 

12106 note): 

(1) EXCELLENCE III (hull identification number 

HQZ00255K101). 

(2) ADIOS (hull identification number FAL75003A101). 

(3) LAUDERDALE LADY (United States official number 

1103520). 

(4) UNIT ONE (United States official number 1128562). 

(c) REPEAL OF JONES ACT WAIVER ADMINISTRATIVE PROCESS

SUNSET; ANTI-FRAUD REVOCATION AUTHORITY.— (1) REPEAL OF SUNSET.—Section 505 of the Coast Guard 

Authorization Act of 1998 (46 U.S.C. 12106 note) is repealed. 

The repeal of section 505 shall have no effect on the validity of 

36

any certificate or endorsement issued under section 502 of that 

Act. 

(2) REVOCATION FOR FRAUD.—Section 503 of the Coast 

Guard Authorization Act of 1998 (46 U.S.C. 12106 note) is 

amended to read as follows: 

‘‘SEC. 503. REVOCATION. 

‘‘(a) REVOCATION FOR FRAUD.—The Secretary shall revoke a certificate or an endorsement issued under section 502, after notice and 

an opportunity for a hearing, if the Secretary determines that the 

certificate or endorsement was obtained by fraud. ‘‘(b) APPLICATION WITH CRIMINAL PENALTIES.—Nothing in this 

section affects— ‘‘(1) the criminal prohibition on fraud and false statements 

provided by section 1001 of title 18, United States Code; or ‘‘(2) any other authority of the Secretary to revoke a certificate or endorsement issued under section 502 of this Act.’’. (d) TECHNOLOGY DEMONSTRATION WAIVER.—Notwithstanding 

section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), 

section 8 of the Act of June 19, 1886 (24 Stat. 81, chapter 421; 46 

U.S.C. App. 289), and sections 12106 and 12108 of title 46, United 

States Code, the Secretary of Transportation may issue a certificate 

of documentation with appropriate endorsement for the sole purpose 

of technology demonstrations (including transporting guests for 

such demonstration who have not contributed consideration for 

their passage) for the vessel FOILCAT (United States official number 1063892).

SEC. 208. EXEMPTION FOR VICTORY SHIPS. 

Section 3302(l)(1) of title 46, United States Code, is amended by 

adding at the end the following: 

‘‘(D) The SS Red Oak Victory (United States official number 249410), owned by the Richmond Museum Association, located in Richmond, California. 

‘‘(E) The SS American Victory (United States official number 248005), owned by Victory Ship, Inc., of Tampa, Florida. 

‘‘(F) The LST–325, owned by USS LST Ship Memorial, Incorporated, located in Mobile, Alabama.’’. 

SEC. 209. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES. 

(a) DOCUMENTATION CERTIFICATE.—Notwithstanding section 

12106 of title 46, United States Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), and subject to subsection (c) of this section, the Secretary of the department in which 

the Coast Guard is operating may issue a certificate of documentation with an appropriate endorsement for employment in the coastwise trade for each of the vessels listed in subsection (b). 

(b) VESSELS DESCRIBED.—The vessels referred to in subsection 

(a) are the following: 

(1) The former Navy deck barge JIM, having a length of 

110 feet and a width of 34 feet. 

(2) The former railroad car barge HUGH, having a length 

of 185 feet and a width of 34 feet. 

(3) The former railroad car barge TOMMY, having a length 

of 185 feet and a width of 34 feet. 

(c) LIMITATION ON OPERATION.—A vessel issued a certificate of 

documentation under this section may be used only as a floating 

37

platform for launching fireworks, including transportation of materials associated with that use. 

SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE. 

Notwithstanding section 27 of the Merchant Marine Act, 1920 

(46 App. U.S.C. 883), chapter 121 of title 46, United States Code, 

and section 1 of the Act of May 28, 1906 (46 App. U.S.C. 292), the 

Secretary of the department in which the Coast Guard is operating 

shall issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel EAGLE 

(hull number BK–1754, United States official number 1091389) if 

the vessel is—

(1) owned by a State, a political subdivision of a State, or 

a public authority chartered by a State; 

(2) if chartered, chartered to a State, a political subdivision 

of a State, or a public authority chartered by a State; 

(3) operated only in conjunction with—

(A) scour jet operations; or 

(B) dredging services adjacent to facilities owned by the 

State, political subdivision, or public authority; and 

(4) externally identified clearly as a vessel of that State, 

subdivision, or authority.

SEC. 211. WAIVER FOR VESSELS IN NEW WORLD CHALLENGE RACE. 

Notwithstanding section 8 of the Act of June 19, 1886 (46 App. 

U.S.C. 289), beginning on April 1, 2002, the 10 sailboats participating in the New World Challenge Race may transport guests, who 

have not contributed consideration for their passage, from and 

around the ports of San Francisco and San Diego, California, before 

and during stops of that race. This section shall have no force or 

effect beginning on the earlier of—

(1) 60 days after the last competing sailboat reaches the 

end of that race in San Francisco, California; or 

(2) December 31, 2003.

SEC. 212. VESSEL ASPHALT COMMANDER. 

Notwithstanding any other law or agreement with the United 

States Government, the vessel ASPHALT COMMANDER (United 

States official number 663105) may be transferred to or placed 

under a foreign registry or sold to a person that is not a citizen of 

the United States and transferred to or placed under a foreign registry.

SEC. 213. COASTWISE TRADE AUTHORIZATION. 

(a) IN GENERAL.—Notwithstanding section 27 of the Merchant 

Marine Act, 1920 (46 App. U.S.C. 883), or any other provision of 

law restricting the operation of a foreign-built vessel in the coastwise trade of the United States, the following vessels may, subject 

to subsection (b), engage in the coastwise trade of the United States 

to transport platform jackets from ports in the Gulf of Mexico to 

sites on the Outer Continental Shelf for completion of certain offshore projects as follows: 

(1) The H–114, H–627, I–650, and H–851 for the projects 

known as Atlantis, Thunderhorse, Holstein, and Mad Dog. 

(2) The I–600 for the projects known as Murphy Medusa, 

Dominion Devil’s Tower, and Murphy Front Runner. 

38

(b) PRIORITY FOR U.S.-BUILT VESSELS.—Subsection (a) shall 

not apply in instances where a United States-built, United Statesdocumented vessel with the capacity to transport and launch the 

platform jacket involved or its components is available to transport 

that jacket or its components. In this section, the term ‘‘platform 

jacket’’ has the meaning given that term under the thirteenth proviso of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 

883), as amended by subsection (c) of this section. 

(c) DEFINITION.—The thirteenth proviso (pertaining to transportation by launch barge) of section 27 of the Merchant Marine Act, 

1920 (46 App. U.S.C. 883), is amended by striking the period at the 

end and inserting the following: ‘‘; and for the purposes of this proviso, the term ‘platform jacket’ includes any type of offshore drilling 

or production structure or components, including platform jackets, 

tension leg or SPAR platform superstructures (including the deck, 

drilling rig and support utilities, and supporting structure) hull 

(including vertical legs and connecting pontoons or vertical cylinder), tower and base sections of a platform jacket, jacket structures, and deck modules (known as ‘topsides’) of a hydrocarbon development and production platform.’’.

SEC. 214. JONES ACT WAIVER FOR DELAYED VESSEL DELIVERY. 

(a) IN GENERAL.—Notwithstanding section 27 of the Merchant 

Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 

19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 289), and sections 12106 and 12108 of title 46, United States Code, the Secretary 

of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for a 

self-propelled tank vessel not built in the United States as provided 

in this section. 

(b) WAIVER REQUIREMENTS.—The Secretary may not grant a 

waiver under subsection (a) unless—

(1) the person requesting the waiver is a party to a binding 

legal contract, executed within 24 months after the date of enactment of this Act, with a United States shipyard for the construction in the United States of a self-propelled tank vessel; 

(2) the Secretary determines, on the basis of the terms of the 

contract, the parties to the contract, the actions of those parties 

in connection with the contract, and the circumstances under 

which the contract was executed, that the parties are making a 

bona fide effort to construct in the United States and deliver a 

self-propelled tank vessel in a timely manner; 

(3) the vessel for which the waiver is granted will meet otherwise applicable requirements of law regarding ownership and 

operation for vessels employed in the coastwise trade; 

(4) the shipyard owns a facility with sufficient infrastructure to construct the self-propelled tank vessel; 

(5) the self-propelled tank vessel that is the subject of that 

contract will not be available for use on the contracted delivery 

date because of a delay in the construction or delivery of the 

vessel due to unusual circumstances; and 

(6) the Secretary determines that no other suitable tank vessel or vessels, or tank vessel capacity, that would not require 

such a waiver are reasonably available to the person requesting 

the waiver. 

39

Prior to making the determination under paragraph (6), the Secretary shall provide public notice of a waiver request and shall provide persons who may have such suitable tank vessels an opportunity to indicate to the requester and the Secretary the particulars 

of available tank vessels or tank vessel capacity not requiring a 

waiver under this section. 

(c) LIMITATIONS.—

(1) CAPACITY OF TANK VESSEL.—The Secretary may not 

grant a waiver under subsection (a) for a self-propelled tank 

vessel that has substantially greater capacity than the vessel described in subsection (b)(1). 

(2) MAXIMUM DURATION OF WAIVER.—The Secretary may 

not grant a waiver under subsection (a) for a period prior to, 

or extending more than 48 months after, the original contract 

delivery date of the vessel described in subsection (b)(1). 

(3) MAXIMUM NUMBER OF WAIVERS.—The Secretary may 

grant waivers under subsection (a) for not more than 3 self-propelled tank vessels. 

(d) DETERMINATION OF WAIVER.—

(1) IN GENERAL.—A waiver grant under subsection (a) shall 

terminate on the earlier of—

(A) the date established by the Secretary as its expiration date under subsection (c)(2); or 

(B) the date that is 60 days after the day on which the 

vessel described in subsection (b)(1) is delivered. 

(2) TERMINATION FOR INTENTIONAL DELAY.—The Secretary 

may terminate a waiver granted under subsection (a) at any 

time if the Secretary determines that the delay in the construction or delivery of the vessel described in the subsection (b)(1) 

is no longer due to unusual circumstances. 

(e) SUSPENSION OF WAIVER.—The Secretary may suspend a 

waiver granted under subsection (a) for any period of time if the 

Secretary determines that a suitable tank vessel, or suitable tank 

vessel capacity, that would not require such a waiver is reasonably 

available to the person requesting the waiver. 

(f) CONTRACTED-FOR VESSEL DELIVERY.—If the Secretary grants 

a waiver under subsection (a), the shipyard constructing the vessel 

described in subsection (b)(1) shall deliver the vessel, constructed in 

accordance with the terms of the contract, as soon as practicable 

after the delivery date established by the contract. 

(g) UNUSUAL CIRCUMSTANCES DEFINED.—In this section, the 

term ‘‘unusual circumstances’’ means bankruptcy of the shipyard or 

Acts of God (other than ordinary storms or inclement weather conditions), labor strikes, acts of sabotage, explosions, fires, or vandalism, 

and similar circumstances beyond the control of the parties to the 

contract which prevent commencement of construction, or timely delivery or completion, of a vessel. 

SEC. 215. REALIGNMENT OF POLICY RESPONSIBILITY IN THE DEPARTMENT OF TRANSPORTATION. 

(a) IN GENERAL.—Section 102 of title 49, United States Code, 

is amended by—

(1) redesignating subsection (d) as subsection (g), and moving such subsection to appear after subsection (f); 

(2) inserting after subsection (c) the following: 

40

‘‘(d) The Department has an Under Secretary of Transportation 

for Policy appointed by the President, by and with the advice and 

consent of the Senate. The Under Secretary shall provide leadership 

in the development of policy for the Department, supervise the policy 

activities of Assistant Secretaries with primary responsibility for 

aviation, international, and other transportation policy development 

and carry out other powers and duties prescribed by the Secretary. 

The Under Secretary acts for the Secretary when the Secretary and 

the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant.’’; and 

(3) by striking ‘‘Secretary and the Deputy Secretary’’ each 

place it appears in the last sentence of subsection (f), as redesignated, and inserting ‘‘Secretary, Deputy Secretary, and Under 

Secretary of Transportation for Policy’’. 

(b) POSITION IN EXECUTIVE SERVICE.—Section 5313 of title 5, 

United States Code, is amended by adding at the end the following: 

‘‘Under Secretary of Transportation for Policy.’’. 

(c) CONFORMING AMENDMENT.—Section 102 of title 49, United 

States Code, is further amended by striking subsection (g), as redesignated by subsection (a)(1), on the date that an individual is appointed to the position of Under Secretary of Transportation for Policy under subsection (d) of such section, as added by subsection 

(a)(2) of this section.

TITLE III—COAST GUARD PERSONNEL 

AND MARITIME SAFETY 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘Coast Guard Personnel and Maritime Safety Act of 2002’’. 

Subtitle A—Personnel Management 

SEC. 311. COAST GUARD BAND DIRECTOR RANK. 

Section 336(d) of title 14, United States Code, is amended by 

striking ‘‘commander’’ and inserting ‘‘captain’’. 

SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY. 

(a) IN GENERAL.—Section 511 of title 14, United States Code, 

is amended to read as follows: 

‘‘§ 511. Compensatory absence from duty for military personnel at isolated duty stations 

‘‘The Secretary may grant compensatory absence from duty to 

military personnel of the Coast Guard serving at isolated duty stations of the Coast Guard when conditions of duty result in confinement because of isolation or in long periods of continuous duty.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 13 

of title 14, United States Code, is amended by striking the item relating to section 511 and inserting the following:

‘‘511. Compensatory absence from duty for military personnel at isolated duty stations.’’.

41

SEC. 313. ACCELERATED PROMOTION OF CERTAIN COAST GUARD OFFICERS. 

Title 14, United States Code, is amended—

(1) in section 259, by adding at the end the following: 

‘‘(c)(1) After selecting the officers to be recommended for promotion, a selection board may recommend officers of particular 

merit, from among those officers chosen for promotion, to be placed 

at the top of the list of selectees promulgated by the Secretary under 

section 271(a) of this title. The number of officers that a board may 

recommend to be placed at the top of the list of selectees may not 

exceed the percentages set forth in subsection (b) unless such a percentage is a number less than one, in which case the board may recommend one officer for such placement. No officer may be recommended to be placed at the top of the list of selectees unless he 

or she receives the recommendation of at least a majority of the 

members of a board composed of five members, or at least twothirds of the members of a board composed of more than five members. 

‘‘(2) The Secretary shall conduct a survey of the Coast Guard 

officer corps to determine if implementation of this subsection will 

improve Coast Guard officer retention. A selection board may not 

make any recommendation under this subsection before the date on 

which the Secretary publishes a finding, based upon the results of 

the survey, that implementation of this subsection will improve 

Coast Guard officer retention. 

‘‘(3) The Secretary shall submit any finding made by the Secretary pursuant to paragraph (2) to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate.’’; 

(2) in section 260(a), by inserting ‘‘and the names of those 

officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 271(a) of this 

title’’ after ‘‘promotion’’; and 

(3) in section 271(a), by inserting at the end the following: 

‘‘The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the 

order of seniority on the active duty promotion list.’’.

Subtitle B—Marine Safety 

SEC. 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TOBRIDGE RADIOTELEPHONE ACT. 

Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone Act 

(33 U.S.C. 1203(b)), is amended by striking ‘‘United States inside 

the lines established pursuant to section 2 of the Act of February 19, 

1895 (28 Stat. 672), as amended.’’ and inserting ‘‘United States, 

which includes all waters of the territorial sea of the United States 

as described in Presidential Proclamation 5928 of December 27, 

1988.’’. 

SEC. 322. MODIFICATION OF VARIOUS REPORTING REQUIREMENTS. 

(a) TERMINATION OF OIL SPILL LIABILITY TRUST FUND ANNUAL

REPORT.—The report regarding the Oil Spill Liability Trust Fund 

42

required by the Conference Report (House Report 101–892) accompanying the Department of Transportation and Related Agencies 

Appropriations Act, 1991, as that requirement was amended by section 1122 of the Federal Reports Elimination and Sunset Act of 

1995 (Public Law 104–66), shall no longer be submitted to the Congress. 

(b) PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.—

Section 3003(a)(1) of the Federal Reports Elimination and Sunset 

Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required to be submitted under any of the following provisions of law: 

(1) COAST GUARD OPERATIONS AND EXPENDITURES.—Section 

651 of title 14, United States Code. 

(2) SUMMARY OF MARINE CASUALTIES REPORTED DURING

PRIOR FISCAL YEAR.—Section 6307(c) of title 46, United States 

Code. 

(3) USER FEE ACTIVITIES AND AMOUNTS.—Section 664 of 

title 46, United States Code. 

(4) CONDITIONS OF PUBLIC PORTS OF THE UNITED STATES.—

Section 308(c) of title 49, United States Code.

(5) ACTIVITIES OF FEDERAL MARITIME COMMISSION.—Section 208 of the Merchant Marine Act, 1936 (46 App. U.S.C. 

1118).

(6) ACTIVITIES OF INTERAGENCY COORDINATING COMMITTEE

ON OIL POLLUTION RESEARCH.—Section 7001(e) of the Oil Pollution Act of 1990 (33 U.S.C. 2761(e)). 

SEC. 323. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND ADVANCEMENT AUTHORITY. 

Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C. 

2752(b)) is amended by inserting after the first sentence the following: ‘‘To the extent that such amount is not adequate, the Coast 

Guard may obtain an advance from the Fund of such sums as may 

be necessary, up to a maximum of $100,000,000, and within 30 

days shall notify Congress of the amount advanced and the facts 

and circumstances necessitating the advance. Amounts advanced 

shall be repaid to the Fund when, and to the extent that, removal 

costs are recovered by the Coast Guard from responsible parties for 

the discharge or substantial threat of discharge.’’. 

SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS. 

(a) INTERIM MERCHANT MARINERS’ DOCUMENTS.—Section 7302 

of title 46, United States Code, is amended—

(1) by striking ‘‘A’’ in subsection (f) and inserting ‘‘Except 

as provided in subsection (g), a’’; and 

(2) by adding at the end the following: 

‘‘(g)(1) The Secretary may, pending receipt and review of information required under subsections (c) and (d), immediately issue an 

interim merchant mariner’s document valid for a period not to exceed 120 days, to—

‘‘(A) an individual to be employed as gaming personnel, entertainment personnel, wait staff, or other service personnel on 

board a passenger vessel not engaged in foreign service, with no 

duties, including emergency duties, related to the navigation of 

the vessel or the safety of the vessel, its crew, cargo or passengers; or 

43

‘‘(B) an individual seeking renewal of, or qualifying for a 

supplemental endorsement to, a valid merchant mariner’s document issued under this section. 

‘‘(2) No more than one interim document may be issued to an 

individual under paragraph (1)(A) of this subsection.’’. 

(b) EXCEPTION.—Section 8701(a) of title 46, United States Code, 

is amended—

(1) by striking ‘‘and’’ after the semicolon in paragraph (8); 

(2) by redesignating paragraph (9) as paragraph (10); and 

(3) by inserting after paragraph (8) the following: 

‘‘(9) a passenger vessel not engaged in a foreign voyage with 

respect to individuals on board employed for a period of not 

more than 30 service days within a 12 month period as entertainment personnel, with no duties, including emergency duties, 

related to the navigation of the vessel or the safety of the vessel, 

its crew, cargo or passengers; and’’.

SEC. 325. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH SAFE OPERATION. 

Section 2302(a) of title 46, United States Code, is amended by 

striking ‘‘$1,000.’’ and inserting ‘‘$5,000 in the case of a recreational 

vessel, or $25,000 in the case of any other vessel.’’. 

Subtitle C—Renewal of Advisory Groups 

SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE. 

(a) COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.—Section 4508 of title 46, United States Code, is amended—

(1) by inserting ‘‘Safety’’ in the section heading after 

‘‘Vessel’’; 

(2) by inserting ‘‘Safety’’ in subsection (a) after ‘‘Vessel’’; 

(3) by striking ‘‘(5 App. U.S.C. 1 et seq.)’’ in subsection 

(e)(1) and inserting ‘‘(5 App. U.S.C.)’’; and 

(4) by striking ‘‘on September 30, 2000’’ in subsection (e)(1) 

and inserting ‘‘on September 30, 2005’’. 

(b) CONFORMING AMENDMENT.—The table of sections for chapter 45 of title 46, United States Code, is amended by striking the 

item relating to section 4508 and inserting the following:

‘‘4508. Commercial Fishing Industry Vessel Safety Advisory Committee.’’.

SEC. 332. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE. 

Section 18(h) of the Coast Guard Authorization Act of 1991 

(Public Law 102–241) is amended by striking ‘‘September 30, 2000.’’

and inserting ‘‘September 30, 2005.’’. 

SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE. 

Section 19(g) of the Coast Guard Authorization Act of 1991 

(Public Law 102–241) is amended by striking ‘‘September 30, 2000’’ and inserting ‘‘September 30, 2005’’. 

SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL. 

Section 5(d) of the Inland Navigational Rules Act of 1980 (33 

U.S.C. 2073) is amended by striking ‘‘September 30, 2000’’ and inserting ‘‘September 30, 2005’’. 

44

SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL. 

Section 13110(e) of title 46, United States Code, is amended by 

striking ‘‘September 30, 2000’’ and inserting ‘‘September 30, 2005’’. 

SEC. 336. TOWING SAFETY ADVISORY COMMITTEE. 

The Act entitled ‘‘An Act to establish a Towing Safety Advisory 

Committee in the Department of Transportation’’ approved October 

6, 1980 (33 U.S.C. 1231a), is amended by striking ‘‘September 30, 

2000.’’ in subsection (e) and inserting ‘‘September 30, 2005.’’. 

Subtitle D—Miscellaneous 

SEC. 341. PATROL CRAFT. 

Notwithstanding any other provision of law, the Secretary of 

the department in which the Coast Guard is operating may accept, 

by direct transfer without cost, for use by the Coast Guard primarily 

for expanded drug interdiction activities required to meet national 

supply reduction performance goals, up to 7 PC–170 patrol craft 

from the Department of Defense if it offers to transfer such craft. 

SEC. 342. BOATING SAFETY. 

(a) GENERAL STATE REVENUE DEFINITION.—For fiscal year 

2003, the term ‘‘general State revenue’’ in section 13102(a)(3) of title 

46, United States Code, includes any amounts expended for the 

State’s recreational boating safety program by a State agency, a 

public corporation established under State law, or any other State 

instrumentality, as determined by the Secretary of the department 

in which the Coast Guard is operating. 

(b) FUNDING.—For fiscal year 2003, the amount available for 

recreational boating safety under section 4(b)(3) of the Act of August 

9, 1950 (16 U.S.C. 777c(b)(3)), is $83,000,000.

SEC. 343. CARIBBEAN SUPPORT TENDER. 

(a) IN GENERAL.—The Coast Guard is authorized to operate 

and maintain a Caribbean Support Tender (or similar type vessel) 

to provide technical assistance, including law enforcement training, 

for foreign coast guards, navies, and other maritime services. 

(b) MEDICAL AND DENTAL CARE.—

(1) The Commandant may provide medical and dental care 

to foreign military Caribbean Support Tender personnel and 

their dependents accompanying them in the United States—

(A) on an outpatient basis without cost; and 

(B) on an inpatient basis if the United States is reimbursed for the costs of providing such care. 

Payments received as reimbursement for the provision of such 

care shall be credited to the appropriations against which the 

charges were made for the provision of such care. 

(2) Notwithstanding paragraph (1)(B), the Commandant 

may provide inpatient medical and dental care in the United 

States without cost to foreign military Caribbean Support Tender personnel and their dependents accompanying them in the 

United States if comparable care is made available to a comparable number of United States military personnel in that foreign country. 

45

SEC. 344. PROHIBITION OF NEW MARITIME USER FEES. 

Section 2110(k) of title 46, United States Code, is amended by 

striking ‘‘2001’’ and inserting ‘‘2006’’. 

SEC. 345. GREAT LAKES LIGHTHOUSES. 

(a) FINDINGS.—The Congress finds the following: 

(1) The Great Lakes are home to more than 400 lighthouses. 120 of these maritime landmarks are in the State of 

Michigan. 

(2) Lighthouses are an important part of Great Lakes culture and stand as a testament to the importance of shipping in 

the region’s political, economic, and social history. 

(3) Advances in navigation technology have made many 

Great Lakes lighthouses obsolete. In Michigan alone, approximately 70 lighthouses will be designated as excess property of 

the Federal Government and will be transferred to the General 

Services Administration for disposal. 

(4) Unfortunately, the Federal property disposal process is 

confusing, complicated, and not well-suited to disposal of historic lighthouses or to facilitate transfers to nonprofit organizations. This is especially troubling because, in many cases, local 

nonprofit historical organizations have dedicated tremendous 

resources to preserving and maintaining Great Lakes lighthouses. 

(5) If Great Lakes lighthouses disappear, the public will be 

unaware of an important chapter in Great Lakes history. 

(6) The National Trust for Historic Preservation has placed 

Michigan lighthouses on their list of Most Endangered Historic 

Places. 

(b) ASSISTANCE FOR GREAT LAKES LIGHTHOUSE PRESERVATION

EFFORTS.—The Secretary of the department in which the Coast 

Guard is operating, may—

(1) continue to offer advice and technical assistance to organizations in the Great Lakes region that are dedicated to lighthouse stewardship; and 

(2) promptly release information regarding the timing of 

designations of Coast Guard lighthouses on the Great Lakes as 

excess to the needs of the Coast Guard, to enable those organizations to mobilize and be prepared to take appropriate action 

with respect to the disposal of those properties.

SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE 

SYSTEM. 

(a) REPORT.—The Secretary of the department in which the 

Coast Guard is operating shall prepare a status report on the modernization of the National Distress and Response System and transmit the report, not later than 60 days after the date of enactment 

of this Act and annually thereafter until completion of the project, 

to the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure of 

the House of Representatives. 

(b) CONTENTS.—The report required by subsection (a) shall—

(1) set forth the scope of the modernization, the schedule for 

completion of the System, and information on progress in meeting the schedule and on any anticipated delays; 

46

(2) specify the funding expended to-date on the System, the 

funding required to complete the System, and the purposes for 

which the funds were or will be expended; 

(3) describe and map the existing public and private communications coverage throughout the waters of the coastal and 

internal regions of the continental United States, Alaska, Hawaii, Guam, and the Caribbean, and identify locations that 

possess direction-finding, asset-tracking communications, and 

digital selective calling service; 

(4) identify areas of high risk to boaters and Coast Guard 

personnel due to communications gaps; 

(5) specify steps taken by the Secretary to fill existing gaps 

in coverage, including obtaining direction-finding equipment, 

digital recording systems, asset-tracking communications, use of 

commercial VHF services, and digital selective calling services 

that meet or exceed Global Maritime Distress and Safety System requirements adopted under the International Convention 

for the Safety of Life at Sea; 

(6) identify the number of VHF–FM radios equipped with 

digital selective calling sold to United States boaters; 

(7) list all reported marine accidents, casualties, and fatalities occurring in areas with existing communications gaps or 

failures, including incidents associated with gaps in VHF–FM 

coverage or digital selected calling capabilities and failures associated with inadequate communications equipment aboard 

the involved vessels during calendar years 1997 and thereafter; 

(8) identify existing systems available to close all identified 

marine safety gaps before January 1, 2003, including expeditious receipt and response by appropriate Coast Guard operations centers to VHF–FM digital selective calling distress signal; and 

(9) identify actions taken to-date to implement the recommendations of the National Transportation Safety Board in 

its Report No. MAR–99–01. 

SEC. 347. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, 

MAINE. 

(a) AUTHORITY TO CONVEY.—

(1) IN GENERAL.—The Secretary of the department in which 

the Coast Guard is operating, or a designee of the Secretary, 

may convey to the Gulf of Maine Aquarium Development Corporation, its successors and assigns, without payment for consideration, all right, title, and interest of the United States in 

and to approximately 4.13 acres of land, including a pier and 

bulkhead, known as the Naval Reserve Pier property, together 

with any improvements thereon in their then current condition, 

located in Portland, Maine. All conditions placed with the deed 

of title shall be construed as covenants running with the land.

(2) IDENTIFICATION OF PROPERTY.—The Secretary, in consultation with the Commandant of the Coast Guard, may identify, describe, and determine the property to be conveyed under 

this section. The floating docks associated with or attached to 

the Naval Reserve Pier property shall remain the personal property of the United States. 

(b) LEASE TO THE UNITED STATES.—

47

(1) CONDITION OF CONVEYANCE.—The Naval Reserve Pier 

property shall not be conveyed until the Corporation enters into 

a lease agreement with the United States, the terms of which 

are mutually satisfactory to the Commandant and the Corporation, in which the Corporation shall lease a portion of the 

Naval Reserve Pier property to the United States for a term of 

30 years without payment of consideration. The lease agreement 

shall be executed within 12 months after the date of enactment 

of this Act. 

(2) IDENTIFICATION OF LEASED PREMISES.—The Secretary, 

in consultation with the Commandant, may identify and describe the leased premises and rights of access, including the 

following, in order to allow the Coast Guard to operate and perform missions from and upon the leased premises: 

(A) The right of ingress and egress over the Naval Reserve Pier property, including the pier and bulkhead, at 

any time, without notice, for purposes of access to Coast 

Guard vessels and performance of Coast Guard missions 

and other mission-related activities. 

(B) The right to berth Coast Guard cutters or other vessels as required in the moorings along the east side of the 

Naval Reserve Pier property and the right to attach floating 

docks which shall be owned and maintained at the United 

States’ sole cost and expense. 

(C) The right to operate, maintain, remove, relocate, or 

replace an aid to navigation located upon, or to install any 

aid to navigation upon, the Naval Reserve Pier property as 

the Coast Guard, in its sole discretion, may determine is 

needed for navigational purposes. 

(D) The right to occupy up to 3,000 contiguous gross 

square feet at the Naval Reserve Pier property for storage 

and office space, which will be provided and constructed by 

the Corporation, at the Corporation’s sole cost and expense, 

and which will be maintained, and utilities and other operating expenses paid for, by the United States at its sole cost 

and expense. 

(E) The right to occupy up to 1,200 contiguous gross 

square feet of offsite storage in a location other than the 

Naval Reserve Pier property, which will be provided by the 

Corporation at the Corporation’s sole cost and expense, and 

which will be maintained, and utilities and other operating 

expenses paid for, by the United States at its sole cost and 

expense. 

(F) The right for Coast Guard personnel to park up to 

60 vehicles, at no expense to the Government, in the Corporation’s parking spaces on the Naval Reserve Pier property or in parking spaces that the Corporation may secure 

within 1,000 feet of the Naval Reserve Pier property or 

within 1,000 feet of the Coast Guard Marine Safety Office 

Portland. Spaces for no less than 30 vehicles shall be located on the Naval Reserve Pier property. 

(3) RENEWAL.—The lease described in paragraph (1) may 

be renewed, at the sole option of the United States, for additional lease terms. 

48

(4) LIMITATION ON SUBLEASES.—The United States may not 

sublease the leased premises to a third party or use the leased 

premises for purposes other than fulfilling the missions of the 

Coast Guard and for other mission related activities. 

(5) TERMINATION.—In the event that the Coast Guard 

ceases to use the leased premises, the Secretary, in consultation 

with the Commandant, may terminate the lease with the Corporation. 

(c) IMPROVEMENT OF LEASED PREMISES.—

(1) IN GENERAL.—The Naval Reserve Pier property shall 

not be conveyed until the Corporation enters into an agreement 

with the United States, subject to the Commandant’s design 

specifications, project’s schedule, and final project approval, to 

replace the bulkhead and pier which connects to, and provides 

access from, the bulkhead to the floating docks, at the Corporation’s sole cost and expense, on the east side of the Naval Reserve Pier property within 30 months from the date of conveyance. The agreement to improve the leased premises shall be executed within 12 months after the date of enactment of this Act. 

(2) FURTHER IMPROVEMENTS.—In addition to the improvements described in paragraph (1), the Commandant may further improve the leased premises during the lease term, at the 

United States sole cost and expense. 

(d) UTILITY INSTALLATION AND MAINTENANCE OBLIGATIONS.—

(1) UTILITIES.—The Naval Reserve Pier property shall not 

be conveyed until the Corporation enters into an agreement with 

the United States to allow the United States to operate and 

maintain existing utility lines and related equipment, at the 

United States sole cost and expense. At such time as the Corporation constructs its proposed public aquarium, the Corporation shall replace existing utility lines and related equipment 

and provide additional utility lines and equipment capable of 

supporting a third 110-foot Coast Guard cutter, with comparable, new, code compliant utility lines and equipment at the 

Corporation’s sole cost and expense, maintain such utility lines 

and related equipment from an agreed upon demarcation point, 

and make such utility lines and equipment available for use by 

the United States, if the United States pays for its use of utilities at its sole cost and expense. The agreement concerning the 

operation and maintenance of utility lines and equipment shall 

be executed within 12 months after the date of enactment of this 

Act. 

(2) MAINTENANCE.—The Naval Reserve Pier property shall 

not be conveyed until the Corporation enters into an agreement 

with the United States to maintain, at the Corporation’s sole 

cost and expense, the replacement bulkhead and pier on the east 

side of the Naval Reserve Pier property. The agreement concerning the maintenance of the bulkhead and pier shall be executed within 12 months after the date of enactment of this Act. 

(3) AIDS TO NAVIGATION.—The United States shall be required to maintain, at its sole cost and expense, any Coast 

Guard active aid to navigation located upon the Naval Reserve 

Pier property. 

49

(e) ADDITIONAL RIGHTS.—The conveyance of the Naval Reserve 

Pier property shall be made subject to conditions the Secretary considers necessary to ensure that— (1) the Corporation shall not interfere or allow interference, 

in any manner, with use of the leased premises by the United 

States; and 

(2) the Corporation shall not interfere or allow interference, 

in any manner, with any aid to navigation nor hinder activities 

required for the operation and maintenance of any aid to navigation, without the express written permission of the head of the 

agency responsible for operating and maintaining the aid to 

navigation. 

(f) REMEDIES AND REVERSIONARY INTEREST.—The Naval Reserve Pier property, at the option of the Secretary, shall revert to the 

United States and be placed under the administrative control of the 

Secretary, if, and only if, the Corporation fails to abide by any of 

the terms of this section or any agreement entered into under subsection (b), (c), or (d) of this section. 

(g) LIABILITY OF THE PARTIES.—The liability of the United 

States and the Corporation for any injury, death, or damage to or 

loss of property occurring on the leased property shall be determined 

with reference to existing State or Federal law, as appropriate, and 

any such liability may not be modified or enlarged by this title or 

any agreement of the parties. 

(h) EXPIRATION OF AUTHORITY TO CONVEY.—The authority to 

convey the Naval Reserve property under this section shall expire 3 

years after the date of enactment of this Act. 

(i) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) AID TO NAVIGATION.—The term ‘‘aid to navigation’’

means equipment used for navigational purposes, including a 

light, antenna, sound signal, electronic navigation equipment, 

cameras, sensors power source, or other related equipment 

which are operated or maintained by the United States. 

(2) CORPORATION.—The term ‘‘Corporation’’ means the Gulf 

of Maine Aquarium Development Corporation, its successors 

and assigns. 

SEC. 348. ADDITIONAL COAST GUARD FUNDING NEEDS AFTER SEPTEMBER 11, 2001. 

(a) IN GENERAL.—No later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast 

Guard is operating shall submit a report to the Congress that—

(1) compares Coast Guard expenditures by mission area on 

an annualized basis before and after the terrorist attacks of 

September 11, 2001; 

(2) estimates—

(A) annual funding amounts and personnel levels that 

would restore all Coast Guard mission areas to the readiness levels that existed before September 11, 2001; 

(B) annual funding amounts and personnel levels required to fulfill the Coast Guard’s additional responsibilities for port security after September 11, 2001; and

(C) annual funding amounts and personnel levels required to increase law enforcement needs in mission areas 

other than port security after September 11, 2001; 

50

(3) generally describes the services provided by the Coast 

Guard to the Department of Defense after September 11, 2001, 

and states the cost of such services; and 

(4) identifies the Federal agency providing funds for those 

services. 

(b) REPORT REQUIRED.—Not later than 180 days after the date 

of enactment of this Act, the Commandant of the Coast Guard shall 

submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate identifying mission targets for each Coast Guard mission for fiscal years 2003, 

2004, and 2005 and the specific steps necessary to achieve those targets. The Inspector General of the department in which the Coast 

Guard is operating shall review the final strategic plan and provide 

an independent report with its views to the Committees within 90 

days after the plan has been submitted by the Secretary. 

SEC. 349. MISCELLANEOUS CONVEYANCES. 

(a) AUTHORITY TO CONVEY.—

(1) IN GENERAL.—The Secretary of the department in which 

the Coast Guard is operating may convey, by an appropriate 

means of conveyance, all right, title, and interest of the United 

States in and to each of the following properties: 

(A) Coast Guard Slip Point Light Station, located in 

Clallam County, Washington, to Clallam County, Washington. 

(B) The parcel of land on which is situated the Point 

Pin ̃ os Light, located in Monterey County, California, to the 

city of Pacific Grove, California.

(2) IDENTIFICATION OF PROPERTY.—The Secretary may 

identify, describe, and determine the property to be conveyed 

under this subsection. 

(3) LIMITATION.—The Secretary may not under this section 

convey—

(A) any historical artifact, including any lens or lantern, located on the property at or before the time of the 

conveyance; or 

(B) any interest in submerged land. 

(b) GENERAL TERMS AND CONDITIONS.—

(1) IN GENERAL.—Each conveyance of property under this 

section shall be made—

(A) without payment of consideration; and 

(B) subject to the terms and conditions required by this 

section and other terms and conditions the Secretary may 

consider appropriate, including the reservation of easements and other rights on behalf of the United States. 

(2) REVERSIONARY INTEREST.—In addition to any term or 

condition established under this section, each conveyance of 

property under this section shall be subject to the condition that 

all right, title, and interest in the property shall immediately 

revert to the United States if—

(A) the property, or any part of the property—

(i) ceases to be available and accessible to the public, on a reasonable basis, for educational, park, recreational, cultural, historic preservation, or other simiVerDate 0ct 31 2002 13:42 Nov 15, 2002 Jkt 190006 PO 00000 Frm 00050 Fmt 6659 Sfmt 6603 E:\HR\OC\HR777.XXX HR777
51

lar purposes specified for the property in the terms of 

conveyance; 

(ii) ceases to be maintained in a manner that is 

consistent with its present or future use as a site for 

Coast Guard aids to navigation or compliance with 

this section; or 

(iii) ceases to be maintained in a manner consistent with the conditions in paragraph (4) established 

by the Secretary pursuant to the National Historic 

Preservation Act (16 U.S.C. 470 et seq.); or 

(B) at least 30 days before that reversion, the Secretary 

provides written notice to the owner that the property is 

needed for national security purposes. 

(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—Each conveyance of property under this section shall be made subject to 

the conditions that the Secretary considers to be necessary to assure that—

(A) the lights, antennas, and associated equipment located on the property conveyed that are active aids to navigation shall continue to be operated and maintained by the 

United States for as long as they are needed for this purpose; 

(B) the owner of the property may not interfere or allow 

interference in any manner with aids to navigation without 

express written permission from the Commandant of the 

Coast Guard; 

(C) there is reserved to the United States the right to 

relocate, replace, or add any aid to navigation or make any 

changes to the property conveyed as may be necessary for 

navigational purposes; 

(D) the United States shall have the right, at any time, 

to enter the property without notice for the purpose of operating, maintaining, and inspecting aids to navigation and 

for the purpose of enforcing compliance with this subsection; and 

(E) the United States shall have an easement of access 

to and across the property for the purpose of maintaining 

the aids to navigation in use on the property. 

(4) MAINTENANCE OF PROPERTY.—(A) Subject to subparagraph (B), the owner of a property conveyed under this section 

shall maintain the property in a proper, substantial, and 

workmanlike manner, and in accordance with any conditions 

established by the conveying authority pursuant to the National 

Historic Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws. 

(B) The owner of a property conveyed under this section is 

not required to maintain any active aid to navigation equipment on the property, except private aids to navigation permitted under section 83 of title 14, United States Code. 

(c) SPECIAL TERMS AND CONDITIONS.—The Secretary may retain all right, title, and interest of the United States in and to any 

portion of any parcel referred to in subsection (a)(1)(B) that the Secretary considers appropriate. 

(d) DEFINITIONS.—In this section, the following definitions 

apply: 

52

(1) AIDS TO NAVIGATION.—The term ‘‘aids to navigation’’

means equipment used for navigation purposes, including a 

light, antenna, radio, sound signal, electronic navigation equipment, or other associated equipment which are operated or 

maintained by the United States. 

(2) OWNER.—The term ‘‘owner’’ means, for a property conveyed under this section, the person identified in subsection 

(a)(1) of the property and includes any successor or assign of 

that person. 

TITLE IV—OMNIBUS MARITIME 

IMPROVEMENTS 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Omnibus Maritime and Coast 

Guard Improvements Act of 2002’’. 

SEC. 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES. 

(a) HOUSING CONTRACTORS.—Section 681(a) of title 14, United 

States Code, is amended by inserting ‘‘, including a small business 

concern qualified under section 8(a) of the Small Business Act (15 

U.S.C. 637(a)),’’ after ‘‘private persons’’. 

(b) BUDGET AUTHORITY LIMITATION.—Section 687(f) of title 14, 

United States Code, is amended by striking ‘‘$20,000,000’’ and inserting ‘‘$40,000,000’’. 

(c) DEMONSTRATION PROJECT.—Section 687 of title 14, United 

States Code, is amended by adding at the end the following: 

‘‘(g) DEMONSTRATION PROJECT AUTHORIZED.—To promote efficiencies through the use of alternative procedures for expediting new 

housing projects, the Secretary—

‘‘(1) may develop and implement a demonstration project 

for acquisition or construction of military family housing and 

military unaccompanied housing on or near the Coast Guard 

installation at Kodiak, Alaska; 

‘‘(2) in implementing the demonstration project, shall utilize, to the maximum extent possible, the contracting authority 

of the Small Business Administration’s section 8(a) program; 

‘‘(3) shall, to the maximum extent possible, acquire or construct such housing through contracts with small business concerns qualified under section 8(a) of the Small Business Act (15 

U.S.C. 637(a)) that have their principal place of business in the 

State of Alaska; and 

‘‘(4) shall report to Congress by September 1 of each year 

on the progress of activities under the demonstration project.’’. 

(d) EXTENSION.—Section 689 of title 14, United States Code, is 

amended by striking ‘‘2001’’ and inserting ‘‘2007’’. 

SEC. 403. INVENTORY OF VESSELS FOR CABLE LAYING, MAINTENANCE, 

AND REPAIR. 

(a) INVENTORY.—The Secretary of Transportation shall develop, 

maintain, and periodically update an inventory of vessels that are 

documented under chapter 121 of title 46, United States Code, are 

200 feet or more in length, and have the capability to lay, maintain, 

or repair a submarine cable, without regard to whether a particular 

vessel is classified as a cable ship or cable vessel. 

53

(b) VESSEL INFORMATION.—For each vessel listed in the inventory, the Secretary shall include in the inventory—

(1) the name, length, beam, depth, and other distinguishing 

characteristics of the vessel; 

(2) the abilities and limitations of the vessel with respect to 

the laying, maintaining, and repairing of a submarine cable; 

and 

(3) the name and address of the person to whom inquiries 

regarding the vessel may be made. 

(c) PUBLICATION.—The Secretary shall—

(1) not later than 60 days after the date of enactment of 

this Act, publish in the Federal Register a current inventory developed under subsection (a); and 

(2) every six months thereafter, publish in the Federal Register an updated inventory. 

SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.

(a) IN GENERAL.—Except in the case of a vessel in distress, only 

a vessel of the United States (as that term is defined in section 2101 

of title 46, United States Code) may perform the following escort 

vessel operations within the navigable waters of the United States: 

(1) Operations that commence or terminate at a port or 

place in the United States. 

(2) Operations required by United States law or regulation. 

(3) Operations provided in whole or in part within or 

through navigation facilities owned, maintained, or operated by 

the United States Government or the approaches to those facilities, other than facilities operated by the St. Lawrence Seaway 

Development Corporation on the St. Lawrence River portion of 

the Seaway. 

(b) ADDITION TO TOWING VESSEL.—In the case of a vessel being 

towed under section 4370 of the Revised Statutes of the United 

States (46 App. U.S.C. 316(a)), an escort vessel is any vessel assigned and dedicated to the vessel being towed in addition to any 

towing vessel required under that section. 

(c) RELATIONSHIP TO OTHER LAW.—Nothing in this section 

shall affect or be construed or interpreted to affect or modify section 

4370 of the Revised Statutes of the United States (46 U.S.C. 316(a)). 

(d) DEFINITION.—In this section, the term ‘‘escort vessel’’ means 

any vessel that is assigned and dedicated to assist another vessel, 

whether or not tethered to that vessel, solely as a safety precaution 

to assist in controlling the speed or course of the assisted vessel in 

the event of a steering or propulsion equipment failure, or any other 

similar emergency circumstance, or in restricted waters where additional assistance in maneuvering the vessel is required to ensure its 

safe operation. 

(e) PENALTY.—A person violating this section is liable to the 

United States Government for a civil penalty of not more than 

$10,000 for each day during which the violations occurs. 

SEC. 405. SEARCH AND RESCUE CENTER STANDARDS. 

(a) IN GENERAL.—Title 14, United States Code, is amended—

(1) by redesignating the second section 673 and section 674 

in order as sections 674 and 675; and 

(2) by adding at the end of chapter 17 the following: 

54

‘‘§ 676. Search and rescue center standards 

‘‘(a) The Secretary shall establish, implement, and maintain the 

minimum standards necessary for the safe operation of all Coast 

Guard search and rescue center facilities, including with respect to 

the following: 

‘‘(1) The lighting, acoustics, and temperature in the facilities. 

‘‘(2) The number of individuals on a shift in the facility assigned search and rescue responsibilities (including communications), which may be adjusted based on seasonal workload. 

‘‘(3) The length of time an individual may serve on watch 

to minimize fatigue, based on the best scientific information 

available. 

‘‘(4) The scheduling of individuals having search and rescue responsibilities to minimize fatigue of the individual when 

on duty in the facility. 

‘‘(5) The workload of each individual engaged in search 

and rescue responsibilities in the facility. 

‘‘(6) Stress management for the individuals assigned search 

and rescue responsibilities in the facilities. 

‘‘(7) The design of equipment and facilities to minimize fatigue and enhance search and rescue operations. 

‘‘(8) The acquisition and maintenance of interim search and 

rescue command center communications equipment. 

‘‘(9) Any other requirements that the Secretary believes will 

increase the safe operation of the search and rescue centers. 

‘‘(b) SENSE OF CONGRESS.—It is the sense of the Congress that 

the Secretary should establish, implement, and maintain minimum 

standards necessary to ensure that an individual on duty or watch 

in a Coast Guard search and rescue command center facility does 

not work more than 12 hours in a 24-hour period, except in an 

emergency or unforeseen circumstances. 

‘‘(c) DEFINITION.—For the purposes of this section, the term 

‘search and rescue center facility’ means a Coast Guard shore facility that maintains a search and rescue mission coordination and 

communications watch. 

‘‘(d) REPORT TO CONGRESS.—The Secretary shall provide a 

quarterly written report to the Senate Committee on Commerce, 

Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, describing the status 

of implementation of the standards described in subsection (b), including a list of the facilities at which such standards have or have 

not been implemented.’’. 

(b) PRESCRIPTION OF STANDARDS.—The Secretary shall prescribe the standards required under section 675(a) of title 14, 

United States Code, as enacted by subsection (a) of this section, before January 1, 2003. 

(c) CLERICAL AMENDMENT.—The table of sections for chapter 17 

of title 14, United States Code, is amended by striking the second 

item relating to a section 673 and the item relating to a section 674 

and inserting the following:

‘‘674. Small boat station capability. 

‘‘675. Small boat station closures. 

‘‘676. Search and rescue center standards.’’.

55

SEC. 406. VHF COMMUNICATIONS SERVICES. 

(a) The Secretary of the department in which the Coast Guard 

is operating may authorize a person providing commercial VHF 

communications services to place commercial VHF communications 

equipment on real property under the administrative control of the 

Coast Guard (including towers) subject to any terms agreed to by 

the parties. The Secretary and that commercial VHF communications service provider also may enter into an agreement providing 

for VHF communications services to the Coast Guard (including 

digital selective calling and radio direction finding services) at a 

discounted rate or price based on providing such access to real property under the administrative control of the Coast Guard. 

(b) Commercial VHF communication equipment placed on real 

property under the administrative control of the Coast Guard under 

this section shall not interfere in any manner with any current or 

future Coast Guard communication equipment. 

(c) Nothing in the section shall affect the rights or obligations 

of the United States under section 704(c) of the Telecommunications 

Act of 1996 (47 U.S.C. 332 note) with respect to the availability of 

property or under section 359(d) of the Communications Act of 1934 

(47 U.S.C. 357(d)) with respect to charges for transmission of distress messages. 

SEC. 407. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY ACTIVITIES. 

There is authorized to be appropriated to the Secretary of the 

department in which the Coast Guard is operating $987,400 for fire, 

oil, and toxic spill response communications, training, equipment, 

and program administration activities conducted by nonprofit organizations that act in cooperation with the Coast Guard, to remain 

available until expended. Organizations receiving appropriated 

funds must have a multiyear record of spill and marine fire response in Federal navigable waterways. Federal funds shall not exceed 25 percent of such an organization’s total budget.

SEC. 408. CONFORMING REFERENCES TO THE FORMER MERCHANT MARINE AND FISHERIES COMMITTEE. 

(a) LAWS CODIFIED IN TITLE 14, UNITED STATES CODE.—(1) 

Sections 194(b)(2) and 194(b)(5) of title 14, United States Code, are 

amended by striking ‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Transportation and Infrastructure’’. 

(2) Section 663 of title 14, United States Code, is amended by 

striking ‘‘Merchant Marine and Fisheries’’ and inserting 

‘‘Transportation and Infrastructure’’.

(3) Section 664(c) of title 14, United States Code, is amended 

by striking ‘‘Merchant Marine and Fisheries’’ and inserting 

‘‘Transportation and Infrastructure’’. 

(b) LAWS CODIFIED IN TITLE 33, UNITED STATES CODE.—(1) 

Section 3(d)(3) of the International Navigational Rules Act of 1977 

(33 U.S.C. 1602(d)(3)) is amended by striking ‘‘Merchant Marine 

and Fisheries’’ and inserting ‘‘Transportation and Infrastructure’’. 

(2) Section 5004(2) of the Oil Pollution Act of 1990 (33 U.S.C. 

2734(2)) is amended by striking ‘‘Merchant Marine and Fisheries’’

and inserting ‘‘Transportation and Infrastructure’’. 

(c) LAWS CODIFIED IN TITLE 46, UNITED STATES CODE.—(1) 

Section 6307(a) of title 46, United States Code, is amended by strikVerDate 0ct 31 2002 13:42 Nov 15, 2002 Jkt 190006 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\HR777.XXX HR777
56

ing ‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Transportation 

and Infrastructure’’. (2) Section 901g(b)(3) of the Merchant Marine Act, 1936 (46 

App. U.S.C. 1241k(b)(3)) is amended by striking ‘‘Merchant Marine 

and Fisheries’’ and inserting ‘‘Transportation and Infrastructure’’. (3) Section 913(b) of the International Maritime and Port Security Act (46 App. U.S.C. 1809(b)) is amended by striking ‘‘Merchant 

Marine and Fisheries’’ and inserting ‘‘Transportation and Infrastructure’’. 

SEC. 409. RESTRICTION ON VESSEL DOCUMENTATION. 

Section 12108(a) of title 46, United States Code, is amended— (1) by striking paragraph (2) and inserting the following: 

‘‘(2) was built in the United States;’’; 

(2) by striking ‘‘and’’ at the end of paragraph (3); 

(3) by redesignating paragraph (4) as paragraph (5); and 

(4) by inserting after paragraph (3) the following: 

‘‘(4) was not forfeited to the United States Government after 

July 1, 2001, for a breach of the laws of the United States; 

and’’. 

SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT. 

The Commandant of the Coast Guard shall ensure that all 

Coast Guard personnel are equipped with adequate safety equipment, including hypothermia protective clothing where appropriate, 

while performing search and rescue missions. 

SEC. 411. RESERVE OFFICER PROMOTIONS. 

(a) Section 729(i) of title 14, United States Code, is amended by 

inserting ‘‘on the date a vacancy occurs, or as soon thereafter as 

practicable in the grade to which the officer was selected for promotion or, if promotion was determined in accordance with a running mate system,’’ after ‘‘grade’’. (b) Section 731(b) of title 14, United States Coast Code, is 

amended by striking the period at the end and inserting ‘‘, or in the 

event that promotion is not determined in accordance with a running mate system, then a Reserve officer becomes eligible for consideration for promotion to the next higher grade at the beginning of 

the promotion year in which he or she completes the following 

amount of service computed from the date of rank in the grade in 

which he or she is serving: 

‘‘(1) two years in the grade of lieutenant (junior grade); 

‘‘(2) three years in the grade of lieutenant; 

‘‘(3) four years in the grade of lieutenant commander; 

‘‘(4) four years in the grade of commander; and 

‘‘(5) three years in the grade of captain.’’. 

(c) Section 736(a) of title 14, United States Code, is amended 

by inserting ‘‘the date of rank shall be the date of appointment in 

that grade, unless the promotion was determined in accordance 

with a running mate system, in which event’’ after ‘‘subchapter,’’. 

SEC. 412. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; 

CONTINUATION UPON FAILURE OF SELECTION FOR PROMOTION. 

Section 285 of title 14, United States Code, is amended— (1) by striking ‘‘Each officer’’ and inserting ‘‘(a) Each officer’’; and 

(2) by adding at the end the following: 

57

‘‘(b) A lieutenant commander or commander of the Regular 

Coast Guard subject to discharge or retirement under subsection (a) 

may be continued on active duty when the Secretary directs a selection board convened under section 251 of this title to continue up 

to a specified number of lieutenant commanders or commanders on 

active duty. When so directed, the selection board shall recommend 

those officers who in the opinion of the board are best qualified to 

advance the needs and efficiency of the Coast Guard. When the recommendations of the board are approved by the Secretary, the officers recommended for continuation shall be notified that they have 

been recommended for continuation and offered an additional term 

of service that fulfills the needs of the Coast Guard. 

‘‘(c)(1) An officer who holds the grade of lieutenant commander 

of the Regular Coast Guard may not be continued on active duty 

under subsection (b) for a period that extends beyond 24 years of active commissioned service unless promoted to the grade of commander of the Regular Coast Guard. An officer who holds the grade 

of commander of the Regular Coast Guard may not be continued on 

active duty under subsection (b) for a period that extends beyond 26 

years of active commissioned service unless promoted to the grade 

of captain of the Regular Coast Guard. 

‘‘(2) Unless retired or discharged under another provision of 

law, each officer who is continued on active duty under subsection 

(b) but is not subsequently promoted or continued on active duty, 

and is not on a list of officers recommended for continuation or for 

promotion to the next higher grade, shall, if eligible for retirement 

under any provision of law, be retired under that law on the first 

day of the first month following the month in which the period of 

continued service is completed.’’. 

SEC. 413. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE PROGRAM. 

(a) IN GENERAL.—Chapter 21 of title 14, United States Code, is 

amended by inserting after section 709 the following new section: 

‘‘§ 709a. Reserve student pre-commissioning assistance program 

‘‘(a) The Secretary may provide financial assistance to an eligible enlisted member of the Coast Guard Reserve, not on active duty, 

for expenses of the member while the member is pursuing on a fulltime basis at an institution of higher education a program of education approved by the Secretary that leads to—

‘‘(1) a baccalaureate degree in not more than 5 academic 

years; or 

‘‘(2) a post-baccalaureate degree. 

‘‘(b)(1) To be eligible for financial assistance under this section, 

an enlisted member of the Coast Guard Reserve shall—

‘‘(A) be enrolled on a full-time basis in a program of education referred to in subsection (a) at any institution of higher 

education; and 

‘‘(B) enter into a written agreement with the Coast Guard 

described in paragraph (2). 

‘‘(2) A written agreement referred to in paragraph (1)(B) is an 

agreement between the member and the Secretary in which the 

member agrees—

58

‘‘(A) to accept an appointment as a commissioned officer in 

the Coast Guard Reserve, if tendered; 

‘‘(B) to serve on active duty for up to five years; and 

‘‘(C) under such terms and conditions as shall be prescribed 

by the Secretary, to serve in the Coast Guard Reserve until the 

eighth anniversary of the date of the appointment. 

‘‘(c) Expenses for which financial assistance may be provided 

under this section are the following: 

‘‘(1) Tuition and fees charged by the institution of higher 

education involved. 

‘‘(2) The cost of books. 

‘‘(3) In the case of a program of education leading to a baccalaureate degree, laboratory expenses. 

‘‘(4) Such other expenses as are deemed appropriate by the 

Secretary. 

‘‘(d) The amount of financial assistance provided to a member 

under this section shall be prescribed by the Secretary, but may not 

exceed $25,000 for any academic year. 

‘‘(e) Financial assistance may be provided to a member under 

this section for up to 5 consecutive academic years. 

‘‘(f) A member who receives financial assistance under this section may be ordered to active duty in the Coast Guard Reserve by 

the Secretary to serve in a designated enlisted grade for such period 

as the Secretary prescribes, but not more than 4 years, if the member—

‘‘(1) completes the academic requirements of the program 

and refuses to accept an appointment as a commissioned officer 

in the Coast Guard Reserve when offered; 

‘‘(2) fails to complete the academic requirements of the institution of higher education involved; or 

‘‘(3) fails to maintain eligibility for an original appointment 

as a commissioned officer. 

‘‘(g)(1) If a member requests to be released from the program 

and the request is accepted by the Secretary, or if the member fails 

because of misconduct to complete the period of active duty specified, or if the member fails to fulfill any term or condition of the 

written agreement required to be eligible for financial assistance 

under this section, the financial assistance shall be terminated. The 

Secretary may request the member to reimburse the United States 

in an amount that bears the same ratio to the total costs of the education provided to that member as the unserved portion of active 

duty bears to the total period of active duty the member agreed to 

serve. The Secretary shall have the option to order such reimbursement without first ordering the member to active duty. An obligation to reimburse the United States imposed under this paragraph 

is a debt owed to the United States. 

‘‘(2) The Secretary may waive the service obligated under subsection (f) of a member who becomes unqualified to serve on active 

duty due to a circumstance not within the control of that member 

or who is not physically qualified for appointment and who is determined to be unqualified for service as an enlisted member of the 

Coast Guard Reserve due to a physical or medical condition that 

was not the result of the member’s own misconduct or grossly negligent conduct. 

59

‘‘(3) A discharge in bankruptcy under title 11 that is entered 

less than five years after the termination of a written agreement entered into under subsection (b) does not discharge the individual 

signing the agreement from a debt arising under such agreement or 

under paragraph (1). 

‘‘(h) As used in this section, the term ‘institution of higher education’ has the meaning given that term in section 101 of the Higher 

Education Act of 1965 (20 U.S.C. 1001).’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 21 

of title 14, United States Code, is amended by adding the following 

new item after the item relating to section 709:

‘‘709a. Reserve student pre-commissioning assistance program.’’.

SEC. 414. CONTINUATION ON ACTIVE DUTY BEYOND THIRTY YEARS. 

Section 289 of title 14, United States Code, is amended by adding at the end the following new subsection: 

‘‘(h) Notwithstanding subsection (g) and section 288 of this title, 

the Commandant may by annual action retain on active duty from 

promotion year to promotion year any officer who would otherwise 

be retired under subsection (g) or section 288 of this title. An officer 

so retained, unless retired under some other provision of law, shall 

be retired on June 30 of that promotion year in which no action is 

taken to further retain the officer under this subsection.’’. 

SEC. 415. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST 

GUARD AUXILIARISTS. 

Section 823a(b) of title 14, United States Code, is amended by 

inserting after paragraph (8) the following: 

‘‘(9) On or after January 1, 2001, section 651 of Public Law 

104–208.’’. 

SEC. 416. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF 

COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE AUTHORITY. 

(a) IN GENERAL.—Chapter 11 of title 14, United States Code, is 

amended—

(1) in section 281—

(A) by striking ‘‘three’’ in the section heading and inserting ‘‘five’’; and 

(B) by striking ‘‘three’’ in the text and inserting ‘‘five’’; 

(2) in section 283(b)(2)(A), by striking ‘‘severance’’ and inserting ‘‘separation’’; 

(3) in section 286—

(A) by striking ‘‘severance’’ in the section heading and 

inserting ‘‘separation’’; and 

(B) by striking subsection (b) and inserting the following: 

‘‘(b) An officer of the Regular Coast Guard who is discharged 

under this section or section 282, 283, or 284 of this title and has 

completed 6 or more, but less than 20, continuous years of active 

service immediately before that discharge or release is entitled to 

separation pay computed under subsection (d)(1) of section 1174 of 

title 10. 

‘‘(c) An officer of the Regular Coast Guard who is discharged 

under section 327 of this title and has completed 6 or more, but less 

than 20, continuous years of active service immediately before that 

discharge or release is entitled to separation pay computed under 

60

subsection (d)(1) or (d)(2) of section 1174 of title 10 as determined 

under regulations promulgated by the Secretary. 

‘‘(d) Notwithstanding subsections (a) and (b), an officer discharged under chapter 11 of this title for twice failing of selection 

for promotion to the next higher grade is not entitled to separation 

pay under this section if the officer requested in writing or otherwise 

sought not to be selected for promotion, or requested removal from 

the list of selectees.’’; 

(4) in section 286a—

(A) by striking ‘‘severance’’ in the section heading and 

inserting ‘‘separation’’ in its place; and 

(B) by striking subsections (a), (b), and (c) and inserting the following: 

‘‘(a) A regular warrant officer of the Coast Guard who is discharged under section 580 of title 10, and has completed 6 or more, 

but less than 20, continuous years of active service immediately before that discharge is entitled to separation pay computed under 

subsection (d)(1) of section 1174 of title 10. 

‘‘(b) A regular warrant officer of the Coast Guard who is discharged under section 1165 or 1166 of title 10, and has completed 

6 or more, but less than 20, continuous years of active service immediately before that discharge is entitled to separation pay computed 

under subsection (d)(1) or (d)(2) of section 1174 of title 10, as determined under regulations promulgated by the Secretary. 

‘‘(c) In determining a member’s years of active service for the 

purpose of computing separation pay under this section, each full 

month of service that is in addition to the number of full years of 

service creditable to the member is counted as one-twelfth of a year 

and any remaining fractional part of a month is disregarded.’’; and 

(5) in section 327—

(A) by striking ‘‘severance’’ in the section heading and 

inserting ‘‘separation’’; 

(B) by striking subsection (a)(2) and inserting the following: 

‘‘(2) for discharge with separation benefits under section 

286(c) of this title.’’; 

(C) by striking subsection (a)(3); 

(D) by striking subsection (b)(2) and inserting the following: 

‘‘(2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under section 286(c) of this title, unless under regulations promulgated by the Secretary the condition under 

which the officer is discharged does not warrant an honorable 

discharge.’’; and 

(E) by striking subsection (b)(3). 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 11 

of title 14, United States Code, is amended—

(1) in the item relating to section 281, by striking ‘‘three’’

and inserting ‘‘five’’; 

(2) in the item relating to section 286, by striking 

‘‘severance’’ and inserting ‘‘separation’’; 

(3) in the item relating to section 286a, by striking 

‘‘severance’’ and inserting ‘‘separation’’; and 

61

(4) in the item relating to section 327, by striking 

‘‘severance’’ and inserting ‘‘separation’’ in its place. 

(c) EFFECTIVE DATE.—The amendments made by paragraphs 

(2), (3), (4), and (5) of subsection (a) shall take effect four years after 

the date of enactment of this Act, except that subsection (d) of section 286 of title 14, United States Code, as amended by paragraph 

(3) of subsection (a) of this section, shall take effect on the date of 

enactment of this Act and shall apply with respect to conduct on or 

after that date. The amendments made to the table of sections of 

chapter 11 of title 14, United States Code, by paragraphs (2), (3), 

and (4) of subsection (b) of this section shall take effect four years 

after the date of enactment of this Act.

SEC. 417. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE PROPERTY. 

(a) IN GENERAL.—Chapter 17 of title 14, United States Code, is 

amended by inserting after section 672 the following: 

‘‘§ 672a. Long-term lease authority for lighthouse property 

‘‘(a) The Commandant of the Coast Guard may lease to nonFederal entities, including private individuals, lighthouse property 

under the administrative control of the Coast Guard for terms not 

to exceed 30 years. Consideration for the use and occupancy of lighthouse property leased under this section, and for the value of any 

utilities and services furnished to a lessee of such property by the 

Commandant, may consist, in whole or in part, of non-pecuniary remuneration including the improvement, alteration, restoration, rehabilitation, repair, and maintenance of the leased premises by the 

lessee. Section 321 of chapter 314 of the Act of June 30, 1932 (40 

U.S.C. 303b) shall not apply to leases issued by the Commandant 

under this section. 

‘‘(b) Amounts received from leases made under this section, less 

expenses incurred, shall be deposited in the Treasury.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 17 

of title 14, United States Code, is amended by inserting after the 

item relating to section 672 the following:

‘‘672a. Long-term lease authority for lighthouse property.’’.

SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS. 

(a) IN GENERAL.—Section 3 of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903) is amended—

(1) in subsection (c)(1)(D), by striking ‘‘and’’; 

(2) in subsection (c)(1)(E), by striking ‘‘United States.’’ and 

inserting ‘‘United States; and’’; and 

(3) by inserting after subsection (c)(1)(E) the following: 

‘‘(F) a vessel located in the contiguous zone of the United 

States, as defined in Presidential Proclamation 7219 of September 2, 1999, and (i) is entering the United States, (ii) has 

departed the United States, or (iii) is a hovering vessel as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).’’. 

(b) MARITIME DRUG LAW ENFORCEMENT AMENDMENT.—Section 

4 of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1904) 

is amended—

(1) by inserting ‘‘(a)’’ before ‘‘Any property’’; and 

(2) by adding at the end the following: 

62

‘‘(b) Practices commonly recognized as smuggling tactics may 

provide prima facie evidence of intent to use a vessel to commit, or 

to facilitate the commission of, an offense under this Act, and may 

support seizure and forfeiture of the vessel, even in the absence of 

controlled substances aboard the vessel. The following indicia, 

among others, may be considered, in the totality of the circumstances, to be prima facie evidence that a vessel is intended to 

be used to commit, or to facilitate the commission of an offense 

under this Act: ‘‘(1) The construction or adaptation of the vessel in a manner that facilitates smuggling, including— ‘‘(A) the configuration of the vessel to ride low in the 

water or present a low hull profile to avoid being detected 

visually or by radar; ‘‘(B) the presence of any compartment or equipment 

which is built or fitted out for smuggling, not including 

items such as a safe or lock-box reasonably used for the 

storage of personal valuables; ‘‘(C) the presence of an auxiliary tank not installed in 

accordance with applicable law or installed in such a manner as to enhance the vessel’s smuggling capability; ‘‘(D) the presence of engines that are excessively overpowered in relation to the design and size of the vessel; ‘‘(E) the presence of materials used to reduce or alter 

the heat or radar signature of the vessel and avoid detection; ‘‘(F) the presence of a camouflaging paint scheme, or of 

materials used to camouflage the vessel, to avoid detection; 

or ‘‘(G) the display of false vessel registration numbers, 

false indicia of vessel nationality, false vessel name, or false 

vessel homeport. 

‘‘(2) The presence or absence of equipment, personnel, or 

cargo inconsistent with the type or declared purpose of the vessel. 

‘‘(3) The presence of excessive fuel, lube oil, food, water, or 

spare parts, inconsistent with legitimate vessel operation, inconsistent with the construction or equipment of the vessel, or inconsistent with the character of the vessel’s stated purpose. 

‘‘(4) The operation of the vessel without lights during times 

lights are required to be displayed under applicable law or regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities. 

‘‘(5) The failure of the vessel to stop or respond or heave to 

when hailed by government authority, especially where the vessel conducts evasive maneuvering when hailed. 

‘‘(6) The declaration to government authority of apparently 

false information about the vessel, crew, or voyage or the failure 

to identify the vessel by name or country of registration when 

requested to do so by government authority. 

‘‘(7) The presence of controlled substance residue on the vessel, on an item aboard the vessel, or on a person aboard the vessel, of a quantity or other nature which reasonably indicates 

manufacturing or distribution activity. 

63

‘‘(8) The use of petroleum products or other substances on 

the vessel to foil the detection of controlled substance residue. 

‘‘(9) The presence of a controlled substance in the water in 

the vicinity of the vessel, where given the currents, weather conditions, and course and speed of the vessel, the quantity or 

other nature is such that it reasonably indicates manufacturing 

or distribution activity.’’.

SEC. 419. WING-IN-GROUND CRAFT. 

(a) SMALL PASSENGER VESSEL.—Section 2101(35) of title 46, 

United States Code, is amended by inserting ‘‘a wing-in-ground 

craft, regardless of tonnage, carrying at least one passenger for hire, 

and’’ after ‘‘ ‘small passenger vessel’ means’’. 

(b) WING-IN-GROUND CRAFT.—Section 2101 of title 46, United 

States Code, is amended by adding at the end the following: 

‘‘(48) ‘wing-in-ground craft’ means a vessel that is capable 

of operating completely above the surface of the water on a dynamic air cushion created by aerodynamic lift due to the 

ground effect between the vessel and the water’s surface.’’. 

SEC. 420. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR 

VESSELS. 

Section 31321(a)(4) of title 46, United States Code, is amended—

(1) by striking ‘‘(A)’’; and 

(2) by striking subparagraph (B).

SEC. 421. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT 

MARINERS’ DOCUMENTS. 

Section 7303 of title 46, United States Code, is amended by 

striking ‘‘the thumbprint,’’.

SEC. 422. TEMPORARY CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS. 

(a) Section 12103(a) of title 46, United States Code, is amended 

by inserting ‘‘, or a temporary certificate of documentation,’’ after 

‘‘certificate of documentation’’. 

(b)(1) Chapter 121 of title 46, United States Code, is amended 

by adding after section 12103 the following: 

‘‘§ 12103a. Issuance of temporary certificate of documentation 

by third parties 

‘‘(a) The Secretary of the department in which the Coast Guard 

is operating may delegate, subject to the supervision and control of 

the Secretary and under terms set out by regulation, to private entities determined and certified by the Secretary to be qualified, the 

authority to issue a temporary certificate of documentation for a recreational vessel if the applicant for the certificate of documentation 

meets the requirements set out in sections 12102 and 12103 of this 

chapter. 

‘‘(b) A temporary certificate of documentation issued under section 12103(a) and subsection (a) of this section is valid for up to 30 

days from issuance.’’. 

(2) The table of sections for chapter 121 of title 46, United 

States Code, is amended by inserting after the item relating to section 12103 the following:

‘‘12103a. Issuance of temporary certificate of documentation by third parties.’’.

64

SEC. 423. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN 

VESSELS. 

Section 6101 of title 46, United States Code, is amended—

(1) by redesignating the second subsection (e) as subsection 

(f); and 

(2) by adding at the end the following: 

‘‘(g) To the extent consistent with generally recognized practices 

and procedures of international law, this part applies to a foreign 

vessel involved in a marine casualty or incident, as defined in the 

International Maritime Organization Code for the Investigation of 

Marine Casualties and Incidents, where the United States is a Substantially Interested State and is, or has the consent of, the Lead 

Investigating State under the Code.’’. 

SEC. 424. CONVEYANCE OF COAST GUARD PROPERTY IN HAMPTON 

TOWNSHIP, MICHIGAN. 

(a) REQUIREMENT TO CONVEY.— (1) IN GENERAL.—Notwithstanding any other law, the Secretary of the department in which the Coast Guard is operating 

may convey to BaySail, Inc. (a nonprofit corporation established 

under the laws of the State of Michigan; in this section referred 

to as ‘‘BaySail’’), without monetary consideration, all right, 

title, and interest of the United States in and to property adjacent to Coast Guard Station Saginaw River, located in Hampton Township, Michigan, as identified under paragraph (2). No 

submerged lands may be conveyed under this section. 

(2) IDENTIFICATION OF PROPERTY.—The Secretary, in consultation with the Commandant of the Coast Guard, shall identify, describe, and determine the property to be conveyed under 

this section. 

(3) SURVEY.—The exact acreage and legal description of the 

property conveyed under paragraph (1), as identified under 

paragraph (2), and any easements or rights-of-way reserved by 

the United States under subsection (b), shall be determined by 

a survey satisfactory to the Secretary. The cost of the survey 

shall be borne by BaySail. 

(b) TERMS AND CONDITIONS OF CONVEYANCE.—The conveyance 

of property under this section shall be made subject to any terms 

and conditions the Secretary considers necessary, including the reservation of easements and other rights on behalf of the United 

States. 

(c) REVERSIONARY INTEREST.— (1) IN GENERAL.—During the 5-year period beginning on 

the date the Secretary makes the conveyance authorized by subsection (a), the real property conveyed pursuant to this section, 

at the option of the Secretary, shall revert to the United States 

and be placed under the administrative control of the Secretary 

if—

(A) BaySail sells, conveys, assigns, exchanges, or encumbers the property conveyed or any part thereof; 

(B) BaySail fails to maintain the property conveyed in 

a manner consistent with the terms and conditions under 

subsection (b); 

(C) BaySail conducts any commercial activity at the 

property conveyed, or any part thereof, without approval of 

the Secretary; or 

65

(D) at least 30 days before the reversion, the Secretary 

provides written notice to the owner that the property or 

any part thereof is needed for national security purposes. 

(2) ADDITIONAL PERIOD.—The Secretary may, before the last 

day of the 5-year period described in paragraph (1), authorize 

an additional 5-year period during which paragraph (1) shall 

apply.

SEC. 425. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN. 

Section 1005(c) of the Coast Guard Authorization Act of 1996 

(110 Stat. 3957) is amended by striking ‘‘the Traverse City Area 

Public School District’’ and inserting ‘‘a public or private nonprofit 

entity for an educational or recreational purpose’’.

SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILITIES AND 

READINESS TO FULFILL NATIONAL DEFENSE RESPONSIBILITIES. 

Not later than February 15 each year, the Secretary of the department in which the Coast Guard is operating shall submit to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report, prepared in conjunction with 

the Commandant of the Coast Guard, setting forth the capabilities 

and readiness of the Coast Guard to fulfill its national defense responsibilities. 

SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL RECOVERY 

INSTITUTE. 

Section 5001(i) of the Oil Pollution Act of 1990 (33 U.S.C. 

2731(i)) is amended by striking ‘‘10 years’’ and all that follows 

through the period at the end and inserting ‘‘September 30, 2012.’’.

SEC. 428. PROTECTION AGAINST DISCRIMINATION. 

(a) IN GENERAL.—Section 2114(a) of title 46, United States 

Code, is amended to read as follows: 

‘‘(a)(1) A person may not discharge or in any manner discriminate against a seaman because—

‘‘(A) the seaman in good faith has reported or is about to 

report to the Coast Guard or other appropriate Federal agency 

or department that the seaman believes that a violation of a 

maritime safety law or regulation prescribed under that law or 

regulation has occurred; or 

‘‘(B) the seaman has refused to perform duties ordered by 

the seaman’s employer because the seaman has a reasonable apprehension or expectation that performing such duties would result in serious injury to the seaman, other seamen, or the public. 

‘‘(2) The circumstances causing a seaman’s apprehension of serious injury under paragraph (1)(B) must be of such a nature that a 

reasonable person, under similar circumstances, would conclude 

that there is a real danger of an injury or serious impairment of 

health resulting from the performance of duties as ordered by the 

seaman’s employer. 

‘‘(3) To qualify for protection against the seaman’s employer 

under paragraph (1)(B), the employee must have sought from the 

employer, and been unable to obtain, correction of the unsafe condition.’’. 

66

(b) APPROPRIATE RELIEF.—Section 2114(b) of such title is 

amended—

(1) in paragraph (1) by striking ‘‘and’’ at the end; 

(2) in paragraph (2) by striking the period and inserting a 

semicolon; and 

(3) by adding at the end the following: 

‘‘(3) an award of costs and reasonable attorney’s fees to a prevailing plaintiff not exceeding $1,000; and ‘‘(4) an award of costs and reasonable attorney’s fees to a prevailing employer not exceeding $1,000 if the court finds that 

a complaint filed under this section is frivolous or has been 

brought in bad faith.’’. 

SEC. 429. ICEBREAKING SERVICES. 

The Commandant of the Coast Guard shall not plan, implement, or finalize any regulation or take any other action which 

would result in the decommissioning of any WYTL-class harbor 

tugs unless and until the Commandant certifies in writing to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives that sufficient replacement capability has 

been procured by the Coast Guard to remediate any degradation in 

current icebreaking services that would be caused by such decommissioning. 

SEC. 430. FISHING VESSEL SAFETY TRAINING. 

(a) IN GENERAL.—The Commandant of the Coast Guard may 

provide support, with or without reimbursement, to an entity engaged in fishing vessel safety training, including—

(1) assistance in developing training curricula; 

(2) use of Coast Guard personnel, including active duty 

members, members of the Coast Guard Reserve, and members 

of the Coast Guard Auxiliary, as temporary or adjunct instructors; 

(3) sharing of appropriate Coast Guard informational and 

safety publications; and 

(4) participation on applicable fishing vessel safety training 

advisory panels. 

(b) NO INTERFERENCE WITH OTHER FUNCTIONS.—In providing 

support under subsection (a), the Commandant shall ensure that the 

support does not interfere with any Coast Guard function or operation. 

SEC. 431. LIMITATION ON LIABILITY OF PILOTS AT COAST GUARD VESSEL TRAFFIC SERVICES. 

(a) IN GENERAL.—Chapter 23 of title 46, United States Code, is 

amended by adding at the end the following: 

‘‘§ 2307. Limitation of liability for Coast Guard Vessel Traffic 

Service pilots 

‘‘Any pilot, acting in the course and scope of his or her duties 

while at a United States Coast Guard Vessel Traffic Service, who 

provides information, advice, or communication assistance while 

under the supervision of a Coast Guard officer, member, or employee shall not be liable for damages caused by or related to such 

assistance unless the acts or omissions of such pilot constitute gross 

negligence or willful misconduct.’’. 

67

(b) CLERICAL AMENDMENT.—The table of sections for chapter 23 

of title 46, United States Code, is amended by adding at the end 

the following:

‘‘2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots.’’.

SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON CHICAGO 

LAKEFRONT. 

(a) ASSISTANCE AUTHORIZED.—The Coast Guard may transfer 

funds, appropriated by Public Law 107–87 for the construction of a 

Coast Guard Marine Safety and Rescue Station in Chicago, Illinois, 

to the City of Chicago to pay the Federal share of the cost of a 

project to demolish the Old Coast Guard Station, located at the 

north end of the inner Chicago Harbor breakwater at the foot of 

Randolph Street, and to plan, engineer, design, and construct a new 

facility at that site for use as a marine safety station on the Chicago 

lakefront. 

(b) COST SHARING.—

(1) FEDERAL SHARE.—The Federal share of the cost of a 

project carried out with assistance under this section may not 

exceed one-third of the total cost of the project or $2,000,000, 

whichever is less. 

(2) NON-FEDERAL SHARE.—There shall not be applied to the 

non-Federal share of a project carried out with assistance under 

this section—

(A) the value of land and existing facilities used for the 

project; and 

(B) any costs incurred for site work performed before 

the date of the enactment of this Act, including costs for reconstruction of the east breakwater wall and associated 

utilities. 

SEC. 433. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND ASSOCIATED EQUIPMENT RECALLS. 

Section 4310(c) of title 46, United States Code, is amended—

(1) in each of paragraphs (2)(A) and (2)(B) by striking ‘‘5’’

and inserting ‘‘10’’; and 

(2) in each of paragraphs (1)(A), (1)(B), and (1)(C) by inserting ‘‘by first class mail or’’ before ‘‘by certified mail’’.

SEC. 434. REPAIR OF MUNICIPAL DOCK, ESCANABA, MICHIGAN. 

The Secretary of Transportation may transfer to the City of Escanaba, Michigan, up to $300,000 of funds appropriated for Coast 

Guard acquisition, construction, and improvements by Public Law 

107–87, for the repair of the North wall of the municipal dock, Escanaba, Michigan.

SEC. 435. VESSEL GLOBAL EXPLORER. 

The Secretary of Transportation shall amend the certificate of 

documentation of the vessel GLOBAL EXPLORER (United States 

official number 556069) to state that the vessel was built in the year 

2002 in Gulfport, Mississippi.

SEC. 436. ALEUTIAN TRADE. 

(a) LOADLINES.—Section 5102(b)(5)(B)(ii) of title 46, United 

States Code, is amended by inserting ‘‘is not’’ after ‘‘(ii)’’. 

(b) IMPLEMENTATION.—Except as provided in subsection (c), a 

fish tender vessel that before January 1, 2003, transported cargo 

(not including fishery related products) in the Aleutian trade is subVerDate 0ct 31 2002 13:42 Nov 15, 2002 Jkt 190006 PO 00000 Frm 00067 Fmt 6659 Sfmt 6603 E:\HR\OC\HR777.XXX HR777
68

ject to chapter 51 of title 46, United States Code (as amended by 

subsection (a) of this section). 

(c) EXCEPTION.—

(1) IN GENERAL.—Before December 31, 2006, the BOWFIN 

(United States official number 604231) is exempt from chapter 

51 of title 46, United States Code (as amended by subsection (a) 

of this section) when engaged in the Aleutian trade, if the vessel 

does not undergo a major conversion. 

(2) ENSURING SAFETY.—Before the date referred to in paragraph (1), a Coast Guard official who has reason to believe that 

the vessel referred to in paragraph (1) operating under this subsection is in a condition or is operated in a manner that creates 

an immediate threat to life or the environment or is operated 

in a manner that is inconsistent with section 3302 of title 46, 

United States Code, may direct the master or individual in 

charge to take immediate and reasonable steps to safeguard life 

and the environment, including directing the vessel to a port or 

other refuge.

SEC. 437. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY REVISION. 

(a) TRANSFER.—As soon as practicable after the date of enactment of this Act, the Administrator of General Services may transfer 

to the Secretary, without consideration, administrative jurisdiction 

over, and management of, the public land. 

(b) BOUNDARY REVISION.—The boundary of the Lakeshore is revised to include the public land transferred under subsection (a). 

(c) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National 

Park Service. 

(d) ADMINISTRATION.—The Secretary may administer the public 

land transferred under section (a)—

(1) as part of the Lakeshore; and 

(2) in accordance with applicable laws (including regulations). 

(e) ACCESS TO AIDS TO NAVIGATION.—The Secretary of Transportation, in consultation with the Secretary, may access the front 

and rear range lights on the public land for the purposes of servicing, operating, maintaining, and repairing those lights. 

(f) DEFINITIONS.—In this section: 

(1) LAKESHORE.—The term ‘‘Lakeshore’’ means the Pictured 

Rocks National Lakeshore in the State of Michigan. 

(2) MAP.—The term ‘‘map’’ means the map entitled 

‘‘Proposed Addition to Pictured Rocks National Lakeshore’’, 

numbered 625/80048, and dated April 2002. 

(3) PUBLIC LAND.—The term ‘‘public land’’ means the approximately .32 acres of United States Coast Guard land and 

improvements to the land, including the United States Coast 

Guard Auxiliary Operations Station and the front and rear 

range lights, as depicted on the map. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary $225,000 to restore, preserve, 

and maintain the public land transferred under subsection (a).

69

SEC. 438. LORAN–C. 

There are authorized to be appropriated to the Department of 

Transportation, in addition to funds authorized for the Coast 

Guard for operation of the LORAN–C system, for capital expenses 

related to LORAN–C navigation infrastructure, $25,000,000 for fiscal year 2003. The Secretary of Transportation may transfer from 

the Federal Aviation Administration and other agencies of the Department funds appropriated as authorized under this section in 

order to reimburse the Coast Guard for related expenses.

SEC. 439. AUTHORIZATION OF PAYMENT. 

(a) IN GENERAL.—The Secretary of the Treasury shall pay the 

sum of $71,000, out of funds in the Treasury not otherwise appropriated, to the State of Hawaii, such sum being the damages arising 

out of the June 19, 1997, allision by the United States Coast Guard 

Cutter RUSH with the ferry pier at Barber’s Point Harbor, Hawaii. 

(b) FULL SETTLEMENT.—The payment made under subsection 

(a) is in full settlement of all claims by the State of Hawaii against 

the United States arising from the June 19, 1997, allision.

SEC. 440. REPORT ON OIL SPILL RESPONDER IMMUNITY. 

(a) REPORT TO CONGRESS.—Not later than January 1, 2004, the 

Secretary of the department in which the Coast Guard is operating, 

jointly with the Secretary of Commerce and the Secretary of the Interior, and after consultation with the Administrator of the Environmental Protection Agency and the Attorney General, shall submit a 

report to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the immunity from criminal 

and civil penalties provided under existing law of a private 

responder (other than a responsible party) in the case of the incidental take of federally listed fish or wildlife that results from, but 

is not the purpose of, carrying out an otherwise lawful activity conducted by that responder during an oil spill removal activity where 

the responder was acting in a manner consistent with the National 

Contingency Plan or as otherwise directed by the Federal On-Scene 

Coordinator for the spill, and on the circumstances under which 

such penalties have been or could be imposed on a private responder. The report shall take into consideration the procedures 

under the Inter-Agency Memorandum for addressing incidental 

takes. 

(b) DEFINITIONS.—In this section—

(1) the term ‘‘Federal On-Scene Coordinator’’ has the meaning given that term in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); 

(2) the term ‘‘incidental take’’ has the meaning given that 

term in the Inter-Agency Memorandum; 

(3) the term ‘‘Inter-Agency Memorandum’’ means the InterAgency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities under the Federal Water Pollution 

Control Act’s National Oil and Hazardous Substances Pollution 

Contingency Plan and the Endangered Species Act, effective on 

July 22, 2001; 

(4) the terms ‘‘National Contingency Plan’’, ‘‘removal’’, and 

‘‘responsible party’’ have the meanings given those terms under 

70

section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701); 

and 

(5) the term ‘‘private responder’’ means a nongovernmental 

entity or individual that is carrying out an oil spill removal activity at the direction of a Federal agency or a responsible 

party.

SEC. 441. FISHING AGREEMENTS. 

(a) IN GENERAL.—Section 10601(a) of title 46, United States 

Code, is amended—

(1) by inserting after ‘‘on a voyage, the’’ the following: 

‘‘owner, charterer, or managing operator, or a representative 

thereof, including the’’; and 

(2) by inserting a comma after ‘‘individual in charge’’. 

(b) CLERICAL AND CONFORMING AMENDMENTS.—Section 10601 

of title 46, United States Code, is amended—

(1) in subsection (a) by striking ‘‘enployed’’ and inserting 

‘‘employed’’; 

(2) by striking subsection (b); and 

(3) by redesignating subsection (c) as subsection (b). 

(c) APPLICATION.—An agreement that complies with the requirements of section 10601(a) of title 46, United States Code, as herein 

amended, and that is not the subject of an action prior to June 20, 

2002, alleging a breach of subsections (a) or (b) of section 10601 as 

in effect on such date, is hereby deemed to have been in compliance 

with such subsections. 

SEC. 442. ELECTRONIC PUBLISHING OF MARINE CASUALTY REPORTS. 

(a) IN GENERAL.—Section 6101 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘(g)(1) The Secretary shall publish all major marine casualty 

reports prepared in accordance with this section in an electronic 

form, and shall provide information electronically regarding how 

other marine casualty reports can be obtained. 

‘‘(2) For purposes of this paragraph, the term ‘major marine 

casualty’ means a casualty involving a vessel, other than a public 

vessel, that results in—

‘‘(A) the loss of 6 or more lives; 

‘‘(B) the loss of a mechanically propelled vessel of 100 or 

more gross tons; 

‘‘(C) property damage initially estimated at $500,000 or 

more; or 

‘‘(D) serious threat, as determined by the Commandant of 

the Coast Guard with concurrence by the Chairman of the National Transportation Safety Board, to life, property, or the environment by hazardous materials. 

‘‘(h) The Secretary shall, as soon as possible, and no later than 

January 1, 2005, publish all marine casualty reports prepared in 

accordance with this section in an electronic form.’’. 

(b) APPLICATION.—The amendment made by subsection (a) applies to all marine casualty reports completed after the date of enactment of this Act. 

SEC. 443. SAFETY AND SECURITY OF PORTS AND WATERWAYS. 

The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) 

is amended—

71

(1) by striking ‘‘safety and protection of the marine environment’’ in section 2(a) (33 U.S.C. 1221(a)) and inserting ‘‘safety, 

protection of the marine environment, and safety and security 

of United States ports and waterways’’; and 

(2) by striking ‘‘safety and protection of the marine environment,’’ in section 5(a) (33 U.S.C. 1224(a)) and inserting ‘‘safety, 

protection of the marine environment, and the safety and security of United States ports and waterways,’’. 

SEC. 444. SUSPENSION OF PAYMENT. 

(a) IN GENERAL.—Title 14, United States Code, is amended by 

inserting after section 424 the following: 

‘‘§ 424a. Suspension of payment of retired pay of members 

who are absent from the United States to avoid 

prosecution 

‘‘Under procedures prescribed by the Secretary, the Secretary 

may suspend the payment of the retired pay of a member or former 

member during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and 

civil proceedings for which the procedures may be used, including 

the offenses specified in section 8312 of title 5, and the manner by 

which a member, upon the return of the member to the United 

States, may obtain retired pay withheld during the member’s absence.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 11 of title 14, United States Code, is amended by 

inserting after the item relating to section 424 the following:

‘‘424a. Suspension of payment of retired pay of members who are absent from the 

United States to avoid prosecution.’’.

SEC. 445. PROHIBITION ON NAVIGATION FEES. 

Section 4 of the Rivers and Harbors Appropriation Act of 1884 

(33 U.S.C. 5) is amended as follows: 

(1) The existing text is designated as subsection (a). 

(2) The following is added at the end: 

‘‘(b) No taxes, tolls, operating charges, fees, or any other impositions whatever shall be levied upon or collected from any vessel or 

other water craft, or from its passengers or crew, by any non-Federal interest, if the vessel or water craft is operating on any navigable waters subject to the authority of the United States, or under 

the right to freedom of navigation on those waters, except for—

‘‘(1) fees charged under section 208 of the Water Resources 

Development Act of 1986 (33 U.S.C. 2236); or 

‘‘(2) reasonable fees charged on a fair and equitable basis 

that—

‘‘(A) are used solely to pay the cost of a service to the 

vessel or water craft; 

‘‘(B) enhance the safety and efficiency of interstate and 

foreign commerce; and 

‘‘(C) do not impose more than a small burden on interstate or foreign commerce.’’.

72

TITLE V—AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Coast Guard Authorization Act 

for Fiscal Year 2003’’. 

SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 

Funds are authorized to be appropriated for fiscal year 2003 for 

necessary expenses of the Coast Guard as follows: 

(1) For the operation and maintenance of the Coast Guard, 

$4,327,456,000, of which $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. 

(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, 

vessels, and aircraft, including equipment related thereto, 

$725,000,000, of which $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. 

(3) 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, $22,000,000, to remain available until expended, of which 

$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. 

(4) For retired pay (including the payment of obligations 

otherwise chargeable to lapsed appropriations for this purpose), 

payments under the Retired Serviceman’s Family Protection 

and Survivor Benefit Plans, and payments for medical care of 

retired personnel and their dependents under chapter 55 of title 

10, United States Code, $889,000,000. 

(5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, 

and for personnel and administrative costs associated with the 

Bridge Alteration Program, $18,000,000, to remain available 

until expended. 

(6) For environmental compliance and restoration at Coast 

Guard facilities (other than parts and equipment associated 

with operations and maintenance), $17,000,000, to remain 

available until expended. 

SEC. 503. 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, 2003. 

(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 2003, 

2,250 student years. 

73

(2) For flight training for fiscal year 2003, 125 student 

years. 

(3) For professional training in military and civilian institutions for fiscal year 2003, 300 student years. 

(4) For officer acquisition for fiscal year 2003, 1,150 student years.

74

And the House agree to the same.

From the Committee on Transportation and Infrastructure, for consideration of the Senate bill and the House 

amendment, and modifications committed to conference: 

DON YOUNG, 

HOWARD COBLE, 

FRANK A. LOBIONDO, 

JIM OBERSTAR, 

CORRINE BROWN, 

From the Committee on Ways and Means, for consideration of secs. 112 and 115 of the Senate bill, and sec. 108 

of the House amendment, and modifications committed to 

conference: 

WILLIAM THOMAS, 

PHIL CRANE, 

CHARLES B. RANGEL, 

Managers on the Part of the House. 

ERNEST F. HOLLINGS, DANIEL INOUYE, JOHN F. KERRY, JOHN BREAUX, RON WYDEN, MAX CLELAND, BARBARA BOXER, JOHN MCCAIN, TED STEVENS, TRENT LOTT, KAY BAILEY HUTCHISON, OLYMPIA SNOWE, GORDON SMITH, BOB GRAHAM, 

CHUCK GRASSLEY, Managers on the Part of the Senate.

(75)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the Senate and the House at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the House to the bill (S. 1214) to ensure the security 

of maritime transportation in the United States against acts of terrorism, and for other purposes, submit the following joint statement to the Senate and the House in explanation of the effect of 

the action agreed upon by the managers and recommended in the 

accompanying conference report: 

The House amendment struck all of the Senate bill after the 

enacting clause and inserted a substitute text. 

The Senate recedes from its disagreement to the amendment 

of the House with an amendment that is a substitute for the Senate bill and the House amendment. The differences between the 

Senate bill, the House amendment, and the substitute agreed to in 

conference are noted below, except for clerical correction, conforming changes made necessary by agreements reached by the 

conferees, and minor drafting and clerical changes. 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS

Section 1 of the Senate bill states that the Act may be cited 

as the ‘‘Port and Maritime Security Act of 2001.’’

Section 1 of the House amendment states that the Act may be 

cited as the ‘‘Maritime Transportation Antiterrorism Act of 2002.’’

The Conference substitute states that the Act may be cited as 

the ‘‘Maritime Transportation Security Act of 2002.’’

TITLE I—MARITIME TRANSPORTATION SECURITY

SECTION 101. FINDINGS

Section 101 of the Senate bill states a number of Congressional 

findings in regard to the Port and Maritime Security Act of 2001. 

The House bill does not contain a comparable provision. 

The Conference substitute adopts the Senate provision with an 

amendment. 

SECTION 102. PORT SECURITY

Senate bill 

Definitions 

Section 123 of the Senate bill contains various definitions of 

terms in S. 1214. 

76

Initial security evaluations and port vulnerability assessments 

Section 103 of the Senate bill requires the Secretary of Transportation, after consultation with appropriate public and private 

sector officials and organizations, to develop standards and procedures for conducting initial security evaluations and port vulnerability assessments. 

National maritime transportation security plan 

Section 203 of the Senate bill requires the Secretary of Transportation to prepare and publish a National Maritime Transportation Security Plan for prevention and response to maritime crime 

and terrorism. 

Area maritime security committees and area maritime security plans 

Section 204 of the Senate bill establishes Area Maritime Security Plans. 

Maritime facility security plans 

Section 105 of the Senate bill requires the Secretary of Transportation, after consultation with the Secretary of the Treasury and 

the Attorney General, to issue regulations establishing requirements for the submission of a Maritime Facility Security Plan by 

each port authority, waterfront facility operator, or operator of a 

public or commercial structure located within a marine environment. 

Vessel security plans 

Section 205 of the Senate bill authorizes the Secretary of 

Transportation to issue regulations establishing requirements for 

vessel security plans and programs for vessels calling on United 

States ports. 

Protection of security-related information 

Section 206 of the Senate bill prohibits the security plan information developed under this Act from disclosure. 

Employment investigations and restrictions for security-sensitive positions 

Section 106 of the Senate bill requires the Secretary of Transportation to control access to areas in the Maritime Facility Security Plan for each waterfront facility and to limit access to securitysensitive information. The regulations may also require employment history and criminal background checks for individuals with 

unrestricted access to controlled areas or sensitive information. 

Maritime safety and security teams 

Section 117 of the Senate bill requires the Secretary of Transportation to establish Maritime Safety and Security Teams to safeguard the public and protect vessels, harbors, ports, and other waterfront facilities. 

77

Port security infrastructure improvement 

Section 111 of the Senate bill amends the Merchant Marine 

Act of 1936 to provide loan guarantees and grants for port security 

infrastructure improvements. 

Research and development for crime and terrorism prevention 

and detection technology 

Section 118 of the Senate bill requires the Secretary of Transportation to establish a grant program to fund eligible projects for 

the development, testing, and transfer of technology to enhance security at United States ports. 

International port security 

Section 108 of the Senate bill gives the Secretary of Transportation additional authority to address security risks arising from 

foreign ports, such as enhanced enforcement against vessels arriving from these ports, travel advisories for passengers, suspension 

of the right of a United States vessel to enter these ports, and authority to assist foreign port authorities to maintain an appropriate 

level of security. 

Enhanced crewmember identification 

Section 208 of the Senate bill authorizes the Secretary of 

Transportation, in consultation with the Attorney General, to require crewmembers aboard vessels calling on the United States 

ports to carry and present upon demand such identification as the 

Secretary determines. 

National maritime security advisory committee 

Section 102 of the Senate bill amends the Ports and Waterways Safety Act to require the Secretary of Transportation to establish a National Maritime Advisory Committee. 

Area maritime security committees and area maritime security plans 

Section 204 of the Senate bill requires the Secretary of Transportation to establish Area Maritime Security Committees comprised of members appointed by the Secretary.

Establishment of local port security committees 

Section 104 of the Senate bill requires the Secretary of Transportation to establish local port security committees at each U.S. 

seaport. 

Maritime domain awareness 

Section 107 of the Senate bill directs the Secretary of Transportation to conduct a study on ways to enhance Maritime Domain 

Awareness through improved collection and coordination of maritime intelligence. 

House amendment 

Section 101 of the House amendment creates a new subtitle VI 

of title 46, United States Code, to establish a comprehensive naVerDate 0ct 31 2002 13:42 Nov 15, 2002 Jkt 190006 PO 00000 Frm 00077 Fmt 6601 Sfmt 6601 E:\HR\OC\HR777.XXX HR777
78

tional system of antiterrorism security enhancements. Chapter 701 

of this subtitle contains provisions related to port security. 

Definitions 

New Section 70101 of chapter 701 provides the definitions of 

seven terms used throughout the new chapter. 

United States facility vulnerability assessments 

Section 70102 requires the Secretary of Transportation to conduct port vulnerability assessments for U.S. ports, including an assessment of the vulnerability of each facility in a port, at which 

there is a risk of a catastrophic emergency. 

Catastrophic emergency planning 

Section 70103 establishes the national maritime transportation 

antiterrorism planning system. The Secretary is required to prepare a National Maritime Transportation Antiterrorism Plan to assign the duties and responsibilities of the various Federal, state, 

and local governmental agencies. Area Maritime Transportation 

Antiterrorism Plans are developed by Federal maritime 

antiterrorism coordinators, who are Coast Guard officials designated in the National Plan, in consultation with local harbor 

safety advisory committees. Vessel and facility antiterrorism plans 

must be developed by owners and operators of vessels and facilities 

that the Secretary believes may be involved in a catastrophic emergency. 

Antiterrorism response 

Section 70104 of chapter 701 requires the Secretary of Transportation to cooperate with the Director of Federal Emergency 

Management Agency (FEMA) to coordinate maritime terrorism response actions. 

Transportation security cards 

Section 70105 establishes a national standard for issuance of 

biometric transportation security cards whose purpose is to control 

access to secure terminal areas to only authorized personnel. The 

Secretary is required to issue an individual a transportation security card unless the Secretary decides that the individual poses a 

terrorism security risk to the United States warranting denial of 

the card. 

Maritime antiterrorism teams 

Section 70106 establishes Coast Guard maritime antiterrorism 

teams to protect vessels, ports, facilities, and cargo on United 

States’ waters. 

Grants 

Section 70107 allows the Under Secretary of Transportation for 

Security to provide financial assistance for enhanced facility security to implement a maritime antiterrorism plan approved by the 

Coast Guard or an interim measure required by the Coast Guard. 

79

Foreign port assessment 

Section 70108 requires the Secretary to assess the effectiveness 

of the antiterrorism measures maintained at all foreign ports from 

which vessels depart on a voyage to the United States or which 

pose a high risk of terrorism to the United States. 

Notifying foreign authorities 

Section 70109 of chapter 701 requires the Secretary, after conducting a foreign port assessment, to contact the foreign government if he finds that a port in that foreign country does not maintain effective antiterrorism measures. 

Actions when foreign ports not maintaining effective 

antiterrorism measures 

If the Secretary finds that a foreign port does not maintain effective antiterrorism measures, section 70110 allows him to prescribe conditions of entry into the United States for any vessel arriving from that port. The Secretary may also deny entry into the 

United States to any vessel that does not meet these conditions. 

Crew and passenger manifests 

Section 70111 requires that the operators of commercial vessels arriving in the United States from a foreign port provide the 

Under Secretary of Transportation for Security with a passenger 

and crew manifest.

Automatic identification system 

Section 107 of the House amendment establishes a phase in 

schedule for most commercial vessels to be equipped with a position-indicating transponder and an appropriate situation display 

for accessing the information made available by the transponder 

system. 

Civil penalty 

Section 70112 establishes a civil penalty of not more than $25,000 for each violation of this new chapter. 

Conference substitute 

Section 102 of the Conference substitute creates a new subtitle 

VI of title 46, United States Code, to establish a comprehensive national system of transportation security enhancements. Chapter 

701 of this subtitle contains provisions related to port security. 

Definitions 

New section 70101 provides definitions for six terms to be used 

in new chapter 701. The term ‘‘Secretary’’ is defined as the Secretary of the department in which the Coast Guard is operating. 

The term ‘‘transportation security incident’’ is defined as a security 

incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption. 

United States facility and vessel vulnerability assessments 

Section 70102 requires the Secretary to conduct initial assessments of vessel types and facilities, located on or adjacent to the 

80

waters subject to the jurisdiction of the U.S., and to identify which 

of these vessels or facilities pose a high risk of being involved in 

a transportation security incident. Based on the information gathered in the initial assessments, the Secretary is required to conduct 

a detailed vulnerability assessment for facilities and vessels that 

may be involved in a transportation security incident. The Secretary may also accept an alternative assessment prepared by or 

on behalf of a vessel or facility owner or operator if that assessment satisfies certain criteria. 

Maritime transportation security plans 

Section 70103 of new chapter 701 requires the Secretary to establish the National Maritime Transportation Security Plan for deterring and responding to a transportation security incident. The 

National Maritime Transportation Security Plan must include a 

risked-based system for evaluating the potential threat to security 

zones designated by the Secretary on the waters subject to the jurisdiction of the U.S. Each Federal Maritime Security Coordinator, 

after soliciting advice from the Area Security Advisory Committee, 

is required to submit to the Secretary an Area Maritime Transportation Security Plan for each individual area established under the 

National Maritime Transportation Security Plan. Finally, section 

70103 requires owners and operators of vessels and facilities, which 

the Secretary believes may be involved in a transportation security 

incident, to develop vessel and facility security plans. Section 

70103(c)(3)(D) regarding antiterrorism measures is not intended to 

require vessel operators to contract in advance or otherwise arrange for antiterrorism response resources. The Conferees consider 

antiterrorism response the responsibility of local, state and Federal 

law enforcement agencies. 

The Conferees urge the Secretary to review and approve the 

vessel and facility security plans in a timely manner. Vessel and 

facility owners should not be required to cease their operations due 

to the failure of the Secretary to approve their vessel or facility 

transportation security plans in a reasonable time period. 

Nothing in new section 70103(d) should prevent the Secretary 

from making the facility security plans, vessels security plans, and 

port vulnerability assessments available to the owners or operators 

of the vessel or facilities that are the subject of the plans or assessments. 

Transportation security incident response 

Section 70104 requires the Secretary to establish a system of 

security incident response plans developed for vessels and facilities 

that may be involved in a transportation security incident. Tank 

vessels are currently required under the Oil Pollution Act of 1990 

to have oil spill response plans. The Secretary may allow these 

plans to be used to address oil spilled from vessels involved in a 

transportation security incident. Similarly, some states, such as 

Alaska, Washington, Oregon, and California, require non-tank vessels to have oil spill response plans. The Secretary may also allow 

these state approved plans to be used to address oil spilled from 

these non-tank vessels involved in a transportation security incident. 

81

Transportation security cards 

Section 70105 establishes a national standard for issuance of 

transportation security cards whose purpose is to control access to 

ensure terminal areas to only authorized personnel. 

The Conferees expect the Secretary to take appropriate action 

to ensure that transportation security cards are processed in an expeditious manner in order to prevent undue disruptions at our nation’s ports. In particular, the Conferees are aware of the concerns 

raised by the operators of towing vessels, particularly those operating on the inland waterways of the United States, about the potential for delay in the issuance of transportation security cards. 

Any undue delay by the Secretary in processing applications and 

issuing the required cards upon approval could severely impact the 

ability of vessel owners to crew vessels and could severely disrupt 

operating schedules.

In an effort to prevent disruptions to port and maritime operations, the Conference agreement includes statutory language to 

provide flexibility to the Secretary in administering the transportation security card program to take into account the unique circumstances and risks presented by particular segments of the 

transportation industry. The Conferees encourage the Secretary to 

work with all affected parties, including the inland and coastal tug, 

towboat, and barge industry, to ensure timely processing of applications and to address those cases where the Secretary is unable to 

issue a transportation security card within seventy-two hours of receipt of the application. 

Maritime safety and security teams 

Section 70106 establishes Coast Guard maritime safety and security teams to protect vessels, ports, facilities, and cargo on 

United States’ waters. The Conferees believe that Coast Guard vessels used by the maritime safety and security teams should be 

sized and comprised of hull materials tailored to enhance the performance for the varying roles of maritime security. The hull material and shape should fit the specific mission requirements. No hull 

composition should be excluded without an independent analysis. 

Maritime safety and security team vessels must be able to intercept suspect boats before they threaten America’s ports and waterways. 

Grants 

Section 70107 provides financial assistance for enhanced security to implement facility or area maritime security plans approved 

by the Coast Guard or an interim security measure required by the 

Coast Guard. 

The Conferees believe that water-based security barriers or 

caissons should be eligible for Federal financial assistance for vessel and facility security upgrades authorized under section 70107. 

This section authorizes matching grants for various types of security upgrades at U.S. ports and U.S. maritime areas including reimbursements for security enhancements that have corrected security vulnerabilities since September 11, 2001, that are consistent 

with their Area Maritime Transportation Security Plans and facility security plans. 

82

The economies and quality of life in Alaska and Hawaii are directly related to the functionality and operability of their ports. 

These states are reliant on maritime transportation and are lacking readily available or economically comparable alternative modes 

for transporting general commodities. The Conferees encourage the 

Secretary to give consideration to these features. 

This section also provides $15 million for each of fiscal years 

2003 through 2008 for research and development grants for port security. 

The Center for Commercial Deployment of Transportation 

Technologies program is sponsored by the U.S. Maritime Administration and the U.S. Department of Defense under a cooperative 

agreement with the California State University Long Beach. The 

program involves the development of dual use transportation and 

transformational technologies and can help secure the international 

intermodal transportation system. The Conferees encourage the 

Secretary of Transportation and the Secretary of Defense to obligate any current and prior year appropriations under the continuing cooperative agreement with minimal administrative surcharge. 

This section also provides reporting requirements that would 

mandate proposed levels of funding to ensure compliance with security plans. The reports would be required annually to assess 

overall levels of security. 

Foreign port assessment 

New section 70108 of title 46 requires the Secretary to assess 

the effectiveness of the antiterrorism measures maintained at a foreign port from which vessels depart on a voyage to the United 

States or which poses a high risk of introducing terrorism to international maritime commerce. 

Notifying foreign authorities 

Section 70109 requires the Secretary, after conducting a foreign port assessment, to contact the foreign government if he finds 

that a port in that foreign country does not maintain effective 

antiterrorism measures. Section 70109(b) requires the Secretary to 

make available a port security training program for ports in foreign 

counties that are found under section 70108 to lack adequate security measures. Inter-American Port Security Training Program 

(IAPSTP) is administered by the U.S. Maritime Administration 

under the authority of the U.S. Department of State. Currently, the 

program works with the Organization of American States to transfer technical information and security expertise related to port security and to develop cooperative regional efforts among the public 

and private sector that protect the flow of international maritime 

trade. The program also works with member nations to develop recommendations pertaining to strategic regional approaches to seaport crime, international port and cargo security standards, and 

other multilateral cooperative endeavors. The Conferees believe 

that expanding IAPSTP to include nations that lack adequate port 

security measures will help increase worldwide understanding of 

maritime and port security. Expansion of the program to other naVerDate 0ct 31 2002 13:42 Nov 15, 2002 Jkt 190006 PO 00000 Frm 00082 Fmt 6601 Sfmt 6601 E:\HR\OC\HR777.XXX HR777
83

tions can lead to increased multilateral approaches to improving 

port and cargo security. 

Actions when foreign ports not maintaining effective 

antiterrorism measures 

If the Secretary finds that a foreign port does not maintain effective antiterrorism measures, section 70110 allows him to prescribe conditions of entry into the United States for any vessel arriving from that port. The Secretary may also deny entry into the 

United States to any vessel that does not meet these conditions.

Enhanced crew member identification 

Section 70111 requires crew members on vessels calling at U.S. 

ports to carry and present on demand any identification that the 

Secretary decides is necessary. 

Maritime security advisory committees 

Section 70112 requires the Secretary to establish a National 

Maritime Security Advisory Committee and Area Maritime Security Advisory Committees for any port area of the United States. 

The Committees may advise, consult, and make recommendations 

to the Secretary on ways to enhance security and safety at U.S. 

seaports. 

Maritime intelligence 

Section 70113 requires the Secretary to implement a system to 

collect, integrate, and analyze information concerning vessels operating in waters subject to the jurisdiction of the U.S. The Secretary 

may collect information from public and private entities to the extent that the information is not provided by other Federal departments and agencies. 

The Conferees want to emphasize the importance of establishing a risk-based system for evaluating the potential threat of 

vessels entering the U.S. A majority of the domestic and international vessels entering U.S. ports are not subject to any screening procedures. This lack of physical screening increases the risk 

of terrorist activities in U.S. ports and the need to develop a system which can identify and assess the vessels that pose the greatest threat to U.S. national security. The Conferees are aware that 

a terrorism risk profiling system has been developed that assigns 

incoming vessels a risk rating. This rating is based on an integrated data analysis that links vessel characteristics and ownership details to political and strategic information related to international terrorism. A vessel screening system which provides shipping intelligence and analysis can be utilized to identify those vessels requiring close inspection by the Coast Guard and other agencies. We urge the Coast Guard and port authorities to include vessel risk profiling in their enhanced security procedures. 

The Conferees are concerned about the lack of coordination between Federal agencies that collect and analyze intelligence data 

and urge the various Federal agencies involved in port security to 

work together to assure that American ports are protected from a 

terrorist threat. 

84

The Conferees also note that section 108 of this Act requires 

the sharing of cargo information and urge that cargo information 

be integrated into any screening system implemented. 

Automatic identification systems 

Section 70114 requires that certain vessels be equipped with 

and operate an automatic identification system (AIS) under regulations prescribed by the Secretary. The AIS includes a position indicating transponder and an electronic charting or situation display 

for accessing the information made available by the transponder 

system. This will allow a vessel operator to more easily identify the 

position and hearing of their vessel and other vessels navigating in 

the area. It will also allow shore-based Coast Guard facilities to 

more easily monitor the location and heading of vessels in their 

area. 

Long-range vessel tracking system 

Section 70115 authorizes the Secretary to develop and implement a long-range automated secure vessel tracking system for all 

vessels on voyages in U.S. waters that are equipped with the Global Maritime Distress and Safety System or equivalent satellite 

technology. The Secretary may use existing maritime organizations 

to collect and monitor tracking information under the system. 

Secure systems of transportation 

Section 70116 requires the Secretary, in consultation with the 

Transportation Security Oversight Board, to establish a program to 

evaluate and certify secure systems of international intermodal 

transportation. 

In establishing secure systems of transportation standards, the 

Conferees encourage the Secretary to consider the possible role of 

third party experts who meet regulatory requirements to be established by the Secretary of Transportation to perform pre-loading security audits at the load site of the exporter. 

Civil penalty 

Section 70117 establishes a civil penalty of not more than $25,000 for each violation of this new chapter. 

SECTION 103. INTERNATIONAL SEAFARER IDENTIFICATION

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

Section 103 of the Conference substitute encourages the Secretary of the Department in which the Coast Guard is operating to 

undertake negotiations on an international agreement that provides for an international system for identifying seafarers. If the 

Secretary is unable to negotiate this agreement within 24 months, 

he is required to submit to Congress a draft of legislation which 

would establish a system for identifying seafarers. 

SECTION 104. EXTENSION OF SEAWARD JURISDICTION

Section 119 of the Senate bill extends the territorial jurisdiction of the United States from 3 miles off the shore, to 12 miles. 

85

This extension of jurisdiction is consistent with Presidential Proclamation 5928 of December 27, 1988, and is also consistent with the 

Law of the Sea. The section also creates civil penalties for violating 

this Act not to exceed $25,000 for each violation. 

Section 103 of the House amendment is very similar to the 

Senate provision. 

The Conference substitute adopts the House amendment. 

To better protect our ports and waterways and effectively 

counter the threat posed by maritime terrorism, the United States 

must be able to exercise broad powers in the maritime environment. International law, both conventional and customary, provides coastal States with broad security powers in the maritime environment. Both the Convention on the Territorial Sea and Contiguous Zone, 1958 (TSC), to which the United States is a party, and 

the 1982 United Nations Convention on the Law of the Sea (LOS), 

clearly recognize coastal States’ sovereignty in their territorial sea. 

Article 14(4) of the TSC states that innocent passage ‘‘shall take 

place in conformity with these articles and with other rules of 

international law.’’ The ‘‘other rules of international law’’ include 

customary international law. The United States, although not a 

party to the 1982 United Nations Convention on the Law of the 

Sea (LOS), has consistently maintained that specific provisions, including Article 21, represent customary international law. Therefore, the Conferees note that Section 33 U.S.C. 1223(d) of the Ports 

and Waterways Safety Act (33 U.S.C. 1221, et seq.) (PWSA), which 

limits application of the PWSA with respect to foreign vessels in 

innocent passage to actions authorized by ‘‘international treaty, 

convention or agreement, to which the United States is a party’’, also allows for such actions to be taken under PWSA which are 

consistent with customary international law. 

SECTION 105. SUSPENSION OF LIMITATION ON STRENGTH OF COAST

GUARD

Section 120 of the Senate bill suspends the effectiveness of any 

end-strength and grade distribution for the Coast Guard for any 

fiscal year that there is in effect a declaration of war or national 

emergency, for a period not to exceed six months after the end of 

the war or national emergency. 

Section 104 of the House amendment is identical to the Senate 

bill. 

The Conference substitute adopts the Senate provision. 

SECTION 106. EXTENSION OF THE DEEPWATER PORT ACT TO NATURAL

GAS

Section 201 of the Senate bill allows natural gas to be included 

in the Deepwater Port Act which establishes a system for permitting and licensing deepwater terminals. Currently, only oil facilities are included in this Federal law. 

Section 105 of the House amendment includes the identical 

provision of the Senate bill with several additional subsections. 

These technical provisions ensure the proper application and administration of the Deepwater Port Act to offshore natural gas facilities and enable the timely development of offshore natural gas 

facilities. 

86

The Conference substitute adopts the House provisions along 

with an amendment which includes an expanded definition of a 

deepwater port for natural gas and clarifies the scope of application 

of the Deepwater Port Act. 

The Deepwater Port Act, as enacted in 1974, established a system for permitting and licensing deepwater terminals for the handling and transfer of oil in water beyond the territorial limits of the 

U.S. The Deepwater Port Modernization Act, enacted in 1996, 

streamlined the regulation of these facilities, repealed the previous 

limitation on uses of a deepwater port, and authorized uses not inconsistent with the purposes of the Act. Under the current law and 

applicable regulations, an existing deepwater port may be authorized to transport commodities other than oil, including natural gas, 

upon the approval of any necessary amendments to its operations 

manual. Section 106 of the Conference substitute allows a deepwater port to be licensed for purposes of natural gas importation, 

storage and handling, regardless of whether the port is also used 

for the transportation of crude oil. 

The Conferees do not intend these amendments to the Deepwater Port Act of 1974 to apply to the production or gathering of 

oil or natural gas from the Continental Shelf or facilities used exclusively in the production or gathering of oil or natural gas from 

the Continental Shelf. 

SECTION 107. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA

MARSHALS AND ENHANCED USE OF OTHER SECURITY PERSONNEL

Section 202 of the Senate bill amends the Ports and Waterways Safety Act to allow the dispatch of properly trained and qualified armed Coast Guard personnel on facilities and vessels to deter 

or respond to acts of terrorism. This provision also requires the 

owner and operator of a commercial structure or a vessel to provide 

the appropriate level of security, as necessary, including armed security. The bill further requires that the Secretary of Transportation issue a report on the use of non-Coast Guard personnel as 

sea marshals. 

Section 106 of the House amendment is similar to the Senate 

provision except that the House provision does not include the requirement for private facility and vessel security. 

The Conference substitute amends the Ports and Waterways 

Safety Act to allow for the dispatch of properly trained and qualified armed Coast Guard personnel on facilities and vessels to deter 

or respond to acts of terrorism or transportation security incidents. 

The substitute also requires that the Secretary of the department 

in which the Coast Guard is operating to report to Congress on the 

use of non-Coast Guard personnel as sea marshals. 

SECTION 108. TECHNICAL AMENDMENTS CONCERNING THE

TRANSMITTAL OF CERTAIN INFORMATION TO THE CUSTOMS SERVICE

Section 115 of the Senate bill amends the Tariff Act of 1930 

to require a carrier, including a non-vessel owning common carrier, 

to provide by electronic transmission cargo manifest information in 

advance of port entry or clearance. The section outlines the cargo 

and route information that must be transmitted. The section also 

prohibits the export of cargo unless properly documented and preVerDate 0ct 31 2002 13:42 Nov 15, 2002 Jkt 190006 PO 00000 Frm 00086 Fmt 6601 Sfmt 6601 E:\HR\OC\HR777.XXX HR777
87

vents a marine terminal operator from loading any cargo that is 

not documented. 

Section 108 of the House amendment amends the Tariff Act of 

1930 to require that each land, air, or vessel carrier, which enters 

the U.S., provide by electronic transmission cargo information in 

advance of entry in such manner, time, and form as prescribed 

under regulations by the Secretary of the Treasury. The Secretary 

of the Treasury is also required to provide this advance cargo information to any appropriate Federal agency. 

The Conference substitute contains amendments to section 

431A of the Tariff Act of 1930, as added by section 343(b) of the 

Trade Act of 2002, Public Law 107–210, including a requirement 

that the Secretary of the Treasury provide the appropriate Federal 

departments and agencies with cargo information obtained pursuant to this section. The Conference substitute also amends section 

343(a) of Public Law 107–210. 

SECTION 109. MARITIME SECURITY PROFESSIONAL TRAINING

Section 110 of the Senate bill requires the Secretary of Transportation to develop standards and a curriculum to allow for the 

training and certification of maritime security professionals. The 

section further authorizes the Secretary to make training opportunities available to any law enforcement or maritime security personnel in the United States. 

Section 101 of the House bill authorizes $4 million for each of 

fiscal years 2003, 2004, and 2005 to be used for maritime security 

training grants. These grants must be used by these educational 

institutions for the development and implementation of a comprehensive port and maritime security education program. 

The Conference substitute adopts the Senate provision with an 

amendment to authorize $5.5 million for each of fiscal years 2003 

through 2008 for maritime training. 

The Conferees believe that proper training is an essential element of any effective strategy to combat terrorism and enhance the 

security of our Nation’s ports and waterways. Effective training requires both undergraduate and professional level training curriculums. An essential element of undergraduate studies is to ensure 

that licensed maritime professionals have a full understanding of 

security procedures, principles, and methods along with a thorough 

grasp of intermodal transportation and logistics requirements. 

These trained individuals will be the first line of defense against 

a waterborne security threat. This training should also produce 

maritime professionals who will be able to implement methods of 

tracking an identification of containerized cargo that could potentially threaten the security of our country. 

Effective professional level training curriculum involves two 

elements. The first is advanced and refresher training of licensed 

maritime and other transportation professionals in port and transportation security. The second element is to provide security and 

law enforcement professionals, charged with port security responsibilities, with the necessary background in methods and operation 

of a safe and efficient intermodal transportation system. 

88

SECTION 110. ADDITIONAL REPORTS

Section 121 of the Senate bill requires the Secretary of Transportation to report to Congress on the need for additional security 

measures to protect the flow of commerce, on the status of port security, and on the steps taken to improve port security. This section would also require the Secretary of Transportation to report on 

the development of maritime security training programs established under the Senate passed bill. Finally, the section would require the Commissioner of the U.S. Customs Service to report to 

Congress on the expenditure of funds to improve cargo screening. 

The House amendment contains no comparable provision. 

The Conference substitute adopts the Senate provision with an 

amendment. 

SECTION 111. PERFORMANCE STANDARDS

Section 207 of Senate bill requires the Secretary of Transportation and the Secretary of the Treasury to establish a joint task 

force to work with ocean shippers in the development of a system 

to track data for shipments, containers, and contents. 

By not later that June 30, 2003, section 101 of the House 

amendment requires the Under Secretary of Transportation for Security, in consultation with the Transportation Security Oversight 

Board, to develop and maintain an antiterrorism cargo identification, tracking, and screening system for containerized cargo 

shipped to and from the United States. This section also requires 

the Under Secretary to develop performance standards to enhance 

the physical security of shipping containers, including standards 

for seals and locks as well as systems to detect any tampering or 

breaking of the seal or container integrity. 

The Conference substitute adopts the House provision with an 

amendment which substitutes the Under Secretary of Transportation with the Secretary of the Department in which the U.S. 

Coast Guard is operating and extends the compliance date to January 1, 2004.

In seeking to provide the greatest protection for ports and the 

communities that surround them against terrorist attacks, the 

Conferees believe it is essential that the Federal government and 

local port authorities be encouraged to use state of the art technology as part of a comprehensive approach to security. The Conferees also want to encourage the private sector to continually advance state of the art technology as a means of enhancing detection 

capabilities and thus enhancing detection capabilities and thus enhancing deterrence over time. 

The Conferees are interested in those projects that incorporate 

technologies capable of automatically detecting weapons of mass 

destruction, shielded nuclear material, explosives, and chemical 

weapons in fully loaded cargo containers without the need for humans to open and manually inspect the containers. The Conferees 

understand that pulsed fast neutron technology is capable of meeting this threshold. The Conferees also hope that other technologies 

will be identified and developed as part of the ongoing process of 

advancing technology and ultimately enhancing port security. 

89

The Conferees also want to emphasize the importance of using 

readily available and less costly off the shelf technologies to protect 

transportation systems. These previously developed and thoroughly 

tested technologies often prove to be just as effective as unproven 

and expensive new technologies without the years of waiting. Private companies already provide the various levels of government 

with automatic vehicle identification sensors, electronic seal sensors, a chain of custody tracking system, entrance and exit security 

control systems, and trusted traveler identification and screening. 

In order to better respond to the security threat posed by the 

high volume of international shipping containers entering the U.S., 

the Conferees believe that the Secretary must, at a minimum, obtain certain types of information on all cargos and containers entering the country. While securing information about the nature and 

ownership of the specific cargo is vital, the Secretary is encouraged 

to collect specific information on the individual containers aboard 

the vessel. This information should include the owner and any 

lease, lien, or security interest holder of the container whenever 

this information is sufficient to affect the control of the container. 

SECTION 112. REPORT ON FOREIGN-FLAG VESSELS

Section 108(d) of the Senate bill requires the Secretary of 

Transportation to report to Congress a list of all nations whose flag 

vessels have entered the United States ports in the previous year. 

The report must also contain a breakdown of countries whose vessel registration or classification procedures have been found by the 

Secretary to be noncompliant with international classifications and 

whose laws or regulations are not sufficient to allow tracking of 

ownership registration histories of registered flag vessels. 

The House amendment contains no comparable provision. 

The Conference substitute adopts the Senate provision with a 

technical amendment replacing the ‘‘Secretary of Transportation’’

with the Secretary of the department in which the Coast Guard is 

operating. 

SECTION 113. REVISION OF PORT SECURITY PLANNING GUIDE

Section 113 of the Senate bill directs the Secretary of Transportation to publish a revised version of the document ‘‘Port Security: A National Planning Guide,’’ within three years after the enactment of the Senate passed bill and to make the document available on the Internet. 

The House amendment contains no comparable provision. 

The Conference substitute adopts the Senate provision. 

TITLE II—MARITIME POLICY IMPROVEMENT

SECTION 201. SHORT TITLE

The Senate bill contains no comparable provision. 

Section 201 of the House amendment states that this title may 

be cited as the ‘‘Maritime Policy Improvement Act of 2002.’’

The Conference substitute adopts the House provision. 

90

SECTION 202. VESSEL COASTAL VENTURE

The Senate bill contains no comparable provision. 

Section 202 of the House amendment amends section 1120(g) 

of the Coast Guard Authorization Act of 1996 (Public Law 104–324) 

to deem the vessel COASTAL VENTURE to have been constructed 

in the United States. 

The Conference substitute adopts the House provision. 

SECTION 203. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL

WALL OF HONOR

The Senate bill contains no comparable provision. 

Section 203 of the House amendment authorizes the Secretary 

of Transportation to make a grant to the American Merchant Marine Veterans Memorial Committee to construct an addition to the 

American Merchant Marine Memorial Wall of Honor in San Pedro, 

California.

The Conference substitute adopts the House provision. 

SECTION 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE

The Senate bill contains no comparable provision. 

Section 204 of the House amendment requires the discharge 

from a vessel of any agricultural cargo residue material in the form 

of hold washings to be governed exclusively under the provisions of 

MARPOL Annex V (MARPOL V). 

The Conference substitute adopts the House provision. 

The substitute requires the discharge from a vessel of any agricultural cargo residue material in the form of hold washings to be 

governed exclusively under the provisions of MARPOL Annex V 

(MARPOL V) as implemented by the Act to Prevent Pollution from 

Ships (APPS) (section 1901 et seq., title 33, United States Code). 

Agricultural cargo residue material refers to residue from agricultural cargo carried in bulk, such as corn, wheat, rice, soybeans, and 

grains, routinely carried on ships. 

In 2000, the Coast Guard announced a plan to change its enforcement policy to apply other laws to U.S. flag vessels to regulate 

the discharge of agricultural cargo residue material that has traditionally been governed by MARPOL V. This proposed change would 

place an unwarranted burden on U.S. flag bulk grain vessels which 

are required by agriculture inspection rules to wash their cargo 

holds. This is routinely done on the high seas, and based on industry practices, it is not anticipated that the discharge of agricultural 

cargo residue material will take place in marine sanctuaries designated by the Secretary of Commerce pursuant to section 1431 et 

seq., title 16, United States Code. The discharge of agricultural 

cargo residue is consistent with MARPOL V, and is not expected 

to have an adverse impact on the marine environment. Section 204 

is not intended in any way to undermine other provisions of 

MARPOL V, as implemented by APPS, which provides that when 

agricultural cargo residue is mixed with other MARPOL regulated 

discharges having other requirements, then the more stringent discharge requirements apply. 

91

SECTION 205. RECORDING AND DISCHARGING MARITIME LIENS

The Senate bill contains no comparable provision. 

Section 205 of the House amendment would extend the provisions of current law for preferred mortgages to a valid lien against 

a vessel not covered by a preferred mortgage. 

The Conference substitute adopts the House provision with an 

amendment. 

SECTION 206. TONNAGE OF R/V DAVIDSON

The Senate bill contains no comparable provision. 

Section 206 of the House amendment deems the research vessel DAVIDSON to be less than 100 gross tons, for purposes of applying the optional regulatory measurement under section 14305 of 

title 46, United States Code. 

The Conference substitute adopts the House provision with a 

technical amendment. 

SECTION 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION

The Senate bill contains no comparable provision. 

Section 207 of the house amendment waives certain coastwise 

trade laws for individually listed vessels. 

The Conference substitute adopts the House provision with an 

amendment. 

SECTION 208. EXEMPTION FOR VICTORY SHIPS

The Senate bill contains no comparable provision. 

Section 208 of the House amendment adds the vessels SS RED 

OAK VICTORY and SS AMERICAN VICTORY to a list of three 

vessels subject to section 3302(l) of title 46, United States Code. 

The Conference substitute adopts the House provision with an 

amendment. The amendment adds the vessel LST–325 to this list 

of vessels. 

SECTION 209. CERTIFICATES OF DOCUMENTATION FOR 3 BARGES

The Senate bill contains no comparable provision. 

Section 209 of the House amendment waives the coastwise 

trade laws of the United States for three barges as long as these 

barges are only used in firework displays. 

The Conference substitute adopts the House provision with a 

technical amendment 

SECTION 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE

The Senate bill contains no comparable provision. 

Section 210 of the House amendment waives certain U.S. 

coastwise trade laws for the vessel EAGLE under certain specific 

circumstances.

The Conference substitute adopts the House provision with a 

technical amendment. 

SECTION 211. WAIVER FOR VESSELS IN NEW WORLD CHALLENGE RACE

The Senate bill contains no comparable provision. 

92

Section 211 of the House amendment allows ten sailboats participating in the New World Challenge Race to transport non-paying guests, before and during stops of that race. 

The Conference substitute adopts the House provision. 

SECTION 212. VESSEL ASPHALT COMMANDER

The Senate bill contains no comparable provision. 

Section 212 of the House amendment allows the owner of the 

ASPHALT COMMANDER to place this U.S.-flag vessel under a 

foreign registry. 

The Conference substitute adopts the House provision. 

SECTION 213. COASTWISE TRADE AUTHORIZATION

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute allows certain foreign-built launch 

barges to transport topside modules in the coastwise trade of the 

United States. 

Under the current launch barge exemption provision in the 

thirteenth proviso of section 27 of the Merchant Marine Act, 1920 

(46 App. U.S.C. 883), certain large capacity foreign-built launch 

barges documented under U.S. law and built as of June 7, 1988, 

may be used to transport platform jackets between coastwise points 

in the United States if there are no U.S.-built launch barges with 

adequate capacity available for use in domestic trade. The Conference substitute (1) grants a limited one-time waiver of the requirements of this launch barge exemption provision, (2) clarifies 

that U.S.-built, U.S. documented, U.S. citizen-owned vessels have 

priority over foreign-built vessels to provide these services, and (3) 

expands the term ‘‘platform jacket’’ to include certain drilling rig 

components that, considered separately and not as part of a bundle 

of two or more such components, also require (subject to the priority for U.S.-qualified vessels) large capacity launch barges for 

coastwise transportation. In conjunction with the Conference substitute, the Maritime Administration is encouraged to take appropriate measures to assure that the requirements for coastwise 

transportation of platform jackets and components are ascertained 

and made known to qualified U.S. flag operators sufficiently in advance to establish building programs and otherwise determine the 

availability of qualified U.S. flag vessels. 

This is similar to a provision enacted in Section 601(b) of the 

Coast Guard Authorization Act of 1993 (P.L. 103–206), to permit 

the use of designated foreign-built, non-self-propelled, unmanned 

launch barges to transport platform jackets from the Gulf Coast of 

the United States to complete projects at specified hydrocarbon 

sites on the U.S. outer continental shelf. All of the launch barges 

designated under the Conference substitute were built as of June 

7, 1988, as required under current law by the launch barge exemption provision, and there are currently no coastwise-qualified vessels with adequate capacity to conduct the specified operations. In 

the event that one or more launch barges built in the United States 

are available to provide the service in accordance with accepted engineer and reasonable scheduling requirements, the Conference 

93

substitute makes clear that a U.S.-built, coastwise-qualified launch 

barge must be used if it has the capacity to transport and launch 

a particular platform jacket involved in that project. 

SECTION 214. JONES ACT WAIVER FOR DELAYED VESSEL DELIVERY

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute temporarily authorizes the Secretary to waive the coastwise laws of the United States for not 

more than three foreign built self-propelled tank vessels under certain circumstances related to the late delivery from a United States 

shipyard of a coastwise eligible self-propelled tank vessel. The Secretary must determine that the parties to the contract are making 

a bona fide effort to construct a self-propelled tank vessel in a timely manner, the contract must be executed within 24 months of the 

date of enactment of the Maritime Transportation Security Act of 

2002, the vessel for which the waiver is granted must meet otherwise applicable requirements of law regarding ownership and operation of vessels in the coastwise trade, the shipyard must own a 

facility capable of constructing the self-propelled tank vessel, the 

delay in construction of delivery of the self-propelled tank vessel 

from the shipyard must be due to unusual circumstances, and the 

Secretary must determine that no other suitable coastwise trade 

qualified tank vessels (including tank barges) are reasonably available. 

In making the determination with respect to reasonable availability, the Secretary shall include as such suitable tank vessels, 

tank vessels available on a time charter or voyage charter basis 

and tank vessels available on a less than full capacity basis pursuant to a contract of affreightment. The purpose of subsection (b)(6) 

is to ensure that the Secretary canvasses the market for available 

vessels not requiring a waiver prior to granting a waiver under this 

section. This paragraph is also intended to ensure that the Secretary shall include in reasonably available suitable tank vessel capacity, vessels which may only be available in part or which may 

not be available for sale or on a bareboat charter basis. The Conferees do not intend the Secretary to grant a waiver pursuant to 

this section to any person seeking to circumvent the U.S.-build requirement or to avoid contracting for available suitable tank vessel 

capacity merely because, among other reasons, it will not be under 

the requester’s control or may be only available to such requester 

at a higher rate than a re-flagged vessel. 

A waiver may not be granted to a self-propelled tank vessel 

with substantially greater capacity than the vessel being constructed. The waiver shall terminate on the earlier of: (1) 48 

months after the contract delivery date; (2) 60 days after delivery 

of the vessel being constructed in the United States shipyard; or (3) 

the date which the Secretary determines that the delay in construction or delivery of the vessel being constructed is no longer due to 

unusual circumstances. Additionally, the Secretary may suspend 

the waiver for any period during which a suitable coastwise trade 

qualified tank vessels (including tank barges) becomes reasonably 

available. The provision defines unusual circumstances. 

94

SECTION 215. REALIGNMENT OF POLICY RESPONSIBILITY IN THE

DEPARTMENT OF TRANSPORTATION

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute eliminates the position of Associate 

Deputy Secretary, Department of Transportation, and creates the 

position of Under Secretary of Transportation for Policy. 

TITLE III—COAST GUARD PERSONNEL AND MARINE SAFETY

SECTION 301. SHORT TITLE

The Senate bill contains no comparable provision. 

Section 301 of the House amendment states that this title may 

be cited as the ‘‘Coast Guard Personnel and Maritime Safety Act 

of 2002.’’

The Conference substitute adopts the House provision. 

Subtitle A—Personnel Management 

SECTION 311. COAST GUARD BAND DIRECTOR RANK

The Senate bill contains no comparable provision. 

Section 311 of the House amendment amends section 336(d) of 

title 14, United States Code, to authorize the Coast Guard to promote the Coast Guard Band Director from the rank of Commander 

to the rank of Captain. 

The Conference substitute adopts the House provision. 

SECTION 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY

The Senate bill contains no comparable provision. 

Section 312 of the House amendment amends section 511 of 

title 14, United States Code, to allow the Secretary of Transportation to grant compensatory absence from duty for Coast Guard 

military personnel serving at isolated duty stations of the Coast 

Guard. 

The Conference substitute adopts the House provision. 

SECTION 313. ACCELERATED PROMOTION OF CERTAIN COAST GUARD

OFFICERS

The Senate bill contains no comparable provision. 

Section 313 of the House amendment amends section 259, 

260(a), and 271(a) of title 14, United States Code, to authorize the 

Coast Guard to advance officers ahead of their peers within a given 

promotion zone, without disadvantaging other high performing officers. 

The Conference substitute adopts the House provision. 

Subtitle B—Marine Safety 

SECTION 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TOBRIDGE RADIOTELEPHONE ACT

The Senate bill contains no comparable provision. 

95

Section 201 of the bill amends section 1203(b) of title 33, 

United States Code, to require foreign-flag vessels to monitor intership radiotelephone frequencies when operating within the U.S. 

territorial sea between three and twelve miles offshore. 

The Conference substitute adopts the House provision. 

SECTION 322. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS

The Senate bill contain no comparable provision. 

Section 322 of the House amendment maintains six reports 

which were eliminated after the enactment of the Federal Reports 

Elimination and Sunset Act of 1995.

The Conference substitute adopts the House provision with an 

amendment to terminate an annual report to Congress regarding 

the Oil Spill Liability Trust Fund. 

SECTION 323. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND

ADVANCEMENT AUTHORITY

The Senate bill contains no comparable provision. 

Section 323 of the House amendment amends the Oil Pollution 

Act of 1990 to authorize the Coast Guard to borrow up to $100 million for additional emergency oil spill cleanup removal from the Oil 

Spill Liability Trust Fund. 

The Conference substitute adopts the House provision with a 

technical amendment. 

SECTION 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS

The Senate bill contains no comparable provision. 

Section 324 of the House amendment amends section 7302 of 

title 46, United States Code, to authorize the Secretary of Transportation to issue an interim merchant mariner’s document valid 

for a period not to exceed 120 days. 

The Conference substitute adopts the House provision. 

SECTION 325. PENALTIES FOR NEGLIGENT OPERATIONS AND

INTERFERING WITH SAFE OPERATION

The Senate bill contains no comparable provision. 

Section 325 of the House amendment raises the maximum civil 

penalty to $5,000 for the negligent operation of a recreational vessel, or for interfering with the safe operation of a recreational vessel. The penalty for the negligent operation of any other vessel, or 

for interfering with the safe operation of a commercial vessel, 

under this amendment will be $25,000. 

The Conference substitute adopts the House provision. 

Subtitle C—Renewal of Advisory Groups 

SECTION 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY

COMMITTEE

The Senate bill does not contain a comparable provision. 

Section 331 of the House amendment amends section 4508 of 

title 46, U.S. Code, to authorize the Coast Guard to extend the 

Commercial Fishing Industry Vessel Advisory Committee from 

2000 to 2005 and make technical changes. 

96

The Conference substitute adopts the House provision. 

SECTION 332. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY

COMMITTEE

The Senate bill does not contain a comparable provision. 

Section 332 of the House amendment amends section 18 of the 

Coast Guard Authorization Act of 1991 (Public Law 102–241), to 

authorize the Coast Guard to extend the Houston-Galveston Navigation Safety Advisory Committee from 2000 to 2005 and make 

technical changes. 

The Conference substitute adopts the House provision. 

SECTION 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY

COMMITTEE

The Senate bill does not contain a comparable provision. 

Section 333 of the House amendment amends section 19 of the 

Coast Guard Authorization Act of 1991 (Public Law 102–241), to 

authorize the Coast Guard to extend the Lower Mississippi River 

Waterway Advisory Committee from 2000 to 2005 and make technical changes. 

The Conference substitute adopts the House provision. 

SECTION 334. NAVIGATION SAFETY ADVISORY COUNCIL

The Senate bill does not contain a comparable provision. 

Section 334 of the House amendment amends section 2073 of 

title 33, U.S. Code, to authorize the Coast Guard to extend the 

Navigation Safety Advisory Council from 2000 to 2005 and make 

technical changes. 

The Conference substitute adopts the House provision. 

SECTION 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL

The Senate bill does not contain a comparable provision.

Section 335 of the House amendment amends section 13110 of 

title 46, U.S. Code, to authorize the Coast Guard to extend the National Boating Safety Advisory Council from 2000 to 2005 and 

make technical changes. 

The Conference substitute adopts the House provision. 

SECTION 336. TOWING SAFETY ADVISORY COMMITTEE

The Senate bill does not contain a comparable provision. 

Section 336 of the House amendment amends section 1231(a) 

of title 33, U.S. Code, to authorize the Coast Guard to extend the 

Towing Safety Advisory Committee from 2000 to 2005 and make 

technical changes. 

The Conference substitute adopts the House provision. 

Subtitle D—Miscellaneous 

SECTION 341. PATROL CRAFT

The Senate bill does not contain a comparable provision. 

Section 341 of the House amendment authorizes the Coast 

Guard to accept up to seven excess PC–170 patrol ships from the 

U.S. Navy. 

97

The Conference substitute adopts the House provision with a 

technical amendment. 

SECTION 342. BOATING SAFETY

The Senate bill does not contain a comparable provision. 

Section 342 of the House amendment amends the Sportfishing 

and Boating Safety Act of 1998 to increase the State Recreational 

Boating Safety Grant Program by one million dollars and to change 

the definition of state matching amounts for purposes of the State 

Boating Safety Grant Program. 

The Conference substitute adopts the House provision with an 

amendment limiting the changes to one year. 

SECTION 343. CARIBBEAN SUPPORT TENDER

The Senate bill does not contain a comparable provision. 

Section 343 of the House amendment authorizes the Coast 

Guard to operate and maintain a Caribbean Support Tender to provide technical assistance and law enforcement training for foreign 

coast guards, navies, and other maritime services. 

The Conference substitute adopts the House provision with a 

technical amendment. 

SECTION 344. PROHIBITION OF NEW MARITIME USER FEES

The Senate bill does not contain a comparable provision. 

Section 344 of the House amendment extends the expiration 

date for the prohibition of any new maritime user fees from September 30, 2001, to September 30, 2006. 

The Conference substitute adopts the House provision. 

SECTION 345. GREAT LAKES LIGHTHOUSES

The Senate bill does not contain a comparable provision. 

Section 345 of the House amendment requires the Coast Guard 

to continue to offer advice and technical assistance to organizations 

in the Great Lakes region that are dedicated to lighthouse stewardship. 

The Conference substitute adopts the House provision with an 

amendment that makes the assistance for Great Lakes lighthouse 

preservation efforts be subject to the discretion of the Secretary of 

the department in which the Coast Guard is operating. 

SECTION 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE

SYSTEM

The Senate bill does not contain a comparable provision. 

Section 346 of the House amendment requires the Coast Guard 

to report to Congress within 60 days after enactment the agency’s 

implementation of National Transportation Safety Board recommendations following the MORNING DEW accident. 

The Conference substitute adopts the House provision with a 

technical amendment. 

SECTION 347. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE

The Senate bill does not contain a comparable provision.

98

Section 347 of the House amendment authorizes the transfer 

of 4.13 acres of land, known as the Naval Reserve Pier property, 

located in Portland, Maine, to the Gulf of Maine Aquarium Development Corporation. 

The Conference substitute adopts the House Provision with a 

technical amendment. 

SECTION 348. ADDITIONAL COAST GUARD FUNDING NEEDS AFTER

SEPTEMBER 11, 2001

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute requires the Secretary in the department in which the Coast Guard is operating to submit a report 

to Congress that compares Coast Guard expenditures by mission 

area on an annualized basis before and after the terrorist attacks 

of September 11, 2001. The report must also estimate the annual 

funding amounts and personnel levels that would restore all Coast 

Guard mission areas to the readiness levels that existed before 

September 11, 2001. The substitute also requires a report identifying mission targets for fiscal years 2003, 2004, and 2005, and the 

specific steps necessary to achieve those targets. 

SECTION 349. MISCELLANEOUS CONVEYANCES

The Senate bill does not contain a comparable provision. 

Section 349 of the House amendment transfers the Coast 

Guard Slip Point Light Station in Clallam County, Washington, to 

Clallam County and the Point Pinos Light, located in Monterey 

County, California, to the City of Pacific Grove, California. 

The Conference substitute adopts the House provision with a 

technical amendment. 

TITLE IV—OMNIBUS MARITIME IMPROVEMENTS

SECTION 401. SHORT TITLE

The Senate bill does not contain a comparable provision. 

Section 401 of the House amendment states that this title may 

be cited as the Omnibus Maritime Improvements Act of 2001. 

The Conference substitute adopts the House provision. 

SECTION 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES

The Senate bill does not contain a comparable provision. 

Section 402 of the House amendment would extend the present 

Coast Guard housing authorities from October 1, 2001, to October 

1, 2006. The Coast Guard Authorization Act of 1996 provides the 

Coast Guard with the legal authorities to encourage private sector 

participation in the acquisition or construction of Coast Guard 

housing on or near Coast Guard installations. The Coast Guard is 

currently in the process of developing proposals for several potential housing projects using these new authorities. 

This section further authorizes the Coast Guard to implement 

a demonstration project for the acquisition or construction of miliVerDate 0ct 31 2002 13:42 Nov 15, 2002 Jkt 190006 PO 00000 Frm 00098 Fmt 6601 Sfmt 6601 E:\HR\OC\HR777.XXX HR777
99

tary family housing and military unaccompanies housing at the 

Coast Guard installation in Kodiak, Alaska. 

The Conference substitute adopts the House provision with an 

amendment which extends the Coast Guard’s housing authorities 

to October 1, 2007. 

SECTION 403. INVENTORY OF VESSELS FOR CABLE LAYING, 

MAINTENANCE, AND REPAIR

The Senate bill does not contain a comparable provision. 

Section 403 of the House amendment requires the Secretary of 

Transportation to maintain and publish an inventory of U.S.-flag 

vessels capable of laying, maintaining, or repairing a submarine 

cable. 

The Conference substitute adopts the House provision. 

SECTION 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE

The Senate bill does not contain a comparable provision. 

Section 404 of the House amendment requires that a vessel engaged in towing assistance of towing escort be a vessel of the 

United States, and establishes a civil penalty for a person who violates this section. 

The Conference substitute adopts the House provisions with a 

technical amendment. The U.S. Navy has expressed concern that 

this section could hamper the ability of the Navy to render timely 

towing and salvage assistance to naval vessels on a worldwide 

basis. The Conferees want to clarify that the restrictions in section 

404 do not apply to U.S. Naval operations. 

SECTION 405. SEARCH AND RESCUE CENTER STANDARDS

The Senate bill does not contain a comparable provision.

Section 405 of the House amendment requires the Secretary to 

establish standards for the safe operation of Coast Guard search 

and rescue stations, and prohibits an individual on duty in a 

search and rescue facility from working more than 12 hours in a 

24 hour period, except in an emergency. 

The Conference substitute adopts the House provision with an 

amendment which expresses a sense of Congress that the Secretary 

should establish, implement and maintain minimum standards 

necessary to ensure that an individual on duty or watch in a Coast 

Guard search and rescue command center facility not work more 

than 12 hours in a 24-hour period. The section also includes a reporting requirement. 

SECTION 406. VHF COMMUNICATIONS SERVICES

The Senate bill does not contain a comparable provision. 

Section 406 of the House amendment authorizes the Coast 

Guard to allow private VHF Communications companies to place 

equipment and VHF towers on Coast Guard property. In exchange, 

the Coast Guard may receive discounted VHF communications 

services. 

The Conference substitute adopts the House provision with a 

technical amendment and an additional amendment which states 

that commercial VHF communication equipment placed on real 

100

property under the administrative control of the Coast Guard shall 

not interfere in any manner with any current or future Coast 

Guard communication equipment. 

SECTION 407. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY

ACTIVITIES

The Senate bill does not contain a comparable provision. 

Section 407 of the House amendment authorizes $987,400 for 

the activities of the Lower Columbia River Maritime Fire and Safety Association. 

The Conference substitute authorizes $987,400 for the fire, oil, 

and toxic spill response communications, training, equipment, and 

program administration activities conducted by nonprofit or organizations in cooperation with the Coast Guard. 

SECTION 408. CONFORMING REFERENCES TO THE FORMER MERCHANT

MARINE AND FISHERIES COMMITTEE

The Senate bill does not contain a comparable provision. 

Section 408 of the House amendment conforms certain permanent laws of the United States relating to the Coast Guard and 

maritime transportation by correcting references to the former 

Merchant Marine and Fisheries Committee of the House of Representatives. 

The Conference substitute adopts the House provision. 

SECTION 409. RESTRICTION ON VESSEL DOCUMENTATION

The Senate bill does not contain a comparable provision. 

Section 409 of the House amendment prohibits a vessel, which 

has been forfeited to the United States government for a breach of 

the laws of the United States, from obtaining a certificate of documentation with a fisheries endorsement. This section does not 

grant the Coast Guard new authority to seize or forfeit vessels. 

The Conference substitute adopts the House provision. 

SECTION 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT

The Senate bill does not contain a comparable provision. 

Section 410 of the House amendment requires the Commandant of the Coast Guard to ensure that all Coast Guard personnel are equipped with adequate safety equipment, including 

hypothermia protective clothing where appropriate, while performing search and rescue missions. 

The Conference substitute adopts the House provision. 

SECTION 411. RESERVE OFFICER PROMOTIONS

The Senate bill does not contain a comparable provision. 

Section 411 of the House amendment makes technical amendments regarding the promotion of Coast Guard Reserve Officers to 

implement the changes to the Reserve promotion system included 

in the FY 2001 Department of Defense Authorization Act. 

The Conference substitute adopts the House provision. 

101

SECTION 412. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; 

CONTINUATION UPON FAILURE OF SELECTION FOR PROMOTION

The Senate bill does not contain a comparable provision. 

Section 412 of the House amendment authorizes the Coast 

Guard to continue commanders and lieutenant commanders scheduled to retire due to failure of selection for promotion.

The Conference substitute adopts the House provision. 

SECTION 413. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE

PROGRAM

The Senate bill does not contain a comparable provision. 

Section 413 of the House amendment authorizes the Coast 

Guard to pay an individual’s undergraduate or graduate educational tuition when that individual enlists in the Coast Guard 

Reserve and promises to accept a commission in the Coast Guard 

Reserve upon completion of the degree. 

The Conference substitute adopts the House provision with a 

technical amendment. 

SECTION 414. CONTINUATION ON ACTIVE DUTY BEYOND THIRTY YEARS

The Senate bill does not contain a comparable provision. 

Section 414 of the House amendment permits the Coast Guard 

to offer to captains, who would otherwise be forced to retire after 

thirty years of duty, the opportunity to continue on active duty. 

This proposal would allow the Coast Guard to retain these highly 

experienced individuals at very little additional cost. 

The Conference substitute adopts the House provision. 

SECTION 415. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST

GUARD AUXILIARISTS

The Senate bill does not contain a comparable provision. 

Section 415 of the House amendment allows the Coast Guard 

to pay death gratuities to personal representatives of Coast Guard 

Auxiliarists who die in the line of duty, to the same extent that 

death gratuities are paid on behalf of Federal employees. 

The Conference substitute adopts the House provision. 

SECTION 416. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION

OF COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE AUTHORITY

The Senate bill does not contain a comparable provision. 

Section 416 of the House amendment revises the Coast Guard’s 

severance pay provisions to incorporate the Department of Defense 

separation pay computations. 

The Conference substitute adopts the House provision. 

SECTION 417. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE

PROPERTY

The Senate bill does not contain a comparable provision. 

Section 417 of the House amendment authorizes the Coast 

Guard to lease lighthouse properties for terms not to exceed thirty 

years. 

102

The Conference substitute adopts the House provision. 

SECTION 418. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS

The Senate bill does not contain a comparable provision. 

Section 418 of the House amendment amends the Maritime 

Drug Law Enforcement Act to increase the Coast Guard’s drug 

interdiction jurisdiction from 12 to 24 miles from U.S. shores. 

The Conference substitute adopts the House provision. 

SECTION 419. WING-IN-GROUND CRAFT

The Senate bill does not contain a comparable provision. 

Section 419 of the House amendment grants the Coast Guard 

statutory authority to regulate wing-in-ground craft and makes 

them subject to inspection as small passenger vessels. 

The Conference substitute adopts the House provision. 

SECTION 420. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR

VESSELS

The Senate bill does not contain a comparable provision. 

Section 420 of the House amendment removes the requirement 

for filing an original commercial instrument (for example, a ship 

mortgage) within ten days of the electronic filing of the instrument. 

The Conference substitute adopts the House provision. 

SECTION 421. DELETION OF THUMBPRINT REQUIREMENT FOR

MERCHANT MARINERS’ DOCUMENTS

The Senate bill does not contain a comparable provision. 

Section 421 of the House amendment eliminates the requirement for a thumbprint to be placed on a merchant mariners’ document (MMD). The thumbprint is no longer needed on the document 

since it now includes a photograph and must be issued every five 

years. The result of this change would be to provide the Coast 

Guard with needed additional space on the MMD to describe mariner qualifications. 

The Conference substitute adopts the House provision. 

SECTION 422. TEMPORARY CERTIFICATES OF DOCUMENTATION FOR

RECREATIONAL VESSELS

The Senate bill does not contain a comparable provision. 

Section 422 of the House amendment authorizes the Secretary 

of Transportation to issue temporary certificates of documentation, 

and to delegate to private third parties the authority to issue the 

certificates for recreational vessels. 

The Conference substitute adopts the House provision. 

SECTION 423. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN

VESSELS

The Senate bill does not contain a comparable provision. 

Section 423 of the House amendment authorizes the Coast 

Guard to conduct marine casualty investigations involving foreign 

vessels in areas outside U.S. territorial waters consistent with the 

practices and procedures of international law. 

The Conference substitute adopts the House provision. 

103

SECTION 424. CONVEYANCE OF COAST GUARD PROPERTY IN HAMPTON

TOWNSHIP, MICHIGAN

The Senate bill does not contain a comparable provision. 

Section 424 of the House amendment requires that the Secretary of Transportation convey the property adjacent to Coast 

Guard Station Saginaw River, located in Hampton Township, 

Michigan, to BaySail, Inc., a nonprofit corporation. During the fiveyear period after the Secretary conveys the property, the property 

shall revert to the United States if BaySail sells, conveys, assigns, 

exchanges, or encumbers the property. BaySail also must maintain 

the property and is not allowed to conduct any commercial activity 

on the property without the approval of the Secretary. 

The Conference substitute adopts the House provision with an 

amendment which makes the transfer of the property subject to the 

discretion of the Secretary of the department in which the Coast 

Guard is operating. 

SECTION 425. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, 

MICHIGAN

The Senate bill does not contain a comparable provision. 

Section 425 of the House amendment changes the recipient’s 

name of a previous Coast Guard property transfer in Traverse City, 

Michigan. 

The Conference substitute adopts the House provision. 

SECTION 426. ANNUAL REPORT ON COAST GUARD CAPABILITIES AND

READINESS TO FULFILL NATIONAL DEFENSE RESPONSIBILITIES

The Senate bill does not contain a comparable provision. 

Section 426 of the House amendment requires the Secretary of 

Transportation to submit an annual report to Congress setting 

forth the capabilities and readiness of the Coast Guard to fulfill its 

national defense responsibilities. 

The Conference substitute adopts the House provision with a 

technical amendment. 

SECTION 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL RECOVERY

INSTITUTE

The Senate bill does not contain a comparable provision. 

Section 427 of the House amendment extends the Oil Spill Recovery Institute until September 30, 2012. 

The Conference substitute adopts the House provision. 

SECTION 428. PROTECTION AGAINST DISCRIMINATION

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute amends section 2114 of title 46, 

United States Code, to expand the protection of seamen against 

discrimination. This section does not allow for anyone to discharge 

or discriminate against any seaman who reports a violation of a 

maritime law to the Coast Guard or refuses to perform duties 

which he believes would result in his or another individual’s injury.

104

SECTION 429. ICEBREAKING SERVICES

The Senate bill does not contain a comparable provision. 

Section 429 of the House amendment does not allow the Commandant of the Coast Guard to decommission any WYTL-class harbor tugs unless he certifies that sufficient replacement capability 

has been procured by the Coast Guard to remediate any degradation in current icebreaking services. 

The Conference substitute adopts the House provision. 

SECTION 430. FISHING VESSEL SAFETY TRAINING

The Senate bill does not contain a comparable provision. 

Section 430 of the House amendment allows the Commandant 

of the Coast Guard to provide support to an entity which engages 

in fishing vessel safety training. 

The Conference substitute adopts the House provision. 

SECTION 431. LIMITATION ON LIABILITY OF PILOTS AT COAST GUARD

VESSEL TRAFFIC SERVICES

The Senate bill does not contain a comparable provision. 

Section 431 of the House amendment limits the liability of pilots working in a Coast Guard Vessel Traffic Service while acting 

within the scope of their duties and under the supervision of a 

Coast Guard officer. 

The Conference substitute adopts the House provision. 

SECTION 432. ASSISTANCE FOR MARINE SAFETY STATION ON CHICAGO

LAKEFRONT

The Senate bill does not contain a comparable provision. 

Section 432 of the House amendment authorizes the Secretary 

of Transportation to provide up to $2 million to the City of Chicago, 

Illinois, to plan and construct a new marine safety station on the 

Chicago lakefront. 

The Conference substitute allows the Coast Guard to transfer 

funds to the City of Chicago to pay the Federal share to demolish 

the old Coast Guard station on Chicago Harbor and construct a 

new facility at this site for use as a marine safety station. The Federal share of this project may not exceed one third of the total cost 

of the project or two million dollars, whichever is less. 

SECTION 433. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND

ASSOCIATED EQUIPMENT RECALLS

The Senate bill does not contain a comparable provision. 

Section 434 of the House amendment extends the time for a 

recreational vessel and associated equipment recall from five to ten 

years. 

The Conference substitute adopts the House provision. 

SECTION 434. REPAIR OF MUNICIPAL DOCK, ESCANABA, MICHIGAN

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

105

The Conference substitute allows the Secretary of Transportation to transfer up to $300,000 to the City of Escanaba, Michigan, 

for the repair of the north wall of the municipal dock in Escanaba. 

SECTION 435. VESSEL GLOBAL EXPLORER

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute directs the Secretary of the Department in which the Coast Guard is operating to amend the vessel 

GLOBAL EXPLORER’s certificate of documentation to show the 

vessel’s year of construction as 2002. 

SECTION 436. ALEUTIAN TRADE

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute amends chapter 51 of title 46, 

United States Code, regarding vessel load lines. The Aleutian 

Trade Act of 1990 (Public Law 101–595) provides for continued 

cargo service to remote communities in Alaska by uninspected fish 

tender vessels operating in the Aleutian trade while requiring such 

vessels to meet enhanced safety and manning requirements over a 

specified period of time. The Act defines Aleutian trade to mean 

the transportation of all manner of cargo, including fishery related 

products, for hire on board fish tender vessels to western Aleutian 

communities receiving weekly common carrier service. The Act extended certain loadline exemptions to those fish tender vessels operating in the Aleutian trade until January 1, 2003. An ambiguity 

in the statute could be read to continue that exemption beyond this 

compliance date. Subsection (a) corrects the ambiguity. Subsection 

(b) clarifies the original intent that after 2003 the loading exemption is only available for fish tender vessels that are not engaged 

in the transportation of general cargoes in the Aleutian trade. 

Thus, after 2003, all uninspected fish tender vessels that had previously engaged in the for hire carriage of general cargoes to places 

receiving weekly common carrier service in the western Aleutian 

chain will be required to have loadlines. To accommodate the transition, subsection (c) provides additional time for one fish tender 

vessel operating in the Aleutian trade to be brought into compliance. 

SECTION 437. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY

REVISION

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute allows the Administrator of the 

General Services Administration to transfer to the Secretary of the 

Interior administrative jurisdiction over certain public lands in the 

State of Michigan. 

106

SECTION 438. LORAN–C

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute authorizes funding for LORAN–C 

navigation infrastructure. 

The LORAN–C system remains the primary navigation tool for 

many vessels and general aviation aircraft and serves as a groundbased navigation system to backup and complement existing satellite navigation capabilities. In recent years, the Coast Guard has 

spent substantial resources to modernize the LORAN–C system allowing it to operate beyond its scheduled life span. The Conferees 

expect the Coast Guard, in cooperation with the Federal Aviation 

Administration, to continue this modernization to ensure this critical navigation system is available for the forseeable future. 

SECTION 439. AUTHORIZATION OF PAYMENT

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute reimburses the State of Hawaii for 

damages caused by the Coast Guard to the ferry pier at Barber’s 

Point Harbor, Hawaii. 

SECTION 440. REPORT ON OIL SPILL RESPONDER IMMUNITY

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute requires the Secretary of the Department in which the Coast Guard is operating, jointly with the 

Secretaries of Commerce and Interior, to report to Congress on the 

immunity of a private responder (other than a person responsible 

for the vessel or facility from which oil is discharged) from liability 

for criminal and civil penalties for the incidental take of a protected species while carrying out oil spill response actions. 

SECTION 441. FISHING AGREEMENTS

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute amends section 10601(a) of title 46, 

United States Code, by requiring that the owner, charterer, managing operator or a representative thereof, including, but not limited to, the master or individual in charge of a fishing industry vessel, shall make a fishing agreement in writing with each seaman 

employed on board the vessel. 

SECTION 442. ELECTRONIC PUBLISHING OF CASUALTY REPORTS

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute requires the Coast Guard to begin 

publishing all major marine casualty reports upon enactment of 

107

this Act. Additionally, the Conferees direct the Coast Guard to 

begin electronically publishing the remaining marine casualty reports by the end of the fiscal year 2005. 

The Conferees are concerned that marine casualty reports are 

currently not available in an electronic format that allows the general public easy access to information in the reports that could lead 

to improved boating safety. The Conferees acknowledge that one of 

the purposes of marine casualty reports was for enforcement and 

that the reports often contain personal information which cannot 

be released to the general public. The Conferees also understand 

the Coast Guard’s concerns that electronically publishing these reports will strain current resources and require changes to technical 

procedures and additional human review to ensure that no personal information is inadvertently released. This phase-in period 

for all marine casualty reports is provided to allow the Coast 

Guard time to implement the technical and policy procedures needed to electronically publish these reports without inadvertently releasing important personal information. 

SECTION 443. SAFETY AND SECURITY OF PORTS AND WATERWAYS

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute amends the Ports and Waterways 

Safety Act to add the safety and security of United States ports 

and waterways to this law’s traditional focus on marine safety and 

environment protection. 

SECTION 444. SUSPENSION OF PAYMENT

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute allows the Coast Guard to suspend 

the payment of the retired pay of a member or former member during periods in which the member willfully remains outside the 

United States to avoid criminal prosecution or civil liability. 

SECTION 445. PROHIBITION OF NAVIGATION FEES

The Senate bill does not contain a comparable provision. 

The House amendment does not contain a comparable provision. 

The Conference substitute prohibits any non-Federal interest 

from assessing or collecting any fee on vessels or water craft operating on navigable waters subject to the authority of the United 

States, or under the freedom of navigation on those waters. This 

section does not prohibit those instances in which Federal law has 

permitted the imposition of fees and recognizes those circumstances 

under which non-Federal interests may charge reasonable port and 

harbor fees for services rendered. 

108

TITLE V—AUTHORIZATION OF APPROPRIATIONS FOR THE COAST

GUARD

SECTION 501. SHORT TITLE

The Senate bill does not contain a comparable provision. 

Section 501 of the House amendment states that this title may 

be cited as the ‘‘Coast Guard Authorization Act for Fiscal Year 

2002.’’

The Conference substitute states that this title may be cited as 

the ‘‘Coast Guard Authorization for Fiscal Year 2003.’’

SECTION 502. AUTHORIZATION OF APPROPRIATIONS

The Senate bill does not contain a comparable provision. 

Section 502 of the House amendment authorizes $5.9 billion for 

Coast Guard programs and operations during fiscal year 2002. Section 502(1) of the amendment authorizes approximately $4.2 billion 

for Coast Guard operating expenses for fiscal year 2002, including 

$623 million for domestic maritime homeland security requirements. 

Section 502(2) of this amendment authorizes $717.8 million in 

fiscal year 2002 for the Coast Guard’s acquisition, construction, and improvement (AC&I) account. including $58.5 million for homeland 

security. The Conference substitute authorizes approximately $6 billion 

for Coast Guard programs and operations during fiscal year 2003. 

Section 502(1) authorizes approximately $4.3 billion for Coast 

Guard operating expenses for fiscal year 2003. Section 102(2) authorizes $725 million in fiscal year 2003 for 

the Coast Guard’s acquisition, construction, and improvement 

(AC&I) account. 

Within the AC&I account, the Conferees strongly support the 

Coast Guard’s integrated approach to the Deepwater Modernization 

Project and believe this effort to recapitalize the service’s offshore 

surface fleet, aviation assets, and command and control system is 

essential to prepare the Coast Guard to meet future challenges. 

With an aging fleet of cutters and aircraft, maintenance and personnel costs will rise dramatically unless the fleets are replaced. 

Further, the multi-mission nature of the Coast Guard requires a 

modern and flexible fleet that will continue serving national security and other core missions. The Integrated Deepwater System request for proposal and the recently awarded contract with the systems integrator were predicated on a consistent funding level of 

$500 million per year in 1998 dollars over the 20-year implementation time-line. The Conferees are concerned that this program already appears likely to be underfunded in its first year creating 

delays and pushing back the implementation schedule just as the 

program is beginning. 

The Conferees also strongly support the need to modernize the 

National Distress and Response System. This system is crucial for 

the Coast Guard to improve its capabilities to respond to and aid 

mariners in distress. The Conferees strongly support the Coast 

Guard receiving $90 million in fiscal year 2003 to begin this procurement which is scheduled to be completed by the end of the fiscal year 2006. 

109

Another necessary area of funding is for the Coast Guard’s 

share of the cost of altering or removing bridges that cause hazards 

to navigation, pursuant to the Truman-Hobbs Act of June 21, 1940, 

as amended (33 U.S.C. 511 et seq.). The Conferees expect that 

$2,000,000 of the funding provided will be utilized for the construction of a new Chelesa Street Bridge over the Chelsea River in Boston, Massachusetts. 

SECTION 503. AUTHORIZED LEVELS OF MILITARY STRENGTH

The Senate bill does not contain a comparable provision. 

Section 503 of the House amendment authorizes 44,000 Coast 

Guard active duty military personnel as of September 30, 2002. 

The Conference substitute authorizes 45,500 Cost Guard active 

duty military personnel as of September 30, 2003. 

The Conference substitute authorizes 45,500 Coast Guard active duty military personnel as of September 30, 2003, which is 

larger than the Administration’s request. The Conferees note that 

even before September 11, 2001, Coast Guard missions and demands were expanding and taxing the service’s personnel whose 

current strength is comparable to the Coast Guard of 1966. As the 

Coast Guard assumes its expanding homeland security role while 

at the same time continues to carry out its traditional missions, it 

will require additional personnel. Therefore, the Conference substitute increases the end-of-year strength numbers beyond those 

recommended by the Administration to ensure the Coast Guard 

has the flexibility to increase its personnel levels to meet these new 

challenges and demands.

110

From the Committee on Transportation and Infrastructure, for consideration of the Senate bill and the House 

amendment, and modifications committed to conference: 

DON YOUNG, HOWARD COBLE, FRANK A. LOBIONDO, JIM OBERSTAR, CORRINE BROWN, From the Committee on Ways and Means, for consideration of secs. 112 and 115 of the Senate bill, and sec. 108 

of the House amendment, and modifications committed to 

conference: 

WILLIAM THOMAS, PHIL CRANE, CHARLES B. RANGEL, Managers on the Part of the House.

ERNEST F. HOLLINGS, 

DANIEL INOUYE, 

JOHN F. KERRY, 

JOHN BREAUX, 

RON WYDEN, 

MAX CLELAND, 

BARBARA BOXER, 

JOHN MCCAIN, 

TED STEVENS, 

TRENT LOTT, 

KAY BAILEY HUTCHISON, 

OLYMPIA SNOWE, 

GORDON SMITH, 

BOB GRAHAM, 

CHUCK GRASSLEY, 

Managers on the Part of the Senate.

Æ