S. 1214

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

An Act

To amend the Merchant Marine Act, 1936, to establish a program to ensure greater

security for United States seaports, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; 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.

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.
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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.

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.
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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 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
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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

(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.
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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: ‘‘(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
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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).

‘‘§ 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—
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‘‘(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.

‘‘(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
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‘‘(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.

‘‘(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 5 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;
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‘‘(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.

‘‘(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).
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‘‘§ 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— ‘‘(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
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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—

‘‘(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 INFORMATION.—(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
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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;

‘‘(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.
S. 1214—13

‘‘(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).

‘‘(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
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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 General 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.

‘‘(v) 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—
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‘‘(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

and facility security plans and how the Maritime Transportation 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 SECURITY.—

‘‘(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.—
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‘‘(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 made available, that all expenditures are properly accounted 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
S. 1214—17

‘‘(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.

‘‘§ 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
S. 1214—18

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.

‘‘§ 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 as 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.
S. 1214—19

‘‘(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 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.
S. 1214—20

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

for hire determined by the Secretary.

‘‘(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.
S. 1214—21

‘‘§ 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

identity of any seafarer aboard a vessel within the jurisdiction,

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

country.
S. 1214—22

(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

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.’’.
S. 1214—23

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

license. Paragraphs (1), (2), and (3) of this subsection shall not

apply to an application for a deepwater port for natural gas.’’.
S. 1214—24

(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, regasification, 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 RESPONSIBILITIES.—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 all Federal agencies in carrying out their responsibilities

under the National Environmental Policy Act of 1969 pursuant

to this Act.’’.
S. 1214—25

(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 reporting undocumented cargo, without regard to whether

it operates the vessel on which the transportation is to be

made.
S. 1214—26

‘‘(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 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)—
S. 1214—27

(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:

(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
S. 1214—28

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 prevent and mitigate terrorist threats against

coastal and maritime assets of the United States, including ports,

harbors, ships, dams, reservoirs, and transport nodes.
S. 1214—29

(c) REPORT ON SECURE SYSTEM OF TRANSPORTATION PRO- GRAM.—Within 1 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 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.
S. 1214—30

(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’’.

SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL

WALL OF HONOR.

(a) FINDINGS.—The Congress finds that—
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(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) one 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.
S. 1214—32

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:

‘‘(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.
S. 1214—33

‘‘(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:

(1) LOOKING GLASS (United States official number

925735).

(2) YANKEE (United States official number 1076210).
S. 1214—34

(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 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:
S. 1214—35

‘‘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

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,
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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.

(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.
S. 1214—37

(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.

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
S. 1214—38

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 selfpropelled 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 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: ‘‘(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
S. 1214—39

(3) by striking ‘‘Secretary and the Deputy Secretary’’ each

place it appears in the last sentence of subsection (e), 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.’’.

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
S. 1214—40

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

two-thirds 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

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:
S. 1214—41

(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 ‘‘(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
S. 1214—42

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’’.

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.’’.
S. 1214—43

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.

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. One hundred and twenty 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.
S. 1214—44

(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;

(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,
S. 1214—45

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.—

(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:
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(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.

(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
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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.

(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.
S. 1214—48

(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;

(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.—
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(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

similar 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
S. 1214—50

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:

(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
S. 1214—51

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.

(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 6 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:
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(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 violation 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:

‘‘§ 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.
S. 1214—53

‘‘(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.’’.

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 this 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.
S. 1214—54

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

striking ‘‘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’’.
S. 1214—55

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:

‘‘(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
S. 1214—56

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 full-time 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—

‘‘(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.
S. 1214—57

‘‘(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.

‘‘(3) A discharge in bankruptcy under title 11 that is entered

less than 5 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
S. 1214—58

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 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
S. 1214—59

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

(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 4 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 4 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
S. 1214—60

of any utilities and services furnished to a lessee of such property

by the Commandant, may consist, in whole or in part, of nonpecuniary 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:

‘‘(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;
S. 1214—61

‘‘(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. ‘‘(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
S. 1214—62

(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.’’.

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
S. 1214—63

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

(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.
S. 1214—64

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.’’.

(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.
S. 1214—65

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.’’.

(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—
S. 1214—66

(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

subject 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
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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).

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
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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

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
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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—

(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.’’.
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(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 nonFederal 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.’’.

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
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$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.

(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.