In the House of Representatives, U. S.,

June 4, 2002.

Resolved, That the bill from the Senate (S. 1214) entitled ‘‘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’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Maritime Transportation Antiterrorism Act of 2002’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—MARITIME TRANSPORTATION SECURITY

Sec. 101. Port security.

Sec. 102. Clarification of Coast Guard authority to control vessels in territorial

waters of the United States.

Sec. 103. Extension of seaward jurisdiction.

Sec. 104. Suspension of limitation on strength of Coast Guard.

Sec. 105. Extension of Deepwater Port Act to natural gas.

Sec. 106. Assignment of Coast Guard personnel as sea marshals and enhanced use

of other security personnel.

Sec. 107. Automatic identification system.

Sec. 108. Mandatory advanced electronic information for cargo.

TITLE II—MARITIME POLICY IMPROVEMENT

Sec. 201. Short title.

Sec. 202. Vessel COASTAL VENTURE.
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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.

TITLE III—COAST GUARD PERSONNEL AND MARINE SAFETY

Sec. 301. Short title.

SUBTITLE A—PERSONNEL MANAGEMENT

Sec. 311. Coast Guard band director rank.

Sec. 312. Compensatory absence for isolated duty.

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

SUBTITLE B—MARINE SAFETY

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

Act.

Sec. 322. Preservation of certain 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. Harbor safety committees.

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.
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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. Miscellaneous certificates of documentation.

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. Tonnage measurement for purposes of eligibility of certain vessels for

fishery endorsement.

Sec. 434. Extension of time for recreational vessel and associated equipment recalls.

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.

1 TITLE I—MARITIME

2 TRANSPORTATION SECURITY

3 SEC. 101. PORT SECURITY.

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

5 amended by adding at the end the following new subtitle:
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1 ‘‘Subtitle VI—Miscellaneous

‘‘Chap. Sec.

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

‘‘CHAPTER 701—PORT SECURITY

‘‘Sec.

‘‘70101. Definitions.

‘‘70102. United States facility vulnerability assessments.

‘‘70103. Catastrophic emergency planning.

‘‘70104. Antiterrorism response.

‘‘70105. Transportation security cards.

‘‘70106. Maritime antiterrorism teams.

‘‘70107. Grants.

‘‘70108. Foreign port assessment.

‘‘70109. Notifying foreign authorities.

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

‘‘70111. Crew and passenger manifests.

‘‘70112. Civil penalty.

2 ‘‘§ 70101. Definitions

3 ‘‘For the purpose of this chapter:

4 ‘‘(1) The term ‘Area Maritime Transportation

5 Antiterrorism Plan’ means an Area Maritime Trans6 portation Antiterrorism Plan prepared under section

7 70103(b).

8 ‘‘(2) The term ‘catastrophic emergency’ means

9 any event caused by a terrorist act in the United

10 States or on a vessel on a voyage to or from the

11 United States that causes, or may cause, substantial

12 loss of human life or major economic disruption in

13 any particular area.

14 ‘‘(3) The term ‘facility’ means any structure or

15 facility of any kind located in, on, under, or adjacent
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1 to any waters subject to the jurisdiction of the United

2 States.

3 ‘‘(4) The term ‘National Maritime Transpor4 tation Antiterrorism Plan’ means the National Mari5 time Transportation Antiterrorism Plan prepared

6 and published under section 70103(a).

7 ‘‘(5) The term ‘owner or operator’ means—

8 ‘‘(A) in the case of a vessel, any person

9 owning, operating, or chartering by demise, such

10 vessel, and

11 ‘‘(B) in the case of a facility, any person

12 owning or operating such facility.

13 ‘‘(6) The term ‘Secretary’ means the Secretary of

14 Transportation.

15 ‘‘(7) The term ‘Under Secretary’ means the

16 Under Secretary of Transportation for Security.

17 ‘‘§ 70102. United States facility vulnerability assess18 ments

19 ‘‘(a) IN GENERAL.—The Secretary shall conduct a port

20 vulnerability assessment, including an assessment of the

21 vulnerability of each facility in a port, for each port in

22 the United States for which the Secretary believes there is

23 a high risk of catastrophic emergency.
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1 ‘‘(b) FACILITY ASSESSMENTS.—(1) An assessment

2 under this section for a port shall include an assessment

3 of each facility in the port.

4 ‘‘(2) Upon completion of an assessment under this sec5 tion for a port, the Secretary shall provide to the owner

6 or operator of each facility in the port a copy of the assess7 ment of the facility under this subsection.

8 ‘‘(c) ACCEPTANCE OF EXISTING ASSESSMENT.—In lieu

9 of conducting such a port vulnerability assessment under

10 this section, the Secretary may accept an assessment con11 ducted by or on behalf of a port authority or marine ter12 minal operator.

13 ‘‘§ 70103. Catastrophic emergency planning

14 ‘‘(a) NATIONAL MARITIME TRANSPORTATION

15 ANTITERRORISM PLAN.—(1) The Secretary shall prepare a

16 National Maritime Transportation Antiterrorism Plan for

17 deterring a catastrophic emergency.

18 ‘‘(2) The National Maritime Transportation

19 Antiterrorism Plan shall provide for efficient, coordinated,

20 and effective action to deter and minimize damage from

21 catastrophic emergencies, and shall include the following:

22 ‘‘(A) Assignment of duties and responsibilities

23 among Federal departments and agencies in coordi24 nation with State and local governmental agencies.

25 ‘‘(B) Identification of security resources.
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1 ‘‘(C) Establishment of procedures for the coordi2 nation of activities of—

3 ‘‘(i) Coast Guard maritime antiterrorism

4 teams established under this chapter; and

5 ‘‘(ii) Federal Maritime Antiterrorism Coor6 dinators.

7 ‘‘(D) A system of surveillance and notice de8 signed to safeguard against as well as ensure earliest

9 possible notice of catastrophic emergencies and immi10 nent threats of catastrophic emergencies to the appro11 priate State and Federal agencies.

12 ‘‘(E) Establishment of criteria and procedures to

13 ensure immediate and effective Federal identification

14 of a catastrophic emergency, or the substantial threat

15 of a catastrophic emergency.

16 ‘‘(F) Designation of—

17 ‘‘(i) areas for which Area Maritime

18 Transportation Antiterrorism Plans are re19 quired to be prepared under subsection (b);

20 and

21 ‘‘(ii) a Coast Guard official who shall

22 be the Federal Maritime Antiterrorism Co23 ordinator for each such area.
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1 ‘‘(3) The Secretary may, from time to time, as the Sec2 retary considers advisable, revise or otherwise amend the

3 National Maritime Transportation Antiterrorism Plan.

4 ‘‘(4) Actions to deter and minimize damage from cata5 strophic emergencies shall, to the greatest extent possible,

6 be in accordance with the National Maritime Transpor7 tation Antiterrorism Plan.

8 ‘‘(b) AREA MARITIME TRANSPORTATION

9 ANTITERRORISM PLANS.—(1) The Federal Maritime

10 Antiterrorism Coordinator designated under subsection

11 (a)(2)(F) for an area shall—

12 ‘‘(A) submit to the Secretary an Area Maritime

13 Transportation Antiterrorism Plan for the area; and

14 ‘‘(B) solicit advice from local harbor safety advi15 sory committees to assure preplanning of joint ter16 rorism deterrence efforts, including appropriate proce17 dures for deterrence of acts of terrorism.

18 ‘‘(2) The Area Maritime Transportation Antiterrorism

19 Plan shall—

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

21 National Maritime Transportation Antiterrorism

22 Plan, be adequate to deter a terrorist act in or near

23 the area to the maximum extent practicable;

24 ‘‘(B) describe the area covered by the plan, in25 cluding the areas of population or special economic,
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1 environmental or national security importance that

2 might be damaged by a terrorist act;

3 ‘‘(C) describe in detail how the plan is integrated

4 with other Area Maritime Transportation

5 Antiterrorism Plans, and with facility antiterrorism

6 plans and vessel antiterrorism plans under this sec7 tion;

8 ‘‘(D) include any other information the Sec9 retary requires; and

10 ‘‘(E) be updated at least every five years by the

11 Federal Maritime Antiterrorism Coordinator.

12 ‘‘(3) The Secretary shall—

13 ‘‘(A) review and approve Area Maritime Trans14 portation Antiterrorism Plans under this subsection;

15 and

16 ‘‘(B) periodically review previously approved

17 Area Maritime Transportation Antiterrorism Plans.

18 ‘‘(c) VESSEL AND FACILITY ANTITERRORISM PLANS.—

19 (1) Before January 1, 2003, an owner or operator of a vessel

20 or facility described in paragraph (2) shall prepare and

21 submit to the Secretary a antiterrorism plan for the vessel

22 or facility, for deterring a catastrophic emergency to the

23 maximum extent practicable.
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1 ‘‘(2) The vessels and facilities referred to in paragraph

2 (1) are vessels and facilities that the Secretary believes may

3 be involved in a catastrophic emergency.

4 ‘‘(3) A antiterrorism plan required under this sub5 section shall—

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

7 National Maritime Transportation Antiterrorism

8 Plan and Area Maritime Transportation

9 Antiterrorism Plans;

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

11 authority to implement antiterrorism actions, and re12 quire immediate communications between that indi13 vidual and the appropriate Federal official and the

14 persons providing personnel and equipment pursuant

15 to subparagraph (C);

16 ‘‘(C) identify, and ensure by contract or other

17 means approved by the Secretary, the availability of

18 antiterrorism measures necessary to deter a cata19 strophic emergency or a substantial threat of such a

20 catastrophic emergency;

21 ‘‘(D) describe the training, periodic unan22 nounced drills, and antiterrorism actions of persons

23 on the vessel or at the facility, to be carried out under

24 the plan to deter a catastrophic emergency, or a sub25 stantial threat of a catastrophic emergency;
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1 ‘‘(E) be updated at least every five years; and

2 ‘‘(F) be resubmitted for approval of each signifi3 cant change.

4 ‘‘(4) The Secretary shall—

5 ‘‘(A) promptly review each such plan;

6 ‘‘(B) require amendments to any plan that does

7 not meet the requirements of this subsection;

8 ‘‘(C) approve any plan that meets the require9 ments of this subsection; and

10 ‘‘(D) review each plan periodically thereafter.

11 ‘‘(5) A vessel or facility for which a plan is required

12 to be submitted under this subsection may not operate after

13 January 1, 2003, unless—

14 ‘‘(A) the plan has been approved by the Sec15 retary; and

16 ‘‘(B) the vessel or facility is operating in compli17 ance with the plan.

18 ‘‘(6) Notwithstanding paragraph (5), the Secretary

19 may authorize a vessel or facility to operate without a

20 antiterrorism plan approved under this subsection, until

21 not later than 1 year after the date of the submission to

22 the Secretary of a plan for the vessel or facility, if the owner

23 or operator certifies that the owner or operator has ensured

24 by contract or other means approved by the Secretary to
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1 deter a catastrophic emergency or a substantial threat of

2 a catastrophic emergency.

3 ‘‘(7) The Secretary shall require each operator of a ves4 sel or facility located within or adjacent to waters subject

5 to the jurisdiction of the United States to implement any

6 necessary interim security measures until the antiterrorism

7 plan for that vessel or facility operator is approved.

8 ‘‘(d) NONDISCLOSURE OF INFORMATION.—Notwith9 standing any other provision of law, information developed

10 under this chapter is not required to be disclosed to the pub11 lic, including—

12 ‘‘(1) facility antiterrorism plans, vessel

13 antiterrorism plans, and port vulnerability assess14 ments; and

15 ‘‘(2) other information related to antiterrorism

16 plans, procedures, or programs for vessels or termi17 nals authorized under this chapter.

18 ‘‘(e) PERFORMANCE STANDARDS.—By not later than

19 June 30, 2003, the Under Secretary, in consultation with

20 the Transportation Security Oversight Board, shall—

21 ‘‘(1) develop and maintain a antiterrorism cargo

22 identification, tracking, and screening system for con23 tainerized cargo shipped to and from the United

24 States either directly or via a foreign port; and
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1 ‘‘(2) develop performance standards to enhance

2 the physical security of shipping containers, includ3 ing standards for seals and locks.

4 ‘‘§ 70104. Antiterrorism response

5 ‘‘(a) COORDINATION.—The Secretary shall cooperate

6 with the Director of the Federal Emergency Management

7 Agency to ensure that Federal, State, and local terrorism

8 response resources are coordinated as part of the Director’s

9 terrorism response plan for United States ports and water10 ways.

11 ‘‘(b) VESSEL RESPONSE PLAN SYSTEM.—Before Janu12 ary 1, 2003, the Secretary shall establish a system of

13 antiterrorism response plans for vessels that may be in14 volved in a catastrophic emergency.

15 ‘‘§ 70105. Transportation security cards

16 ‘‘(a) PROHIBITION.—(1) An individual shall not enter

17 an area of a vessel or facility that is designated as a secure

18 area in an antiterrorism plan for the vessel or facility that

19 is approved by the Secretary under section 70103(c) unless

20 the individual—

21 ‘‘(A) holds a transportation security card issued

22 under this section and is authorized to be in the area

23 in accordance with the plan; or

24 ‘‘(B) is accompanied by another individual who

25 holds a transportation security card issued under this
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1 section and is authorized to be in the area in accord2 ance with the plan.

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

4 a secure area unless the entry of the individual into the

5 area is in compliance with paragraph (1).

6 ‘‘(b) ISSUANCE OF CARDS.—(1) The Secretary shall

7 issue a transportation security card to an individual speci8 fied in paragraph (2), unless the Secretary decides that the

9 individual poses a terrorism security risk warranting de10 nial of the card.

11 ‘‘(2) This subsection applies to—

12 ‘‘(A) an individual allowed unescorted access to

13 a secure area designated in a maritime transpor14 tation antiterrorism plan;

15 ‘‘(B) an individual issued a license, certificate of

16 registry, or merchant mariners document under part

17 E of subtitle II of this title;

18 ‘‘(C) a vessel pilot;

19 ‘‘(D) an individual engaged on a towing vessel

20 that pushes, pulls, or hauls alongside a tank vessel;

21 and

22 ‘‘(E) an individual engaged on a vessel that may

23 be involved in a catastrophic emergency.

24 ‘‘(c) DETERMINATION OF TERRORISM SECURITY

25 RISK.—(1) An individual may not be denied a transpor-
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1 tation security card under subsection (a) unless the Sec2 retary determines that individual—

3 ‘‘(A) has been convicted of a felony that the Sec4 retary believes could be a terrorism security risk to

5 the United States;

6 ‘‘(B) may be denied admission to the United

7 States or removed from the United States under the

8 Immigration and Nationality Act (8 U.S.C. 1101 et

9 seq.); or

10 ‘‘(C) otherwise poses a terrorism security risk to

11 the United States.

12 ‘‘(2) In making a determination under paragraph (1),

13 the Secretary shall give consideration to the circumstances

14 of any disqualifying act or offense, restitution made by the

15 individual, Federal and State mitigation remedies, and

16 other factors from which it may be concluded that the indi17 vidual does not pose a terrorism security risk warranting

18 denial of the card.

19 ‘‘(3) The Secretary shall establish an appeals process

20 under this section for individuals found to be ineligible for

21 a transportation security card that includes notice and an

22 opportunity for a hearing.

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

24 transportation security card to an individual if the Sec-
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1 retary has previously determined, under section 5103a of

2 title 49, that the individual does not pose a security risk.

3 ‘‘(d) BACKGROUND RECORDS CHECK.—(1) On request

4 of the Secretary, the Attorney General shall—

5 ‘‘(A) conduct a background records check regard6 ing the individual; and

7 ‘‘(B) upon completing the background records

8 check, notify the Secretary of the completion and re9 sults of the background records check.

10 ‘‘(2) A background records check regarding an indi11 vidual under this subsection shall consist of the following:

12 ‘‘(A) A check of the relevant criminal history

13 databases.

14 ‘‘(B) In the case of an alien, a check of the rel15 evant databases to determine the status of the alien

16 under the immigration laws of the United States.

17 ‘‘(C) As appropriate, a check of the relevant

18 international databases or other appropriate means.

19 ‘‘(D) Review of any other national security-re20 lated information or database identified by the Attor21 ney General for purposes of such a background

22 records check.

23 ‘‘(e) RESTRICTIONS ON USE AND MAINTENANCE OF IN24 FORMATION.—(1) Information obtained by the Attorney

25 General or the Secretary of Transportation under this sec-
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1 tion may not be made available to the public under section

2 552 of title 5.

3 ‘‘(2) Any information constituting grounds for denial

4 of a transportation security card under subsection (c)(1)

5 shall be maintained confidentially by the Secretary and

6 may be used only for making determinations under this sec7 tion.

8 ‘‘(f) DEFINITION.—In this section, the term ‘alien’ has

9 the meaning given the term in section 101(a)(3) of the Im10 migration and Nationality Act (8 U.S.C. 1101(a)(3)).

11 ‘‘§ 70106. Maritime antiterrorism teams

12 ‘‘(a) IN GENERAL.—The Secretary shall establish mar13 itime antiterrorism teams to safeguard the public and pro14 tect vessels, ports, facilities, and cargo on waters subject to

15 the jurisdiction of the United States from terrorist activity.

16 ‘‘(b) MISSION.—Each maritime antiterrorism team

17 shall be trained, equipped, and capable of being employed

18 to deter, protect against, and rapidly respond to threats of

19 terrorism.

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

21 maximum extent feasible, each maritime antiterrorism

22 team shall coordinate its activities with other Federal,

23 State, and local law enforcement agencies.
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1 ‘‘§ 70107. Grants

2 ‘‘(a) FINANCIAL ASSISTANCE.—The Under Secretary

3 may provide financial assistance for enhanced facility

4 security—

5 ‘‘(1) to implement a maritime antiterrorism

6 plan approved by the Secretary; or

7 ‘‘(2) to implement an interim measure required

8 by the Secretary under section 70103(c)(7).

9 ‘‘(b) MATCHING REQUIREMENTS.—(1) Except as pro10 vided in paragraph (2), Federal funds for any project under

11 this section shall not exceed 75 percent of the total cost of

12 such project.

13 ‘‘(2)(A) There are no matching requirements for grants

14 under subsection (a) for projects costing not more than

15 $25,000.

16 ‘‘(B) If the Under Secretary determines that a pro17 posed project merits support and cannot be undertaken

18 without a higher rate of Federal support, then the Under

19 Secretary may approve grants under this section with a

20 matching requirement other than that specified in para21 graph (1).

22 ‘‘(c) PROJECT PROPOSALS.—Each proposal for a

23 grant under this section shall include the following:

24 ‘‘(1) The name of the individual or entity re25 sponsible for conducting the project.
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1 ‘‘(2) A comprehensive description of the need for

2 the project, and a statement of the project’s relation3 ship to the Area Maritime Transportation

4 Antiterrorism Plan that applies to the location where

5 the project will be carried out.

6 ‘‘(3) A description of the qualifications of the in7 dividuals who will conduct the project.

8 ‘‘(4) An estimate of the funds and time required

9 to complete the project.

10 ‘‘(5) Information regarding the source and

11 amount of matching funding available to the appli12 cant, as appropriate.

13 ‘‘(6) Any other information the Under Secretary

14 considers to be necessary for evaluating the eligibility

15 of the project for funding under this section.

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—(1) To

17 carry out this section there is authorized to be appropriated

18 to the Secretary $83,000,000 for each of fiscal years 2003,

19 2004, and 2005.

20 ‘‘(2) Of amounts available under this section,

21 $7,500,000 shall be used for proof-of-concept technology

22 grants, including proposals from a national security lab23 oratory referred to in section 3281(1)(C) of division C of

24 Public Law 106–65 (50 U.S.C. 2471(1)(C)).
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1 ‘‘(3) Of the amounts available under this section,

2 $7,500,000 shall be used to reimburse a port for enhanced

3 facility security measures undertaken in the period begin4 ning September 11, 2001, and ending September 30, 2003.

5 ‘‘(4) Amounts appropriated under this section may re6 main available until expended.

7 ‘‘(e) MARITIME SECURITY TRAINING GRANTS.—(1)

8 The Under Secretary may make a grant of not more than

9 $500,000 for each of fiscal years 2003, 2004, and 2005, to

10 each of the following educational institutions for develop11 ment and implementation of a comprehensive port and

12 maritime security education program:

13 ‘‘(A) Each of the 6 State maritime academies.

14 ‘‘(B) The United States Merchant Marine Acad15 emy.

16 ‘‘(C) The Appalachian Transportation Institute.

17 ‘‘(2) There is authorized to be appropriated,

18 $4,000,000 for grants made under this subsection.

19 ‘‘§ 70108. Foreign port assessment

20 ‘‘(a) IN GENERAL.—The Secretary shall assess the ef21 fectiveness of the antiterrorism measures maintained at—

22 ‘‘(1) a foreign port—

23 ‘‘(A) served by vessels documented under

24 chapter 121 of this title; or
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1 ‘‘(B) from which foreign vessels depart on a

2 voyage to the United States; and

3 ‘‘(2) any other foreign port the Secretary believes

4 poses a high risk of introducing terrorism to inter5 national maritime commerce.

6 ‘‘(b) PROCEDURES.—In conducting an assessment

7 under subsection (a), the Secretary shall assess the effective8 ness of—

9 ‘‘(1) screening of containerized and other cargo

10 and baggage;

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

12 vessels, and dockside property to authorized personnel

13 only;

14 ‘‘(3) additional security on board vessels;

15 ‘‘(4) licensing or certification of compliance with

16 appropriate security standards;

17 ‘‘(5) the security management program of the

18 foreign port; and

19 ‘‘(6) other appropriate measures to deter ter20 rorism against the United States.

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

22 Secretary may consult with—

23 ‘‘(1) the Secretary of Defense and the Secretary

24 of State—
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1 ‘‘(A) on the terrorist threat that exists in

2 each country involved; and

3 ‘‘(B) to identify foreign ports that pose a

4 high risk of introducing terrorism to inter5 national maritime commerce;

6 ‘‘(2) the Secretary of the Treasury;

7 ‘‘(3) appropriate authorities of foreign govern8 ments; and

9 ‘‘(4) operators of vessels.

10 ‘‘§ 70109. Notifying foreign authorities

11 ‘‘If the Secretary, after conducting an assessment

12 under section 70108, finds that a port in a foreign country

13 does not maintain effective antiterrorism measures, the Sec14 retary shall notify the appropriate authorities of the govern15 ment of the foreign country of the finding and recommend

16 the steps necessary to improve the antiterrorism measures

17 in use at the port.

18 ‘‘§ 70110. Actions when foreign ports not maintaining

19 effective antiterrorism measures

20 ‘‘(a) IN GENERAL.—If the Secretary finds that a for21 eign port does not maintain effective antiterrorism meas22 ures, the Secretary may—

23 ‘‘(1) prescribe conditions of entry into the United

24 States for any vessel arriving from that port, or any
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1 vessel carrying cargo originating from or trans2 shipped through that port; and

3 ‘‘(2) deny entry into the United States to any

4 vessel that does not meet such conditions.

5 ‘‘(b) EFFECTIVE DATE FOR SANCTIONS.—Any action

6 taken by the Secretary under subsection (a) for a particular

7 port shall take effect—

8 ‘‘(1) 90 days after the government of the foreign

9 country with jurisdiction over or control of that port

10 is notified under section 70109 unless the Secretary

11 finds that the government has brought the

12 antiterrorism measures at the port up to the security

13 level the Secretary used in making an assessment

14 under section 70108 before the end of that 90-day pe15 riod; or

16 ‘‘(2) immediately upon the finding of the Sec17 retary under subsection (a) if the Secretary finds,

18 after consulting with the Secretary of State, that a

19 condition exists that threatens the safety or security

20 of passengers, vessels, or crew traveling to or from the

21 port.

22 ‘‘(c) STATE DEPARTMENT TO BE NOTIFIED.—The Sec23 retary immediately shall notify the Secretary of State of

24 a finding that a port does not maintain effective

25 antiterrorism measures.
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1 ‘‘(d) ACTION CANCELED.—An action required under

2 this section is no longer required if the Secretary decides

3 that effective antiterrorism measures are maintained at the

4 port.

5 ‘‘§ 70111. Crew and passenger manifests

6 ‘‘(a) IN GENERAL.—The operator of each commercial

7 vessel arriving in the United States from a foreign port

8 shall provide to the Under Secretary by electronic trans9 mission a passenger and crew manifest containing the in10 formation specified in subsection (b).

11 ‘‘(b) INFORMATION.—A passenger and crew manifest

12 required under subsection (a) for a vessel shall contain the

13 following information:

14 ‘‘(1) The full name of each passenger and crew

15 member.

16 ‘‘(2) The date of birth and citizenship of each

17 passenger and crew member.

18 ‘‘(3) The sex of each passenger and crew member.

19 ‘‘(4) The passport number and country of

20 issuance of each passenger and crew member if re21 quired for travel.

22 ‘‘(5) The United States visa number or resident

23 alien card number of each passenger and crew mem24 ber, as applicable.
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1 ‘‘(6) Such other information as the Under Sec2 retary determines is reasonably necessary to ensure

3 maritime safety.

4 ‘‘(c) TRANSMISSION OF MANIFEST.—Subject to sub5 section (d), a passenger and crew manifest required for a

6 vessel under subsection (a) shall be transmitted to the Under

7 Secretary in advance of the vessel arriving in the United

8 States in such manner, time, and form as the Under Sec9 retary prescribes.

10 ‘‘(d) TRANSMISSION OF MANIFESTS TO OTHER FED11 ERAL AGENCIES.—Upon request, information provided to

12 the Under Secretary under this section may be shared with

13 other Federal agencies for the purpose of protecting national

14 security.

15 ‘‘§ 70112. Civil penalty

16 ‘‘Any person that violates this chapter or any regula17 tion under this chapter shall be liable to the United States

18 for a civil penalty of not more than $25,000 for each viola19 tion.’’.

20 (b) CONFORMING AMENDMENT.—The table of subtitles

21 at the beginning of title 46, United States Code, is amended

22 by adding at the end the following:

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

23 (c) APPLICATION OF CREW AND PASSENGER MANIFEST

24 REQUIREMENT.—Section 70111 of title 46, United States

25 Code, as enacted by the amendment made by subsection (a),
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1 shall apply with respect to any vessel arriving in the United

2 States after the 60-day period beginning on the date of the

3 enactment of this Act.

4 (d) RULEMAKING REQUIREMENTS.—

5 (1) INTERIM FINAL RULE AUTHORITY.—The Sec6 retary may issue an interim final rule as a tem7 porary regulation implementing this section (includ8 ing the amendments made by this section) as soon as

9 practicable after the date of enactment of this section,

10 without regard to the provisions of chapter 5 of title

11 5, United States Code.

12 (2) INITIATION OF RULEMAKING.—The Secretary

13 may initiate a rulemaking to implement this section

14 (including the amendments made by this section) as

15 soon as practicable after the date of enactment of this

16 section. The final rule issued pursuant to that rule17 making may supersede the interim final rule promul18 gated under this subsection.

19 SEC. 102. CLARIFICATION OF COAST GUARD AUTHORITY TO

20 CONTROL VESSELS IN TERRITORIAL WATERS

21 OF THE UNITED STATES.

22 The Ports and Waterways Safety Act (33 U.S.C. 1221

23 et seq.) is amended by adding at the end the following:
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1 ‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DI2 RECTION OF VESSELS BY COAST GUARD.

3 ‘‘(a) NOTIFICATION OF COAST GUARD.—Under regula4 tions prescribed by the Secretary, a commercial vessel enter5 ing the territorial sea of the United States shall notify the

6 Secretary by electronic transmission not later than 96 hours

7 before that entry and provide the following information re8 garding the vessel:

9 ‘‘(1) The name of the vessel.

10 ‘‘(2) The route and port or place of destination

11 in the United States.

12 ‘‘(3) The time of entry into the territorial sea.

13 ‘‘(4) Any information requested by the Secretary

14 to demonstrate compliance with applicable inter15 national agreements to which the United States is a

16 party.

17 ‘‘(5) If the vessel is carrying dangerous cargo, a

18 description of that cargo.

19 ‘‘(6) A description of any hazardous conditions

20 on the vessel.

21 ‘‘(7) Any other information requested by the Sec22 retary.

23 ‘‘(b) DENIAL OF ENTRY.—The Secretary may deny

24 entry of a vessel into the territorial sea of the United States

25 if—
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1 ‘‘(1) the Secretary has not received notification

2 for the vessel in accordance with subsection (a); or

3 ‘‘(2) the vessel is not in compliance with any

4 other applicable law relating to marine safety, secu5 rity, or environmental protection.

6 ‘‘(c) DIRECTION OF VESSEL.—The Secretary may di7 rect the operation of any vessel in the navigable waters of

8 the United States as necessary during hazardous cir9 cumstances, including the absence of a pilot required by

10 State or Federal law, weather, casualty, vessel traffic, or

11 the poor condition of the vessel.

12 ‘‘(d) IMPLEMENTATION.—The Secretary shall imple13 ment this section consistent with section 4(d).’’.

14 SEC. 103. EXTENSION OF SEAWARD JURISDICTION.

15 (a) DEFINITION OF TERRITORIAL WATERS.—Section

16 1 of title XIII of the Act of June 15, 1917 (50 U.S.C. 195)

17 is amended—

18 (1) by striking ‘‘The term ‘United States’ as used

19 in this Act includes’’ and inserting the following:

20 ‘‘In this Act:

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

22 includes’’; and

23 (2) by adding at the end the following:

24 ‘‘(2) TERRITORIAL WATERS.—The term ‘terri25 torial waters of the United States’ includes all waters
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1 of the territorial sea of the United States as described

2 in Presidential Proclamation 5928 of December 27,

3 1988.’’.

4 (b) CIVIL PENALTY FOR VIOLATION OF ACT OF JUNE

5 15, 1917.—Section 2 of title II of the Act of June 15, 1917

6 (50 U.S.C. 192), is amended—

7 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

8 ‘‘If’’ in the first undesignated paragraph;

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

10 ‘‘(b) APPLICATION TO OTHERS.—If any other’’; and

11 (3) by adding at the end the following:

12 ‘‘(c) CIVIL PENALTY.—A person violating this Act, or

13 any rule, regulation or order issued under this Act, shall

14 be liable to the United States Government for a civil pen15 alty of not more than $25,000 for each violation. Each day

16 of a continuing violation shall constitute a separate viola17 tion.’’.

18 SEC. 104. SUSPENSION OF LIMITATION ON STRENGTH OF

19 COAST GUARD.

20 (a) PERSONNEL END STRENGTHS.—Section 661(a) of

21 title 14, United States Code, is amended by adding at the

22 end the following: ‘‘If at the end of any fiscal year there

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

24 President may defer the effectiveness of any end-strength

25 limitation with respect to that fiscal year prescribed by law
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1 for any military or civilian component of the Coast Guard,

2 for a period not to exceed 6 months after the end of the

3 war or termination of the national emergency.’’.

4 (b) OFFICERS IN COAST GUARD RESERVE.—Section

5 724 of title 14, United States Code, is amended by adding

6 at the end thereof the following:

7 ‘‘(c) DEFERRAL OF LIMITATION.—If at the end of any

8 fiscal year there is in effect a declaration of war or national

9 emergency, the President may defer the effectiveness of any

10 end-strength limitation with respect to that fiscal year pre11 scribed by law for any military or civilian component of

12 the Coast Guard Reserve, for a period not to exceed 6

13 months after the end of the war or termination of the na14 tional emergency.’’.

15 SEC. 105. EXTENSION OF DEEPWATER PORT ACT TO NAT16 URAL GAS.

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

18 Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) are

19 each amended by inserting ‘‘or natural gas’’ after ‘‘oil’’ each

20 place it appears:

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

22 (2) Section 3(9) (33 U.S.C. 1502(9)).

23 (3) Section 4(a) (33 U.S.C. 1503(a)).

24 (4) Section 5(c)(2)(G) and (H) (33 U.S.C.

25 1504(c)(2)(G) and (H)).
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1 (5) Section 5(i)(2)(B) (33 U.S.C. 1504(i)(2)(B)).

2 (6) Section 5(i)(3)(C) (33 U.S.C. 1504

3 (i)(3)(C)).

4 (7) Section 8 (33 U.S.C. 1507).

5 (8) Section 21(a) (33 U.S.C. 1520(a)).

6 (b) DEFINITION OF NATURAL GAS.—Section 3 of the

7 Deepwater Port Act of 1974 (33 U.S.C. 1502) is amended—

8 (1) by redesignating paragraphs (13) through

9 (18) as paragraphs (14) through (19) respectively;

10 and

11 (2) by inserting after paragraph (12) the fol12 lowing:

13 ‘‘(13) ‘natural gas’ means either natural gas

14 unmixed, or any mixture of natural or artificial gas,

15 including liquefied natural gas;’’.

16 (c) FACILITY APPROVAL.—

17 (1) Section 5(d) of the Deepwater Port Act of

18 1974 (33 U.S.C. 1504(d)) is amended by adding at

19 the end the following:

20 ‘‘(4) This subsection shall not apply to deepwater ports

21 for natural gas.’’.

22 (2) Section 5(i) of the Deepwater Port Act of

23 1974 (33 U.S.C. 1504(i)) is amended by adding at

24 the end the following:
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1 ‘‘(4) The Secretary shall approve or deny any applica2 tion for a deepwater port for natural gas submitted pursu3 ant to this Act not later than 90 days after the last public

4 hearing on a proposed license. The Secretary shall not con5 sider paragraphs (1), (2), and (3) of this subsection for an

6 application for a deepwater port for natural gas.’’.

7 (d) FACILITY DEVELOPMENT.—Section 8 of the Deep8 water Port Act of 1974 (33 U.S.C. 1507) is amended by

9 adding at the end the following:

10 ‘‘(d) MANAGED ACCESS.—Notwithstanding subsections

11 (a) and (b), a licensee may exclusively utilize the entire

12 capacity of the deepwater port and storage facilities for the

13 acceptance, transport, regasification, or conveyance of nat14 ural gas produced, processed, marketed, or otherwise ob15 tained by agreement by such licensee or its affiliates. The

16 licensee may make unused capacity of the deepwater port

17 and storage facilities available to other persons, pursuant

18 to reasonable terms and conditions imposed by the licensee,

19 if such use does not otherwise interfere in any way with

20 the acceptance, transport, regasification, or conveyance of

21 natural gas produced, processed, marketed, or otherwise ob22 tained by agreement by such licensee or its affiliates.

23 ‘‘(e) JURISDICTION.—For the purpose of this Act, the

24 acceptance, transport, regasification, or conveyance of nat25 ural gas shall be subject to regulation exclusively under this
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1 Act until the natural gas from a deepwater port is delivered

2 out of the deepwater port facilities of the licensee.’’.

3 (e) REGULATIONS.—

4 (1) Not later than 30 days after the date of the

5 enactment of this Act, the heads of Federal depart6 ments or agencies having expertise concerning, or ju7 risdiction over, any aspect of the construction or oper8 ation of deepwater ports for natural gas shall trans9 mit to the Secretary of Transportation written com10 ments as to their expertise or statutory responsibil11 ities pursuant to the Deepwater Port Act of 1974 (33

12 U.S.C. 1501 et seq.) or any other Federal law.

13 (2) As soon as practicable after the date of the

14 enactment of this Act, the Secretary of Transportation

15 shall issue additional final rules that, in the discre16 tion of the Secretary, are determined to be necessary

17 under the Deepwater Port Act of 1974 (33 U.S.C.

18 1501 et seq.) for the application and issuance of li19 censes for a deepwater port for natural gas.

20 SEC. 106. ASSIGNMENT OF COAST GUARD PERSONNEL AS

21 SEA MARSHALS AND ENHANCED USE OF

22 OTHER SECURITY PERSONNEL.

23 (a) IN GENERAL.—Section 7(b) of the Ports and Wa24 terways Safety Act (33 U.S.C. 1226(b)) is amended—
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1 (1) by striking ‘‘and’’ after the semicolon in

2 paragraph (1);

3 (2) by striking ‘‘terrorism.’’ in paragraph (2)

4 and inserting ‘‘terrorism; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(3) dispatch properly trained and qualified

7 armed Coast Guard personnel on facilities and vessels

8 to deter or respond to acts of terrorism.’’.

9 (b) REPORT ON USE OF NON-COAST GUARD PER10 SONNEL.—The Secretary of Transportation shall evaluate

11 and report to the Congress on—

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

13 government personnel, and documented United States

14 Merchant Marine personnel, to supplement Coast

15 Guard personnel under section 7(b)(3) of the Ports

16 and Waterways Safety Act (33 U.S.C. 1226(b)(3));

17 (2) the possibility of using personnel other than

18 Coast Guard personnel to carry out Coast Guard per19 sonnel functions under that section and whether addi20 tional legal authority would be necessary to use such

21 personnel for such functions; and

22 (3) the possibility of utilizing the United States

23 Merchant Marine Academy, State maritime acad24 emies, or Coast Guard approved maritime industry
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1 schools in the United States, to provide training

2 under that section.

3 SEC. 107. AUTOMATIC IDENTIFICATION SYSTEM.

4 (a) TRANSPONDER REQUIREMENT.—

5 (1) IN GENERAL.—Subject to paragraph (2), the

6 following vessels, while operating on the navigable

7 waters of the United States, shall be equipped with a

8 position indicating transponder and an appropriate

9 situation display or other device suitable for accessing

10 information made available by the transponder sys11 tem, in accordance with regulations prescribed by the

12 Secretary of Transportation:

13 (A) Vessels subject to Public Law 92–63.

14 (B) Small passenger vessels carrying more

15 than a number of passengers determined by the

16 Secretary of Transportation.

17 (C) Towing vessels while towing astern or

18 pushing ahead or alongside, except commercial

19 assistance towing vessels rendering assistance to

20 disabled small vessels.

21 (2) EXEMPTION.—The Secretary may exempt a

22 vessel from paragraph (1) if the Secretary finds that

23 a transponder is not necessary for the safe navigation

24 of the vessel on the waters on which the vessel oper25 ates.
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1 (b) REGULATIONS.—The Secretary of Transportation

2 shall issue regulations implementing subsection (a), includ3 ing requirements for the operation and maintenance of

4 transponders required under subsection (a).

5 (c) APPLICATION.—Subsection (a) shall apply as fol6 lows:

7 (1) On and after December 31, 2002, to—

8 (A) any vessel built after that date; and

9 (B) notwithstanding paragraphs (2) and

10 (3), any vessel operating within the geographic

11 boundaries of a Vessel Traffic Service.

12 (2) On and after July 1, 2003, to any vessel

13 built before the date referred to in paragraph (1) that

14 is—

15 (A) a passenger vessel;

16 (B) a tanker; or

17 (C) a towing vessel engaged in moving a

18 tank vessel.

19 (3) On and after December 31, 2004, to all other

20 vessels built before the date referred to in paragraph

21 (1).

22 SEC. 108. MANDATORY ADVANCED ELECTRONIC INFORMA23 TION FOR CARGO.

24 (a) IN GENERAL.—Section 431(b) of the Tariff Act of

25 1930 (19 U.S.C. 1431(b)) is amended—
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1 (1) in the first sentence, by striking ‘‘Any mani2 fest’’ and inserting ‘‘(1) Any manifest’’; and

3 (2) by adding at the end the following:

4 ‘‘(2)(A) In addition to any other requirement under

5 this section, for each land, air, or vessel carrier required

6 to make entry under the customs laws of the United States,

7 the pilot, the master, operator, or owner of such carrier (or

8 the authorized agent of such operator or owner) shall pro9 vide by electronic transmission cargo information in ad10 vance of such entry in such manner, time, and form as pre11 scribed under regulations by the Secretary. In issuing such

12 regulations, the Secretary shall consult with other appro13 priate Federal departments and agencies as part of an

14 interagency process, including, but not limited to, the De15 partment of Transportation, the Department of Justice, and

16 the Department of Defense. The Secretary may exclude any

17 class of land, air, or vessel carrier for which the Secretary

18 concludes the requirements of this subparagraph are not

19 necessary.

20 ‘‘(B) The Secretary shall provide to appropriate Fed21 eral departments and agencies cargo information obtained

22 pursuant to subparagraph (A). In carrying out the pre23 ceding sentence, the Secretary, to the maximum extent prac24 ticable, shall protect the privacy and property rights with

25 respect to the cargo involved.’’.
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1 (b) CONFORMING AMENDMENTS.—Subparagraphs (A)

2 and (C) of section 431(d)(1) of such Act are each amended

3 by inserting before the semicolon ‘‘or subsection (b)(2)’’.

4 TITLE II—MARITIME POLICY

5 IMPROVEMENT

6 SEC. 201. SHORT TITLE.

7 This title may be cited as the ‘‘Maritime Policy Im8 provement Act of 2002’’.

9 SEC. 202. VESSEL COASTAL VENTURE.

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

11 of 1996 (Public Law 104–324; 110 Stat. 3978) is amended

12 by inserting ‘‘COASTAL VENTURE (United States official

13 number 971086),’’ after ‘‘vessels’’.

14 SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE

15 MEMORIAL WALL OF HONOR.

16 (a) FINDINGS.—The Congress finds that—

17 (1) the United States Merchant Marine has

18 served the people of the United States in all wars

19 since 1775;

20 (2) the United States Merchant Marine served as

21 the Nation’s first navy and defeated the British Navy

22 to help gain the Nation’s independence;

23 (3) the United States Merchant Marine kept the

24 lifeline of freedom open to the allies of the United

25 States during the Second World War, making one of
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1 the most significant contributions made by any na2 tion to the victory of the allies in that war;

3 (4) President Franklin D. Roosevelt and many

4 military leaders praised the role of the United States

5 Merchant Marine as the ‘‘Fourth Arm of Defense’’

6 during the Second World War;

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

8 the United States Merchant Marine during the Sec9 ond World War;

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

11 the United States Merchant Marine faced dangers

12 from the elements and from submarines, mines, armed

13 raiders, destroyers, aircraft, and ‘‘kamikaze’’ pilots;

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

15 members of the United States Merchant Marine were

16 killed at sea;

17 (8) during the Second World War, 11,000 mem18 bers of the United States Merchant Marine were

19 wounded, at least 1,100 of whom later died from their

20 wounds;

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

22 of the United States Merchant Marine were taken

23 prisoner;

24 (10) 1 in 32 members of the United States Mer25 chant Marine serving in the Second World War died
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1 in the line of duty, suffering a higher percentage of

2 war-related deaths than any of the other armed serv3 ices of the United States; and

4 (11) the United States Merchant Marine con5 tinues to serve the United States, promoting freedom

6 and meeting the high ideals of its former members.

7 (b) GRANTS TO CONSTRUCT ADDITION TO AMERICAN

8 MERCHANT MARINE MEMORIAL WALL OF HONOR.—

9 (1) IN GENERAL.—The Secretary of Transpor10 tation may make grants to the American Merchant

11 Marine Veterans Memorial Committee, Inc., to con12 struct an addition to the American Merchant Marine

13 Memorial Wall of Honor located at the Los Angeles

14 Maritime Museum in San Pedro, California.

15 (2) FEDERAL SHARE.—The Federal share of the

16 cost of activities carried out with a grant made under

17 this section shall be 50 percent.

18 (3) AUTHORIZATION OF APPROPRIATIONS.—

19 There is authorized to be appropriated to carry out

20 this section $500,000 for fiscal year 2002.

21 SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.

22 Notwithstanding any other provision of law, the dis23 charge from a vessel of any agricultural cargo residue mate24 rial in the form of hold washings shall be governed exclu25 sively by the provisions of the Act to Prevent Pollution from
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1 Ships (33 U.S.C. 1901 et seq.) that implement Annex V to

2 the International Convention for the Prevention of Pollu3 tion from Ships.

4 SEC. 205. RECORDING AND DISCHARGING NOTICES OF

5 CLAIM OF MARITIME LIEN.

6 (a) LIENS ON ANY DOCUMENTED VESSEL.—

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

8 United States Code, is amended as follows:

9 (A) By amending the section heading to

10 read as follows:

11 ‘‘§ 31343. Recording and discharging notices of claim

12 of maritime lien’’.

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

14 by a preferred mortgage filed or recorded under

15 this chapter’’ and inserting ‘‘documented, or for

16 which an application for documentation has

17 been filed, under chapter 121’’.

18 (C) By amending subsection (b) to read as

19 follows:

20 ‘‘(b)(1) The Secretary shall record a notice complying

21 with subsection (a) of this section if, when the notice is pre22 sented to the Secretary for recording, the person having the

23 claim files with the notice a declaration stating the fol24 lowing:
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1 ‘‘(A) The information in the notice is true and

2 correct to the best of the knowledge, information, and

3 belief of the individual who signed it.

4 ‘‘(B) A copy of the notice, as presented for rec5 ordation, has been sent to each of the following:

6 ‘‘(i) The owner of the vessel.

7 ‘‘(ii) Each person that recorded under sec8 tion 31343(a) of this title an unexpired notice of

9 a claim of an undischarged lien on the vessel.

10 ‘‘(iii) The mortgagee of each mortgage filed

11 or recorded under section 31321 of this title that

12 is an undischarged mortgage on the vessel.

13 ‘‘(2) A declaration under this subsection filed by a per14 son that is not an individual must be signed by the presi15 dent, member, partner, trustee, or other individual author16 ized to execute the declaration on behalf of the person.’’.

17 (D) By amending subsection (c) to read as

18 follows:

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

20 that is the basis for a notice of claim of lien recorded under

21 subsection (b) of this section, the person having the claim

22 shall provide the Secretary with an acknowledged certificate

23 of discharge of the indebtedness. The Secretary shall record

24 the certificate.
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1 ‘‘(2) The district courts of the United States shall have

2 jurisdiction over a civil action to declare that a vessel is

3 not subject to a lien claimed under subsection (b) of this

4 section, or that the vessel is not subject to the notice of claim

5 of lien, or both, regardless of the amount in controversy or

6 the citizenship of the parties. Venue in such an action shall

7 be in the district where the vessel is found, or where the

8 claimant resides, or where the notice of claim of lien is re9 corded. The court may award costs and attorneys fees to

10 the prevailing party, unless the court finds that the position

11 of the other party was substantially justified or other cir12 cumstances make an award of costs and attorneys fees un13 just. The Secretary shall record any such declaratory

14 order.’’.

15 (E) By adding at the end the following:

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

17 (b) of this section shall expire 3 years after the date the

18 lien was established, as such date is stated in the notice

19 under subsection (a) of this section.

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

21 pertaining to the establishment of a maritime lien, the rem22 edy provided by such a lien, or the defenses thereto, includ23 ing any defense under the doctrine of laches.’’.

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of chapter 313 of title 46,
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1 United States Code, is amended by striking the item

2 relating to section 31343 and inserting the following:

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

3 (b) NOTICE REQUIREMENTS.—Section 31325 of title

4 46, United States Code, is amended as follows:

5 (1) In subsection (d)(1)(B) by striking ‘‘a notice

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

7 claim’’.

8 (2) In subsection (f)(1) by striking ‘‘a notice of

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

10 claim’’.

11 (c) APPROVAL OF SURRENDER OF DOCUMENTATION.—

12 Section 12111 of title 46, United States Code, is amended

13 by adding at the end the following:

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

15 surrender of the certificate of documentation for a vessel

16 solely on the basis that a notice of a claim of a lien on

17 the vessel has been recorded under section 31343(a) of this

18 title.

19 ‘‘(2) The Secretary may condition approval of the sur20 render of the certificate of documentation for a vessel over

21 1,000 gross tons.’’.

22 (d) TECHNICAL CORRECTION.—Section 9(c) of the

23 Shipping Act, 1916 (46 App. U.S.C. 808(c)) is amended

24 in the matter preceding paragraph (1) by striking ‘‘Except’’

25 and all that follows ‘‘12106(e) of title 46,’’ and inserting
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1 ‘‘Except as provided in section 611 of the Merchant Marine

2 Act, 1936 (46 App. U.S.C. 1181) and in section 12106(e)

3 of title 46,’’.

4 (e) EFFECTIVE DATE.—This section shall take effect

5 July 1, 2002.

6 SEC. 206. TONNAGE OF R/V DAVIDSON.

7 (a) IN GENERAL.—The Secretary of Transportation

8 shall prescribe a tonnage measurement as a small passenger

9 vessel as defined in section 2101 of title 46, United States

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

11 number D1066485) for purposes of applying the optional

12 regulatory measurement under section 14305 of that title.

13 (b) APPLICATION.—Subsection (a) shall apply only

14 when the vessel is operating in compliance with the require15 ments of section 3301(8) of title 46, United States Code.

16 SEC. 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTA17 TION.

18 Notwithstanding section 27 of the Merchant Marine

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

20 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289),

21 and sections 12106 and 12108 of title 46, United States

22 Code, the Secretary of Transportation may issue a certifi23 cate of documentation with appropriate endorsement for

24 employment in the coastwise trade for the following vessels:
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1 (1) LOOKING GLASS (United States official

2 number 925735).

3 (2) YANKEE (United States official number

4 1076210).

5 (3) LUCKY DOG of St. Petersburg, Florida

6 (State of Florida registration number

7 FLZP7569E373).

8 (4) ENTERPRIZE (United States official num9 ber 1077571).

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

11 number 1079439).

12 (6) FRITHA (United States official number

13 1085943).

14 (7) PUFFIN (United States official number

15 697029).

16 (8) VICTORY OF BURNHAM (United States

17 official number 663780).

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

19 number 905373).

20 (10) ANTJA (State of Florida registration num21 ber FL3475MA).

22 (11) SKIMMER, manufactured by Contour

23 Yachts, Inc. (hull identification number

24 QHG34031D001).
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1 (12) TOKEENA (State of South Carolina reg2 istration number SC 1602 BJ).

3 (13) DOUBLE EAGLE2 (United States official

4 number 1042549).

5 (14) ENCOUNTER (United States official num6 ber 998174).

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

8 (16) BARGE 10 (United States official number

9 1101368).

10 (17) NOT A SHOT (United States official num11 ber 911064).

12 (18) PRIDE OF MANY (Canadian official num13 ber 811529).

14 (19) AMAZING GRACE (United States official

15 number 92769).

16 (20) SHEWHO (United States official number

17 1104094).

18 SEC. 208. EXEMPTION FOR VICTORY SHIPS.

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

20 amended by adding at the end the following:

21 ‘‘(D) The steamship SS Red Oak Victory

22 (United States official number 249410), owned by the

23 Richmond Museum Association, located in Richmond,

24 California.
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1 ‘‘(E) The SS American Victory (United States

2 official number 248005), owned by Victory Ship, Inc.,

3 of Tampa, Florida.’’.

4 SEC. 209. CERTIFICATE OF DOCUMENTATION FOR 3

5 BARGES.

6 (a) DOCUMENTATION CERTIFICATE.—Notwithstanding

7 section 12106 of title 46, United States Code, and section

8 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),

9 and subject to subsection (c) of this section, the Secretary

10 of Transportation may issue a certificate of documentation

11 with an appropriate endorsement for employment in the

12 coastwise trade for each of the vessels listed in subsection

13 (b).

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

15 subsection (a) are the following:

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

17 length of 110 feet and a width of 34 feet.

18 (2) The former railroad car barge HUGH, hav19 ing a length of 185 feet and a width of 34 feet.

20 (3) The former railroad car barge TOMMY, hav21 ing a length of 185 feet and a width of 34 feet.

22 (c) LIMITATION ON OPERATION.—A vessel issued a cer23 tificate of documentation under this section may be used

24 only as a floating platform for launching fireworks, includ25 ing transportation of materials associated with that use.
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1 SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE

2 EAGLE.

3 Notwithstanding section 27 of the Merchant Marine

4 Act, 1920 (46 App. U.S.C. 883), chapter 121 of title 46,

5 United States Code, and section 1 of the Act of May 28,

6 1906 (46 App. U.S.C. 292), the Secretary of Transportation

7 shall issue a certificate of documentation with appropriate

8 endorsement for employment in the coastwise trade for the

9 vessel EAGLE (hull number BK–1754, United States offi10 cial number 1091389) if the vessel is—

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

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

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

14 subdivision of a State, or a public authority chartered

15 by a State;

16 (3) operated only in conjunction with—

17 (A) scour jet operations; or

18 (B) dredging services adjacent to facilities

19 owned by the State, political subdivision, or pub20 lic authority; and

21 (4) externally identified clearly as a vessel of

22 that State, subdivision or authority.

23 SEC. 211. WAIVER FOR VESSELS IN NEW WORLD CHAL24 LENGE RACE.

25 Notwithstanding section 8 of the Act of June 19, 1886

26 (46 App. U.S.C. 289), beginning on April 1, 2002, the 10
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1 sailboats participating in the New World Challenge Race

2 may transport guests, who have not contributed consider3 ation for their passage, from and around the ports of San

4 Francisco and San Diego, California, before and during

5 stops of that race. This section shall have no force or effect

6 beginning on the earlier of—

7 (1) 60 days after the last competing sailboat

8 reaches the end of that race in San Francisco, Cali9 fornia; or

10 (2) December 31, 2003.

11 SEC. 212. VESSEL ASPHALT COMMANDER.

12 Notwithstanding any other law or agreement with the

13 United States Government, the vessel ASPHALT COM14 MANDER (United States official number 663105) may be

15 transferred to or placed under a foreign registry or sold to

16 a person that is not a citizen of the United States and

17 transferred to or placed under a foreign registry.

18 TITLE III—COAST GUARD PER19 SONNEL AND MARITIME SAFE20 TY

21 SEC. 301. SHORT TITLE.

22 This title may be cited as the ‘‘Coast Guard Personnel

23 and Maritime Safety Act of 2002’’.
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1 Subtitle A—Personnel Management

2 SEC. 311. COAST GUARD BAND DIRECTOR RANK.

3 Section 336(d) of title 14, United States Code, is

4 amended by striking ‘‘commander’’ and inserting ‘‘cap5 tain’’.

6 SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

7 (a) IN GENERAL.—Section 511 of title 14, United

8 States Code, is amended to read as follows:

9 ‘‘§ 511. Compensatory absence from duty for military

10 personnel at isolated duty stations

11 ‘‘The Secretary may grant compensatory absence from

12 duty to military personnel of the Coast Guard serving at

13 isolated duty stations of the Coast Guard when conditions

14 of duty result in confinement because of isolation or in long

15 periods of continuous duty.’’.

16 (b) CLERICAL AMENDMENT.—The chapter analysis for

17 chapter 13 of title 14, United States Code, is amended by

18 striking the item relating to section 511 and inserting the

19 following:

‘‘511. Compensatory absence from duty for military personnel at isolated duty stations.’’.

20 SEC. 313. ACCELERATED PROMOTION OF CERTAIN COAST

21 GUARD OFFICERS.

22 Title 14, United States Code, is amended—

23 (1) in section 259, by adding at the end a new

24 subsection (c) to read as follows:
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1 ‘‘(c)(1) After selecting the officers to be recommended

2 for promotion, a selection board may recommend officers

3 of particular merit, from among those officers chosen for

4 promotion, to be placed at the top of the list of selectees

5 promulgated by the Secretary under section 271(a) of this

6 title. The number of officers that a board may recommend

7 to be placed at the top of the list of selectees may not exceed

8 the percentages set forth in subsection (b) unless such a per9 centage is a number less than one, in which case the board

10 may recommend one officer for such placement. No officer

11 may be recommended to be placed at the top of the list of

12 selectees unless he or she receives the recommendation of at

13 least a majority of the members of a board composed of five

14 members, or at least two-thirds of the members of a board

15 composed of more than five members.

16 ‘‘(2) The Secretary shall conduct a survey of the Coast

17 Guard officer corps to determine if implementation of this

18 subsection will improve Coast Guard officer retention. A se19 lection board may not make any recommendation under

20 this subsection before the date on which the Secretary pub21 lishes a finding, based upon the results of the survey, that

22 implementation of this subsection will improve Coast

23 Guard officer retention.

24 ‘‘(3) The Secretary shall submit any finding made by

25 the Secretary pursuant to paragraph (2) to the Committee
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1 on Transportation and Infrastructure of the House of Rep2 resentatives and the Committee on Commerce, Science, and

3 Transportation of the Senate.’’;

4 (2) in section 260(a), by inserting ‘‘and the

5 names of those officers recommended to be advanced

6 to the top of the list of selectees established by the Sec7 retary under section 271(a) of this title’’ after ‘‘pro8 motion’’; and

9 (3) in section 271(a), by inserting at the end

10 thereof the following: ‘‘The names of all officers ap11 proved by the President and recommended by the

12 board to be placed at the top of the list of selectees

13 shall be placed at the top of the list of selectees in the

14 order of seniority on the active duty promotion list.’’.

15 Subtitle B—Marine Safety

16 SEC. 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL

17 BRIDGE-TO-BRIDGE RADIOTELEPHONE ACT.

18 Section 4(b) of the Vessel Bridge-to-Bridge Radio19 telephone Act (33 U.S.C. 1203(b)), is amended by striking

20 ‘‘United States inside the lines established pursuant to sec21 tion 2 of the Act of February 19, 1895 (28 Stat. 672), as

22 amended.’’ and inserting ‘‘United States, which includes all

23 waters of the territorial sea of the United States as described

24 in Presidential Proclamation 5928 of December 27, 1988.’’.
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1 SEC. 322. PRESERVATION OF CERTAIN REPORTING RE2 QUIREMENTS.

3 Section 3003(a)(1) of the Federal Reports Elimination

4 and Sunset Act of 1995 (31 U.S.C. 1113 note) does not

5 apply to any report required to be submitted under any

6 of the following provisions of law:

7 (1) COAST GUARD OPERATIONS AND EXPENDI8 TURES.—Section 651 of title 14, United States Code.

9 (2) SUMMARY OF MARINE CASUALTIES RE10 PORTED DURING PRIOR FISCAL YEAR.—Section

11 6307(c) of title 46, United States Code.

12 (3) USER FEE ACTIVITIES AND AMOUNTS.—Sec13 tion 664 of title 46, United States Code.

14 (4) CONDITIONS OF PUBLIC PORTS OF THE

15 UNITED STATES.—Section 308(c) of title 49, United

16 States Code.

17 (5) ACTIVITIES OF FEDERAL MARITIME COMMIS18 SION.—Section 208 of the Merchant Marine Act, 1936

19 (46 App. U.S.C. 1118).

20 (6) ACTIVITIES OF INTERAGENCY COORDINATING

21 COMMITTEE ON OIL POLLUTION RESEARCH.—Section

22 7001(e) of the Oil Pollution Act of 1990 (33 U.S.C.

23 2761(e)).
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1 SEC. 323. OIL SPILL LIABILITY TRUST FUND; EMERGENCY

2 FUND ADVANCEMENT AUTHORITY.

3 Section 6002(b) of the Oil Pollution Act of 1990 (33

4 U.S.C. 2752(b)) is amended after the first sentence by in5 serting ‘‘To the extent that such amount is not adequate

6 for removal of a discharge or the mitigation or prevention

7 of a substantial threat of a discharge, the Coast Guard may

8 obtain an advance from the Fund such sums as may be

9 necessary, up to a maximum of $100,000,000, and within

10 30 days shall notify Congress of the amount advanced and

11 the facts and circumstances necessitating the advance.

12 Amounts advanced shall be repaid to the Fund when, and

13 to the extent that removal costs are recovered by the Coast

14 Guard from responsible parties for the discharge or substan15 tial threat of discharge.’’.

16 SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIRE17 MENTS.

18 (a) INTERIM MERCHANT MARINERS’ DOCUMENTS.—

19 Section 7302 of title 46, United States Code, is amended—

20 (1) by striking ‘‘A’’ in subsection (f) and insert21 ing ‘‘Except as provided in subsection (g), a’’; and

22 (2) by adding at the end the following:

23 ‘‘(g)(1) The Secretary may, pending receipt and review

24 of information required under subsections (c) and (d), im25 mediately issue an interim merchant mariner’s document

26 valid for a period not to exceed 120 days, to—
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1 ‘‘(A) an individual to be employed as gaming

2 personnel, entertainment personnel, wait staff, or

3 other service personnel on board a passenger vessel

4 not engaged in foreign service, with no duties, includ5 ing emergency duties, related to the navigation of the

6 vessel or the safety of the vessel, its crew, cargo or

7 passengers; or

8 ‘‘(B) an individual seeking renewal of, or quali9 fying for a supplemental endorsement to, a valid mer10 chant mariner’s document issued under this section.

11 ‘‘(2) No more than one interim document may be

12 issued to an individual under paragraph (1)(A) of this sub13 section.’’.

14 (b) EXCEPTION.—Section 8701(a) of title 46, United

15 States Code, is amended—

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

17 paragraph (8);

18 (2) by redesignating paragraph (9) as para19 graph (10); and

20 (3) by inserting after paragraph (8) the fol21 lowing:

22 ‘‘(9) a passenger vessel not engaged in a foreign

23 voyage with respect to individuals on board employed

24 for a period of not more than 30 service days within

25 a 12 month period as entertainment personnel, with
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1 no duties, including emergency duties, related to the

2 navigation of the vessel or the safety of the vessel, its

3 crew, cargo or passengers; and’’.

4 SEC. 325. PENALTIES FOR NEGLIGENT OPERATIONS AND

5 INTERFERING WITH SAFE OPERATION.

6 Section 2302(a) of title 46, United States Code, is

7 amended by striking ‘‘$1,000.’’ and inserting ‘‘$5,000 in

8 the case of a recreational vessel, or $25,000 in the case of

9 any other vessel.’’.

10 Subtitle C—Renewal of Advisory

11 Groups

12 SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVI13 SORY COMMITTEE.

14 (a) COMMERCIAL FISHING INDUSTRY VESSEL ADVI15 SORY COMMITTEE.—Section 4508 of title 46, United States

16 Code, is amended—

17 (1) by inserting ‘‘Safety’’ in the heading after

18 ‘‘Vessel’’;

19 (2) by inserting ‘‘Safety’’ in subsection (a) after

20 ‘‘Vessel’’;

21 (3) by striking ‘‘(5 App. U.S.C. 1 et seq.)’’ in

22 subsection (e)(1)(I) and inserting ‘‘(5 App. U.S.C.)’’;

23 and

24 (4) by striking ‘‘of September 30, 2000’’ and in25 serting ‘‘on September 30, 2005’’.
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1 (b) CONFORMING AMENDMENT.—The chapter analysis

2 for chapter 45 of title 46, United States Code, is amended

3 by striking the item relating to section 4508 and inserting

4 the following:

‘‘4508. Commercial Fishing Industry Vessel Safety Advisory Committee.’’.

5 SEC. 332. HOUSTON-GALVESTON NAVIGATION SAFETY ADVI6 SORY COMMITTEE.

7 Section 18(h) of the Coast Guard Authorization Act

8 of 1991 (Public Law 102–241) is amended by striking

9 ‘‘September 30, 2000.’’ and inserting ‘‘September 30,

10 2005.’’.

11 SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY

12 COMMITTEE.

13 Section 19 of the Coast Guard Authorization Act of

14 1991 (Public Law 102–241) is amended by striking ‘‘Sep15 tember 30, 2000’’ in subsection (g) and inserting ‘‘Sep16 tember 30, 2005’’.

17 SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.

18 Section 5 of the Inland Navigational Rules Act of 1980

19 (33 U.S.C. 2073) is amended by striking ‘‘September 30,

20 2000’’ in subsection (d) and inserting ‘‘September 30,

21 2005’’.

22 SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

23 Section 13110 of title 46, United States Code, is

24 amended by striking ‘‘September 30, 2000’’ in subsection

25 (e) and inserting ‘‘September 30, 2005’’.
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1 SEC. 336. TOWING SAFETY ADVISORY COMMITTEE.

2 The Act entitled ‘‘An Act to Establish a Towing Safety

3 Advisory Committee in the Department of Transportation’’

4 (33 U.S.C. 1231a) is amended by striking ‘‘September 30,

5 2000.’’ in subsection (e) and inserting ‘‘September 30,

6 2005.’’.

7 Subtitle D—Miscellaneous

8 SEC. 341. PATROL CRAFT.

9 Notwithstanding any other provision of law, the Sec10 retary of Transportation may accept, by direct transfer

11 without cost, for use by the Coast Guard primarily for ex12 panded drug interdiction activities required to meet na13 tional supply reduction performance goals, up to 7 PC–170

14 patrol craft from the Department of Defense if it offers to

15 transfer such craft.

16 SEC. 342. BOATING SAFETY.

17 (a) FEDERAL FUNDING.—Section 4(b)(3) of the Act of

18 August 9, 1950 (16 U.S.C. 777c(b)(3)) is amended by strik19 ing ‘‘$82,000,000’’ and inserting ‘‘$83,000,000’’.

20 (b) STATE FUNDING.—Section 13102(a)(3) of title 46,

21 United States Code, is amended by striking ‘‘general State

22 revenue’’ and inserting ‘‘State funds, including amounts ex23 pended for the State’s recreational boating safety program

24 by a State agency, a public corporation established under

25 State law, or any other State instrumentality, as deter26 mined by the Secretary’’.
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1 SEC. 343. CARIBBEAN SUPPORT TENDER.

2 (a) IN GENERAL.—The Coast Guard may operate and

3 maintain a Caribbean Support Tender (or similar type ves4 sel) to provide technical assistance, including law enforce5 ment training, for foreign coast guards, navies, and other

6 maritime services.

7 (b) MEDICAL AND DENTAL CARE FOR CARIBBEAN

8 SUPPORT TENDER PERSONNEL AND DEPENDENTS.—

9 (1) PROVISION.—The Commandant may provide

10 medical and dental care to foreign military Carib11 bean Support Tender personnel and their dependents

12 accompanying them in the United States—

13 (A) on an outpatient basis without cost;

14 and

15 (B) on an inpatient basis if the United

16 States is reimbursed for the costs of providing

17 such care.

18 (2) CREDITING OF PAYMENTS.—Payments re19 ceived as reimbursement for the provision of such care

20 shall be credited to the appropriations against which

21 the charges were made for the provision of such care.

22 (3) INPATIENT CARE WITHOUT COST.—Notwith23 standing paragraph (1)(B), the Commandant may

24 provide inpatient medical and dental care in the

25 United States without cost to foreign military Carib26 bean Support Tender personnel and their dependents
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1 accompanying them in the United States if com2 parable care is made available to a comparable num3 ber of United States military personnel in that for4 eign country.

5 SEC. 344. PROHIBITION OF NEW MARITIME USER FEES.

6 Section 2110(k) of title 46, United States Code, is

7 amended by striking ‘‘2001’’ and inserting ‘‘2006’’.

8 SEC. 345. GREAT LAKES LIGHTHOUSES.

9 (a) FINDINGS.—The Congress finds the following:

10 (1) The Great Lakes are home to more than 400

11 lighthouses. 120 of these maritime landmarks are in

12 the State of Michigan.

13 (2) Lighthouses are an important part of Great

14 Lakes culture and stand as a testament to the impor15 tance of shipping in the region’s political, economic,

16 and social history.

17 (3) Advances in navigation technology have

18 made many Great Lakes lighthouses obsolete. In

19 Michigan alone, approximately 70 lighthouses will be

20 designated as excess property of the Federal Govern21 ment and will be transferred to the General Services

22 Administration for disposal.

23 (4) Unfortunately, the Federal property disposal

24 process is confusing, complicated, and not well-suited

25 to disposal of historic lighthouses or to facilitate
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1 transfers to nonprofit organizations. This is especially

2 troubling because, in many cases, local nonprofit his3 torical organizations have dedicated tremendous re4 sources to preserving and maintaining Great Lakes

5 lighthouses.

6 (5) If Great Lakes lighthouses disappear, the

7 public will be unaware of an important chapter in

8 Great Lakes history.

9 (6) The National Trust for Historic Preservation

10 has placed Michigan lighthouses on their list of Most

11 Endangered Historic Places.

12 (b) ASSISTANCE FOR GREAT LAKES LIGHTHOUSE

13 PRESERVATION EFFORTS.—The Secretary of Transpor14 tation, acting through the Coast Guard, shall—

15 (1) continue to offer advice and technical assist16 ance to organizations in the Great Lakes region that

17 are dedicated to lighthouse stewardship; and

18 (2) promptly release information regarding the

19 timing of designations of Coast Guard lighthouses on

20 the Great Lakes as excess to the needs of the Coast

21 Guard, to enable those organizations to mobilize and

22 be prepared to take appropriate action with respect to

23 the disposal of those properties.
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1 SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND

2 RESPONSE SYSTEM.

3 (a) REPORT.—The Secretary of Transportation shall

4 prepare a status report on the modernization of the Na5 tional Distress and Response System and transmit the re6 port, not later than 60 days after the date of enactment

7 of this Act, and annually thereafter until completion of the

8 project, to the Committee on Commerce, Science, and

9 Transportation of the Senate and the Committee on Trans10 portation and Infrastructure of the House of Representa11 tives.

12 (b) CONTENTS.—The report required by subsection (a)

13 shall—

14 (1) set forth the scope of the modernization, the

15 schedule for completion of the System, and informa16 tion on progress in meeting the schedule and on any

17 anticipated delays;

18 (2) specify the funding expended to-date on the

19 System, the funding required to complete the System,

20 and the purposes for which the funds were or will be

21 expended;

22 (3) describe and map the existing public and

23 private communications coverage throughout the wa24 ters of the coastal and internal regions of the conti25 nental United States, Alaska, Hawaii, Guam, and the

26 Caribbean, and identify locations that possess direc-
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1 tion-finding, asset-tracking communications, and dig2 ital selective calling service;

3 (4) identify areas of high risk to boaters and

4 Coast Guard personnel due to communications gaps;

5 (5) specify steps taken by the Secretary to fill ex6 isting gaps in coverage, including obtaining direc7 tion-finding equipment, digital recording systems,

8 asset-tracking communications, use of commercial

9 VHF services, and digital selective calling services

10 that meet or exceed Global Maritime Distress and

11 Safety System requirements adopted under the Inter12 national Convention for the Safety of Life at Sea;

13 (6) identify the number of VHF–FM radios

14 equipped with digital selective calling sold to United

15 States boaters;

16 (7) list all reported marine accidents, casualties,

17 and fatalities occurring in areas with existing com18 munications gaps or failures, including incidents as19 sociated with gaps in VHF–FM coverage or digital se20 lected calling capabilities and failures associated with

21 inadequate communications equipment aboard the in22 volved vessels during calendar years 1997 forward;

23 (8) identify existing systems available to close

24 identified marine safety gaps before January 1, 2003,

25 including expeditious receipt and response by appro-
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1 priate Coast Guard operations centers to VHF–FM

2 digital selective calling distress signal; and

3 (9) identify actions taken to-date to implement

4 the recommendations of the National Transportation

5 Safety Board in its Report No. MAR–99–01.

6 SEC. 347. CONVEYANCE OF COAST GUARD PROPERTY IN

7 PORTLAND, MAINE.

8 (a) AUTHORITY TO CONVEY.—

9 (1) IN GENERAL.—The Secretary of Transpor10 tation, or a designee of the Secretary, may convey to

11 the Gulf of Maine Aquarium Development Corpora12 tion, its successors and assigns, without payment for

13 consideration, all right, title, and interest of the

14 United States in and to approximately 4.13 acres of

15 land, including a pier and bulkhead, known as the

16 Naval Reserve Pier property, together with any im17 provements thereon in their then current condition,

18 located in Portland, Maine. All conditions placed

19 with the deed of title shall be construed as covenants

20 running with the land.

21 (2) IDENTIFICATION OF PROPERTY.—The Sec22 retary, in consultation with the Commandant of the

23 Coast Guard, may identify, describe, and determine

24 the property to be conveyed under this section. The

25 floating docks associated with or attached to the
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1 Naval Reserve Pier property shall remain the per2 sonal property of the United States.

3 (b) LEASE TO THE UNITED STATES.—

4 (1) CONDITION OF CONVEYANCE.—The Naval Re5 serve Pier property shall not be conveyed until the

6 Corporation enters into a lease agreement with the

7 United States, the terms of which are mutually satis8 factory to the Commandant and the Corporation, in

9 which the Corporation shall lease a portion of the

10 Naval Reserve Pier property to the United States for

11 a term of 30 years without payment of consideration.

12 The lease agreement shall be executed within 12

13 months after the date of enactment of this Act.

14 (2) IDENTIFICATION OF LEASED PREMISES.—The

15 Secretary, in consultation with the Commandant,

16 may identify and describe the leased premises and

17 rights of access, including the following, in order to

18 allow the Coast Guard to operate and perform mis19 sions from and upon the leased premises:

20 (A) The right of ingress and egress over the

21 Naval Reserve Pier property, including the pier

22 and bulkhead, at any time, without notice, for

23 purposes of access to Coast Guard vessels and

24 performance of Coast Guard missions and other

25 mission-related activities.
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1 (B) The right to berth Coast Guard cutters

2 or other vessels as required, in the moorings

3 along the east side of the Naval Reserve Pier

4 property, and the right to attach floating docks

5 which shall be owned and maintained at the

6 United States’ sole cost and expense.

7 (C) The right to operate, maintain, remove,

8 relocate, or replace an aid to navigation located

9 upon, or to install any aid to navigation upon,

10 the Naval Reserve Pier property as the Coast

11 Guard, in its sole discretion, may determine is

12 needed for navigational purposes.

13 (D) The right to occupy up to 3,000 gross

14 square feet at the Naval Reserve Pier property

15 for storage and office space, which will be pro16 vided and constructed by the Corporation, at the

17 Corporation’s sole cost and expense, and which

18 will be maintained, and utilities and other oper19 ating expenses paid for, by the United States at

20 its sole cost and expense.

21 (E) The right to occupy up to 1,200 gross

22 square feet of offsite storage in a location other

23 than the Naval Reserve Pier property, which will

24 be provided by the Corporation at the Corpora25 tion’s sole cost and expense, and which will be
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1 maintained, and utilities and other operating

2 expenses paid for, by the United States at its sole

3 cost and expense.

4 (F) The right for Coast Guard personnel to

5 park up to 60 vehicles, at no expense to the gov6 ernment, in the Corporation’s parking spaces on

7 the Naval Reserve Pier property or in parking

8 spaces that the Corporation may secure within

9 1,000 feet of the Naval Reserve Pier property or

10 within 1,000 feet of the Coast Guard Marine

11 Safety Office Portland. Spaces for no less than

12 30 vehicles shall be located on the Naval Reserve

13 Pier property.

14 (3) RENEWAL.—The lease described in para15 graph (1) may be renewed, at the sole option of the

16 United States, for additional lease terms.

17 (4) LIMITATION ON SUBLEASES.—The United

18 States may not sublease the leased premises to a third

19 party or use the leased premises for purposes other

20 than fulfilling the missions of the Coast Guard and

21 for other mission related activities.

22 (5) TERMINATION.—In the event that the Coast

23 Guard ceases to use the leased premises, the Secretary,

24 in consultation with the Commandant, may termi25 nate the lease with the Corporation.
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1 (c) IMPROVEMENT OF LEASED PREMISES.—

2 (1) IN GENERAL.—The Naval Reserve Pier prop3 erty shall not be conveyed until the Corporation en4 ters into an agreement with the United States, subject

5 to the Commandant’s design specifications, project’s

6 schedule, and final project approval, to replace the

7 bulkhead and pier which connects to, and provides ac8 cess from, the bulkhead to the floating docks, at the

9 Corporation’s sole cost and expense, on the east side

10 of the Naval Reserve Pier property within 30 months

11 from the date of conveyance. The agreement to im12 prove the leased premises shall be executed within 12

13 months after the date of enactment of this Act.

14 (2) FURTHER IMPROVEMENTS.—In addition to

15 the improvements described in paragraph (1), the

16 Commandant may to further improve the leased

17 premises during the lease term, at the United States

18 sole cost and expense.

19 (d) UTILITY INSTALLATION AND MAINTENANCE OBLI20 GATIONS.—

21 (1) UTILITIES.—The Naval Reserve Pier prop22 erty shall not be conveyed until the Corporation en23 ters into an agreement with the United States to

24 allow the United States to operate and maintain ex25 isting utility lines and related equipment, at the
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1 United States sole cost and expense. At such time as

2 the Corporation constructs its proposed public aquar3 ium, the Corporation shall replace existing utility

4 lines and related equipment and provide additional

5 utility lines and equipment capable of supporting a

6 third 110-foot Coast Guard cutter, with comparable,

7 new, code compliant utility lines and equipment at

8 the Corporation’s sole cost and expense, maintain

9 such utility lines and related equipment from an

10 agreed upon demarcation point, and make such util11 ity lines and equipment available for use by the

12 United States, provided that the United States pays

13 for its use of utilities at its sole cost and expense. The

14 agreement concerning the operation and maintenance

15 of utility lines and equipment shall be executed with16 in 12 months after the date of enactment of this Act.

17 (2) MAINTENANCE.—The Naval Reserve Pier

18 property shall not be conveyed until the Corporation

19 enters into an agreement with the United States to

20 maintain, at the Corporation’s sole cost and expense,

21 the bulkhead and pier on the east side of the Naval

22 Reserve Pier property. The agreement concerning the

23 maintenance of the bulkhead and pier shall be exe24 cuted within 12 months after the date of enactment

25 of this Act.
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1 (3) AIDS TO NAVIGATION.—The United States

2 shall be required to maintain, at its sole cost and ex3 pense, any Coast Guard active aid to navigation lo4 cated upon the Naval Reserve Pier property.

5 (e) ADDITIONAL RIGHTS.—The conveyance of the

6 Naval Reserve Pier property shall be made subject to condi7 tions the Secretary considers necessary to ensure that—

8 (1) the Corporation shall not interfere or allow

9 interference, in any manner, with use of the leased

10 premises by the United States; and

11 (2) the Corporation shall not interfere or allow

12 interference, in any manner, with any aid to naviga13 tion nor hinder activities required for the operation

14 and maintenance of any aid to navigation, without

15 the express written permission of the head of the agen16 cy responsible for operating and maintaining the aid

17 to navigation.

18 (f) REMEDIES AND REVERSIONARY INTEREST.—The

19 Naval Reserve Pier property, at the option of the Secretary,

20 shall revert to the United States and be placed under the

21 administrative control of the Secretary, if, and only if, the

22 Corporation fails to abide by any of the terms of this section

23 or any agreement entered into under subsection (b), (c), or

24 (d) of this section.
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1 (g) LIABILITY OF THE PARTIES.—The liability of the

2 United States and the Corporation for any injury, death,

3 or damage to or loss of property occurring on the leased

4 property shall be determined with reference to existing State

5 or Federal law, as appropriate, and any such liability may

6 not be modified or enlarged by this title or any agreement

7 of the parties.

8 (h) EXPIRATION OF AUTHORITY TO CONVEY.—The au9 thority to convey the Naval Reserve property under this sec10 tion shall expire 3 years after the date of enactment of this

11 Act.

12 (i) DEFINITIONS.—In this section:

13 (1) AID TO NAVIGATION.—The term ‘‘aid to navi14 gation’’ means equipment used for navigational pur15 poses, including but not limited to, a light, antenna,

16 sound signal, electronic navigation equipment, cam17 eras, sensors power source, or other related equipment

18 which are operated or maintained by the United

19 States.

20 (2) CORPORATION.—The term ‘‘Corporation’’

21 means the Gulf of Maine Aquarium Development Cor22 poration, its successors and assigns.

23 SEC. 348. HARBOR SAFETY COMMITTEES.

24 (a) STUDY.—The Coast Guard shall study existing

25 harbor safety committees in the United States to identify—
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1 (1) strategies for gaining successful cooperation

2 among the various groups having an interest in the

3 local port or waterway;

4 (2) organizational models that can be applied to

5 new or existing harbor safety committees or to proto6 type harbor safety committees established under sub7 section (b);

8 (3) technological assistance that will help harbor

9 safety committees overcome local impediments to safe10 ty, mobility, environmental protection, and port secu11 rity; and

12 (4) recurring resources necessary to ensure the

13 success of harbor safety committees.

14 (b) PROTOTYPE COMMITTEES.—The Coast Guard shall

15 test the feasibility of expanding the harbor safety committee

16 concept to small and medium-sized ports that are not gen17 erally served by a harbor safety committee by establishing

18 1 or more prototype harbor safety committees. In selecting

19 a location or locations for the establishment of a prototype

20 harbor safety committee, the Coast Guard shall—

21 (1) consider the results of the study conducted

22 under subsection (a);

23 (2) consider identified safety issues for a par24 ticular port;
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1 (3) compare the potential benefits of establishing

2 such a committee with the burdens the establishment

3 of such a committee would impose on participating

4 agencies and organizations;

5 (4) consider the anticipated level of support from

6 interested parties; and

7 (5) take into account such other factors as may

8 be appropriate.

9 (c) EFFECT ON EXISTING PROGRAMS AND STATE

10 LAW.—Nothing in this section—

11 (1) limits the scope or activities of harbor safety

12 committees in existence on the date of enactment of

13 this Act;

14 (2) precludes the establishment of new harbor

15 safety committees in locations not selected for the es16 tablishment of a prototype committee under sub17 section (b); or

18 (3) preempts State law.

19 (d) NONAPPLICATION OF FACA.—The Federal Advi20 sory Committee Act (5 App. U.S.C.) does not apply to har21 bor safety committees established under this section or any

22 other provision of law.

23 (e) HARBOR SAFETY COMMITTEE DEFINED.—In this

24 section, the term ‘‘harbor safety committee’’ means a local

25 coordinating body—
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1 (1) whose responsibilities include recommending

2 actions to improve the safety of a port or waterway;

3 and

4 (2) the membership of which includes representa5 tives of government agencies, maritime labor, mari6 time industry companies and organizations, environ7 mental groups, and public interest groups.

8 SEC. 349. MISCELLANEOUS CONVEYANCES.

9 (a) AUTHORITY TO CONVEY.—

10 (1) IN GENERAL.—The Secretary of Transpor11 tation may convey, by an appropriate means of con12 veyance, all right, title, and interest of the United

13 States in and to each of the following properties:

14 (A) Coast Guard Slip Point Light Station,

15 located in Clallam County, Washington, to

16 Clallam County, Washington.

17 (B) The parcel of land on which is situated

18 the Point Pin ̃os Light, located in Monterey

19 County, California, to the city of Pacific Grove,

20 California.

21 (2) IDENTIFICATION OF PROPERTY.—The Sec22 retary may identify, describe, and determine the

23 property to be conveyed under this subsection.

24 (3) LIMITATION.—The Secretary may not under

25 this section convey—
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1 (A) any historical artifact, including any

2 lens or lantern, located on the property at or be3 fore the time of the conveyance; or

4 (B) any interest in submerged land.

5 (b) GENERAL TERMS AND CONDITIONS.—

6 (1) IN GENERAL.—Each conveyance of property

7 under this section shall be made—

8 (A) without payment of consideration; and

9 (B) subject to the terms and conditions re10 quired by this section and other terms and con11 ditions the Secretary may consider appropriate,

12 including the reservation of easements and other

13 rights on behalf of the United States.

14 (2) REVERSIONARY INTEREST.—In addition to

15 any term or condition established under this section,

16 each conveyance of property under this section shall

17 be subject to the condition that all right, title, and in18 terest in the property shall immediately revert to the

19 United States, if—

20 (A) the property, or any part of the

21 property—

22 (i) ceases to be available and accessible

23 to the public, on a reasonable basis, for edu24 cational, park, recreational, cultural, his25 toric preservation, or other similar purposes
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1 specified for the property in the terms of

2 conveyance;

3 (ii) ceases to be maintained in a man4 ner that is consistent with its present or fu5 ture use as a site for Coast Guard aids to

6 navigation or compliance with this title; or

7 (iii) ceases to be maintained in a man8 ner consistent with the conditions in para9 graph (4) established by the Secretary pur10 suant to the National Historic Preservation

11 Act (16 U.S.C. 470 et seq.); or

12 (B) at least 30 days before that reversion,

13 the Secretary provides written notice to the

14 owner that the property is needed for national

15 security purposes.

16 (3) MAINTENANCE OF NAVIGATION FUNCTIONS.—

17 Each conveyance of property under this section shall

18 be made subject to the conditions that the Secretary

19 considers to be necessary to assure that—

20 (A) the lights, antennas, and associated

21 equipment located on the property conveyed,

22 which are active aids to navigation, shall con23 tinue to be operated and maintained by the

24 United States for as long as they are needed for

25 this purpose;
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1 (B) the owner of the property may not

2 interfere or allow interference in any manner

3 with aids to navigation without express written

4 permission from the Commandant;

5 (C) there is reserved to the United States

6 the right to relocate, replace, or add any aid to

7 navigation or make any changes to the property

8 conveyed as may be necessary for navigational

9 purposes;

10 (D) the United States shall have the right,

11 at any time, to enter the property without notice

12 for the purpose of operating, maintaining and

13 inspecting aids to navigation, and for the pur14 pose of enforcing compliance with this sub15 section; and

16 (E) the United States shall have an ease17 ment of access to and across the property for the

18 purpose of maintaining the aids to navigation in

19 use on the property.

20 (4) MAINTENANCE OF PROPERTY.—(A) Subject to

21 subparagraph (B), the owner of a property conveyed

22 under this section shall maintain the property in a

23 proper, substantial, and workmanlike manner, and in

24 accordance with any conditions established by the

25 conveying authority pursuant to the National His-
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1 toric Preservation Act (16 U.S.C. 470 et seq.), and

2 other applicable laws.

3 (B) The owner of a property conveyed under this

4 section is not required to maintain any active aid to

5 navigation equipment on the property, except private

6 aids to navigation permitted under section 83 of title

7 14, United States Code.

8 (c) SPECIAL TERMS AND CONDITIONS.—The Secretary

9 may retain all right, title, and interest of the United States

10 in and to any portion of any parcel referred to in subsection

11 (a)(1)(B) that the Secretary considers appropriate.

12 (d) DEFINITIONS.—In this section:

13 (1) AIDS TO NAVIGATION.—The term ‘‘aids to

14 navigation’’ means equipment used for navigation

15 purposes, including a light, antenna, radio, sound

16 signal, electronic navigation equipment, or other asso17 ciated equipment which are operated or maintained

18 by the United States.

19 (2) COMMANDANT.—The term ‘‘Commandant’’

20 means the Commandant of the Coast Guard.

21 (3) OWNER.—The term ‘‘owner’’ means, for a

22 property conveyed under this section, the person iden23 tified in subsection (a)(1) of the property, and in24 cludes any successor or assign of that person.
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Transportation.

3 TITLE IV—OMNIBUS MARITIME

4 IMPROVEMENTS

5 SEC. 401. SHORT TITLE.

6 This title may be cited as the ‘‘Omnibus Maritime and

7 Coast Guard Improvements Act of 2002’’.

8 SEC. 402. EXTENSION OF COAST GUARD HOUSING AUTHORI9 TIES.

10 (a) HOUSING CONTRACTORS.—Section 681(a) of title

11 14, United States Code, is amended by inserting ‘‘, includ12 ing a small business concern qualified under section 8(a)

13 of the Small Business Act (15 U.S.C. 637(a)),’’ after ‘‘pri14 vate persons’’.

15 (b) BUDGET AUTHORITY LIMITATION.—Section 687(f)

16 of title 14, United States Code, is amended by striking

17 ‘‘$20,000,000’’ and inserting ‘‘$40,000,000’’.

18 (c) DEMONSTRATION PROJECT.—Section 687 of title

19 14, United States Code, is amended by adding at the end

20 the following new subsection:

21 ‘‘(g) DEMONSTRATION PROJECT AUTHORIZED.—To

22 promote efficiencies through the use of alternative proce23 dures for expediting new housing projects, the Secretary—

24 ‘‘(1) may develop and implement a Demonstra25 tion Project for acquisition or construction of mili-
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1 tary family housing and military unaccompanied

2 housing at the Coast Guard installation at Kodiak,

3 Alaska;

4 ‘‘(2) in implementing the Demonstration Project

5 shall utilize, to the maximum extent possible, the con6 tracting authority of the Small Business Administra7 tion’s section 8(a) program;

8 ‘‘(3) shall, to the maximum extent possible, ac9 quire or construct such housing through contracts

10 with small business concerns qualified under section

11 8(a) of the Small Business Act (15 U.S.C. 637(a))

12 that have their principal place of business in the

13 State of Alaska; and

14 ‘‘(4) shall report to Congress by September 1 of

15 each year on the progress of activities under the Dem16 onstration Project.’’.

17 (d) EXTENSION.—Section 689 of title 14, United

18 States Code, is amended by striking ‘‘2001’’ and inserting

19 ‘‘2006’’.

20 SEC. 403. INVENTORY OF VESSELS FOR CABLE LAYING,

21 MAINTENANCE, AND REPAIR.

22 (a) INVENTORY.—The Secretary of Transportation

23 shall develop, maintain, and periodically update an inven24 tory of vessels that are documented under chapter 121 of

25 title 46, United States Code, are 200 feet or more in length,
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1 and have the capability to lay, maintain, or repair a sub2 marine cable, without regard to whether a particular vessel

3 is classified as a cable ship or cable vessel.

4 (b) VESSEL INFORMATION.—For each vessel listed in

5 the inventory, the Secretary shall include in the

6 inventory—

7 (1) the name, length, beam, depth, and other dis8 tinguishing characteristics of the vessel;

9 (2) the abilities and limitations of the vessel with

10 respect to the laying, maintaining, and repairing of

11 a submarine cable; and

12 (3) the name and address of the person to whom

13 inquiries regarding the vessel may be made.

14 (c) PUBLICATION.—The Secretary shall—

15 (1) not later than 60 days after the date of en16 actment of this Act, publish in the Federal Register

17 a current inventory developed under subsection (a);

18 and

19 (2) every six months thereafter, publish an up20 dated inventory.

21 SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING AS22 SISTANCE.

23 (a) IN GENERAL.—Except in the case of a vessel in

24 distress, only a vessel of the United States (as that term

25 is defined in section 2101 of title 46, United States Code)
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1 may perform the following vessel escort operations and ves2 sel towing assistance within the navigable waters of the

3 United States:

4 (1) Operation or assistance that commences or

5 terminates at a port or place in the United States.

6 (2) Operation or assistance required by United

7 States law or regulation.

8 (3) Operation provided in whole or in part for

9 the purpose of escorting or assisting a vessel within

10 or through navigation facilities owned, maintained,

11 or operated by the United States Government or the

12 approaches to such facilities, other than facilities op13 erated by the St. Lawrence Seaway Development Cor14 poration on the St. Lawrence River portion of the

15 Seaway.

16 (b) DEFINITIONS.—In this section—

17 (1) the term ‘‘towing assistance’’ means oper18 ation by an assisting vessel in direct contact with an

19 assisted vessel (including hull-to-hull, by towline, in20 cluding if only pretethered, or made fast to that vessel

21 by one or more lines) for purposes of exerting force on

22 the assisted vessel to control, or to assist in control23 ling, the movement of the assisted vessel; and
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1 (2) the term ‘‘escort operations’’ means accom2 panying a vessel for the purpose of providing towing

3 or towing assistance to the vessel.

4 (c) PENALTY.—A person violating this section is liable

5 to the United States Government for a civil penalty of not

6 more than $10,000 for each day during which the violation

7 occurs.

8 SEC. 405. SEARCH AND RESCUE CENTER STANDARDS.

9 (a) IN GENERAL.—Title 14, United States Code, is

10 amended by adding at the end of chapter 17 the following

11 new section:

12 ‘‘§ 676. Search and rescue center standards

13 ‘‘(a) The Secretary shall establish, implement, and

14 maintain the minimum standards necessary for the safe op15 eration of all Coast Guard search and rescue center facili16 ties, including with respect to the following:

17 ‘‘(1) The lighting, acoustics, and temperature in

18 the facilities.

19 ‘‘(2) The number of individuals on a shift in the

20 facility assigned search and rescue responsibilities

21 (including communications), which may be adjusted

22 based on seasonal workload.

23 ‘‘(3) The length of time an individual may serve

24 on watch to minimize fatigue, based on the best sci25 entific information available.
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1 ‘‘(4) The scheduling of individuals having search

2 and rescue responsibilities to minimize fatigue of the

3 individual when on duty in the facility.

4 ‘‘(5) The workload of each individual engaged in

5 search and rescue responsibilities in the facility.

6 ‘‘(6) Stress management for the individuals as7 signed search and rescue responsibilities in the facili8 ties.

9 ‘‘(7) The design of equipment and facilities to

10 minimize fatigue and enhance search and rescue oper11 ations.

12 ‘‘(8) Any other requirements that the Secretary

13 believes will increase the safe operation of the search

14 and rescue centers.

15 ‘‘(b) An individual on duty or watch in a Coast Guard

16 search and rescue center facility, including a communica17 tions center, may not work more than 12 hours in a 24-

18 hour period except in an emergency.’’.

19 (b) APPLICATION.—Section 676(b) of title 14, United

20 States Code (as enacted by subsection (a) of this section)

21 shall apply beginning on July 1, 2002.

22 (c) PRESCRIPTION OF STANDARDS.—The Secretary

23 shall prescribe the standards required under section 676(a)

24 of title 14, United States Code, as enacted by subsection

25 (a) of this section, before July 1, 2002.
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1 (d) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 17 of title 14, United States Code,

3 is amended by adding at the end the following:

‘‘676. Search and rescue center standards.’’.

4 SEC. 406. VHF COMMUNICATIONS SERVICES.

5 The Secretary of Transportation may authorize a per6 son providing commercial VHF communications services to

7 place commercial VHF communications equipment on real

8 property under the administrative control of the Coast

9 Guard (including towers) subject to any terms agreed to

10 by the parties. The Secretary and that commercial VHF

11 communications service provider also may enter into an

12 agreement providing for VHF communications services to

13 the Coast Guard (including digital selective calling and

14 radio direction finding services) at a discounted rate or

15 price based on providing such access to real property under

16 the administrative control of the Coast Guard. Nothing in

17 the section shall affect the rights or obligations of the United

18 States under section 704(c) of the Telecommunications Act

19 of 1996 (47 U.S.C. 332 note) with respect to the availability

20 of property, or under section 359(d) of the Communications

21 Act of 1934 (47 U.S.C. 357(d)) with respect to charges for

22 transmission of distress messages.
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1 SEC. 407. LOWER COLUMBIA RIVER MARITIME FIRE AND

2 SAFETY ACTIVITIES.

3 There is authorized to be appropriated to the Secretary

4 of Transportation not more than $987,400 for lower Colum5 bia River marine, fire, oil, and toxic spill response commu6 nications, training, equipment, and program administra7 tion activities conducted by the Maritime Fire and Safety

8 Association, to remain available until expended.

9 SEC. 408. CONFORMING REFERENCES TO THE FORMER

10 MERCHANT MARINE AND FISHERIES COM11 MITTEE.

12 (a) LAWS CODIFIED IN TITLE 14, UNITED STATES

13 CODE.—(1) Section 194(b)(2) of title 14, United States

14 Code, is amended by striking ‘‘Merchant Marine and Fish15 eries’’ and inserting ‘‘Transportation and Infrastructure’’.

16 (2) Section 663 of title 14, United States Code, is

17 amended by striking ‘‘Merchant Marine and Fisheries’’ and

18 inserting ‘‘Transportation and Infrastructure’’.

19 (3) Section 664 of title 14, United States Code, is

20 amended by striking ‘‘Merchant Marine and Fisheries’’ and

21 inserting ‘‘Transportation and Infrastructure’’.

22 (b) LAWS CODIFIED IN TITLE 33, UNITED STATES

23 CODE.—(1) Section 3(d)(3) of the International Naviga24 tional Rules Act of 1977 (33 U.S.C. 1602(d)(3)) is amended

25 by striking ‘‘Merchant Marine and Fisheries’’ and inserting

26 ‘‘Transportation and Infrastructure’’.
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1 (2) Section 5004(2) of the Oil Pollution Act of 1990

2 (33 U.S.C. 2734(2)) is amended by striking ‘‘Merchant Ma3 rine and Fisheries’’ and inserting ‘‘Transportation and In4 frastructure’’.

5 (c) LAWS CODIFIED IN TITLE 46, UNITED STATES

6 CODE.—(1) Section 6307 of title 46, United States Code,

7 is amended by striking ‘‘Merchant Marine and Fisheries’’

8 and inserting ‘‘Transportation and Infrastructure’’.

9 (2) Section 901g(b)(3) of the Merchant Marine Act,

10 1936 (46 App. U.S.C. 1241k(b)(3)) is amended by striking

11 ‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Trans12 portation and Infrastructure’’.

13 (3) Section 913(b) of the International Maritime and

14 Port Security Act (46 App. U.S.C. 1809(b)) is amended by

15 striking ‘‘Merchant Marine and Fisheries’’ and inserting

16 ‘‘Transportation and Infrastructure’’.

17 SEC. 409. RESTRICTION ON VESSEL DOCUMENTATION.

18 Section 12108(a) of title 46, United States Code, is

19 amended by—

20 (1) amending paragraph (2) to read as follows:

21 ‘‘(2) was built in the United States;’’;

22 (2) striking ‘‘and’’ at the end of paragraph (3);

23 (3) inserting after paragraph (3) the following:
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1 ‘‘(4) was not forfeited to the United States Gov2 ernment after July 1, 2001, for a breach of the laws

3 of the United States; and’’; and

4 (4) redesignating paragraph (4) as paragraph

5 (5).

6 SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIRE7 MENT.

8 The Commandant of the Coast Guard shall ensure that

9 all Coast Guard personnel are equipped with adequate safe10 ty equipment, including hypothermia protective clothing

11 where appropriate, while performing search and rescue mis12 sions.

13 SEC. 411. RESERVE OFFICER PROMOTIONS.

14 (a) Section 729(i) of title 14, United States Code, is

15 amended by inserting ‘‘on the date a vacancy occurs, or

16 as soon thereafter as practicable, in the grade to which the

17 officer was selected for promotion, or if promotion was de18 termined in accordance with a running mate system,’’ after

19 ‘‘grade’’.

20 (b) Section 731(b) of title 14, United States Coast

21 Code, is amended by striking the period at the end of the

22 sentence and inserting ‘‘, or in the event that promotion

23 is not determined in accordance with a running mate sys24 tem, then a Reserve officer becomes eligible for consideration

25 for promotion to the next higher grade at the beginning of
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1 the promotion year in which he or she completes the fol2 lowing amount of service computed from the date of rank

3 in the grade in which he or she is serving:

4 ‘‘(1) two years in the grade of lieutenant (junior

5 grade);

6 ‘‘(2) three years in the grade of lieutenant;

7 ‘‘(3) four years in the grade of lieutenant com8 mander;

9 ‘‘(4) four years in the grade of commander; and

10 ‘‘(5) three years in the grade of captain.’’.

11 (c) Section 736(a) of title 14, United States Code, is

12 amended by inserting ‘‘the date of rank shall be the date

13 of appointment in that grade, unless the promotion was de14 termined in accordance with a running mate system, in

15 which event’’ after ‘‘subchapter,’’.

16 SEC. 412. REGULAR LIEUTENANT COMMANDERS AND COM17 MANDERS; CONTINUATION UPON FAILURE OF

18 SELECTION FOR PROMOTION.

19 Section 285 of title 14, United States Code, is

20 amended—

21 (1) by striking ‘‘Each officer’’ and inserting ‘‘(a)

22 Each officer’’; and

23 (2) by adding at the end the following new sub24 sections:
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1 ‘‘(b) A lieutenant commander or commander of the

2 Regular Coast Guard subject to discharge or retirement

3 under subsection (a) may be continued on active duty when

4 the Secretary directs a selection board convened under sec5 tion 251 of this title to continue up to a specified number

6 of lieutenant commanders or commanders on active duty.

7 When so directed, the selection board shall recommend those

8 officers who in the opinion of the board are best qualified

9 to advance the needs and efficiency of the Coast Guard.

10 When the recommendations of the board are approved by

11 the Secretary, the officers recommended for continuation

12 shall be notified that they have been recommended for con13 tinuation and offered an additional term of service that ful14 fills the needs of the Coast Guard.

15 ‘‘(c)(1) An officer who holds the grade of lieutenant

16 commander of the Regular Coast Guard may not be contin17 ued on active duty under subsection (b) for a period that

18 extends beyond 24 years of active commissioned service un19 less promoted to the grade of commander of the Regular

20 Coast Guard. An officer who holds the grade of commander

21 of the Regular Coast Guard may not be continued on active

22 duty under subsection (b) for a period that extends beyond

23 26 years of active commissioned service unless promoted to

24 the grade of captain of the Regular Coast Guard.
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1 ‘‘(2) Unless retired or discharged under another provi2 sion of law, each officer who is continued on active duty

3 under subsection (b) but is not subsequently promoted or

4 continued on active duty, and is not on a list of officers

5 recommended for continuation or for promotion to the next

6 higher grade, shall, if eligible for retirement under any pro7 vision of law, be retired under that law on the first day

8 of the first month following the month in which the period

9 of continued service is completed.’’.

10 SEC. 413. RESERVE STUDENT PRE-COMMISSIONING ASSIST11 ANCE PROGRAM.

12 (a) IN GENERAL.—Chapter 21 of title 14, United

13 States Code, is amended by inserting after section 709 the

14 following new section:

15 ‘‘§ 709a. Reserve student pre-commissioning assistance

16 program

17 ‘‘(a) The Secretary may provide financial assistance

18 to an eligible enlisted member of the Coast Guard Reserve,

19 not on active duty, for expenses of the member while the

20 member is pursuing on a full-time basis at an institution

21 of higher education a program of education approved by

22 the Secretary that leads to—

23 ‘‘(1) a baccalaureate degree in not more than five

24 academic years; or

25 ‘‘(2) a post-baccalaureate degree.
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1 ‘‘(b)(1) To be eligible for financial assistance under

2 this section, an enlisted member of the Coast Guard Reserve

3 must—

4 ‘‘(A) be enrolled on a full-time basis in a pro5 gram of education referred to in subsection (a) at any

6 institution of higher education; and

7 ‘‘(B) enter into a written agreement with the

8 Coast Guard described in paragraph (2).

9 ‘‘(2) A written agreement referred to in paragraph

10 (1)(B) is an agreement between the member and the Sec11 retary in which the member agrees—

12 ‘‘(A) to accept an appointment as a commis13 sioned officer in the Coast Guard Reserve, if tendered;

14 ‘‘(B) to serve on active duty for up to five years;

15 and

16 ‘‘(C) under such terms and conditions as shall be

17 prescribed by the Secretary, to serve in the Coast

18 Guard Reserve until the eighth anniversary of the

19 date of the appointment.

20 ‘‘(c) Expenses for which financial assistance may be

21 provided under this section are—

22 ‘‘(1) tuition and fees charged by the institution

23 of higher education involved;

24 ‘‘(2) the cost of books;
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1 ‘‘(3) in the case of a program of education lead2 ing to a baccalaureate degree, laboratory expenses;

3 and

4 ‘‘(4) such other expenses as deemed appropriate

5 by the Secretary.

6 ‘‘(d) The amount of financial assistance provided to

7 a member under this section shall be prescribed by the Sec8 retary, but may not exceed $25,000 for any academic year.

9 ‘‘(e) Financial assistance may be provided to a mem10 ber under this section for up to five consecutive academic

11 years.

12 ‘‘(f) A member who receives financial assistance under

13 this section may be ordered to active duty in the Coast

14 Guard Reserve by the Secretary to serve in a designated

15 enlisted grade for such period as the Secretary prescribes,

16 but not more than four years, if the member—

17 ‘‘(1) completes the academic requirements of the

18 program and refuses to accept an appointment as a

19 commissioned officer in the Coast Guard Reserve

20 when offered;

21 ‘‘(2) fails to complete the academic requirements

22 of the institution of higher education involved; or

23 ‘‘(3) fails to maintain eligibility for an original

24 appointment as a commissioned officer.
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1 ‘‘(g)(1) If a member requests to be released from the

2 program and the request is accepted by the Secretary, or

3 if the member fails because of misconduct to complete the

4 period of active duty specified, or if the member fails to

5 fulfill any term or condition of the written agreement re6 quired to be eligible for financial assistance under this sec7 tion, the financial assistance shall be terminated. The mem8 ber shall reimburse the United States in an amount that

9 bears the same ratio to the total cost of the education pro10 vided to such person as the unserved portion of active duty

11 bears to the total period of active duty such person agreed

12 to serve. The Secretary shall have the option to order such

13 reimbursement without first ordering the member to active

14 duty. An obligation to reimburse the United States imposed

15 under this paragraph is for all purposes a debt owed to

16 the United States.

17 ‘‘(2) The Secretary may waive the service obligated

18 under subsection (f) of a member who is not physically

19 qualified for appointment and who is determined to be un20 qualified for service as an enlisted member of the Coast

21 Guard Reserve due to a physical or medical condition that

22 was not the result of the member’s own misconduct or gross23 ly negligent conduct.

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

25 entered less than 5 years after the termination of a written
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1 agreement entered into under subsection (b) does not dis2 charge the individual signing the agreement from a debt

3 arising under such agreement or under paragraph (1).

4 ‘‘(h) As used in this section, ‘institution of higher edu5 cation’ has the meaning given that term in section 101 of

6 the Higher Education Act of 1965 (20 U.S.C. 1001).’’.

7 (b) CLERICAL AMENDMENT.—The analysis at the be8 ginning of chapter 21 of title 14, United States Code, is

9 amended by adding the following new item after the item

10 relating to section 709:

‘‘709a. Reserve student pre-commissioning assistance program.’’.

11 SEC. 414. CONTINUATION ON ACTIVE DUTY BEYOND THIRTY

12 YEARS.

13 Section 289 of title 14, United States Code, is amended

14 by adding at the end the following new subsection:

15 ‘‘(h) Notwithstanding subsection (g) and section 288

16 of this title, the Commandant may by annual action retain

17 on active duty from promotion year to promotion year any

18 officer who would otherwise be retired under subsection (g)

19 or section 288 of this title. An officer so retained, unless

20 retired under some other provision of law, shall be retired

21 on June 30 of that promotion year in which no action is

22 taken to further retain the officer under this subsection.’’.
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1 SEC. 415. PAYMENT OF DEATH GRATUITIES ON BEHALF OF

2 COAST GUARD AUXILIARISTS.

3 Section 823a(b) of title 14, United States Code, is

4 amended by inserting the following new paragraph fol5 lowing paragraph (8):

6 ‘‘(9) On or after January 1, 2001, Public Law

7 104–208, section 651.’’.

8 SEC. 416. ALIGN COAST GUARD SEVERANCE PAY AND REV9 OCATION OF COMMISSION AUTHORITY WITH

10 DEPARTMENT OF DEFENSE AUTHORITY.

11 (a) IN GENERAL.—Chapter 11 of title 14, United

12 States Code, is amended—

13 (1) in section 281—

14 (A) by striking ‘‘three’’ in the section

15 heading and inserting ‘‘five’’; and

16 (B) by striking ‘‘three’’ in the text and in17 serting ‘‘five’’;

18 (2) in section 283(b)(2)(A), by striking ‘‘sever19 ance’’ and inserting ‘‘separation’’;

20 (3) in section 286—

21 (A) by striking ‘‘severance’’ in the sec22 tion heading and inserting ‘‘separation’’; and

23 (B) by striking subsection (b) and inserting

24 the following:

25 ‘‘(b) An officer of the Regular Coast Guard who is dis26 charged under this section or section 282, 283, or 284 of
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1 this title who has completed 6 or more, but less than 20,

2 continuous years of active service immediately before that

3 discharge or release is entitled to separation pay computed

4 under subsection (d)(1) of section 1174 of title 10.

5 ‘‘(c) An officer of the Regular Coast Guard who is dis6 charged under section 327 of this title, who has completed

7 6 or more, but less than 20, continuous years of active serv8 ice immediately before that discharge or release is entitled

9 to separation pay computed under subsection (d)(1) or

10 (d)(2) of section 1174 of title 10 as determined under regu11 lations promulgated by the Secretary.

12 ‘‘(d) Notwithstanding subsections (a) or (b), an officer

13 discharged under chapter 11 of this title for twice failing

14 of selection for promotion to the next higher grade is not

15 entitled to separation pay under this section if the officer

16 requested in writing or otherwise sought not to be selected

17 for promotion, or requested removal from the list of select18 ees.’’;

19 (4) in section 286a—

20 (A) by striking ‘‘severance’’ in the sec21 tion heading and inserting ‘‘separation’’ in

22 its place; and

23 (B) by striking subsections (a), (b), and (c)

24 and inserting the following:
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1 ‘‘(a) A regular warrant officer of the Coast Guard who

2 is discharged under section 580 of title 10, and has com3 pleted 6 or more, but less than 20, continuous years of ac4 tive service immediately before that discharge is entitled to

5 separation pay computed under subsection (d)(1) of section

6 1174 of title 10.

7 ‘‘(b) A regular warrant officer of the Coast Guard who

8 is discharged under section 1165 or 1166 of title 10, and

9 has completed 6 or more, but less than 20, continuous years

10 of active service immediately before that discharge is enti11 tled to separation pay computed under subsection (d)(1) or

12 (d)(2) of section 1174 of title 10, as determined under regu13 lations promulgated by the Secretary.

14 ‘‘(c) In determining a member’s years of active service

15 for the purpose of computing separation pay under this sec16 tion, each full month of service that is in addition to the

17 number of full years of service creditable to the member is

18 counted as one-twelfth of a year and any remaining frac19 tional part of a month is disregarded.’’; and

20 (5) in section 327—

21 (A) by striking ‘‘severance’’ in the sec22 tion heading and inserting ‘‘separation’’;

23 (B) by striking subsection (a)(2) and insert24 ing in its place the following:
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1 ‘‘(2) for discharge with separation benefits under

2 section 286(c) of this title.’’;

3 (C) by striking subsection (a)(3);

4 (D) by striking subsection (b)(2) and insert5 ing in its place the following:

6 ‘‘(2) if on that date the officer is ineligible for

7 voluntary retirement under any law, be honorably

8 discharged with separation benefits under section

9 286(c) of this title, unless under regulations promul10 gated by the Secretary the condition under which the

11 officer is discharged does not warrant an honorable

12 discharge.’’; and

13 (E) by striking subsection (b)(3).

14 (b) CLERICAL AMENDMENT.—The table of sections at

15 the beginning of chapter 11 of title 14, United States Code,

16 is amended—

17 (1) in the item relating to section 281, by strik18 ing ‘‘three’’ and inserting ‘‘five’’ in its place; and

19 (2) in the item relating to section 286, by strik20 ing ‘‘severance’’ and inserting ‘‘separation’’ in its

21 place;

22 (3) in the item relating to section 286a, by strik23 ing ‘‘severance’’ and inserting ‘‘separation’’ in its

24 place; and
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1 (4) in the item relating to section 327, by strik2 ing ‘‘severance’’ and inserting ‘‘separation’’ in its

3 place.

4 (c) EFFECTIVE DATE.—The amendments made by

5 paragraphs (2), (3), (4), and (5) of subsection (a) shall take

6 effect four years after the date of enactment of this Act, ex7 cept that subsection (d) of section 286 of title 14, United

8 States Code, as amended by paragraph (3) of subsection (a)

9 of this section shall take effect on enactment of this Act and

10 shall apply with respect to conduct on or after that date.

11 The amendments made to the table of sections of chapter

12 11 of title 14, United States Code, by paragraphs (2), (3),

13 and (4) of subsection (b) of this section shall take effect four

14 years after the date of enactment of this Act.

15 SEC. 417. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE

16 PROPERTY.

17 (a) IN GENERAL.—Chapter 17 of title 14, United

18 States Code, is amended by adding at the end a new section

19 672b to read as follows:

20 ‘‘§ 672b. Long-term lease authority for lighthouse

21 property

22 ‘‘(a) The Commandant of the Coast Guard may lease

23 to non-Federal entities, including private individuals,

24 lighthouse property under the administrative control of the

25 Coast Guard for terms not to exceed 30 years. Consideration
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1 for the use and occupancy of lighthouse property leased

2 under this section, and for the value of any utilities and

3 services furnished to a lessee of such property by the Com4 mandant, may consist, in whole or in part, of non-pecu5 niary remuneration including, but not limited to, the im6 provement, alteration, restoration, rehabilitation, repair,

7 and maintenance of the leased premises by the lessee. Sec8 tion 321 of chapter 314 of the Act of June 30, 1932 (40

9 U.S.C. 303b) shall not apply to leases issued by the Com10 mandant under this section.

11 ‘‘(b) Amounts received from leases made under this sec12 tion, less expenses incurred, shall be deposited in the Treas13 ury.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections at

15 the beginning of chapter 17 of title 14, United States Code,

16 is amended by adding after the item relating to section 672

17 the following:

‘‘672b. Long-term lease authority for lighthouse property.’’.

18 SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT AMEND19 MENTS.

20 (a) Section 3 of the Maritime Drug Law Enforcement

21 Act (46 App. U.S.C. 1903) is amended—

22 (1) in subsection (c)(1)(D) by striking ‘‘and’’;

23 (2) in subsection (c)(1)(E) by striking ‘‘United

24 States.’’ and inserting ‘‘United States; and’’; and
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1 (3) by inserting after subsection (c)(1)(E) the fol2 lowing:

3 ‘‘(F) a vessel located in the contiguous zone of

4 the United States, as defined in Presidential Procla5 mation 7219 of September 2, 1999, and (i) is entering

6 the United States, (ii) has departed the United States,

7 or (iii) is a hovering vessel as defined in 19 U.S.C.

8 1401(k).’’.

9 (b) The second section 3 of the Maritime Drug Law

10 Enforcement Act (46 App. U.S.C. 1904) is amended—

11 (1) by inserting ‘‘(a)’’ before ‘‘Any property’’;

12 and

13 (2) by adding at the end the following:

14 ‘‘(b) Practices commonly recognized as smuggling tac15 tics may provide prima facie evidence of intent to use a

16 vessel to commit, or to facilitate the commission of, an of17 fense under this chapter, and may support seizure and for18 feiture of the vessel, even in the absence of controlled sub19 stances aboard the vessel. The following indicia, inter alia,

20 may be considered, in the totality of the circumstances, to

21 be prima facie evidence that a vessel is intended to be used

22 to commit, or to facilitate the commission of an offense

23 under this chapter:

24 ‘‘(1) The construction or adaptation of the vessel

25 in a manner that facilitates smuggling, including—
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1 ‘‘(A) the configuration of the vessel to ride

2 low in the water or present a low hull profile to

3 avoid being detected visually or by radar;

4 ‘‘(B) the presence of any compartment or

5 equipment which is built or fitted out for smug6 gling, not including items such as a safe or lock7 box reasonably used for the storage of personal

8 valuables;

9 ‘‘(C) the presence of an auxiliary tank not

10 installed in accordance with applicable law, or

11 installed in such a manner as to enhance the ves12 sel’s smuggling capability;

13 ‘‘(D) the presence of engines that are exces14 sively over-powered in relation to the design and

15 size of the vessel;

16 ‘‘(E) the presence of materials used to re17 duce or alter the heat or radar signature of the

18 vessel and avoid detection;

19 ‘‘(F) the presence of a camouflaging paint

20 scheme, or of materials used to camouflage the

21 vessel, to avoid detection; or

22 ‘‘(G) the display of false vessel registration

23 numbers, false indicia of vessel nationality, false

24 vessel name, or false vessel homeport.
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1 ‘‘(2) The presence or absence of equipment, per2 sonnel, or cargo inconsistent with the type or declared

3 purpose of the vessel.

4 ‘‘(3) The presence of excessive fuel, lube oil, food,

5 water, or spare parts, inconsistent with legitimate

6 vessel operation, inconsistent with the construction or

7 equipment of the vessel, or inconsistent with the char8 acter of the vessel’s stated purpose.

9 ‘‘(4) The operation of the vessel without lights

10 during times lights are required to be displayed under

11 applicable law or regulation, and in a manner of

12 navigation consistent with smuggling tactics used to

13 avoid detection by law enforcement authorities.

14 ‘‘(5) The failure of the vessel to stop or respond

15 or heave to when hailed by government authority, es16 pecially where the vessel conducts evasive maneu17 vering when hailed.

18 ‘‘(6) The declaration to government authority of

19 apparently false information about the vessel, crew, or

20 voyage, or the failure to identify the vessel by name

21 or country of registration when requested to do so by

22 government authority.

23 ‘‘(7) The presence of controlled substance residue

24 on the vessel, on an item aboard the vessel, or on a

25 person aboard the vessel, of a quantity or other nature
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1 which reasonably indicates manufacturing or dis2 tribution activity.

3 ‘‘(8) The use of petroleum products or other sub4 stances on the vessel to foil the detection of controlled

5 substance residue.

6 ‘‘(9) The presence of a controlled substance in the

7 water in the vicinity of the vessel, where given the

8 currents, weather conditions, and course and speed of

9 the vessel, the quantity or other nature is such that

10 it reasonably indicates manufacturing or distribution

11 activity.’’.

12 SEC. 419. WING-IN-GROUND CRAFT.

13 (a) Section 2101(35) of title 46, United States Code,

14 is amended by inserting ‘‘a wing-in-ground craft, regardless

15 of tonnage, carrying at least one passenger for hire, and’’

16 after the phrase ‘‘ ‘small passenger vessel’ means’’.

17 (b) Section 2101 of title 46, United States Code, is

18 amended by adding at the end the following:

19 ‘‘(48) wing-in-ground craft means a vessel that

20 is capable of operating completely above the surface of

21 the water on a dynamic air cushion created by aero22 dynamic lift due to the ground effect between the ves23 sel and the water’s surface.’’.
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1 SEC. 420. ELECTRONIC FILING OF COMMERCIAL INSTRU2 MENTS FOR VESSELS.

3 Section 31321(a)(4) of title 46, United States Code,

4 is amended—

5 (1) by striking ‘‘(A)’’; and

6 (2) by striking subparagraph (B).

7 SEC. 421. DELETION OF THUMBPRINT REQUIREMENT FOR

8 MERCHANT MARINERS’ DOCUMENTS.

9 Section 7303 of title 46, United States Code, is amend10 ed by striking ‘‘the thumbprint,’’.

11 SEC. 422. TEMPORARY CERTIFICATES OF DOCUMENTATION

12 FOR RECREATIONAL VESSELS.

13 (a) Section 12103(a) of title 46, United States Code,

14 is amended by inserting ‘‘, or a temporary certificate of

15 documentation,’’ after ‘‘certificate of documentation’’.

16 (b)(1) Chapter 121 of title 46, United States Code, is

17 amended by adding after section 12103 the following:

18 ‘‘§ 12103a. Issuance of temporary certificate of docu19 mentation by third parties

20 ‘‘(a) The Secretary of Transportation may delegate,

21 subject to the supervision and control of the Secretary and

22 under terms set out by regulation, to private entities deter23 mined and certified by the Secretary to be qualified, the

24 authority to issue a temporary certificate of documentation

25 for a recreational vessel, if the applicant for the certificate
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1 of documentation meets the requirements set out in sections

2 12102 and 12103 of this chapter.

3 ‘‘(b) A temporary certificate of documentation issued

4 under section 12103(a) and subsection (a) of this section

5 is valid for up to 30 days from issuance.’’.

6 (2) The table of sections at the beginning of chapter

7 121 of title 46, United States Code, is amended by inserting

8 after the item relating to section 12103 the following:

‘‘12103a. Issuance of temporary certificate of documentation by third parties.’’.

9 SEC. 423. MARINE CASUALTY INVESTIGATIONS INVOLVING

10 FOREIGN VESSELS.

11 Section 6101 of title 46, United States Code, is

12 amended—

13 (1) by redesignating the second subsection (e) as

14 subsection (f); and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(g) To the extent consistent with generally recognized

18 practices and procedures of international law, this part ap19 plies to a foreign vessel involved in a marine casualty or

20 incident, as defined in the International Maritime Organi21 zation Code for the Investigation of Marine Casualties and

22 Incidents, where the United States is a Substantially Inter23 ested State and is, or has the consent of, the Lead Inves24 tigating State under the Code.’’.
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1 SEC. 424. CONVEYANCE OF COAST GUARD PROPERTY IN

2 HAMPTON TOWNSHIP, MICHIGAN.

3 (a) REQUIREMENT TO CONVEY.—

4 (1) IN GENERAL.—Notwithstanding any other

5 law, the Secretary of Transportation (in this section

6 referred to as the ‘‘Secretary’’) shall convey to

7 BaySail, Inc. (a nonprofit corporation established

8 under the laws of the State of Michigan; in this sec9 tion referred to as ‘‘BaySail’’), without monetary con10 sideration, all right, title, and interest of the United

11 States in and to property adjacent to Coast Guard

12 Station Saginaw River, located in Hampton Town13 ship, Michigan, as identified under paragraph (2). No

14 submerged lands may be conveyed under this section.

15 (2) IDENTIFICATION OF PROPERTY.—The Sec16 retary, in consultation with the Commandant of the

17 Coast Guard, shall identify, describe, and determine

18 the property to be conveyed under this section.

19 (3) SURVEY.—The exact acreage and legal de20 scription of the property conveyed under paragraph

21 (1), as identified under paragraph (2), and any ease22 ments or rights-of-way reserved by the United States

23 under subsection (b), shall be determined by a survey

24 satisfactory to the Secretary. The cost of the survey

25 shall be borne by BaySail.
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1 (b) TERMS AND CONDITIONS OF CONVEYANCE.—The

2 conveyance of property under this section shall be made sub3 ject to any terms and conditions the Secretary considers

4 necessary, including the reservation of easements and other

5 rights on behalf of the United States.

6 (c) REVERSIONARY INTEREST.—

7 (1) IN GENERAL.—During the 5-year period be8 ginning on the date the Secretary makes the convey9 ance authorized by subsection (a), the real property

10 conveyed pursuant to this section, at the option of the

11 Secretary, shall revert to the United States and be

12 placed under the administrative control of the Sec13 retary, if—

14 (A) BaySail sells, conveys, assigns, ex15 changes, or encumbers the property conveyed or

16 any part thereof;

17 (B) BaySail fails to maintain the property

18 conveyed in a manner consistent with the terms

19 and conditions under subsection (b);

20 (C) BaySail conducts any commercial ac21 tivity at the property conveyed, or any part

22 thereof, without approval of the Secretary; or

23 (D) at least 30 days before the reversion, the

24 Secretary provides written notice to the owner
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1 that the property or any part thereof is needed

2 for national security purposes.

3 (2) ADDITIONAL PERIOD.—The Secretary may,

4 before the completion of the 5-year period described in

5 paragraph (1), authorize an additional 5-year period

6 during which paragraph (1) shall apply.

7 SEC. 425. CONVEYANCE OF PROPERTY IN TRAVERSE CITY,

8 MICHIGAN.

9 Section 1005(c) of the Coast Guard Authorization Act

10 of 1996 (110 Stat. 3957) is amended by striking ‘‘the Tra11 verse City Area Public School District’’ and inserting ‘‘a

12 public or private nonprofit entity for an educational or rec13 reational purpose’’.

14 SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILITIES

15 AND READINESS TO FULFILL NATIONAL DE16 FENSE RESPONSIBILITIES.

17 Not later than February 15 each year, the Secretary

18 of Transportation shall submit to the Committee on Trans19 portation and Infrastructure of the House of Representa20 tives and the Committee on Commerce, Science, and Trans21 portation of the Senate a report, prepared in conjunction

22 with the Commandant of the Coast Guard, setting forth the

23 capabilities and readiness of the Coast Guard to fulfill its

24 national defense responsibilities.
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1 SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL

2 RECOVERY INSTITUTE.

3 Section 5001(i) of the Oil Pollution Act of 1990 (33

4 U.S.C. 2731(i)) is amended by striking ‘‘10 years’’ and all

5 that follows through the end of the sentence and inserting

6 ‘‘September 30, 2012.’’.

7 SEC. 428. MISCELLANEOUS CERTIFICATES OF DOCUMENTA8 TION.

9 Notwithstanding section 27 of the Merchant Marine

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

11 19, 1886 (46 App. U.S.C. 289), and section 12106 of title

12 46, United States Code, the Secretary of Transportation

13 may issue a certificate of documentation with appropriate

14 endorsement for employment in the coastwise trade for each

15 of the following vessels:

16 (1) LAUDERDALE LADY (United States offi17 cial number 1103520).

18 (2) SOVEREIGN (United States official number

19 1028144).

20 (3) CALEDONIA (United States official number

21 679530).

22 SEC. 429. ICEBREAKING SERVICES.

23 The Commandant of the Coast Guard shall not plan,

24 implement, or finalize any regulation or take any other ac25 tion which would result in the decommissioning of any

26 WYTL-class harbor tugs unless and until the Commandant
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1 certifies in writing to the Committee on Commerce, Science,

2 and Transportation of the Senate and the Committee on

3 Transportation and Infrastructure of the House of Rep4 resentatives, that sufficient replacement capability has been

5 procured by the Coast Guard to remediate any degradation

6 in current icebreaking services that would be caused by such

7 decommissioning.

8 SEC. 430. FISHING VESSEL SAFETY TRAINING.

9 (a) IN GENERAL.—The Commandant of the Coast

10 Guard may provide support, with or without reimburse11 ment, to an entity engaged in fishing vessel safety training

12 including—

13 (1) assistance in developing training curricula;

14 (2) use of Coast Guard personnel, including ac15 tive duty members, members of the Coast Guard Re16 serve, and members of the Coast Guard Auxiliary, as

17 temporary or adjunct instructors;

18 (3) sharing of appropriate Coast Guard informa19 tional and safety publications; and

20 (4) participation on applicable fishing vessel

21 safety training advisory panels.

22 (b) NO INTERFERENCE WITH OTHER FUNCTIONS.—In

23 providing support under subsection (a), the Commandant

24 shall ensure that the support does not interfere with any

25 Coast Guard function or operation.
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1 SEC. 431. LIMITATION ON LIABILITY OF PILOTS AT COAST

2 GUARD VESSEL TRAFFIC SERVICES.

3 (a) IN GENERAL.—Chapter 23 of title 46, United

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

5 ‘‘§ 2307. Limitation of liability for Coast Guard Vessel

6 Traffic Service pilots

7 ‘‘Any pilot, acting in the course and scope of his or

8 her duties while at a United States Coast Guard Vessel

9 Traffic Service, who provides information, advice, or com10 munication assistance while under the supervision of a

11 Coast Guard officer, member, or employee shall not be liable

12 for damages caused by or related to such assistance unless

13 the acts or omissions of such pilot constitute gross neg14 ligence or willful misconduct.’’.

15 (b) CLERICAL AMENDMENT.—The chapter analysis for

16 chapter 23 of title 46, United States Code, is amended by

17 adding at the end the following:

‘‘2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots.’’.

18 SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON

19 CHICAGO LAKEFRONT.

20 (a) ASSISTANCE AUTHORIZED.—The Secretary of

21 Transportation may use amounts authorized under this sec22 tion to provide financial assistance to the City of Chicago,

23 Illinois, to pay the Federal share of the cost of a project

24 to demolish the Old Coast Guard Station, located at the

25 north end of the inner Chicago Harbor breakwater at the
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1 foot of Randolph Street, and to plan, engineer, design, and

2 construct a new facility at that site for use as a marine

3 safety station on the Chicago lakefront.

4 (b) COST SHARING.—

5 (1) FEDERAL SHARE.—The Federal share of the

6 cost of a project carried out with assistance under this

7 section may not exceed one third of the total cost of

8 the project or $2,000,000, whichever is less.

9 (2) NON-FEDERAL SHARE.—There shall not be

10 applied to the non-Federal share of a project carried

11 out with assistance under this section—

12 (A) the value of land and existing facilities

13 used for the project; and

14 (B) any costs incurred for site work per15 formed before the date of the enactment of this

16 Act, including costs for reconstruction of the east

17 breakwater wall and associated utilities.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi19 tion to the other amounts authorized by this Act, for pro20 viding financial assistance under this section there is au21 thorized to be appropriated to the Secretary of Transpor22 tation $2,000,000 for fiscal year 2002, to remain available

23 until expended.
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1 SEC. 433. TONNAGE MEASUREMENT FOR PURPOSES OF ELI2 GIBILITY OF CERTAIN VESSELS FOR FISHERY

3 ENDORSEMENT.

4 Section 12102(c)(5) of title 46. United States Code, is

5 amended by striking ‘‘of more than 750 gross registered

6 tons’’ and inserting ‘‘of more than 750 gross tons as meas7 ured under chapter 145 or 1900 gross tons as measured

8 under chapter 143’’.

9 SEC. 434. EXTENSION OF TIME FOR RECREATIONAL VESSEL

10 AND ASSOCIATED EQUIPMENT RECALLS.

11 Section 4310(c) of title 46, United States Code, is

12 amended—

13 (1) in paragraph (2)(A) and (B) by striking ‘‘5’’

14 each place it appears and inserting ‘‘10’’; and

15 (2) in paragraph (1)(A), (B), and (C) by insert16 ing ‘‘by first class mail or’’ before ‘‘by certified mail’’

17 .

18 TITLE V—AUTHORIZATION OF

19 APPROPRIATIONS FOR THE

20 COAST GUARD

21 SEC. 501. SHORT TITLE.

22 This title may be cited as the ‘‘Coast Guard Authoriza23 tion Act for Fiscal Year 2002’’.

24 SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

25 Funds are authorized to be appropriated for fiscal year

26 2002 for necessary expenses of the Coast Guard, as follows:
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1 (1) For the operation and maintenance of the

2 Coast Guard, $4,205,838,000, of which—

3 (A) $25,000,000 is authorized to be derived

4 from the Oil Spill Liability Trust Fund to carry

5 out the purposes of section 1012(a)(5) of the Oil

6 Pollution Act of 1990;

7 (B) $5,500,000 is authorized to be available

8 for the commercial fishing vessel safety program;

9 and

10 (C) $623,000,000 is authorized to be avail11 able for domestic maritime homeland security.

12 (2) For the acquisition, construction, rebuilding,

13 and improvement of aids to navigation, shore and off14 shore facilities, vessels, and aircraft, including equip15 ment related thereto, $717,823,000, of which—

16 (A) $20,000,000 is authorized to be derived

17 from the Oil Spill Liability Trust Fund to carry

18 out the purposes of section 1012(a)(5) of the Oil

19 Pollution Act of 1990;

20 (B) $58,500,000 is authorized to be avail21 able for domestic maritime homeland security

22 vessels and detection equipment; and

23 (C) $338,000,000 is authorized to be avail24 able to implement the Coast Guard’s Integrated

25 Deepwater System.
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1 (3) For research, development, test, and evalua2 tion of technologies, materials, and human factors di3 rectly relating to improving the performance of the

4 Coast Guard’s mission in support of search and res5 cue, aids to navigation, marine safety, marine envi6 ronmental protection, enforcement of laws and trea7 ties, ice operations, oceanographic research, and de8 fense readiness, $21,722,000, to remain available

9 until expended, of which $3,500,000 is authorized to

10 be derived each fiscal year from the Oil Spill Liabil11 ity Trust Fund to carry out the purposes of section

12 1012(a)(5) of the Oil Pollution Act of 1990.

13 (4) For retired pay (including the payment of

14 obligations otherwise chargeable to lapsed appropria15 tions for this purpose), payments under the Retired

16 Serviceman’s Family Protection and Survivor Benefit

17 Plans, and payments for medical care of retired per18 sonnel and their dependents under chapter 55 of title

19 10, United States Code, $876,346,000.

20 (5) For alteration or removal of bridges over

21 navigable waters of the United States constituting ob22 structions to navigation, and for personnel and ad23 ministrative costs associated with the Bridge Alter24 ation Program, $15,466,000, to remain available

25 until expended, of which $1,750,000 may be available
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•S 1214 EAH

1 for a new Chelsea Street bridge in Boston, Massachu2 setts.

3 (6) For environmental compliance and restora4 tion at Coast Guard facilities (other than parts and

5 equipment associated with operations and mainte6 nance), $16,927,000, to remain available until ex7 pended.

8 SEC. 503. AUTHORIZED LEVELS OF MILITARY STRENGTH

9 AND TRAINING.

10 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is

11 authorized an end-of-year strength for active duty personnel

12 of 44,000 as of September 30, 2002.

13 (b) MILITARY TRAINING STUDENT LOADS.—The Coast

14 Guard is authorized average military training student

15 loads as follows:

16 (1) For recruit and special training for fiscal

17 year 2002, 1,500 student years.

18 (2) For flight training for fiscal year 2002, 125

19 student years.

20 (3) For professional training in military and ci21 vilian institutions for fiscal year 2002, 300 student

22 years.
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•S 1214 EAH

1 (4) For officer acquisition for fiscal year 2002,

2 1,000 student years.

Attest:

Clerk.
107TH CONGRESS

2D SESSION S. 1214

AMENDMENT