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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1214 Enrolled Bill (ENR)]

        S.1214

                      One Hundred Seventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two

                                 An Act

 
To amend the Merchant Marine Act, 1936, to establish a program to ensure 
  greater security for United States seaports, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Maritime 
Transportation Security Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.

                TITLE I--MARITIME TRANSPORTATION SECURITY

Sec. 101. Findings.
Sec. 102. Port security.
Sec. 103. International seafarer identification.
Sec. 104. Extension of seaward jurisdiction.
Sec. 105. Suspension of limitation on strength of Coast Guard.
Sec. 106. Extension of Deepwater Port Act to natural gas.
Sec. 107. Assignment of Coast Guard personnel as sea marshals and 
          enhanced use of other security personnel.
Sec. 108. Technical amendments concerning the transmittal of certain 
          information to the Customs Service.
Sec. 109. Maritime security professional training.
Sec. 110. Additional reports.
Sec. 111. Performance standards.
Sec. 112. Report on foreign-flag vessels.
Sec. 113. Revision of Port Security Planning Guide.

                  TITLE II--MARITIME POLICY IMPROVEMENT

Sec. 201. Short title.
Sec. 202. Vessel COASTAL VENTURE.
Sec. 203. Expansion of American Merchant Marine Memorial Wall of Honor.
Sec. 204. Discharge of agricultural cargo residue.
Sec. 205. Recording and discharging notices of claim of maritime lien.
Sec. 206. Tonnage of R/V DAVIDSON.
Sec. 207. Miscellaneous certificates of documentation.
Sec. 208. Exemption for Victory Ships.
Sec. 209. Certificate of documentation for 3 barges.
Sec. 210. Certificate of documentation for the EAGLE.
Sec. 211. Waiver for vessels in New World Challenge Race.
Sec. 212. Vessel ASPHALT COMMANDER.
Sec. 213. Coastwise trade authorization.
Sec. 214. Jones Act waiver for delayed vessel delivery.
Sec. 215. Realignment of policy responsibility in the Department of 
          Transportation.

          TITLE III--COAST GUARD PERSONNEL AND MARITIME SAFETY

Sec. 301. Short title.

                    Subtitle A--Personnel Management

Sec. 311. Coast Guard band director rank.
Sec. 312. Compensatory absence for isolated duty.
Sec. 313. Accelerated promotion of certain Coast Guard officers.

                        Subtitle B--Marine Safety

Sec. 321. Extension of Territorial Sea for Vessel Bridge-to-Bridge 
          Radiotelephone Act.
Sec. 322. Modification of various reporting requirements.
Sec. 323. Oil Spill Liability Trust Fund; emergency fund advancement 
          authority.
Sec. 324. Merchant mariner documentation requirements.
Sec. 325. Penalties for negligent operations and interfering with safe 
          operation.

                 Subtitle C--Renewal of Advisory Groups

Sec. 331. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 332. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 333. Lower Mississippi River Waterway Advisory Committee.
Sec. 334. Navigation Safety Advisory Council.
Sec. 335. National Boating Safety Advisory Council.
Sec. 336. Towing Safety Advisory Committee.

                        Subtitle D--Miscellaneous

Sec. 341. Patrol craft.
Sec. 342. Boating safety.
Sec. 343. Caribbean support tender.
Sec. 344. Prohibition of new maritime user fees.
Sec. 345. Great Lakes lighthouses.
Sec. 346. Modernization of National Distress and Response System.
Sec. 347. Conveyance of Coast Guard property in Portland, Maine.
Sec. 348. Additional Coast Guard funding needs after September 11, 2001.
Sec. 349. Miscellaneous conveyances.

                 TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

Sec. 401. Short title.
Sec. 402. Extension of Coast Guard housing authorities.
Sec. 403. Inventory of vessels for cable laying, maintenance, and 
          repair.
Sec. 404. Vessel escort operations and towing assistance.
Sec. 405. Search and rescue center standards.
Sec. 406. VHF communications services.
Sec. 407. Lower Columbia River maritime fire and safety activities.
Sec. 408. Conforming references to the former Merchant Marine and 
          Fisheries Committee.
Sec. 409. Restriction on vessel documentation.
Sec. 410. Hypothermia protective clothing requirement.
Sec. 411. Reserve officer promotions.
Sec. 412. Regular lieutenant commanders and commanders; continuation 
          upon failure of selection for promotion.
Sec. 413. Reserve student pre-commissioning assistance program.
Sec. 414. Continuation on active duty beyond thirty years.
Sec. 415. Payment of death gratuities on behalf of Coast Guard 
          auxiliarists.
Sec. 416. Align Coast Guard severance pay and revocation of commission 
          authority with Department of Defense authority.
Sec. 417. Long-term lease authority for lighthouse property.
Sec. 418. Maritime Drug Law Enforcement Act amendments.
Sec. 419. Wing-in-ground craft.
Sec. 420. Electronic filing of commercial instruments for vessels.
Sec. 421. Deletion of thumbprint requirement for merchant mariners' 
          documents.
Sec. 422. Temporary certificates of documentation for recreational 
          vessels.
Sec. 423. Marine casualty investigations involving foreign vessels.
Sec. 424. Conveyance of Coast Guard property in Hampton Township, 
          Michigan.
Sec. 425. Conveyance of property in Traverse City, Michigan.
Sec. 426. Annual report on Coast Guard capabilities and readiness to 
          fulfill national defense responsibilities.
Sec. 427. Extension of authorization for oil spill recovery institute.
Sec. 428. Protection against discrimination.
Sec. 429. Icebreaking services.
Sec. 430. Fishing vessel safety training.
Sec. 431. Limitation on liability of pilots at Coast Guard Vessel 
          Traffic Services.
Sec. 432. Assistance for marine safety station on Chicago lakefront.
Sec. 433. Extension of time for recreational vessel and associated 
          equipment recalls.
Sec. 434. Repair of municipal dock, Escanaba, Michigan.
Sec. 435. Vessel GLOBAL EXPLORER.
Sec. 436. Aleutian trade.
Sec. 437. Pictured Rocks National Lakeshore boundary revision.
Sec. 438. Loran-C.
Sec. 439. Authorization of payment.
Sec. 440. Report on oil spill responder immunity.
Sec. 441. Fishing agreements.
Sec. 442. Electronic publishing of marine casualty reports.
Sec. 443. Safety and security of ports and waterways.
Sec. 444. Suspension of payment.
Sec. 445. Prohibition on navigation fees.

      TITLE V--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD

Sec. 501. Short title.
Sec. 502. Authorization of appropriations.
Sec. 503. Authorized levels of military strength and training.

               TITLE I--MARITIME TRANSPORTATION SECURITY

SEC. 101. FINDINGS.

    The Congress makes the following findings:
        (1) There are 361 public ports in the United States that are an 
    integral part of our Nation's commerce.
        (2) United States ports handle over 95 percent of United States 
    overseas trade. The total volume of goods imported and exported 
    through ports is expected to more than double over the next 20 
    years.
        (3) The variety of trade and commerce carried out at ports 
    includes bulk cargo, containerized cargo, passenger transport and 
    tourism, and intermodal transportation systems that are complex to 
    secure.
        (4) The United States is increasingly dependent on imported 
    energy for a substantial share of its energy supply, and a 
    disruption of that share of supply would seriously harm consumers 
    and our economy.
        (5) The top 50 ports in the United States account for about 90 
    percent of all the cargo tonnage. Twenty-five United States ports 
    account for 98 percent of all container shipments. Cruise ships 
    visiting foreign destinations embark from at least 16 ports. 
    Ferries in the United States transport 113,000,000 passengers and 
    32,000,000 vehicles per year.
        (6) Ports often are a major locus of Federal crime, including 
    drug trafficking, cargo theft, and smuggling of contraband and 
    aliens.
        (7) Ports are often very open and exposed and are susceptible 
    to large scale acts of terrorism that could cause a large loss of 
    life or economic disruption.
        (8) Current inspection levels of containerized cargo are 
    insufficient to counter potential security risks. Technology is 
    currently not adequately deployed to allow for the nonintrusive 
    inspection of containerized cargo.
        (9) The cruise ship industry poses a special risk from a 
    security perspective.
        (10) Securing entry points and other areas of port facilities 
    and examining or inspecting containers would increase security at 
    United States ports.
        (11) Biometric identification procedures for individuals having 
    access to secure areas in port facilities are important tools to 
    deter and prevent port cargo crimes, smuggling, and terrorist 
    actions.
        (12) United States ports are international boundaries that--
            (A) are particularly vulnerable to breaches in security;
            (B) may present weaknesses in the ability of the United 
        States to realize its national security objectives; and
            (C) may serve as a vector or target for terrorist attacks 
        aimed at the United States.
        (13) It is in the best interests of the United States--
            (A) to have a free flow of interstate and foreign commerce 
        and to ensure the efficient movement of cargo;
            (B) to increase United States port security by establishing 
        improving communication among law enforcement officials 
        responsible for port security;
            (C) to formulate requirements for physical port security, 
        recognizing the different character and nature of United States 
        port facilities, and to require the establishment of security 
        programs at port facilities;
            (D) to provide financial assistance to help the States and 
        the private sector to increase physical security of United 
        States ports;
            (E) to invest in long-term technology to facilitate the 
        private sector development of technology that will assist in 
        the nonintrusive timely detection of crime or potential crime 
        at United States ports;
            (F) to increase intelligence collection on cargo and 
        intermodal movements to address areas of potential threat to 
        safety and security; and
            (G) to promote private sector procedures that provide for 
        in-transit visibility and support law enforcement efforts 
        directed at managing the security risks of cargo shipments.
        (14) On April 27, 1999, the President established the 
    Interagency Commission on Crime and Security in United States Ports 
    to undertake a comprehensive study of the nature and extent of the 
    problem of crime in our ports, as well as the ways in which 
    governments at all levels are responding. The Commission concluded 
    that frequent crimes in ports include drug smuggling, illegal car 
    exports, fraud, and cargo theft. Internal conspiracies are an issue 
    at many ports and contribute to Federal crime. Criminal 
    organizations are exploiting weak security at ports to commit a 
    wide range of cargo crimes. Intelligence and information sharing 
    among law enforcement agencies needs to be improved and coordinated 
    at many ports. A lack of minimum physical and personnel security 
    standards at ports and related facilities leaves many ports and 
    port users very vulnerable. Access to ports and operations within 
    ports is often uncontrolled. Security-related and detection-related 
    equipment, such as small boats, cameras, large-scale x-ray 
    machines, and vessel tracking devices, are lacking at many ports.
        (15) The International Maritime Organization and other similar 
    international organizations are currently developing a new maritime 
    security system that contains the essential elements for enhancing 
    global maritime security. Therefore, it is in the best interests of 
    the United States to implement new international instruments that 
    establish such a system.

SEC. 102. PORT SECURITY.

    (a) In General.--Title 46, United States Code, is amended by adding 
at the end the following new subtitle:

                      ``Subtitle VI--Miscellaneous

``Chap.
                                                                    Sec.
Port Security......................................................70101

                      ``CHAPTER 701--PORT SECURITY

``Sec.
``70101. Definitions.
``70102. United States facility and vessel vulnerability assessments.
``70103. Maritime transportation security plans.
``70104. Transportation security incident response.
``70105. Transportation security cards.
``70106. Maritime safety and security teams.
``70107. Grants.
``70108. Foreign port assessment.
``70109. Notifying foreign authorities.
``70110. Actions when foreign ports not maintaining effective 
          antiterrorism measures.
``70111. Enhanced crewmember identification.
``70112. Maritime security advisory committees.
``70113. Maritime intelligence.
``70114. Automatic identification systems.
``70115. Long-range vessel tracking system.
``70116. Secure systems of transportation.
``70117. Civil penalty.

``Sec. 70101. Definitions

    ``For the purpose of this chapter:
        ``(1) The term `Area Maritime Transportation Security Plan' 
    means an Area Maritime Transportation Security Plan prepared under 
    section 70103(b).
        ``(2) The term `facility' means any structure or facility of 
    any kind located in, on, under, or adjacent to any waters subject 
    to the jurisdiction of the United States.
        ``(3) The term `National Maritime Transportation Security Plan' 
    means the National Maritime Transportation Security Plan prepared 
    and published under section 70103(a).
        ``(4) The term `owner or operator' means--
            ``(A) in the case of a vessel, any person owning, 
        operating, or chartering by demise, such vessel; and
            ``(B) in the case of a facility, any person owning, 
        leasing, or operating such facility.
        ``(5) The term `Secretary' means the Secretary of the 
    department in which the Coast Guard is operating.
        ``(6) The term `transportation security incident' means a 
    security incident resulting in a significant loss of life, 
    environmental damage, transportation system disruption, or economic 
    disruption in a particular area.
``Sec. 70102. United States facility and vessel vulnerability 
      assessments
    ``(a) Initial Assessments.--The Secretary shall conduct an 
assessment of vessel types and United States facilities on or adjacent 
to the waters subject to the jurisdiction of the United States to 
identify those vessel types and United States facilities that pose a 
high risk of being involved in a transportation security incident.
    ``(b) Facility and Vessel Assessments.--(1) Based on the 
information gathered under subsection (a) of this section, the 
Secretary shall conduct a detailed vulnerability assessment of the 
facilities and vessels that may be involved in a transportation 
security incident. The vulnerability assessment shall include the 
following:
        ``(A) Identification and evaluation of critical assets and 
    infrastructures.
        ``(B) Identification of the threats to those assets and 
    infrastructures.
        ``(C) Identification of weaknesses in physical security, 
    passenger and cargo security, structural integrity, protection 
    systems, procedural policies, communications systems, 
    transportation infrastructure, utilities, contingency response, and 
    other areas as determined by the Secretary.
    ``(2) Upon completion of an assessment under this subsection for a 
facility or vessel, the Secretary shall provide the owner or operator 
with a copy of the vulnerability assessment for that facility or 
vessel.
    ``(3) The Secretary shall update each vulnerability assessment 
conducted under this section at least every 5 years.
    ``(4) In lieu of conducting a facility or vessel vulnerability 
assessment under paragraph (1), the Secretary may accept an alternative 
assessment conducted by or on behalf of the owner or operator of the 
facility or vessel if the Secretary determines that the alternative 
assessment includes the matters required under paragraph (1).

``Sec. 70103. Maritime transportation security plans

    ``(a) National Maritime Transportation Security Plan.--(1) The 
Secretary shall prepare a National Maritime Transportation Security 
Plan for deterring and responding to a transportation security 
incident.
    ``(2) The National Maritime Transportation Security Plan shall 
provide for efficient, coordinated, and effective action to deter and 
minimize damage from a transportation security incident, and shall 
include the following:
        ``(A) Assignment of duties and responsibilities among Federal 
    departments and agencies and coordination with State and local 
    governmental agencies.
        ``(B) Identification of security resources.
        ``(C) Procedures and techniques to be employed in deterring a 
    national transportation security incident.
        ``(D) Establishment of procedures for the coordination of 
    activities of--
            ``(i) Coast Guard maritime security teams established under 
        this chapter; and
            ``(ii) Federal Maritime Security Coordinators required 
        under this chapter.
        ``(E) A system of surveillance and notice designed to safeguard 
    against as well as ensure earliest possible notice of a 
    transportation security incident and imminent threats of such a 
    security incident to the appropriate State and Federal agencies.
        ``(F) Establishment of criteria and procedures to ensure 
    immediate and effective Federal identification of a transportation 
    security incident, or the substantial threat of such a security 
    incident.
        ``(G) Designation of--
            ``(i) areas for which Area Maritime Transportation Security 
        Plans are required to be prepared under subsection (b); and
            ``(ii) a Coast Guard official who shall be the Federal 
        Maritime Security Coordinator for each such area.
        ``(H) A risk-based system for evaluating the potential for 
    violations of security zones designated by the Secretary on the 
    waters subject to the jurisdiction of the United States.
        ``(I) A recognition of certified systems of intermodal 
    transportation.
        ``(J) A plan for ensuring that the flow of cargo through United 
    States ports is reestablished as efficiently and quickly as 
    possible after a transportation security incident.
    ``(3) The Secretary shall, as the Secretary considers advisable, 
revise or otherwise amend the National Maritime Transportation Security 
Plan.
    ``(4) Actions by Federal agencies to deter and minimize damage from 
a transportation security incident shall, to the greatest extent 
possible, be in accordance with the National Maritime Transportation 
Security Plan.
    ``(5) The Secretary shall inform vessel and facility owners or 
operators of the provisions in the National Transportation Security 
Plan that the Secretary considers necessary for security purposes.
    ``(b) Area Maritime Transportation Security Plans.--(1) The Federal 
Maritime Security Coordinator designated under subsection (a)(2)(G) for 
an area shall--
        ``(A) submit to the Secretary an Area Maritime Transportation 
    Security Plan for the area; and
        ``(B) solicit advice from the Area Security Advisory Committee 
    required under this chapter, for the area to assure preplanning of 
    joint deterrence efforts, including appropriate procedures for 
    deterrence of a transportation security incident.
    ``(2) The Area Maritime Transportation Security Plan for an area 
shall--
        ``(A) when implemented in conjunction with the National 
    Maritime Transportation Security Plan, be adequate to deter a 
    transportation security incident in or near the area to the maximum 
    extent practicable;
        ``(B) describe the area and infrastructure covered by the plan, 
    including the areas of population or special economic, 
    environmental, or national security importance that might be 
    damaged by a transportation security incident;
        ``(C) describe in detail how the plan is integrated with other 
    Area Maritime Transportation Security Plans, and with facility 
    security plans and vessel security plans under this section;
        ``(D) include consultation and coordination with the Department 
    of Defense on matters relating to Department of Defense facilities 
    and vessels;
        ``(E) include any other information the Secretary requires; and
        ``(F) be updated at least every 5 years by the Federal Maritime 
    Security Coordinator.
    ``(3) The Secretary shall--
        ``(A) review and approve Area Maritime Transportation Security 
    Plans under this subsection; and
        ``(B) periodically review previously approved Area Maritime 
    Transportation Security Plans.
    ``(4) In security zones designated by the Secretary in each Area 
Maritime Transportation Security Plan, the Secretary shall consider--
        ``(A) the use of public/private partnerships to enforce 
    security within the security zones, shoreside protection 
    alternatives, and the environmental, public safety, and relative 
    effectiveness of such alternatives; and
        ``(B) technological means of enhancing the security zones of 
    port, territorial waters, and waterways of the United States.
    ``(c) Vessel and Facility Security Plans.--(1) Within 6 months 
after the prescription of interim final regulations on vessel and 
facility security plans, an owner or operator of a vessel or facility 
described in paragraph (2) shall prepare and submit to the Secretary a 
security plan for the vessel or facility, for deterring a 
transportation security incident to the maximum extent practicable.
    ``(2) The vessels and facilities referred to in paragraph (1)--
        ``(A) except as provided in subparagraph (B), are vessels and 
    facilities that the Secretary believes may be involved in a 
    transportation security incident; and
        ``(B) do not include any vessel or facility owned or operated 
    by the Department of Defense.
    ``(3) A security plan required under this subsection shall--
        ``(A) be consistent with the requirements of the National 
    Maritime Transportation Security Plan and Area Maritime 
    Transportation Security Plans;
        ``(B) identify the qualified individual having full authority 
    to implement security actions, and require immediate communications 
    between that individual and the appropriate Federal official and 
    the persons providing personnel and equipment pursuant to 
    subparagraph (C);
        ``(C) include provisions for--
            ``(i) establishing and maintaining physical security, 
        passenger and cargo security, and personnel security;
            ``(ii) establishing and controlling access to secure areas 
        of the vessel or facility;
            ``(iii) procedural security policies;
            ``(iv) communications systems; and
            ``(v) other security systems;
        ``(D) identify, and ensure by contract or other means approved 
    by the Secretary, the availability of security measures necessary 
    to deter to the maximum extent practicable a transportation 
    security incident or a substantial threat of such a security 
    incident;
        ``(E) describe the training, periodic unannounced drills, and 
    security actions of persons on the vessel or at the facility, to be 
    carried out under the plan to deter to the maximum extent 
    practicable a transportation security incident, or a substantial 
    threat of such a security incident;
        ``(F) be updated at least every 5 years; and
        ``(G) be resubmitted for approval of each change to the vessel 
    or facility that may substantially affect the security of the 
    vessel or facility.
    ``(4) The Secretary shall--
        ``(A) promptly review each such plan;
        ``(B) require amendments to any plan that does not meet the 
    requirements of this subsection;
        ``(C) approve any plan that meets the requirements of this 
    subsection; and
        ``(D) review each plan periodically thereafter.
    ``(5) A vessel or facility for which a plan is required to be 
submitted under this subsection may not operate after the end of the 
12-month period beginning on the date of the prescription of interim 
final regulations on vessel and facility security plans, unless--
        ``(A) the plan has been approved by the Secretary; and
        ``(B) the vessel or facility is operating in compliance with 
    the plan.
    ``(6) Notwithstanding paragraph (5), the Secretary may authorize a 
vessel or facility to operate without a security plan approved under 
this subsection, until not later than 1 year after the date of the 
submission to the Secretary of a plan for the vessel or facility, if 
the owner or operator of the vessel or facility certifies that the 
owner or operator has ensured by contract or other means approved by 
the Secretary to deter to the maximum extent practicable a 
transportation security incident or a substantial threat of such a 
security incident.
    ``(7) The Secretary shall require each owner or operator of a 
vessel or facility located within or adjacent to waters subject to the 
jurisdiction of the United States to implement any necessary interim 
security measures, including cargo security programs, to deter to the 
maximum extent practicable a transportation security incident until the 
security plan for that vessel or facility operator is approved.
    ``(d) Nondisclosure of Information.--Notwithstanding any other 
provision of law, information developed under this chapter is not 
required to be disclosed to the public, including--
        ``(1) facility security plans, vessel security plans, and port 
    vulnerability assessments; and
        ``(2) other information related to security plans, procedures, 
    or programs for vessels or facilities authorized under this 
    chapter.

``Sec. 70104. Transportation security incident response

    ``(a) Facility and Vessel Response Plans.--The Secretary shall--
        ``(1) establish security incident response plans for vessels 
    and facilities that may be involved in a transportation security 
    incident; and
        ``(2) make those plans available to the Director of the Federal 
    Emergency Management Agency for inclusion in the Director's 
    response plan for United States ports and waterways.
    ``(b) Contents.--Response plans developed under subsection (a) 
shall provide a comprehensive response to an emergency, including 
notifying and coordinating with local, State, and Federal authorities, 
including the Director of the Federal Emergency Management Agency, 
securing the facility or vessel, and evacuating facility and vessel 
personnel.
    ``(c) Inclusion in Security Plan.--A response plan required under 
this subsection for a vessel or facility may be included in the 
security plan prepared under section 70103(c).

``Sec. 70105. Transportation security cards

    ``(a) Prohibition.--(1) The Secretary shall prescribe regulations 
to prevent an individual from entering an area of a vessel or facility 
that is designated as a secure area by the Secretary for purposes of a 
security plan for the vessel or facility that is approved by the 
Secretary under section 70103 of this title unless the individual--
        ``(A) holds a transportation security card issued under this 
    section and is authorized to be in the area in accordance with the 
    plan; or
        ``(B) is accompanied by another individual who holds a 
    transportation security card issued under this section and is 
    authorized to be in the area in accordance with the plan.
    ``(2) A person shall not admit an individual into such a secure 
area unless the entry of the individual into the area is in compliance 
with paragraph (1).
    ``(b) Issuance of Cards.--(1) The Secretary shall issue a biometric 
transportation security card to an individual specified in paragraph 
(2), unless the Secretary decides that the individual poses a security 
risk under subsection (c) warranting denial of the card.
    ``(2) This subsection applies to--
        ``(A) an individual allowed unescorted access to a secure area 
    designated in a vessel or facility security plan approved under 
    section 70103 of this title;
        ``(B) an individual issued a license, certificate of registry, 
    or merchant mariners document under part E of subtitle II of this 
    title;
        ``(C) a vessel pilot;
        ``(D) an individual engaged on a towing vessel that pushes, 
    pulls, or hauls alongside a tank vessel;
        ``(E) an individual with access to security sensitive 
    information as determined by the Secretary; and
        ``(F) other individuals engaged in port security activities as 
    determined by the Secretary.
    ``(c) Determination of Terrorism Security Risk.--(1) An individual 
may not be denied a transportation security card under subsection (b) 
unless the Secretary determines that individual--
        ``(A) has been convicted within the preceding 7-year period of 
    a felony or found not guilty by reason of insanity of a felony--
            ``(i) that the Secretary believes could cause the 
        individual to be a terrorism security risk to the United 
        States; or
            ``(ii) for causing a severe transportation security 
        incident;
        ``(B) has been released from incarceration within the preceding 
    5-year period for committing a felony described in subparagraph 
    (A);
        ``(C) may be denied admission to the United States or removed 
    from the United States under the Immigration and Nationality Act (8 
    U.S.C. 1101 et seq.); or
        ``(D) otherwise poses a terrorism security risk to the United 
    States.
    ``(2) The Secretary shall prescribe regulations that establish a 
waiver process for issuing a transportation security card to an 
individual found to be otherwise ineligible for such a card under 
paragraph (1). In deciding to issue a card to such an individual, the 
Secretary shall--
        ``(A) give consideration to the circumstances of any 
    disqualifying act or offense, restitution made by the individual, 
    Federal and State mitigation remedies, and other factors from which 
    it may be concluded that the individual does not pose a terrorism 
    risk warranting denial of the card; and
        ``(B) issue a waiver to an individual without regard to whether 
    that individual would otherwise be disqualified if the individual's 
    employer establishes alternate security arrangements acceptable to 
    the Secretary.
    ``(3) The Secretary shall establish an appeals process under this 
section for individuals found to be ineligible for a transportation 
security card that includes notice and an opportunity for a hearing.
    ``(4) Upon application, the Secretary may issue a transportation 
security card to an individual if the Secretary has previously 
determined, under section 5103a of title 49, that the individual does 
not pose a security risk.
    ``(d) Background Records Check.--(1) On request of the Secretary, 
the Attorney General shall--
        ``(A) conduct a background records check regarding the 
    individual; and
        ``(B) upon completing the background records check, notify the 
    Secretary of the completion and results of the background records 
    check.
    ``(2) A background records check regarding an individual under this 
subsection shall consist of the following:
        ``(A) A check of the relevant criminal history databases.
        ``(B) In the case of an alien, a check of the relevant 
    databases to determine the status of the alien under the 
    immigration laws of the United States.
        ``(C) As appropriate, a check of the relevant international 
    databases or other appropriate means.
        ``(D) Review of any other national security-related information 
    or database identified by the Attorney General for purposes of such 
    a background records check.
    ``(e) Restrictions on Use and Maintenance of Information.--(1) 
Information obtained by the Attorney General or the Secretary under 
this section may not be made available to the public, including the 
individual's employer.
    ``(2) Any information constituting grounds for denial of a 
transportation security card under this section shall be maintained 
confidentially by the Secretary and may be used only for making 
determinations under this section. The Secretary may share any such 
information with other Federal law enforcement agencies. An 
individual's employer may only be informed of whether or not the 
individual has been issued the card under this section.
    ``(f) Definition.--In this section, the term `alien' has the 
meaning given the term in section 101(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(3)).''.

``Sec. 70106. Maritime safety and security teams

    ``(a) In General.--To enhance the domestic maritime security 
capability of the United States, the Secretary shall establish such 
maritime safety and security teams as are needed to safeguard the 
public and protect vessels, harbors, ports, facilities, and cargo in 
waters subject to the jurisdiction of the United States from 
destruction, loss or injury from crime, or sabotage due to terrorist 
activity, and to respond to such activity in accordance with the 
transportation security plans developed under section 70103.
    ``(b) Mission.--Each maritime safety and security team shall be 
trained, equipped, and capable of being employed to--
        ``(1) deter, protect against, and rapidly respond to threats of 
    maritime terrorism;
        ``(2) enforce moving or fixed safety or security zones 
    established pursuant to law;
        ``(3) conduct high speed intercepts;
        ``(4) board, search, and seize any article or thing on or at, 
    respectively, a vessel or facility found to present a risk to the 
    vessel or facility, or to a port;
        ``(5) rapidly deploy to supplement United States armed forces 
    domestically or overseas;
        ``(6) respond to criminal or terrorist acts within a port so as 
    to minimize, insofar as possible, the disruption caused by such 
    acts;
        ``(7) assist with facility vulnerability assessments required 
    under this chapter; and
        ``(8) carry out other security missions as are assigned to it 
    by the Secretary.
    ``(c) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team shall coordinate its 
activities with other Federal, State, and local law enforcement and 
emergency response agencies.

``Sec. 70107. Grants

    ``(a) In General.--The Secretary of Transportation, acting through 
the Maritime Administrator, shall establish a grant program for making 
a fair and equitable allocation among port authorities, facility 
operators, and State and local agencies required to provide security 
services of funds to implement Area Maritime Transportation Security 
Plans and facility security plans. The program shall take into account 
national economic and strategic defense considerations.
    ``(b) Eligible Costs.--The following costs of funding the 
correction of Coast Guard identified vulnerabilities in port security 
and ensuring compliance with Area Maritime Transportation Security 
Plans and facility security plans are eligible to be funded:
        ``(1) Salary, benefits, overtime compensation, retirement 
    contributions, and other costs of additional Coast Guard mandated 
    security personnel.
        ``(2) The cost of acquisition, operation, and maintenance of 
    security equipment or facilities to be used for security monitoring 
    and recording, security gates and fencing, marine barriers for 
    designated security zones, security-related lighting systems, 
    remote surveillance, concealed video systems, security vessels, and 
    other security-related infrastructure or equipment that contributes 
    to the overall security of passengers, cargo, or crewmembers.
        ``(3) The cost of screening equipment, including equipment that 
    detects weapons of mass destruction and conventional explosives, 
    and of testing and evaluating such equipment, to certify secure 
    systems of transportation.
        ``(4) The cost of conducting vulnerability assessments to 
    evaluate and make recommendations with respect to security.
    ``(c) Matching Requirements.--
        ``(1) 75-percent federal funding.--Except as provided in 
    paragraph (2), Federal funds for any eligible project under this 
    section shall not exceed 75 percent of the total cost of such 
    project.
        ``(2) Exceptions.--
            ``(A) Small projects.--There are no matching requirements 
        for grants under subsection (a) for projects costing not more 
        than $25,000.
            ``(B) Higher level of support required.--If the Secretary 
        of Transportation determines that a proposed project merits 
        support and cannot be undertaken without a higher rate of 
        Federal support, then the Secretary may approve grants under 
        this section with a matching requirement other than that 
        specified in paragraph (1).
    ``(d) Coordination and Cooperation Agreements.--The Secretary of 
Transportation shall ensure that projects paid for, or the costs of 
which are reimbursed, under this section within any area or port are 
coordinated with other projects, and may require cooperative agreements 
among users of the port and port facilities with respect to projects 
funded under this section.
    ``(e) Administration.--
        ``(1) In general.--The program shall require eligible port 
    authorities, facility operators, and State and local agencies 
    required to provide security services, to submit an application, at 
    such time, in such form, and containing such information and 
    assurances as the Secretary of Transportation may require, and 
    shall include appropriate application, review, and delivery 
    mechanisms.
        ``(2) Minimum standards for payment or reimbursement.--Each 
    application for payment or reimbursement of eligible costs shall 
    include, at a minimum, the following:
            ``(A) A copy of the applicable Area Maritime Transportation 
        Security Plan or facility security plan.
            ``(B) A comprehensive description of the need for the 
        project, and a statement of the project's relationship to the 
        applicable Area Maritime Transportation Security Plan or 
        facility security plan.
            ``(C) A determination by the Captain of the Port that the 
        security project addresses or corrects Coast Guard identified 
        vulnerabilities in security and ensures compliance with Area 
        Maritime Transportation Security Plans and facility security 
        plans.
        ``(3) Procedural safeguards.--The Secretary of Transportation 
    shall by regulation establish appropriate accounting, reporting, 
    and review procedures to ensure that amounts paid or reimbursed 
    under this section are used for the purposes for which they were 
    made available, all expenditures are properly accounted for, and 
    amounts not used for such purposes and amounts not obligated or 
    expended are recovered.
        ``(4) Project approval required.--The Secretary of 
    Transportation may approve an application for the payment or 
    reimbursement of costs under this section only if the Secretary of 
    Transportation is satisfied that--
            ``(A) the project is consistent with Coast Guard 
        vulnerability assessments and ensures compliance with Area 
        Maritime Transportation Security Plans and facility security 
        plans;
            ``(B) enough money is available to pay the project costs 
        that will not be reimbursed by the United States Government 
        under this section;
            ``(C) the project will be completed without unreasonable 
        delay; and
            ``(D) the recipient has authority to carry out the project 
        as proposed.
    ``(f) Audits and Examinations.--A recipient of amounts made 
available under this section shall keep such records as the Secretary 
of Transportation may require, and make them available for review and 
audit by the Secretary of Transportation, the Comptroller General of 
the United States, or the Inspector General of the Department of 
Transportation.
    ``(g) Reports on Security Funding and Compliance.--
        ``(1) Initial report.--Within 6 months after the date of 
    enactment of this Act, the Secretary of Transportation shall 
    transmit an unclassified report to the Senate Committee on 
    Commerce, Science, and Transportation and the House of 
    Representatives Committee on Transportation and Infrastructure, 
    that--
            ``(A) includes a funding proposal and rationale to fund the 
        correction of Coast Guard identified vulnerabilities in port 
        security and to help ensure compliance with Area Maritime 
        Transportation Security Plans and facility security plans for 
        fiscal years 2003 through 2008; and
            ``(B) includes projected funding proposals for fiscal years 
        2003 through 2008 for the following security programs:
                ``(i) The Sea Marshall program.
                ``(ii) The Automated Identification System and a system 
            of polling vessels on entry into United States waters.
                ``(iii) The maritime intelligence requirements in this 
            Act.
                ``(iv) The issuance of transportation security cards 
            required by section 70105.
                ``(v) The program of certifying secure systems of 
            transportation.
        ``(2) Other expenditures.--The Secretary of Transportation 
    shall, as part of the report required by paragraph (1) report, in 
    coordination with the Commissioner of Customs, on projected 
    expenditures of screening and detection equipment and on cargo 
    security programs over fiscal years 2003 through 2008.
        ``(3) Annual reports.--Annually, beginning 1 year after 
    transmittal of the report required by paragraph (1) until October 
    1, 2009, the Secretary of Transportation shall transmit an 
    unclassified annual report to the Senate Committee on Commerce, 
    Science, and Transportation and the House of Representatives 
    Committee on Transportation and Infrastructure, on progress in 
    achieving compliance with the correction of Coast Guard identified 
    vulnerabilities in port security and compliance with Area Maritime 
    Transportation Security Plans and facility security plans that--
            ``(A) identifies any modifications necessary in funding to 
        ensure the correction of Coast Guard identified vulnerabilities 
        and ensure compliance with Area Maritime Transportation 
        Security Plans and facility security plans;
            ``(B) includes an assessment of progress in implementing 
        the grant program established by subsection (a);
            ``(C) includes any recommendations the Secretary may make 
        to improve these programs; and
            ``(D) with respect to a port selected by the Secretary of 
        Transportation, describes progress and enhancements of 
        applicable Area Maritime Transportation Security Plans and 
        facility security plans and how the Maritime Transportation 
        Security Act of 2002 has improved security at that port.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for each of fiscal 
years 2003 through 2008 such sums as are necessary to carry out 
subsections (a) through (g).
    ``(i) Research and Development Grants for Port Security.--
        ``(1) Authority.--The Secretary of Transportation is authorized 
    to establish and administer a grant program for the support of 
    research and development of technologies that can be used to secure 
    the ports of the United States. The Secretary may award grants 
    under the program to national laboratories, private nonprofit 
    organizations, institutions of higher education, and other 
    entities. The Secretary shall establish competitive procedures for 
    awarding grants under the program and criteria for grant 
    applications and eligibility.
        ``(2) Use of funds.--Grants awarded pursuant to paragraph (1) 
    shall be used to develop--
            ``(A) methods to increase the ability of the Customs 
        Service to inspect, or target for inspection, merchandise 
        carried on any vessel that will arrive or has arrived at any 
        port or place in the United States;
            ``(B) equipment to accurately detect explosives, or 
        chemical and biological agents, that could be used to commit 
        terrorist acts against the United States;
            ``(C) equipment to accurately detect nuclear materials, 
        including scintillation-based detection equipment capable of 
        attachment to spreaders to signal the presence of nuclear 
        materials during the unloading of containers;
            ``(D) improved tags and seals designed for use on shipping 
        containers to track the transportation of the merchandise in 
        such containers, including `smart sensors' that are able to 
        track a container throughout its entire supply chain, detect 
        hazardous and radioactive materials within that container, and 
        transmit such information to the appropriate authorities at a 
        remote location;
            ``(E) tools to mitigate the consequences of a terrorist act 
        at a port of the United States, including a network of sensors 
        to predict the dispersion of radiological, chemical, or 
        biological agents that might be intentionally or accidentally 
        released; or
            ``(F) applications to apply existing technologies from 
        other industries to increase overall port security.
        ``(3) Administrative provisions.--
            ``(A) No duplication of effort.--Before making any grant, 
        the Secretary of Transportation shall coordinate with other 
        Federal agencies to ensure the grant will not be used for 
        research and development that is already being conducted with 
        Federal funding.
            ``(B) Accounting.--The Secretary of Transportation shall by 
        regulation establish accounting, reporting, and review 
        procedures to ensure that funds made available under paragraph 
        (1) are used for the purpose for which they were made 
        available, that all expenditures are properly accounted for, 
        and that amounts not used for such purposes and amounts not 
        expended are recovered.
            ``(C) Recordkeeping.--Recipients of grants shall keep all 
        records related to expenditures and obligations of funds 
        provided under paragraph (1) and make them available upon 
        request to the Inspector General of the Department of 
        Transportation and the Secretary of Transportation for audit 
        and examination.
            ``(D) Annual review and report.--The Inspector General of 
        the Department of Transportation shall annually review the 
        program established under paragraph (1) to ensure that the 
        expenditures and obligations of funds are consistent with the 
        purposes for which they are provided and report the findings to 
        Congress.
        ``(4) Authorization of appropriations.--There is authorized to 
    be appropriated $15,000,000 for each of the fiscal years 2003 
    through 2008 to carry out the provisions of this subsection.

``Sec. 70108. Foreign port assessment

    ``(a) In General.--The Secretary shall assess the effectiveness of 
the antiterrorism measures maintained at--
        ``(1) a foreign port--
            ``(A) served by vessels documented under chapter 121 of 
        this title; or
            ``(B) from which foreign vessels depart on a voyage to the 
        United States; and
        ``(2) any other foreign port the Secretary believes poses a 
    security risk to international maritime commerce.
    ``(b) Procedures.--In conducting an assessment under subsection 
(a), the Secretary shall assess the effectiveness of--
        ``(1) screening of containerized and other cargo and baggage;
        ``(2) security measures to restrict access to cargo, vessels, 
    and dockside property to authorized personnel only;
        ``(3) additional security on board vessels;
        ``(4) licensing or certification of compliance with appropriate 
    security standards;
        ``(5) the security management program of the foreign port; and
        ``(6) other appropriate measures to deter terrorism against the 
    United States.
    ``(c) Consultation.--In carrying out this section, the Secretary 
shall consult with--
        ``(1) the Secretary of Defense and the Secretary of State--
            ``(A) on the terrorist threat that exists in each country 
        involved; and
            ``(B) to identify foreign ports that pose a high risk of 
        introducing terrorism to international maritime commerce;
        ``(2) the Secretary of the Treasury;
        ``(3) appropriate authorities of foreign governments; and
        ``(4) operators of vessels.

``Sec. 70109. Notifying foreign authorities

    ``(a) In General.--If the Secretary, after conducting an assessment 
under section 70108, finds that a port in a foreign country does not 
maintain effective antiterrorism measures, the Secretary shall notify 
the appropriate authorities of the government of the foreign country of 
the finding and recommend the steps necessary to improve the 
antiterrorism measures in use at the port.
    ``(b) Training Program.--The Secretary, in cooperation with the 
Secretary of State, shall operate a port security training program for 
ports in foreign countries that are found under section 70108 to lack 
effective antiterrorism measures.
``Sec. 70110. Actions when foreign ports not maintaining effective 
      antiterrorism measures
    ``(a) In General.--If the Secretary finds that a foreign port does 
not maintain effective antiterrorism measures, the Secretary--
        ``(1) may prescribe conditions of entry into the United States 
    for any vessel arriving from that port, or any vessel carrying 
    cargo or passengers originating from or transshipped through that 
    port;
        ``(2) may deny entry into the United States to any vessel that 
    does not meet such conditions; and
        ``(3) shall provide public notice for passengers of the 
    ineffective antiterrorism measures.
    ``(b) Effective Date for Sanctions.--Any action taken by the 
Secretary under subsection (a) for a particular port shall take 
effect--
        ``(1) 90 days after the government of the foreign country with 
    jurisdiction over or control of that port is notified under section 
    70109 unless the Secretary finds that the government has brought 
    the antiterrorism measures at the port up to the security level the 
    Secretary used in making an assessment under section 70108 before 
    the end of that 90-day period; or
        ``(2) immediately upon the finding of the Secretary under 
    subsection (a) if the Secretary finds, after consulting with the 
    Secretary of State, that a condition exists that threatens the 
    safety or security of passengers, vessels, or crew traveling to or 
    from the port.
    ``(c) State Department To Be Notified.--The Secretary immediately 
shall notify the Secretary of State of a finding that a port does not 
maintain effective antiterrorism measures.
    ``(d) Action Canceled.--An action required under this section is no 
longer required if the Secretary decides that effective antiterrorism 
measures are maintained at the port.

``Sec. 70111. Enhanced crewmember identification

    ``(a) Requirement.--The Secretary, in consultation with the 
Attorney General and the Secretary of State, shall require crewmembers 
on vessels calling at United States ports to carry and present on 
demand any identification that the Secretary decides is necessary.
    ``(b) Forms and Process.--The Secretary, in consultation with the 
Attorney General and the Secretary of State, shall establish the proper 
forms and process that shall be used for identification and 
verification of crewmembers.

``Sec. 70112. Maritime Security Advisory Committees

    ``(a) Establishment of Committees.--(1) The Secretary shall 
establish a National Maritime Security Advisory Committee. The 
Committee--
        ``(A) may advise, consult with, report to, and make 
    recommendations to the Secretary on matters relating to national 
    maritime security matters;
        ``(B) may make available to the Congress recommendations that 
    the Committee makes to the Secretary; and
        ``(C) shall meet at the call of--
            ``(i) the Secretary, who shall call such a meeting at least 
        once during each calendar year; or
            ``(ii) a majority of the Committee.
    ``(2)(A) The Secretary may--
        ``(i) establish an Area Maritime Security Advisory Committee 
    for any port area of the United States; and
        ``(ii) request such a committee to review the proposed Area 
    Maritime Transportation Security Plan developed under section 
    70103(b) and make recommendations to the Secretary that the 
    Committee considers appropriate.
    ``(B) A committee established under this paragraph for an area--
        ``(i) may advise, consult with, report to, and make 
    recommendations to the Secretary on matters relating to maritime 
    security in that area;
        ``(ii) may make available to the Congress recommendations that 
    the committee makes to the Secretary; and
        ``(iii) shall meet at the call of--
            ``(I) the Secretary, who shall call such a meeting at least 
        once during each calendar year; or
            ``(II) a majority of the committee.
    ``(b) Membership.--(1) Each of the committees established under 
subsection (a) shall consist of not less than 7 members appointed by 
the Secretary, each of whom has at least 5 years practical experience 
in maritime security operations.
    ``(2) The term of each member shall be for a period of not more 
than 5 years, specified by the Secretary.
    ``(3) Before appointing an individual to a position on such a 
committee, the Secretary shall publish a notice in the Federal Register 
soliciting nominations for membership on the committee.
    ``(4) The Secretary may require an individual to have passed an 
appropriate security background examination before appointment to the 
Committee.
    ``(c) Chairperson and Vice Chairperson.--(1) Each committee 
established under subsection (a) shall elect 1 of its members as the 
Chairman and 1 of its members as the Vice Chairperson.
    ``(2) The Vice Chairman shall act as Chairman in the absence or 
incapacity of the Chairman, or in the event of a vacancy in the office 
of the Chairman.
    ``(d) Observers.--(1) The Secretary shall, and the head of any 
other interested Federal agency may, designate a representative to 
participate as an observer with the Committee.
    ``(2) The Secretary's designated representative shall act as the 
executive secretary of the Committee and shall perform the duties set 
forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. 
App.).
    ``(e) Consideration of Views.--The Secretary shall consider the 
information, advice, and recommendations of the Committee in 
formulating policy regarding matters affecting maritime security.
    ``(f) Compensation and Expenses.--(1) A member of a committee 
established under this section, when attending meetings of the 
committee or when otherwise engaged in the business of the committee, 
is entitled to receive--
        ``(A) compensation at a rate fixed by the Secretary, not 
    exceeding the daily equivalent of the current rate of basic pay in 
    effect for GS-15 of the General Schedule under section 5332 of 
    title 5 including travel time; and
        ``(B) travel or transportation expenses under section 5703 of 
    title 5.
    ``(2) A member of such a committee shall not be considered to be an 
officer or employee of the United States for any purpose based on their 
receipt of any payment under this subsection.
    ``(g) FACA; Termination.--(1) The Federal Advisory Committee Act (5 
U.S.C. App.)--
        ``(A) applies to the National Maritime Security Advisory 
    Committee established under this section, except that such 
    committee terminates on September 30, 2008; and
        ``(B) does not apply to Area Maritime Security Advisory 
    Committees established under this section.
    ``(2) Not later than September 30, 2006, each committee established 
under this section shall submit to the Congress its recommendation 
regarding whether the committee should be renewed and continued beyond 
the termination date.

``Sec. 70113. Maritime intelligence

    ``(a) In General.--The Secretary shall implement a system to 
collect, integrate, and analyze information concerning vessels 
operating on or bound for waters subject to the jurisdiction of the 
United States, including information related to crew, passengers, 
cargo, and intermodal shipments.
    ``(b) Consultation.--In developing the information system under 
subsection (a), the Secretary shall consult with the Transportation 
Security Oversight Board and other departments and agencies, as 
appropriate.
    ``(c) Information Integration.--To deter a transportation security 
incident, the Secretary may collect information from public and private 
entities to the extent that the information is not provided by other 
Federal departments and agencies.

``Sec. 70114. Automatic identification systems

    ``(a) System Requirements.--(1) Subject to paragraph (2), the 
following vessels, while operating on the navigable waters of the 
United States, shall be equipped with and operate an automatic 
identification system under regulations prescribed by the Secretary:
        ``(A) A self-propelled commercial vessel of at least 65 feet 
    overall in length.
        ``(B) A vessel carrying more than a number of passengers for 
    hire determined by the Secretary.
        ``(C) A towing vessel of more than 26 feet overall in length 
    and 600 horsepower.
        ``(D) Any other vessel for which the Secretary decides that an 
    automatic identification system is necessary for the safe 
    navigation of the vessel.
    ``(2) The Secretary may--
        ``(A) exempt a vessel from paragraph (1) if the Secretary finds 
    that an automatic identification system is not necessary for the 
    safe navigation of the vessel on the waters on which the vessel 
    operates; and
        ``(B) waive the application of paragraph (1) with respect to 
    operation of vessels on navigable waters of the United States 
    specified by the Secretary if the Secretary finds that automatic 
    identification systems are not needed for safe navigation on those 
    waters.
    ``(b) Regulations.--The Secretary shall prescribe regulations 
implementing subsection (a), including requirements for the operation 
and maintenance of the automatic identification systems required under 
subsection (a).

``Sec. 70115. Long-range vessel tracking system

    ``The Secretary may develop and implement a long-range automated 
vessel tracking system for all vessels in United States waters that are 
equipped with the Global Maritime Distress and Safety System or 
equivalent satellite technology. The system shall be designed to 
provide the Secretary the capability of receiving information on vessel 
positions at interval positions appropriate to deter transportation 
security incidents. The Secretary may use existing maritime 
organizations to collect and monitor tracking information under the 
system.

``Sec. 70116. Secure systems of transportation

    ``(a) In General.--The Secretary, in consultation with the 
Transportation Security Oversight Board, shall establish a program to 
evaluate and certify secure systems of international intermodal 
transportation.
    ``(b) Elements of Program.--The program shall include--
        ``(1) establishing standards and procedures for screening and 
    evaluating cargo prior to loading in a foreign port for shipment to 
    the United States either directly or via a foreign port;
        ``(2) establishing standards and procedures for securing cargo 
    and monitoring that security while in transit;
        ``(3) developing performance standards to enhance the physical 
    security of shipping containers, including standards for seals and 
    locks;
        ``(4) establishing standards and procedures for allowing the 
    United States Government to ensure and validate compliance with 
    this program; and
        ``(5) any other measures the Secretary considers necessary to 
    ensure the security and integrity of international intermodal 
    transport movements.

``Sec. 70117. Civil penalty

    ``Any person that violates this chapter or any regulation under 
this chapter shall be liable to the United States for a civil penalty 
of not more than $25,000 for each violation.''.
    (b) Conforming Amendment.--The table of subtitles at the beginning 
of title 46, United States Code, is amended by adding at the end the 
following:

``VI. MISCELLANEOUS............................................ 70101''.

    (c) Deadline.--The Secretary shall establish the plans required 
under section 70104(a)(1) of title 46, United States Code, as enacted 
by this Act, before April 1, 2003.
    (d) Rulemaking Requirements.--
        (1) Interim final rule authority.--The Secretary shall issue an 
    interim final rule as a temporary regulation implementing this 
    section (including the amendments made by this section) as soon as 
    practicable after the date of enactment of this section, without 
    regard to the provisions of chapter 5 of title 5, United States 
    Code. All regulations prescribed under the authority of this 
    subsection that are not earlier superseded by final regulations 
    shall expire not later than 1 year after the date of enactment of 
    this Act.
        (2) Initiation of rulemaking.--The Secretary may initiate a 
    rulemaking to implement this section (including the amendments made 
    by this section) as soon as practicable after the date of enactment 
    of this section. The final rule issued pursuant to that rulemaking 
    may supersede the interim final rule promulgated under this 
    subsection.
    (e) Phase-In of Automatic Identification System.--
        (1) Schedule.--Section 70114 of title 46, United States Code, 
    as enacted by this Act, shall apply as follows:
            (A) On and after January 1, 2003, to any vessel built after 
        that date.
            (B) On and after July 1, 2003, to any vessel built before 
        the date referred to in subparagraph (A) that is--
                (i) a passenger vessel required to carry a certificate 
            under the International Convention for the Safety of Life 
            at Sea, 1974 (SOLAS);
                (ii) a tanker; or
                (iii) a towing vessel engaged in moving a tank vessel.
            (C) On and after December 31, 2004, to all other vessels 
        built before the date referred to in subparagraph (A).
        (2) Definition.--The terms in this subsection have the same 
    meaning as those terms have under section 2101 of title 46, United 
    States Code.

SEC. 103. INTERNATIONAL SEAFARER IDENTIFICATION.

    (a) Treaty Initiative.--The Secretary of the department in which 
the Coast Guard is operating is encouraged to negotiate an 
international agreement, or an amendment to an international agreement, 
that provides for a uniform, comprehensive, international system of 
identification for seafarers that will enable the United States and 
another country to establish authoritatively the identity of any 
seafarer aboard a vessel within the jurisdiction, including the 
territorial waters, of the United States or such other country.
    (b) Legislative Alternative.--If the Secretary fails to complete a 
negotiation process undertaken under subsection (a) within 24 months 
after the date of enactment of this Act, the Secretary shall transmit 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a draft of legislation that, if enacted, would 
establish a uniform, comprehensive system of identification for 
seafarers.

SEC. 104. EXTENSION OF SEAWARD JURISDICTION.

    (a) Definition of Territorial Waters.--Section 1 of title XIII of 
the Act of June 15, 1917 (50 U.S.C. 195; 40 Stat. 231) is amended--
        (1) by striking ``The term `United States' as used in this Act 
    includes'' and inserting the following:
    ``In this Act:
        ``(1) United states.--The term `United States' includes''; and
        (2) by adding at the end the following:
        ``(2) Territorial waters.--The term `territorial waters of the 
    United States' includes all waters of the territorial sea of the 
    United States as described in Presidential Proclamation 5928 of 
    December 27, 1988.''.
    (b) Civil Penalty for Violation of Act of June 15, 1917.--Section 2 
of title II of the Act of June 15, 1917 (50 U.S.C. 192), is amended--
        (1) by inserting ``(a) In General.--'' before ``If'' in the 
    first undesignated paragraph;
        (2) by striking ``(a) If any other'' and inserting ``(b) 
    Application to Others.--If any other''; and
        (3) by adding at the end the following:
    ``(c) Civil Penalty.--A person violating this Act, or a regulation 
prescribed under this Act, shall be liable to the United States 
Government for a civil penalty of not more than $25,000 for each 
violation. Each day of a continuing violation shall constitute a 
separate violation.''.
    SEC. 105. SUSPENSION OF LIMITATION ON STRENGTH OF COAST GUARD.
    (a) Personnel End Strengths.--Section 661(a) of title 14, United 
States Code, is amended by adding at the end the following: ``If at the 
end of any fiscal year there is in effect a declaration of war or 
national emergency, the President may defer the effectiveness of any 
end-strength limitation with respect to that fiscal year prescribed by 
law for any military or civilian component of the Coast Guard, for a 
period not to exceed 6 months after the end of the war or termination 
of the national emergency.''.
    (b) Officers in Coast Guard Reserve.--Section 724 of title 14, 
United States Code, is amended by adding at the end thereof the 
following:
    ``(c) Deferral of Limitation.--If at the end of any fiscal year 
there is in effect a declaration of war or national emergency, the 
President may defer the effectiveness of any end-strength limitation 
with respect to that fiscal year prescribed by law for any military or 
civilian component of the Coast Guard Reserve, for a period not to 
exceed 6 months after the end of the war or termination of the national 
emergency.''.

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

    (a) In General.--The following provisions of the Deepwater Port Act 
of 1974 (33 U.S.C. 1501 et seq.) are each amended by inserting ``or 
natural gas'' after ``oil'' each place it appears:
        (1) Section 2(a) (33 U.S.C. 1501(a)).
        (2) Section 4(a) (33 U.S.C. 1503(a)).
        (3) Section 21(a) (33 U.S.C. 1520(a)).
    (b) Definitions.--Section 3 of the Deepwater Port Act of 1974 (33 
U.S.C. 1502) is amended--
        (1) by redesignating paragraphs (13) through (18) as paragraphs 
    (14) through (19), respectively;
        (2) by amending paragraph (9) to read as follows:
        ``(9) `deepwater port'--
            ``(A) means any fixed or floating manmade structure other 
        than a vessel, or any group of such structures, that are 
        located beyond State seaward boundaries and that are used or 
        intended for use as a port or terminal for the transportation, 
        storage, or further handling of oil or natural gas for 
        transportation to any State, except as otherwise provided in 
        section 23, and for other uses not inconsistent with the 
        purposes of this Act, including transportation of oil or 
        natural gas from the United States outer continental shelf;
            ``(B) includes all components and equipment, including 
        pipelines, pumping stations, service platforms, buoys, mooring 
        lines, and similar facilities to the extent they are located 
        seaward of the high water mark;
            ``(C) in the case of a structure used or intended for such 
        use with respect to natural gas, includes all components and 
        equipment, including pipelines, pumping or compressor stations, 
        service platforms, buoys, mooring lines, and similar facilities 
        that are proposed or approved for construction and operation as 
        part of a deepwater port, to the extent that they are located 
        seaward of the high water mark and do not include 
        interconnecting facilities; and
            ``(D) shall be considered a `new source' for purposes of 
        the Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.);''; and
        (3) by inserting after paragraph (12) the following:
        ``(13) `natural gas' means either natural gas unmixed, or any 
    mixture of natural or artificial gas, including compressed or 
    liquefied natural gas;''.
    (c) Facility Approval.--(1) Section 5(d) of the Deepwater Port Act 
of 1974 (33 U.S.C. 1504(d)) is amended by adding at the end the 
following:
    ``(4) This subsection shall not apply to deepwater ports for 
natural gas.''.
    (2) Section 5(i) of the Deepwater Port Act of 1974 (33 U.S.C. 
1504(i)) is amended by adding at the end the following:
    ``(4) The Secretary shall approve or deny any application for a 
deepwater port for natural gas submitted pursuant to this Act not later 
than 90 days after the last public hearing on a proposed license. 
Paragraphs (1), (2), and (3) of this subsection shall not apply to an 
application for a deepwater port for natural gas.''.
    (d) Facility Development.--Section 8 of the Deepwater Port Act of 
1974 (33 U.S.C. 1507) is amended by adding at the end the following:
    ``(d) Managed Access.--Subsections (a) and (b) shall not apply to 
deepwater ports for natural gas. A licensee of a deepwater port for 
natural gas, or an affiliate thereof, may exclusively utilize the 
entire capacity of the deepwater port and storage facilities for the 
acceptance, transport, storage, regasification, or conveyance of 
natural gas produced, processed, marketed, or otherwise obtained by 
agreement by such licensee or its affiliates. The licensee may make 
unused capacity of the deepwater port and storage facilities available 
to other persons, pursuant to reasonable terms and conditions imposed 
by the licensee, if such use does not otherwise interfere in any way 
with the acceptance, transport, storage, regasification, or conveyance 
of natural gas produced, processed, marketed, or otherwise obtained by 
agreement by such licensee or its affiliates.
    ``(e) Jurisdiction.--Notwithstanding any provision of the Natural 
Gas Act (15 U.S.C. 717 et seq.), any regulation or rule issued 
thereunder, or section 19 as it pertains to such Act, this Act shall 
apply with respect to the licensing, siting, construction, or operation 
of a deepwater natural gas port or the acceptance, transport, storage, 
regasification, or conveyance of natural gas at or through a deepwater 
port, to the exclusion of the Natural Gas Act or any regulation or rule 
issued thereunder.''.
    (e) Regulations.--
        (1) Agency and department expertise and responsibilities.--Not 
    later than 30 days after the date of the enactment of this Act, the 
    heads of Federal departments or agencies having expertise 
    concerning, or jurisdiction over, any aspect of the construction or 
    operation of deepwater ports for natural gas shall transmit to the 
    Secretary of Transportation written comments as to such expertise 
    or statutory responsibilities pursuant to the Deepwater Port Act of 
    1974 (33 U.S.C. 1501 et seq.) or any other Federal law.
        (2) Interim final rule.--The Secretary may issue an interim 
    final rule as a temporary regulation implementing this section 
    (including the amendments made by this section) as soon as 
    practicable after the date of enactment of this section, without 
    regard to the provisions of chapter 5 of title 5, United States 
    Code.
        (3) Final rules.--As soon as practicable after the date of the 
    enactment of this Act, the Secretary of Transportation shall issue 
    additional final rules that, in the discretion of the Secretary, 
    are determined to be necessary under the Deepwater Port Act of 1974 
    (33 U.S.C. 1501 et seq.) for the application and issuance of 
    licenses for a deepwater port for natural gas.
    (f) Environmental Analysis.--Section 5 of the Deepwater Port Act of 
1974 (33 U.S.C. 1504) is amended by striking subsection (f) and 
inserting the following:
    ``(f) NEPA Compliance.--For all applications, the Secretary, in 
cooperation with other involved Federal agencies and departments, shall 
comply with the National Environmental Policy Act of 1969 (42 U.S.C. 
4332). Such compliance shall fulfill the requirement of all Federal 
agencies in carrying out their responsibilities under the National 
Environmental Policy Act of 1969 pursuant to this Act.''.
    (g) State Fees.--Section 5(h)(2) of the Deepwater Port Act of 1974 
(33 U.S.C. 1504(h)(2)) is amended by inserting ``and unless prohibited 
by law,'' after ``Notwithstanding any other provision of this Act,''.
    SEC. 107. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS AND 
      ENHANCED USE OF OTHER SECURITY PERSONNEL.
    (a) In General.--Section 7(b) of the Ports and Waterways Safety Act 
(33 U.S.C. 1226(b)) is amended--
        (1) by striking ``and'' after the semicolon in paragraph (1);
        (2) by striking ``terrorism.'' in paragraph (2) and inserting 
    ``terrorism; and''; and
        (3) by adding at the end the following:
        ``(3) dispatch properly trained and qualified armed Coast Guard 
    personnel on vessels and public or commercial structures on or 
    adjacent to waters subject to United States jurisdiction to deter 
    or respond to acts of terrorism or transportation security 
    incidents, as defined in section 70101 of title 46, United States 
    Code.''.
    (b) Report on Use of Non-Coast Guard Personnel.--The Secretary of 
the department in which the Coast Guard is operating shall evaluate and 
report to the Congress on--
        (1) the potential use of Federal, State, or local government 
    personnel, and documented United States Merchant Marine personnel, 
    to supplement Coast Guard personnel under section 7(b)(3) of the 
    Ports and Waterways Safety Act (33 U.S.C. 1226(b)(3));
        (2) the possibility of using personnel other than Coast Guard 
    personnel to carry out Coast Guard personnel functions under that 
    section and whether additional legal authority would be necessary 
    to use such personnel for such functions; and
        (3) the possibility of utilizing the United States Merchant 
    Marine Academy, State maritime academies, or Coast Guard approved 
    maritime industry schools in the United States, to provide training 
    under that section.
    SEC. 108. TECHNICAL AMENDMENTS CONCERNING THE TRANSMITTAL OF 
      CERTAIN INFORMATION TO THE CUSTOMS SERVICE.
    (a) Tariff Act of 1930.--Section 431A(d) of the Tariff Act of 1930, 
as added by section 343(b) of the Trade Act of 2002 (Public Law 107-
210), is amended to read as follows:
    ``(d) Reporting of Undocumented Cargo.--
        ``(1) In general.--A vessel carrier shall notify the Customs 
    Service of any cargo tendered to such carrier that is not properly 
    documented pursuant to this section and that has remained in the 
    marine terminal for more than 48 hours after being delivered to the 
    marine terminal, and the location of the cargo in the marine 
    terminal.
        ``(2) Sharing arrangements.--For vessel carriers that are 
    members of vessel sharing agreements (or any other arrangement 
    whereby a carrier moves cargo on another carrier's vessel), the 
    vessel carrier accepting the booking shall be responsible for 
    reporting undocumented cargo, without regard to whether it operates 
    the vessel on which the transportation is to be made.
        ``(3) Reassignment to another vessel.--For purposes of this 
    subsection and subsection (f), if merchandise has been tendered to 
    a marine terminal operator and subsequently reassigned for carriage 
    on another vessel, the merchandise shall be considered properly 
    documented if the information provided reflects carriage on the 
    previously assigned vessel and otherwise meets the requirements of 
    subsection (b). Notwithstanding the preceding sentence, it shall be 
    the responsibility of the vessel carrier to notify the Customs 
    Service promptly of any reassignment of merchandise for carriage on 
    a vessel other than the vessel on which the merchandise was 
    originally assigned.
        ``(4) Multiple containers.--If a single shipment is comprised 
    of multiple containers, the 48-hour period described in paragraph 
    (1) shall begin to run from the time the last container of the 
    shipment is delivered to the marine terminal operator. It shall be 
    the responsibility of the person tendering the cargo to inform the 
    carrier that the shipment consists of multiple containers that will 
    be delivered to the marine terminal operator at different times as 
    part of a single shipment.''.
    (b) Mandatory Advanced Electronic Information.--Section 343(a) of 
the Trade Act of 2002 (Public Law 107-210) is amended--
        (1) by striking paragraph (1) and inserting the following:
        ``(1) In general.--(A) Subject to paragraphs (2) and (3), the 
    Secretary is authorized to promulgate regulations providing for the 
    transmission to the Customs Service, through an electronic data 
    interchange system, of information pertaining to cargo to be 
    brought into the United States or to be sent from the United 
    States, prior to the arrival or departure of the cargo.
        ``(B) The Secretary shall endeavor to promulgate an initial set 
    of regulations under subparagraph (A) not later than October 1, 
    2003.''.
        (2) by striking paragraph (2) and inserting the following:
        ``(2) Information required.--The cargo information required by 
    the regulations promulgated pursuant to paragraph (1) under the 
    parameters set forth in paragraph (3) shall be such information on 
    cargo as the Secretary determines to be reasonably necessary to 
    ensure cargo safety and security pursuant to those laws enforced 
    and administered by the Customs Service. The Secretary shall 
    provide to appropriate Federal departments and agencies cargo 
    information obtained pursuant to paragraph (1).''; and
        (3) in paragraph (3)--
            (A) by striking ``aviation, maritime, and surface 
        transportation safety and security'' in subparagraphs (F), (H), 
        and (L)(ii) and inserting ``cargo safety and security'';
            (B) in subparagraph (F)--
                (i) by inserting ``merchandise'' after ``determining'';
                (ii) by inserting ``and preventing smuggling'' after 
            ``security''; and
                (iii) by adding at the end the following: 
            ``Notwithstanding the preceding sentence, nothing in this 
            section shall be treated as amending, repealing, or 
            otherwise modifying title IV of the Tariff Act of 1930 or 
            regulations promulgated thereunder.'';
            (C) in subparagraph (G)--
                (i) in the first sentence--

                    (I) by inserting ``cargo'' after ``confidential''; 
                and
                    (II) by inserting after ``Customs Service'' the 
                following: ``pursuant to such regulations, except for 
                the manifest information collected pursuant to section 
                431 of the Tariff Act of 1930 and required to be 
                available for public disclosure pursuant to section 
                431(c) of such Act.''; and

                (ii) by striking the second sentence; and
            (D) in subparagraph (L)--
                (i) in the matter preceding clause (i)--

                    (I) by striking ``60'' and inserting ``15''; and
                    (II) by striking ``promulgation of regulations'' 
                and inserting ``publication of a final rule pursuant to 
                this section'';

                (ii) by striking ``and'' at the end of clause (iii);
                (iii) by striking the period and inserting ``; and'' at 
            the end of clause (iv); and
                (iv) by inserting at the end the following:
                ``(v) if the Secretary determines to amend the proposed 
            regulations after they have been transmitted to the 
            Committees pursuant to this subparagraph, the Secretary 
            shall transmit the amended regulations to such Committees 
            no later than 5 days prior to the publication of the final 
            rule.''.
    (c) Repeal.--Section 343A of the Trade Act of 2002 (116 Stat. 985) 
is repealed.

SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING.

    (a) In General.--
        (1) Development of standards.--Not later than 6 months after 
    the date of enactment of this Act, the Secretary of Transportation 
    shall develop standards and curriculum to allow for the training 
    and certification of maritime security professionals. In developing 
    these standards and curriculum, the Secretary shall consult with 
    the National Maritime Security Advisory Committee established under 
    section 70112 of title 46, United States Code, as amended by this 
    Act.
        (2) Secretary to consult on standards.--In developing standards 
    under this section, the Secretary may, without regard to the 
    Federal Advisory Committee Act (5 U.S.C. App.), consult with the 
    Federal Law Enforcement Training Center, the United States Merchant 
    Marine Academy's Global Maritime and Transportation School, the 
    Maritime Security Council, the International Association of Airport 
    and Port Police, the National Cargo Security Council, and any other 
    Federal, State, or local government or law enforcement agency or 
    private organization or individual determined by the Secretary to 
    have pertinent expertise.
    (b) Minimum Standards.--The standards established by the Secretary 
under subsection (a) shall include the following elements:
        (1) The training and certification of maritime security 
    professionals in accordance with accepted law enforcement and 
    security guidelines, policies, and procedures, including, as 
    appropriate, recommendations for incorporating a background check 
    process for personnel trained and certified in foreign ports.
        (2) The training of students and instructors in all aspects of 
    prevention, detection, investigation, and reporting of criminal 
    activities in the international maritime environment.
        (3) The provision of off-site training and certification 
    courses and certified personnel at United States and foreign ports 
    used by United States-flagged vessels, or by foreign-flagged 
    vessels with United States citizens as passengers or crewmembers, 
    to develop and enhance security awareness and practices.
    (c) Training Provided to Law Enforcement and Security Personnel.--
        (1) In general.--The Secretary is authorized to make the 
    training opportunities provided under this section available to any 
    Federal, State, local, and private law enforcement or maritime 
    security personnel in the United States or to personnel employed in 
    foreign ports used by vessels with United States citizens as 
    passengers or crewmembers.
        (2) Academies and schools.--The Secretary may provide training 
    under this section at--
            (A) each of the 6 State maritime academies;
            (B) the United States Merchant Marine Academy;
            (C) the Appalachian Transportation Institute; and
            (D) other security training schools in the United States.
    (d) Use of Contract Resources.--The Secretary may employ Federal 
and contract resources to train and certify maritime security 
professionals in accordance with the standards and curriculum developed 
under this Act.
    (e) Annual Report.--The Secretary shall transmit an annual report 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation and 
Infrastructure on the expenditure of appropriated funds and the 
training under this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $5,500,000 for 
each of fiscal years 2003 through 2008.

SEC. 110. ADDITIONAL REPORTS.

    (a) Annual Report on Maritime Security and Terrorism.--Section 905 
of the International Maritime and Port Security Act (46 U.S.C. App. 
1802) is amended by adding at the end thereof the following: 
``Beginning with the first report submitted under this section after 
the date of enactment of the Maritime Transportation Security Act of 
2002, the Secretary shall include a description of activities 
undertaken under title I of that Act and an analysis of the effect of 
those activities on port security against acts of terrorism.''.
    (b) Report on Training Center.--The Commandant of the United States 
Coast Guard, in conjunction with the Secretary of the Navy, shall 
submit to Congress a report, at the time they submit their fiscal year 
2005 budget, on the life cycle costs and benefits of creating a Center 
for Coastal and Maritime Security. The purpose of the Center would be 
to provide an integrated training complex to prevent and mitigate 
terrorist threats against coastal and maritime assets of the United 
States, including ports, harbors, ships, dams, reservoirs, and 
transport nodes.
    (c) Report on Secure System of Transportation Program.--Within 1 
year after the secure system of transportation program is implemented 
under section 70116 of title 46, United States Code, as amended by this 
Act, the Secretary of the department in which the Coast Guard is 
operating shall transmit a report to the Senate Committees on Commerce, 
Science, and Transportation and Finance and the House of 
Representatives Committees on Transportation and Infrastructure and 
Ways and Means that--
        (1) evaluates the secure system of transportation program and 
    its components;
        (2) states the Secretary's view as to whether any procedure, 
    system, or technology evaluated as part of the program offers a 
    higher level of security than requiring imported goods to clear 
    customs under existing procedures and for the requirements of the 
    National Maritime Security Plan for reopening of United States 
    ports to commerce;
        (3) states the Secretary's view as to the integrity of the 
    procedures, technology, or systems evaluated as part of the 
    program;
        (4) makes a recommendation with respect to whether the program, 
    or any procedure, system, or technology should be incorporated in a 
    nationwide system for preclearance of imports of waterborne goods 
    and for the requirements of the National Maritime Security Plan for 
    the reopening of United States ports to Commerce;
        (5) describes the impact of the program on staffing levels at 
    the department in which the Coast Guard is operating, and the 
    Customs Service; and
        (6) states the Secretary's views as to whether there is a 
    method by which the United States could validate foreign ports so 
    that cargo from those ports is preapproved for entry into the 
    United States and for the purpose of the requirements of the 
    National Maritime Security Plan for the reopening of United States 
    ports to commerce.

SEC. 111. PERFORMANCE STANDARDS.

    Not later than January 1, 2004, the Secretary of the department in 
which the Coast Guard is operating, in consultation with the 
Transportation Security Oversight Board, shall--
        (1) develop and maintain an antiterrorism cargo identification, 
    tracking, and screening system for containerized cargo shipped to 
    and from the United States either directly or via a foreign port; 
    and
        (2) develop performance standards to enhance the physical 
    security of shipping containers, including standards for seals and 
    locks.

SEC. 112. REPORT ON FOREIGN-FLAG VESSELS.

    Within 6 months after the date of enactment of this Act and every 
year thereafter, the Secretary of the department in which the Coast 
Guard is operating, in consultation with the Secretary of State, shall 
provide a report to the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Transportation and 
Infrastructure of the House of Representatives that lists the following 
information:
        (1) A list of all nations whose flag vessels have entered 
    United States ports in the previous year.
        (2) Of the nations on that list, a separate list of those 
    nations--
            (A) whose registered flag vessels appear as Priority III or 
        higher on the Boarding Priority Matrix maintained by the Coast 
        Guard;
            (B) that have presented, or whose flag vessels have 
        presented, false, intentionally incomplete, or fraudulent 
        information to the United States concerning passenger or cargo 
        manifests, crew identity or qualifications, or registration or 
        classification of their flag vessels;
            (C) whose vessel registration or classification procedures 
        have been found by the Secretary to be noncompliant with 
        international classifications or do not exercise adequate 
        control over safety and security concerns; or
            (D) whose laws or regulations are not sufficient to allow 
        tracking of ownership and registration histories of registered 
        flag vessels.
        (3) Actions taken by the United States, whether through 
    domestic action or international negotiation, including agreements 
    at the International Maritime Organization under section 902 of the 
    International Maritime and Port Security Act (46 U.S.C. App. 1801), 
    to improve transparency and security of vessel registration 
    procedures in nations on the list under paragraph (2).
        (4) Recommendations for legislative or other actions needed to 
    improve security of United States ports against potential threats 
    posed by flag vessels of nations named in paragraph (2).

SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE.

    The Secretary of Transportation, acting through the Maritime 
Administration and after consultation with the National Maritime 
Security Advisory Committee and the Coast Guard, shall publish a 
revised version of the document entitled ``Port Security: A National 
Planning Guide'', incorporating the requirements prescribed under 
chapter 701 of title 46, United States Code, as amended by this Act, 
within 3 years after the date of enactment of this Act, and make that 
revised document available on the Internet.

                 TITLE II--MARITIME POLICY IMPROVEMENT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Maritime Policy Improvement Act of 
2002''.

SEC. 202. VESSEL COASTAL VENTURE.

    Section 1120(g) of the Coast Guard Authorization Act of 1996 
(Public Law 104-324; 110 Stat. 3978) is amended by inserting ``COASTAL 
VENTURE (United States official number 971086),'' after ``vessels''.
    SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL WALL OF 
      HONOR.
    (a) Findings.--The Congress finds that--
        (1) the United States Merchant Marine has served the people of 
    the United States in all wars since 1775;
        (2) the United States Merchant Marine served as the Nation's 
    first navy and defeated the British Navy to help gain the Nation's 
    independence;
        (3) the United States Merchant Marine kept the lifeline of 
    freedom open to the allies of the United States during the Second 
    World War, making one of the most significant contributions made by 
    any nation to the victory of the allies in that war;
        (4) President Franklin D. Roosevelt and many military leaders 
    praised the role of the United States Merchant Marine as the 
    ``Fourth Arm of Defense'' during the Second World War;
        (5) more than 250,000 men and women served in the United States 
    Merchant Marine during the Second World War;
        (6) during the Second World War, members of the United States 
    Merchant Marine faced dangers from the elements and from 
    submarines, mines, armed raiders, destroyers, aircraft, and 
    ``kamikaze'' pilots;
        (7) during the Second World War, at least 6,830 members of the 
    United States Merchant Marine were killed at sea;
        (8) during the Second World War, 11,000 members of the United 
    States Merchant Marine were wounded, at least 1,100 of whom later 
    died from their wounds;
        (9) during the Second World War, 604 members of the United 
    States Merchant Marine were taken prisoner;
        (10) one in 32 members of the United States Merchant Marine 
    serving in the Second World War died in the line of duty, suffering 
    a higher percentage of war-related deaths than any of the other 
    armed services of the United States; and
        (11) the United States Merchant Marine continues to serve the 
    United States, promoting freedom and meeting the high ideals of its 
    former members.
    (b) Grants To Construct Addition to American Merchant Marine 
Memorial Wall of Honor.--
        (1) In general.--The Secretary of Transportation may make 
    grants to the American Merchant Marine Veterans Memorial Committee, 
    Inc., to construct an addition to the American Merchant Marine 
    Memorial Wall of Honor located at the Los Angeles Maritime Museum 
    in San Pedro, California.
        (2) Federal share.--The Federal share of the cost of activities 
    carried out with a grant made under this section shall be 50 
    percent.
        (3) Authorization of appropriations.--There is authorized to be 
    appropriated to carry out this section $500,000 for fiscal year 
    2003.

SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.

    Notwithstanding any other provision of law, the discharge from a 
vessel of any agricultural cargo residue material in the form of hold 
washings shall be governed exclusively by the provisions of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) that implement 
Annex V to the International Convention for the Prevention of Pollution 
from Ships.
    SEC. 205. RECORDING AND DISCHARGING NOTICES OF CLAIM OF MARITIME 
      LIEN.
    (a) Liens on Any Documented Vessel.--
        (1) In general.--Section 31343 of title 46, United States Code, 
    is amended as follows:
            (A) By amending the section heading to read as follows:
``Sec. 31343. Recording and discharging notices of claim of maritime 
      lien''.
            (B) In subsection (a) by striking ``covered by a preferred 
        mortgage filed or recorded under this chapter'' and inserting 
        ``documented, or for which an application for documentation has 
        been filed, under chapter 121''.
            (C) By amending subsection (b) to read as follows:
    ``(b)(1) The Secretary shall record a notice complying with 
subsection (a) of this section if, when the notice is presented to the 
Secretary for recording, the person having the claim files with the 
notice a declaration stating the following:
        ``(A) The information in the notice is true and correct to the 
    best of the knowledge, information, and belief of the individual 
    who signed it.
        ``(B) A copy of the notice, as presented for recordation, has 
    been sent to each of the following:
            ``(i) The owner of the vessel.
            ``(ii) Each person that recorded under subsection (a) of 
        this section an unexpired notice of a claim of an undischarged 
        lien on the vessel.
            ``(iii) The mortgagee of each mortgage filed or recorded 
        under section 31321 of this title that is an undischarged 
        mortgage on the vessel.
    ``(2) A declaration under this subsection filed by a person that is 
not an individual must be signed by the president, member, partner, 
trustee, or other individual authorized to execute the declaration on 
behalf of the person.''.
            (D) By amending subsection (c) to read as follows:
    ``(c)(1) On full and final discharge of the indebtedness that is 
the basis for a notice of claim of lien recorded under subsection (b) 
of this section, the person having the claim shall provide the 
Secretary with an acknowledged certificate of discharge of the 
indebtedness. The Secretary shall record the certificate.
    ``(2) The district courts of the United States shall have 
jurisdiction over a civil action in Admiralty to declare that a vessel 
is not subject to a lien claimed under subsection (b) of this section, 
or that the vessel is not subject to the notice of claim of lien, or 
both, regardless of the amount in controversy or the citizenship of the 
parties. Venue in such an action shall be in the district where the 
vessel is found or where the claimant resides or where the notice of 
claim of lien is recorded. The court may award costs and attorneys fees 
to the prevailing party, unless the court finds that the position of 
the other party was substantially justified or other circumstances make 
an award of costs and attorneys fees unjust. The Secretary shall record 
any such declaratory order.''.
            (E) By adding at the end the following:
    ``(e) A notice of claim of lien recorded under subsection (b) of 
this section shall expire 3 years after the date the lien was 
established, as such date is stated in the notice under subsection (a) 
of this section.
    ``(f) This section does not alter in any respect the law pertaining 
to the establishment of a maritime lien, the remedy provided by such a 
lien, or the defenses thereto, including any defense under the doctrine 
of laches.''.
        (2) Clerical amendment.--The table of sections for chapter 313 
    of title 46, United States Code, is amended by striking the item 
    relating to section 31343 and inserting the following:
``31343. Recording and discharging notices of claim of maritime lien.''.

    (b) Notice Requirements.--Section 31325 of title 46, United States 
Code, is amended as follows:
        (1) In subsection (d)(1)(B) by striking ``a notice of a claim'' 
    and inserting ``an unexpired notice of a claim''.
        (2) In subsection (f)(1) by striking ``a notice of a claim'' 
    and inserting ``an unexpired notice of a claim''.
    (c) Approval of Surrender of Documentation.--Section 12111 of title 
46, United States Code, is amended by adding at the end the following:
    ``(d)(1) The Secretary shall not refuse to approve the surrender of 
the certificate of documentation for a vessel solely on the basis that 
a notice of a claim of a lien on the vessel has been recorded under 
section 31343(a) of this title.
    ``(2) The Secretary may condition approval of the surrender of the 
certificate of documentation for a vessel over 1,000 gross tons.''.
    (d) Technical Correction.--Section 9(c) of the Shipping Act, 1916 
(46 App. U.S.C. 808(c)) is amended in the matter preceding paragraph 
(1) by striking ``Except'' and all that follows through ``12106(e) of 
title 46,'' and inserting ``Except as provided in section 611 of the 
Merchant Marine Act, 1936 (46 App. U.S.C. 1181) and in section 12106(e) 
of title 46,''.
    (e) Effective Date.--This section shall take effect January 1, 
2003.

SEC. 206. TONNAGE OF R/V DAVIDSON.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall prescribe a tonnage measurement as a small 
passenger vessel as defined in section 2101 of title 46, United States 
Code, for the vessel R/V DAVIDSON (United States official number 
D1066485) for purposes of applying the optional regulatory measurement 
under section 14305 of that title.
    (b) Application.--Subsection (a) shall apply only when the vessel 
is operating in compliance with the requirements of section 3301(8) of 
title 46, United States Code.

SEC. 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

    (a) In General.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June 19, 1886 
(24 Stat. 81, chapter 421; 46 App. U.S.C. 289), and sections 12106 and 
12108 of title 46, United States Code, the Secretary of the department 
in which the Coast Guard is operating may issue a certificate of 
documentation with appropriate endorsement for employment in the 
coastwise trade for the following vessels:
        (1) LOOKING GLASS (United States official number 925735).
        (2) YANKEE (United States official number 1076210).
        (3) LUCKY DOG of St. Petersburg, Florida (State of Florida 
    registration number FLZP7569E373).
        (4) ENTERPRIZE (United States official number 1077571).
        (5) M/V SANDPIPER (United States official number 1079439).
        (6) FRITHA (United States official number 1085943).
        (7) PUFFIN (United States official number 697029).
        (8) VICTORY OF BURNHAM (United States official number 663780).
        (9) R'ADVENTURE II (United States official number 905373).
        (10) ANTJA (State of Florida registration number FL3475MA).
        (11) SKIMMER, manufactured by Contour Yachts, Inc. (hull 
    identification number QHG34031D001).
        (12) TOKEENA (State of South Carolina registration number SC 
    1602 BJ).
        (13) DOUBLE EAGLE 2 (United States official number 1042549).
        (14) ENCOUNTER (United States official number 998174).
        (15) AJ (United States official number 599164).
        (16) BARGE 10 (United States official number 1101368).
        (17) NOT A SHOT (United States official number 911064).
        (18) PRIDE OF MANY (Canadian official number 811529).
        (19) AMAZING GRACE (United States official number 92769).
        (20) SHEWHO (United States official number 1104094).
        (21) SOVEREIGN (United States official number 1028144).
        (22) CALEDONIA (United States official number 679530).
        (23) ISLANDER (State of South Carolina identification number SC 
    9279 BJ).
        (24) F/V ANITA J (United States official number 560532).
        (25) F/V HALF MOON BAY (United States official number 615796).
        (26) F/V SUNSET BAY (United States official number 598484).
        (27) BILLIE-B (United States official number 958427).
    (b) Eligibility for Administrative Waivers.--The following vessels 
are deemed to be eligible vessels within the meaning of section 504(2) 
of the Coast Guard Authorization Act of 1998 (46 U.S.C. 12106 note):
        (1) EXCELLENCE III (hull identification number HQZ00255K101).
        (2) ADIOS (hull identification number FAL75003A101).
        (3) LAUDERDALE LADY (United States official number 1103520).
        (4) UNIT ONE (United States official number 1128562).
    (c) Repeal of Jones Act Waiver Administrative Process Sunset; Anti-
fraud Revocation Authority.--
        (1) Repeal of sunset.--Section 505 of the Coast Guard 
    Authorization Act of 1998 (46 U.S.C. 12106 note) is repealed. The 
    repeal of section 505 shall have no effect on the validity of any 
    certificate or endorsement issued under section 502 of that Act.
        (2) Revocation for fraud.--Section 503 of the Coast Guard 
    Authorization Act of 1998 (46 U.S.C. 12106 note) is amended to read 
    as follows:

``SEC. 503. REVOCATION.

    ``(a) Revocation for Fraud.--The Secretary shall revoke a 
certificate or an endorsement issued under section 502, after notice 
and an opportunity for a hearing, if the Secretary determines that the 
certificate or endorsement was obtained by fraud.
    ``(b) Application With Criminal Penalties.--Nothing in this section 
affects--
        ``(1) the criminal prohibition on fraud and false statements 
    provided by section 1001 of title 18, United States Code; or
        ``(2) any other authority of the Secretary to revoke a 
    certificate or endorsement issued under section 502 of this Act.''.
    (d) Technology Demonstration Waiver.--Notwithstanding section 27 of 
the Merchant Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the 
Act of June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 289), 
and sections 12106 and 12108 of title 46, United States Code, the 
Secretary of Transportation may issue a certificate of documentation 
with appropriate endorsement for the sole purpose of technology 
demonstrations (including transporting guests for such demonstration 
who have not contributed consideration for their passage) for the 
vessel FOILCAT (United States official number 1063892).

SEC. 208. EXEMPTION FOR VICTORY SHIPS.

    Section 3302(l)(1) of title 46, United States Code, is amended by 
adding at the end the following:
        ``(D) The SS Red Oak Victory (United States official number 
    249410), owned by the Richmond Museum Association, located in 
    Richmond, California.
        ``(E) The SS American Victory (United States official number 
    248005), owned by Victory Ship, Inc., of Tampa, Florida.
        ``(F) The LST-325, owned by USS LST Ship Memorial, 
    Incorporated, located in Mobile, Alabama.''.

SEC. 209. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.

    (a) Documentation Certificate.--Notwithstanding section 12106 of 
title 46, United States Code, and section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883), and subject to subsection (c) of this 
section, the Secretary of the department in which the Coast Guard is 
operating may issue a certificate of documentation with an appropriate 
endorsement for employment in the coastwise trade for each of the 
vessels listed in subsection (b).
    (b) Vessels Described.--The vessels referred to in subsection (a) 
are the following:
        (1) The former Navy deck barge JIM, having a length of 110 feet 
    and a width of 34 feet.
        (2) The former railroad car barge HUGH, having a length of 185 
    feet and a width of 34 feet.
        (3) The former railroad car barge TOMMY, having a length of 185 
    feet and a width of 34 feet.
    (c) Limitation on Operation.--A vessel issued a certificate of 
documentation under this section may be used only as a floating 
platform for launching fireworks, including transportation of materials 
associated with that use.

SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), chapter 121 of title 46, United States Code, and 
section 1 of the Act of May 28, 1906 (46 App. U.S.C. 292), the 
Secretary of the department in which the Coast Guard is operating shall 
issue a certificate of documentation with appropriate endorsement for 
employment in the coastwise trade for the vessel EAGLE (hull number BK-
1754, United States official number 1091389) if the vessel is--
        (1) owned by a State, a political subdivision of a State, or a 
    public authority chartered by a State;
        (2) if chartered, chartered to a State, a political subdivision 
    of a State, or a public authority chartered by a State;
        (3) operated only in conjunction with--
            (A) scour jet operations; or
            (B) dredging services adjacent to facilities owned by the 
        State, political subdivision, or public authority; and
        (4) externally identified clearly as a vessel of that State, 
    subdivision, or authority.

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

    Notwithstanding section 8 of the Act of June 19, 1886 (46 App. 
U.S.C. 289), beginning on April 1, 2002, the 10 sailboats participating 
in the New World Challenge Race may transport guests, who have not 
contributed consideration for their passage, from and around the ports 
of San Francisco and San Diego, California, before and during stops of 
that race. This section shall have no force or effect beginning on the 
earlier of--
        (1) 60 days after the last competing sailboat reaches the end 
    of that race in San Francisco, California; or
        (2) December 31, 2003.

SEC. 212. VESSEL ASPHALT COMMANDER.

    Notwithstanding any other law or agreement with the United States 
Government, the vessel ASPHALT COMMANDER (United States official number 
663105) may be transferred to or placed under a foreign registry or 
sold to a person that is not a citizen of the United States and 
transferred to or placed under a foreign registry.

SEC. 213. COASTWISE TRADE AUTHORIZATION.

    (a) In General.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883), or any other provision of law 
restricting the operation of a foreign-built vessel in the coastwise 
trade of the United States, the following vessels may, subject to 
subsection (b), engage in the coastwise trade of the United States to 
transport platform jackets from ports in the Gulf of Mexico to sites on 
the Outer Continental Shelf for completion of certain offshore projects 
as follows:
        (1) The H-114, H-627, I-650, and H-851 for the projects known 
    as Atlantis, Thunderhorse, Holstein, and Mad Dog.
        (2) The I-600 for the projects known as Murphy Medusa, Dominion 
    Devil's Tower, and Murphy Front Runner.
    (b) Priority for U.S.-Built Vessels.--Subsection (a) shall not 
apply in instances where a United States-built, United States-
documented vessel with the capacity to transport and launch the 
platform jacket involved or its components is available to transport 
that jacket or its components. In this section, the term ``platform 
jacket'' has the meaning given that term under the thirteenth proviso 
of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as 
amended by subsection (c) of this section.
    (c) Definition.--The thirteenth proviso (pertaining to 
transportation by launch barge) of section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883), is amended by striking the period at 
the end and inserting the following: ``; and for the purposes of this 
proviso, the term `platform jacket' includes any type of offshore 
drilling or production structure or components, including platform 
jackets, tension leg or SPAR platform superstructures (including the 
deck, drilling rig and support utilities, and supporting structure) 
hull (including vertical legs and connecting pontoons or vertical 
cylinder), tower and base sections of a platform jacket, jacket 
structures, and deck modules (known as `topsides') of a hydrocarbon 
development and production platform.''.

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

    (a) In General.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 
(24 Stat. 81, chapter 421; 46 U.S.C. App. 289), and sections 12106 and 
12108 of title 46, United States Code, the Secretary of Transportation 
may issue a certificate of documentation with appropriate endorsement 
for employment in the coastwise trade for a self-propelled tank vessel 
not built in the United States as provided in this section.
    (b) Waiver Requirements.--The Secretary may not grant a waiver 
under subsection (a) unless--
        (1) the person requesting the waiver is a party to a binding 
    legal contract, executed within 24 months after the date of 
    enactment of this Act, with a United States shipyard for the 
    construction in the United States of a self-propelled tank vessel;
        (2) the Secretary determines, on the basis of the terms of the 
    contract, the parties to the contract, the actions of those parties 
    in connection with the contract, and the circumstances under which 
    the contract was executed, that the parties are making a bona fide 
    effort to construct in the United States and deliver a self-
    propelled tank vessel in a timely manner;
        (3) the vessel for which the waiver is granted will meet 
    otherwise applicable requirements of law regarding ownership and 
    operation for vessels employed in the coastwise trade;
        (4) the shipyard owns a facility with sufficient infrastructure 
    to construct the self-propelled tank vessel;
        (5) the self-propelled tank vessel that is the subject of that 
    contract will not be available for use on the contracted delivery 
    date because of a delay in the construction or delivery of the 
    vessel due to unusual circumstances; and
        (6) the Secretary determines that no other suitable tank vessel 
    or vessels, or tank vessel capacity, that would not require such a 
    waiver are reasonably available to the person requesting the 
    waiver.
Prior to making the determination under paragraph (6), the Secretary 
shall provide public notice of a waiver request and shall provide 
persons who may have such suitable tank vessels an opportunity to 
indicate to the requester and the Secretary the particulars of 
available tank vessels or tank vessel capacity not requiring a waiver 
under this section.
    (c) Limitations.--
        (1) Capacity of tank vessel.--The Secretary may not grant a 
    waiver under subsection (a) for a self-propelled tank vessel that 
    has substantially greater capacity than the vessel described in 
    subsection (b)(1).
        (2) Maximum duration of waiver.--The Secretary may not grant a 
    waiver under subsection (a) for a period prior to, or extending 
    more than 48 months after, the original contract delivery date of 
    the vessel described in subsection (b)(1).
        (3) Maximum number of waivers.--The Secretary may grant waivers 
    under subsection (a) for not more than 3 self-propelled tank 
    vessels.
    (d) Determination of Waiver.--
        (1) In general.--A waiver grant under subsection (a) shall 
    terminate on the earlier of--
            (A) the date established by the Secretary as its expiration 
        date under subsection (c)(2); or
            (B) the date that is 60 days after the day on which the 
        vessel described in subsection (b)(1) is delivered.
        (2) Termination for intentional delay.--The Secretary may 
    terminate a waiver granted under subsection (a) at any time if the 
    Secretary determines that the delay in the construction or delivery 
    of the vessel described in subsection (b)(1) is no longer due to 
    unusual circumstances.
    (e) Suspension of Waiver.--The Secretary may suspend a waiver 
granted under subsection (a) for any period of time if the Secretary 
determines that a suitable tank vessel, or suitable tank vessel 
capacity, that would not require such a waiver is reasonably available 
to the person requesting the waiver.
    (f) Contracted-for Vessel Delivery.--If the Secretary grants a 
waiver under subsection (a), the shipyard constructing the vessel 
described in subsection (b)(1) shall deliver the vessel, constructed in 
accordance with the terms of the contract, as soon as practicable after 
the delivery date established by the contract.
    (g) Unusual Circumstances Defined.--In this section, the term 
``unusual circumstances'' means bankruptcy of the shipyard or Acts of 
God (other than ordinary storms or inclement weather conditions), labor 
strikes, acts of sabotage, explosions, fires, or vandalism, and similar 
circumstances beyond the control of the parties to the contract which 
prevent commencement of construction, or timely delivery or completion, 
of a vessel.
    SEC. 215. REALIGNMENT OF POLICY RESPONSIBILITY IN THE DEPARTMENT OF 
      TRANSPORTATION.
    (a) In General.--Section 102 of title 49, United States Code, is 
amended by--
        (1) redesignating subsection (d) as subsection (g), and moving 
    such subsection to appear after subsection (f);
        (2) inserting after subsection (c) the following:
    ``(d) The Department has an Under Secretary of Transportation for 
Policy appointed by the President, by and with the advice and consent 
of the Senate. The Under Secretary shall provide leadership in the 
development of policy for the Department, supervise the policy 
activities of Assistant Secretaries with primary responsibility for 
aviation, international, and other transportation policy development 
and carry out other powers and duties prescribed by the Secretary. The 
Under Secretary acts for the Secretary when the Secretary and the 
Deputy Secretary are absent or unable to serve, or when the offices of 
Secretary and Deputy Secretary are vacant.''; and
        (3) by striking ``Secretary and the Deputy Secretary'' each 
    place it appears in the last sentence of subsection (e), and 
    inserting ``Secretary, Deputy Secretary, and Under Secretary of 
    Transportation for Policy''.
    (b) Position in Executive Service.--Section 5313 of title 5, United 
States Code, is amended by adding at the end the following:
        ``Under Secretary of Transportation for Policy.''.
    (c) Conforming Amendment.--Section 102 of title 49, United States 
Code, is further amended by striking subsection (g), as redesignated by 
subsection (a)(1), on the date that an individual is appointed to the 
position of Under Secretary of Transportation for Policy under 
subsection (d) of such section, as added by subsection (a)(2) of this 
section.

          TITLE III--COAST GUARD PERSONNEL AND MARITIME SAFETY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Coast Guard Personnel and Maritime 
Safety Act of 2002''.

                    Subtitle A--Personnel Management

SEC. 311. COAST GUARD BAND DIRECTOR RANK.

    Section 336(d) of title 14, United States Code, is amended by 
striking ``commander'' and inserting ``captain''.

SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

    (a) In General.--Section 511 of title 14, United States Code, is 
amended to read as follows:
``Sec. 511. Compensatory absence from duty for military personnel at 
    isolated duty stations
    ``The Secretary may grant compensatory absence from duty to 
military personnel of the Coast Guard serving at isolated duty stations 
of the Coast Guard when conditions of duty result in confinement 
because of isolation or in long periods of continuous duty.''.
    (b) Clerical Amendment.--The table of sections for chapter 13 of 
title 14, United States Code, is amended by striking the item relating 
to section 511 and inserting the following:

``511. Compensatory absence from duty for military personnel at isolated 
duty stations.''.

    SEC. 313. ACCELERATED PROMOTION OF CERTAIN COAST GUARD OFFICERS.
    Title 14, United States Code, is amended--
        (1) in section 259, by adding at the end the following:
    ``(c)(1) After selecting the officers to be recommended for 
promotion, a selection board may recommend officers of particular 
merit, from among those officers chosen for promotion, to be placed at 
the top of the list of selectees promulgated by the Secretary under 
section 271(a) of this title. The number of officers that a board may 
recommend to be placed at the top of the list of selectees may not 
exceed the percentages set forth in subsection (b) unless such a 
percentage is a number less than one, in which case the board may 
recommend one officer for such placement. No officer may be recommended 
to be placed at the top of the list of selectees unless he or she 
receives the recommendation of at least a majority of the members of a 
board composed of five members, or at least two-thirds of the members 
of a board composed of more than five members.
    ``(2) The Secretary shall conduct a survey of the Coast Guard 
officer corps to determine if implementation of this subsection will 
improve Coast Guard officer retention. A selection board may not make 
any recommendation under this subsection before the date on which the 
Secretary publishes a finding, based upon the results of the survey, 
that implementation of this subsection will improve Coast Guard officer 
retention.
    ``(3) The Secretary shall submit any finding made by the Secretary 
pursuant to paragraph (2) to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.'';
        (2) in section 260(a), by inserting ``and the names of those 
    officers recommended to be advanced to the top of the list of 
    selectees established by the Secretary under section 271(a) of this 
    title'' after ``promotion''; and
        (3) in section 271(a), by inserting at the end the following: 
    ``The names of all officers approved by the President and 
    recommended by the board to be placed at the top of the list of 
    selectees shall be placed at the top of the list of selectees in 
    the order of seniority on the active duty promotion list.''.

                       Subtitle B--Marine Safety

    SEC. 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-BRIDGE 
      RADIOTELEPHONE ACT.
    Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone Act (33 
U.S.C. 1203(b)), is amended by striking ``United States inside the 
lines established pursuant to section 2 of the Act of February 19, 1895 
(28 Stat. 672), as amended.'' and inserting ``United States, which 
includes all waters of the territorial sea of the United States as 
described in Presidential Proclamation 5928 of December 27, 1988.''.

SEC. 322. MODIFICATION OF VARIOUS REPORTING REQUIREMENTS.

    (a) Termination of Oil Spill Liability Trust Fund Annual Report.--
The report regarding the Oil Spill Liability Trust Fund required by the 
Conference Report (House Report 101-892) accompanying the Department of 
Transportation and Related Agencies Appropriations Act, 1991, as that 
requirement was amended by section 1122 of the Federal Reports 
Elimination and Sunset Act of 1995 (Public Law 104-66), shall no longer 
be submitted to the Congress.
    (b) Preservation of Certain Reporting Requirements.--Section 
3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 
(31 U.S.C. 1113 note) does not apply to any report required to be 
submitted under any of the following provisions of law:
        (1) Coast guard operations and expenditures.--Section 651 of 
    title 14, United States Code.
        (2) Summary of marine casualties reported during prior fiscal 
    year.--Section 6307(c) of title 46, United States Code.
        (3) User fee activities and amounts.--Section 664 of title 46, 
    United States Code.
        (4) Conditions of public ports of the united states.--Section 
    308(c) of title 49, United States Code.
        (5) Activities of federal maritime commission.--Section 208 of 
    the Merchant Marine Act, 1936 (46 App. U.S.C. 1118).
        (6) Activities of interagency coordinating committee on oil 
    pollution research.--Section 7001(e) of the Oil Pollution Act of 
    1990 (33 U.S.C. 2761(e)).
    SEC. 323. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND 
      ADVANCEMENT AUTHORITY.
    Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
2752(b)) is amended by inserting after the first sentence the 
following: ``To the extent that such amount is not adequate, the Coast 
Guard may obtain an advance from the Fund of such sums as may be 
necessary, up to a maximum of $100,000,000, and within 30 days shall 
notify Congress of the amount advanced and the facts and circumstances 
necessitating the advance. Amounts advanced shall be repaid to the Fund 
when, and to the extent that, removal costs are recovered by the Coast 
Guard from responsible parties for the discharge or substantial threat 
of discharge.''.

SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

    (a) Interim Merchant Mariners' Documents.--Section 7302 of title 
46, United States Code, is amended--
        (1) by striking ``A'' in subsection (f) and inserting ``Except 
    as provided in subsection (g), a''; and
        (2) by adding at the end the following:
    ``(g)(1) The Secretary may, pending receipt and review of 
information required under subsections (c) and (d), immediately issue 
an interim merchant mariner's document valid for a period not to exceed 
120 days, to--
        ``(A) an individual to be employed as gaming personnel, 
    entertainment personnel, wait staff, or other service personnel on 
    board a passenger vessel not engaged in foreign service, with no 
    duties, including emergency duties, related to the navigation of 
    the vessel or the safety of the vessel, its crew, cargo or 
    passengers; or
        ``(B) an individual seeking renewal of, or qualifying for a 
    supplemental endorsement to, a valid merchant mariner's document 
    issued under this section.
    ``(2) No more than one interim document may be issued to an 
individual under paragraph (1)(A) of this subsection.''.
    (b) Exception.--Section 8701(a) of title 46, United States Code, is 
amended--
        (1) by striking ``and'' after the semicolon in paragraph (8);
        (2) by redesignating paragraph (9) as paragraph (10); and
        (3) by inserting after paragraph (8) the following:
        ``(9) a passenger vessel not engaged in a foreign voyage with 
    respect to individuals on board employed for a period of not more 
    than 30 service days within a 12 month period as entertainment 
    personnel, with no duties, including emergency duties, related to 
    the navigation of the vessel or the safety of the vessel, its crew, 
    cargo or passengers; and''.
    SEC. 325. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH 
      SAFE OPERATION.
    Section 2302(a) of title 46, United States Code, is amended by 
striking ``$1,000.'' and inserting ``$5,000 in the case of a 
recreational vessel, or $25,000 in the case of any other vessel.''.

                 Subtitle C--Renewal of Advisory Groups

    SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.
    (a) Commercial Fishing Industry Vessel Advisory Committee.--Section 
4508 of title 46, United States Code, is amended--
        (1) by inserting ``Safety'' in the section heading after 
    ``Vessel'';
        (2) by inserting ``Safety'' in subsection (a) after ``Vessel'';
        (3) by striking ``(5 App. U.S.C. 1 et seq.)'' in subsection 
    (e)(1) and inserting ``(5 App. U.S.C.)''; and
        (4) by striking ``on September 30, 2000'' in subsection (e)(1) 
    and inserting ``on September 30, 2005''.
    (b) Conforming Amendment.--The table of sections for chapter 45 of 
title 46, United States Code, is amended by striking the item relating 
to section 4508 and inserting the following:
``4508. Commercial Fishing Industry Vessel Safety Advisory Committee.''.
    SEC. 332. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.
    Section 18(h) of the Coast Guard Authorization Act of 1991 (Public 
Law 102-241) is amended by striking ``September 30, 2000.'' and 
inserting ``September 30, 2005.''.
    SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.
    Section 19(g) of the Coast Guard Authorization Act of 1991 (Public 
Law 102-241) is amended by striking ``September 30, 2000'' and 
inserting ``September 30, 2005''.

SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.

    Section 5(d) of the Inland Navigational Rules Act of 1980 (33 
U.S.C. 2073) is amended by striking ``September 30, 2000'' and 
inserting ``September 30, 2005''.

SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

    Section 13110(e) of title 46, United States Code, is amended by 
striking ``September 30, 2000'' and inserting ``September 30, 2005''.

SEC. 336. TOWING SAFETY ADVISORY COMMITTEE.

    The Act entitled ``An Act to establish a Towing Safety Advisory 
Committee in the Department of Transportation'' approved October 6, 
1980 (33 U.S.C. 1231a), is amended by striking ``September 30, 2000.'' 
in subsection (e) and inserting ``September 30, 2005.''.

                       Subtitle D--Miscellaneous

SEC. 341. PATROL CRAFT.

    Notwithstanding any other provision of law, the Secretary of the 
department in which the Coast Guard is operating may accept, by direct 
transfer without cost, for use by the Coast Guard primarily for 
expanded drug interdiction activities required to meet national supply 
reduction performance goals, up to 7 PC-170 patrol craft from the 
Department of Defense if it offers to transfer such craft.

SEC. 342. BOATING SAFETY.

    (a) General State Revenue Definition.--For fiscal year 2003, the 
term ``general State revenue'' in section 13102(a)(3) of title 46, 
United States Code, includes any amounts expended for the State's 
recreational boating safety program by a State agency, a public 
corporation established under State law, or any other State 
instrumentality, as determined by the Secretary of the department in 
which the Coast Guard is operating.
    (b) Funding.--For fiscal year 2003, the amount available for 
recreational boating safety under section 4(b)(3) of the Act of August 
9, 1950 (16 U.S.C. 777c(b)(3)), is $83,000,000.

SEC. 343. CARIBBEAN SUPPORT TENDER.

    (a) In General.--The Coast Guard is authorized to operate and 
maintain a Caribbean Support Tender (or similar type vessel) to provide 
technical assistance, including law enforcement training, for foreign 
coast guards, navies, and other maritime services.
    (b) Medical and Dental Care.--(1) The Commandant may provide 
medical and dental care to foreign military Caribbean Support Tender 
personnel and their dependents accompanying them in the United States--
        (A) on an outpatient basis without cost; and
        (B) on an inpatient basis if the United States is reimbursed 
    for the costs of providing such care.
Payments received as reimbursement for the provision of such care shall 
be credited to the appropriations against which the charges were made 
for the provision of such care.
    (2) Notwithstanding paragraph (1)(B), the Commandant may provide 
inpatient medical and dental care in the United States without cost to 
foreign military Caribbean Support Tender personnel and their 
dependents accompanying them in the United States if comparable care is 
made available to a comparable number of United States military 
personnel in that foreign country.

SEC. 344. PROHIBITION OF NEW MARITIME USER FEES.

    Section 2110(k) of title 46, United States Code, is amended by 
striking ``2001'' and inserting ``2006''.

SEC. 345. GREAT LAKES LIGHTHOUSES.

    (a) Findings.--The Congress finds the following:
        (1) The Great Lakes are home to more than 400 lighthouses. One 
    hundred and twenty of these maritime landmarks are in the State of 
    Michigan.
        (2) Lighthouses are an important part of Great Lakes culture 
    and stand as a testament to the importance of shipping in the 
    region's political, economic, and social history.
        (3) Advances in navigation technology have made many Great 
    Lakes lighthouses obsolete. In Michigan alone, approximately 70 
    lighthouses will be designated as excess property of the Federal 
    Government and will be transferred to the General Services 
    Administration for disposal.
        (4) Unfortunately, the Federal property disposal process is 
    confusing, complicated, and not well-suited to disposal of historic 
    lighthouses or to facilitate transfers to nonprofit organizations. 
    This is especially troubling because, in many cases, local 
    nonprofit historical organizations have dedicated tremendous 
    resources to preserving and maintaining Great Lakes lighthouses.
        (5) If Great Lakes lighthouses disappear, the public will be 
    unaware of an important chapter in Great Lakes history.
        (6) The National Trust for Historic Preservation has placed 
    Michigan lighthouses on their list of Most Endangered Historic 
    Places.
    (b) Assistance for Great Lakes Lighthouse Preservation Efforts.--
The Secretary of the department in which the Coast Guard is operating, 
may--
        (1) continue to offer advice and technical assistance to 
    organizations in the Great Lakes region that are dedicated to 
    lighthouse stewardship; and
        (2) promptly release information regarding the timing of 
    designations of Coast Guard lighthouses on the Great Lakes as 
    excess to the needs of the Coast Guard, to enable those 
    organizations to mobilize and be prepared to take appropriate 
    action with respect to the disposal of those properties.
    SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE SYSTEM.
    (a) Report.--The Secretary of the department in which the Coast 
Guard is operating shall prepare a status report on the modernization 
of the National Distress and Response System and transmit the report, 
not later than 60 days after the date of enactment of this Act and 
annually thereafter until completion of the project, to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives.
    (b) Contents.--The report required by subsection (a) shall--
        (1) set forth the scope of the modernization, the schedule for 
    completion of the System, and information on progress in meeting 
    the schedule and on any anticipated delays;
        (2) specify the funding expended to-date on the System, the 
    funding required to complete the System, and the purposes for which 
    the funds were or will be expended;
        (3) describe and map the existing public and private 
    communications coverage throughout the waters of the coastal and 
    internal regions of the continental United States, Alaska, Hawaii, 
    Guam, and the Caribbean, and identify locations that possess 
    direction-finding, asset-tracking communications, and digital 
    selective calling service;
        (4) identify areas of high risk to boaters and Coast Guard 
    personnel due to communications gaps;
        (5) specify steps taken by the Secretary to fill existing gaps 
    in coverage, including obtaining direction-finding equipment, 
    digital recording systems, asset-tracking communications, use of 
    commercial VHF services, and digital selective calling services 
    that meet or exceed Global Maritime Distress and Safety System 
    requirements adopted under the International Convention for the 
    Safety of Life at Sea;
        (6) identify the number of VHF-FM radios equipped with digital 
    selective calling sold to United States boaters;
        (7) list all reported marine accidents, casualties, and 
    fatalities occurring in areas with existing communications gaps or 
    failures, including incidents associated with gaps in VHF-FM 
    coverage or digital selected calling capabilities and failures 
    associated with inadequate communications equipment aboard the 
    involved vessels during calendar years 1997 and thereafter;
        (8) identify existing systems available to close all identified 
    marine safety gaps before January 1, 2003, including expeditious 
    receipt and response by appropriate Coast Guard operations centers 
    to VHF-FM digital selective calling distress signal; and
        (9) identify actions taken to-date to implement the 
    recommendations of the National Transportation Safety Board in its 
    Report No. MAR-99-01.
    SEC. 347. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.
    (a) Authority To Convey.--
        (1) In general.--The Secretary of the department in which the 
    Coast Guard is operating, or a designee of the Secretary, may 
    convey to the Gulf of Maine Aquarium Development Corporation, its 
    successors and assigns, without payment for consideration, all 
    right, title, and interest of the United States in and to 
    approximately 4.13 acres of land, including a pier and bulkhead, 
    known as the Naval Reserve Pier property, together with any 
    improvements thereon in their then current condition, located in 
    Portland, Maine. All conditions placed with the deed of title shall 
    be construed as covenants running with the land.
        (2) Identification of property.--The Secretary, in consultation 
    with the Commandant of the Coast Guard, may identify, describe, and 
    determine the property to be conveyed under this section. The 
    floating docks associated with or attached to the Naval Reserve 
    Pier property shall remain the personal property of the United 
    States.
    (b) Lease to the United States.--
        (1) Condition of conveyance.--The Naval Reserve Pier property 
    shall not be conveyed until the Corporation enters into a lease 
    agreement with the United States, the terms of which are mutually 
    satisfactory to the Commandant and the Corporation, in which the 
    Corporation shall lease a portion of the Naval Reserve Pier 
    property to the United States for a term of 30 years without 
    payment of consideration. The lease agreement shall be executed 
    within 12 months after the date of enactment of this Act.
        (2) Identification of leased premises.--The Secretary, in 
    consultation with the Commandant, may identify and describe the 
    leased premises and rights of access, including the following, in 
    order to allow the Coast Guard to operate and perform missions from 
    and upon the leased premises:
            (A) The right of ingress and egress over the Naval Reserve 
        Pier property, including the pier and bulkhead, at any time, 
        without notice, for purposes of access to Coast Guard vessels 
        and performance of Coast Guard missions and other mission-
        related activities.
            (B) The right to berth Coast Guard cutters or other vessels 
        as required in the moorings along the east side of the Naval 
        Reserve Pier property and the right to attach floating docks 
        which shall be owned and maintained at the United States sole 
        cost and expense.
            (C) The right to operate, maintain, remove, relocate, or 
        replace an aid to navigation located upon, or to install any 
        aid to navigation upon, the Naval Reserve Pier property as the 
        Coast Guard, in its sole discretion, may determine is needed 
        for navigational purposes.
            (D) The right to occupy up to 3,000 contiguous gross square 
        feet at the Naval Reserve Pier property for storage and office 
        space, which will be provided and constructed by the 
        Corporation, at the Corporation's sole cost and expense, and 
        which will be maintained, and utilities and other operating 
        expenses paid for, by the United States at its sole cost and 
        expense.
            (E) The right to occupy up to 1,200 contiguous gross square 
        feet of offsite storage in a location other than the Naval 
        Reserve Pier property, which will be provided by the 
        Corporation at the Corporation's sole cost and expense, and 
        which will be maintained, and utilities and other operating 
        expenses paid for, by the United States at its sole cost and 
        expense.
            (F) The right for Coast Guard personnel to park up to 60 
        vehicles, at no expense to the Government, in the Corporation's 
        parking spaces on the Naval Reserve Pier property or in parking 
        spaces that the Corporation may secure within 1,000 feet of the 
        Naval Reserve Pier property or within 1,000 feet of the Coast 
        Guard Marine Safety Office Portland. Spaces for no less than 30 
        vehicles shall be located on the Naval Reserve Pier property.
        (3) Renewal.--The lease described in paragraph (1) may be 
    renewed, at the sole option of the United States, for additional 
    lease terms.
        (4) Limitation on subleases.--The United States may not 
    sublease the leased premises to a third party or use the leased 
    premises for purposes other than fulfilling the missions of the 
    Coast Guard and for other mission related activities.
        (5) Termination.--In the event that the Coast Guard ceases to 
    use the leased premises, the Secretary, in consultation with the 
    Commandant, may terminate the lease with the Corporation.
    (c) Improvement of Leased Premises.--
        (1) In general.--The Naval Reserve Pier property shall not be 
    conveyed until the Corporation enters into an agreement with the 
    United States, subject to the Commandant's design specifications, 
    project's schedule, and final project approval, to replace the 
    bulkhead and pier which connects to, and provides access from, the 
    bulkhead to the floating docks, at the Corporation's sole cost and 
    expense, on the east side of the Naval Reserve Pier property within 
    30 months from the date of conveyance. The agreement to improve the 
    leased premises shall be executed within 12 months after the date 
    of enactment of this Act.
        (2) Further improvements.--In addition to the improvements 
    described in paragraph (1), the Commandant may further improve the 
    leased premises during the lease term, at the United States sole 
    cost and expense.
    (d) Utility Installation and Maintenance Obligations.--
        (1) Utilities.--The Naval Reserve Pier property shall not be 
    conveyed until the Corporation enters into an agreement with the 
    United States to allow the United States to operate and maintain 
    existing utility lines and related equipment, at the United States 
    sole cost and expense. At such time as the Corporation constructs 
    its proposed public aquarium, the Corporation shall replace 
    existing utility lines and related equipment and provide additional 
    utility lines and equipment capable of supporting a third 110-foot 
    Coast Guard cutter, with comparable, new, code compliant utility 
    lines and equipment at the Corporation's sole cost and expense, 
    maintain such utility lines and related equipment from an agreed 
    upon demarcation point, and make such utility lines and equipment 
    available for use by the United States, if the United States pays 
    for its use of utilities at its sole cost and expense. The 
    agreement concerning the operation and maintenance of utility lines 
    and equipment shall be executed within 12 months after the date of 
    enactment of this Act.
        (2) Maintenance.--The Naval Reserve Pier property shall not be 
    conveyed until the Corporation enters into an agreement with the 
    United States to maintain, at the Corporation's sole cost and 
    expense, the replacement bulkhead and pier on the east side of the 
    Naval Reserve Pier property. The agreement concerning the 
    maintenance of the bulkhead and pier shall be executed within 12 
    months after the date of enactment of this Act.
        (3) Aids to navigation.--The United States shall be required to 
    maintain, at its sole cost and expense, any Coast Guard active aid 
    to navigation located upon the Naval Reserve Pier property.
    (e) Additional Rights.--The conveyance of the Naval Reserve Pier 
property shall be made subject to conditions the Secretary considers 
necessary to ensure that--
        (1) the Corporation shall not interfere or allow interference, 
    in any manner, with use of the leased premises by the United 
    States; and
        (2) the Corporation shall not interfere or allow interference, 
    in any manner, with any aid to navigation nor hinder activities 
    required for the operation and maintenance of any aid to 
    navigation, without the express written permission of the head of 
    the agency responsible for operating and maintaining the aid to 
    navigation.
    (f) Remedies and Reversionary Interest.--The Naval Reserve Pier 
property, at the option of the Secretary, shall revert to the United 
States and be placed under the administrative control of the Secretary, 
if, and only if, the Corporation fails to abide by any of the terms of 
this section or any agreement entered into under subsection (b), (c), 
or (d) of this section.
    (g) Liability of the Parties.--The liability of the United States 
and the Corporation for any injury, death, or damage to or loss of 
property occurring on the leased property shall be determined with 
reference to existing State or Federal law, as appropriate, and any 
such liability may not be modified or enlarged by this title or any 
agreement of the parties.
    (h) Expiration of Authority To Convey.--The authority to convey the 
Naval Reserve property under this section shall expire 3 years after 
the date of enactment of this Act.
    (i) Definitions.--In this section, the following definitions apply:
        (1) Aid to navigation.--The term ``aid to navigation'' means 
    equipment used for navigational purposes, including a light, 
    antenna, sound signal, electronic navigation equipment, cameras, 
    sensors power source, or other related equipment which are operated 
    or maintained by the United States.
        (2) Corporation.--The term ``Corporation'' means the Gulf of 
    Maine Aquarium Development Corporation, its successors and assigns.
    SEC. 348. ADDITIONAL COAST GUARD FUNDING NEEDS AFTER SEPTEMBER 11, 
      2001.
    (a) In General.--No later than 90 days after the date of enactment 
of this Act, the Secretary of the department in which the Coast Guard 
is operating shall submit a report to the Congress that--
        (1) compares Coast Guard expenditures by mission area on an 
    annualized basis before and after the terrorist attacks of 
    September 11, 2001;
        (2) estimates--
            (A) annual funding amounts and personnel levels that would 
        restore all Coast Guard mission areas to the readiness levels 
        that existed before September 11, 2001;
            (B) annual funding amounts and personnel levels required to 
        fulfill the Coast Guard's additional responsibilities for port 
        security after September 11, 2001; and
            (C) annual funding amounts and personnel levels required to 
        increase law enforcement needs in mission areas other than port 
        security after September 11, 2001;
        (3) generally describes the services provided by the Coast 
    Guard to the Department of Defense after September 11, 2001, and 
    states the cost of such services; and
        (4) identifies the Federal agency providing funds for those 
    services.
    (b) Report Required.--Not later than 180 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall submit a 
report to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate identifying mission targets for each Coast 
Guard mission for fiscal years 2003, 2004, and 2005 and the specific 
steps necessary to achieve those targets. The Inspector General of the 
department in which the Coast Guard is operating shall review the final 
strategic plan and provide an independent report with its views to the 
Committees within 90 days after the plan has been submitted by the 
Secretary.

SEC. 349. MISCELLANEOUS CONVEYANCES.

    (a) Authority To Convey.--
        (1) In general.--The Secretary of the department in which the 
    Coast Guard is operating may convey, by an appropriate means of 
    conveyance, all right, title, and interest of the United States in 
    and to each of the following properties:
            (A) Coast Guard Slip Point Light Station, located in 
        Clallam County, Washington, to Clallam County, Washington.
            (B) The parcel of land on which is situated the Point Pinos 
        Light, located in Monterey County, California, to the city of 
        Pacific Grove, California.
        (2) Identification of property.--The Secretary may identify, 
    describe, and determine the property to be conveyed under this 
    subsection.
        (3) Limitation.--The Secretary may not under this section 
    convey--
            (A) any historical artifact, including any lens or lantern, 
        located on the property at or before the time of the 
        conveyance; or
            (B) any interest in submerged land.
    (b) General Terms and Conditions.--
        (1) In general.--Each conveyance of property under this section 
    shall be made--
            (A) without payment of consideration; and
            (B) subject to the terms and conditions required by this 
        section and other terms and conditions the Secretary may 
        consider appropriate, including the reservation of easements 
        and other rights on behalf of the United States.
        (2) Reversionary interest.--In addition to any term or 
    condition established under this section, each conveyance of 
    property under this section shall be subject to the condition that 
    all right, title, and interest in the property shall immediately 
    revert to the United States if--
            (A) the property, or any part of the property--
                (i) ceases to be available and accessible to the 
            public, on a reasonable basis, for educational, park, 
            recreational, cultural, historic preservation, or other 
            similar purposes specified for the property in the terms of 
            conveyance;
                (ii) ceases to be maintained in a manner that is 
            consistent with its present or future use as a site for 
            Coast Guard aids to navigation or compliance with this 
            section; or
                (iii) ceases to be maintained in a manner consistent 
            with the conditions in paragraph (4) established by the 
            Secretary pursuant to the National Historic Preservation 
            Act (16 U.S.C. 470 et seq.); or
            (B) at least 30 days before that reversion, the Secretary 
        provides written notice to the owner that the property is 
        needed for national security purposes.
        (3) Maintenance of navigation functions.--Each conveyance of 
    property under this section shall be made subject to the conditions 
    that the Secretary considers to be necessary to assure that--
            (A) the lights, antennas, and associated equipment located 
        on the property conveyed that are active aids to navigation 
        shall continue to be operated and maintained by the United 
        States for as long as they are needed for this purpose;
            (B) the owner of the property may not interfere or allow 
        interference in any manner with aids to navigation without 
        express written permission from the Commandant of the Coast 
        Guard;
            (C) there is reserved to the United States the right to 
        relocate, replace, or add any aid to navigation or make any 
        changes to the property conveyed as may be necessary for 
        navigational purposes;
            (D) the United States shall have the right, at any time, to 
        enter the property without notice for the purpose of operating, 
        maintaining, and inspecting aids to navigation and for the 
        purpose of enforcing compliance with this subsection; and
            (E) the United States shall have an easement of access to 
        and across the property for the purpose of maintaining the aids 
        to navigation in use on the property.
        (4) Maintenance of property.--(A) Subject to subparagraph (B), 
    the owner of a property conveyed under this section shall maintain 
    the property in a proper, substantial, and workmanlike manner, and 
    in accordance with any conditions established by the conveying 
    authority pursuant to the National Historic Preservation Act (16 
    U.S.C. 470 et seq.) and other applicable laws.
        (B) The owner of a property conveyed under this section is not 
    required to maintain any active aid to navigation equipment on the 
    property, except private aids to navigation permitted under section 
    83 of title 14, United States Code.
    (c) Special Terms and Conditions.--The Secretary may retain all 
right, title, and interest of the United States in and to any portion 
of any parcel referred to in subsection (a)(1)(B) that the Secretary 
considers appropriate.
    (d) Definitions.--In this section, the following definitions apply:
        (1) Aids to navigation.--The term ``aids to navigation'' means 
    equipment used for navigation purposes, including a light, antenna, 
    radio, sound signal, electronic navigation equipment, or other 
    associated equipment which are operated or maintained by the United 
    States.
        (2) Owner.--The term ``owner'' means, for a property conveyed 
    under this section, the person identified in subsection (a)(1) of 
    the property and includes any successor or assign of that person.

                TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Omnibus Maritime and Coast Guard 
Improvements Act of 2002''.

SEC. 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

    (a) Housing Contractors.--Section 681(a) of title 14, United States 
Code, is amended by inserting ``, including a small business concern 
qualified under section 8(a) of the Small Business Act (15 U.S.C. 
637(a)),'' after ``private persons''.
    (b) Budget Authority Limitation.--Section 687(f) of title 14, 
United States Code, is amended by striking ``$20,000,000'' and 
inserting ``$40,000,000''.
    (c) Demonstration Project.--Section 687 of title 14, United States 
Code, is amended by adding at the end the following:
    ``(g) Demonstration Project Authorized.--To promote efficiencies 
through the use of alternative procedures for expediting new housing 
projects, the Secretary--
        ``(1) may develop and implement a demonstration project for 
    acquisition or construction of military family housing and military 
    unaccompanied housing on or near the Coast Guard installation at 
    Kodiak, Alaska;
        ``(2) in implementing the demonstration project, shall utilize, 
    to the maximum extent possible, the contracting authority of the 
    Small Business Administration's section 8(a) program;
        ``(3) shall, to the maximum extent possible, acquire or 
    construct such housing through contracts with small business 
    concerns qualified under section 8(a) of the Small Business Act (15 
    U.S.C. 637(a)) that have their principal place of business in the 
    State of Alaska; and
        ``(4) shall report to Congress by September 1 of each year on 
    the progress of activities under the demonstration project.''.
    (d) Extension.--Section 689 of title 14, United States Code, is 
amended by striking ``2001'' and inserting ``2007''.
    SEC. 403. INVENTORY OF VESSELS FOR CABLE LAYING, MAINTENANCE, AND 
      REPAIR.
    (a) Inventory.--The Secretary of Transportation shall develop, 
maintain, and periodically update an inventory of vessels that are 
documented under chapter 121 of title 46, United States Code, are 200 
feet or more in length, and have the capability to lay, maintain, or 
repair a submarine cable, without regard to whether a particular vessel 
is classified as a cable ship or cable vessel.
    (b) Vessel information.--For each vessel listed in the inventory, 
the Secretary shall include in the inventory--
        (1) the name, length, beam, depth, and other distinguishing 
    characteristics of the vessel;
        (2) the abilities and limitations of the vessel with respect to 
    the laying, maintaining, and repairing of a submarine cable; and
        (3) the name and address of the person to whom inquiries 
    regarding the vessel may be made.
    (c) Publication.--The Secretary shall--
        (1) not later than 60 days after the date of enactment of this 
    Act, publish in the Federal Register a current inventory developed 
    under subsection (a); and
        (2) every 6 months thereafter, publish in the Federal Register 
    an updated inventory.

SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.

    (a) In General.--Except in the case of a vessel in distress, only a 
vessel of the United States (as that term is defined in section 2101 of 
title 46, United States Code) may perform the following escort vessel 
operations within the navigable waters of the United States:
        (1) Operations that commence or terminate at a port or place in 
    the United States.
        (2) Operations required by United States law or regulation.
        (3) Operations provided in whole or in part within or through 
    navigation facilities owned, maintained, or operated by the United 
    States Government or the approaches to those facilities, other than 
    facilities operated by the St. Lawrence Seaway Development 
    Corporation on the St. Lawrence River portion of the Seaway.
    (b) Addition to Towing Vessel.--In the case of a vessel being towed 
under section 4370 of the Revised Statutes of the United States (46 
App. U.S.C. 316(a)), an escort vessel is any vessel assigned and 
dedicated to the vessel being towed in addition to any towing vessel 
required under that section.
    (c) Relationship to Other Law.--Nothing in this section shall 
affect or be construed or interpreted to affect or modify section 4370 
of the Revised Statutes of the United States (46 U.S.C. 316(a)).
    (d) Definition.--In this section, the term ``escort vessel'' means 
any vessel that is assigned and dedicated to assist another vessel, 
whether or not tethered to that vessel, solely as a safety precaution 
to assist in controlling the speed or course of the assisted vessel in 
the event of a steering or propulsion equipment failure, or any other 
similar emergency circumstance, or in restricted waters where 
additional assistance in maneuvering the vessel is required to ensure 
its safe operation.
    (e) Penalty.--A person violating this section is liable to the 
United States Government for a civil penalty of not more than $10,000 
for each day during which the violation occurs.

SEC. 405. SEARCH AND RESCUE CENTER STANDARDS.

    (a) In General.--Title 14, United States Code, is amended--
        (1) by redesignating the second section 673 and section 674 in 
    order as sections 674 and 675; and
        (2) by adding at the end of chapter 17 the following:

``Sec. 676. Search and rescue center standards

    ``(a) The Secretary shall establish, implement, and maintain the 
minimum standards necessary for the safe operation of all Coast Guard 
search and rescue center facilities, including with respect to the 
following:
        ``(1) The lighting, acoustics, and temperature in the 
    facilities.
        ``(2) The number of individuals on a shift in the facility 
    assigned search and rescue responsibilities (including 
    communications), which may be adjusted based on seasonal workload.
        ``(3) The length of time an individual may serve on watch to 
    minimize fatigue, based on the best scientific information 
    available.
        ``(4) The scheduling of individuals having search and rescue 
    responsibilities to minimize fatigue of the individual when on duty 
    in the facility.
        ``(5) The workload of each individual engaged in search and 
    rescue responsibilities in the facility.
        ``(6) Stress management for the individuals assigned search and 
    rescue responsibilities in the facilities.
        ``(7) The design of equipment and facilities to minimize 
    fatigue and enhance search and rescue operations.
        ``(8) The acquisition and maintenance of interim search and 
    rescue command center communications equipment.
        ``(9) Any other requirements that the Secretary believes will 
    increase the safe operation of the search and rescue centers.
    ``(b) Sense of Congress.--It is the sense of the Congress that the 
Secretary should establish, implement, and maintain minimum standards 
necessary to ensure that an individual on duty or watch in a Coast 
Guard search and rescue command center facility does not work more than 
12 hours in a 24-hour period, except in an emergency or unforeseen 
circumstances.
    ``(c) Definition.--For the purposes of this section, the term 
`search and rescue center facility' means a Coast Guard shore facility 
that maintains a search and rescue mission coordination and 
communications watch.
    ``(d) Report to Congress.--The Secretary shall provide a quarterly 
written report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure, describing the status of 
implementation of the standards described in subsection (b), including 
a list of the facilities at which such standards have or have not been 
implemented.''.
    (b) Prescription of Standards.--The Secretary shall prescribe the 
standards required under section 675(a) of title 14, United States 
Code, as enacted by subsection (a) of this section, before January 1, 
2003.
    (c) Clerical Amendment.--The table of sections for chapter 17 of 
title 14, United States Code, is amended by striking the second item 
relating to a section 673 and the item relating to a section 674 and 
inserting the following:
``674. Small boat station capability.
``675. Small boat station closures.
``676. Search and rescue center standards.''.

SEC. 406. VHF COMMUNICATIONS SERVICES.

    (a) The Secretary of the department in which the Coast Guard is 
operating may authorize a person providing commercial VHF 
communications services to place commercial VHF communications 
equipment on real property under the administrative control of the 
Coast Guard (including towers) subject to any terms agreed to by the 
parties. The Secretary and that commercial VHF communications service 
provider also may enter into an agreement providing for VHF 
communications services to the Coast Guard (including digital selective 
calling and radio direction finding services) at a discounted rate or 
price based on providing such access to real property under the 
administrative control of the Coast Guard.
    (b) Commercial VHF communication equipment placed on real property 
under the administrative control of the Coast Guard under this section 
shall not interfere in any manner with any current or future Coast 
Guard communication equipment.
    (c) Nothing in this section shall affect the rights or obligations 
of the United States under section 704(c) of the Telecommunications Act 
of 1996 (47 U.S.C. 332 note) with respect to the availability of 
property or under section 359(d) of the Communications Act of 1934 (47 
U.S.C. 357(d)) with respect to charges for transmission of distress 
messages.
    SEC. 407. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY ACTIVITIES.
    There is authorized to be appropriated to the Secretary of the 
department in which the Coast Guard is operating $987,400 for fire, 
oil, and toxic spill response communications, training, equipment, and 
program administration activities conducted by nonprofit organizations 
that act in cooperation with the Coast Guard, to remain available until 
expended. Organizations receiving appropriated funds must have a 
multiyear record of spill and marine fire response in Federal navigable 
waterways. Federal funds shall not exceed 25 percent of such an 
organization's total budget.
    SEC. 408. CONFORMING REFERENCES TO THE FORMER MERCHANT MARINE AND 
      FISHERIES COMMITTEE.
    (a) Laws Codified in Title 14, United States Code.--(1) Sections 
194(b)(2) and 194(b)(5) of title 14, United States Code, are amended by 
striking ``Merchant Marine and Fisheries'' and inserting 
``Transportation and Infrastructure''.
    (2) Section 663 of title 14, United States Code, is amended by 
striking ``Merchant Marine and Fisheries'' and inserting 
``Transportation and Infrastructure''.
    (3) Section 664(c) of title 14, United States Code, is amended by 
striking ``Merchant Marine and Fisheries'' and inserting 
``Transportation and Infrastructure''.
    (b) Laws Codified in Title 33, United States Code.--(1) Section 
3(d)(3) of the International Navigational Rules Act of 1977 (33 U.S.C. 
1602(d)(3)) is amended by striking ``Merchant Marine and Fisheries'' 
and inserting ``Transportation and Infrastructure''.
    (2) Section 5004(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2734(2)) is amended by striking ``Merchant Marine and Fisheries'' and 
inserting ``Transportation and Infrastructure''.
    (c) Laws Codified in Title 46, United States Code.--(1) Section 
6307(a) of title 46, United States Code, is amended by striking 
``Merchant Marine and Fisheries'' and inserting ``Transportation and 
Infrastructure''.
    (2) Section 901g(b)(3) of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1241k(b)(3)) is amended by striking ``Merchant Marine and 
Fisheries'' and inserting ``Transportation and Infrastructure''.
    (3) Section 913(b) of the International Maritime and Port Security 
Act (46 App. U.S.C. 1809(b)) is amended by striking ``Merchant Marine 
and Fisheries'' and inserting ``Transportation and Infrastructure''.

SEC. 409. RESTRICTION ON VESSEL DOCUMENTATION.

    Section 12108(a) of title 46, United States Code, is amended--
        (1) by striking paragraph (2) and inserting the following:
        ``(2) was built in the United States;'';
        (2) by striking ``and'' at the end of paragraph (3);
        (3) by redesignating paragraph (4) as paragraph (5); and
        (4) by inserting after paragraph (3) the following:
        ``(4) was not forfeited to the United States Government after 
    July 1, 2001, for a breach of the laws of the United States; and''.

SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT.

    The Commandant of the Coast Guard shall ensure that all Coast Guard 
personnel are equipped with adequate safety equipment, including 
hypothermia protective clothing where appropriate, while performing 
search and rescue missions.

SEC. 411. RESERVE OFFICER PROMOTIONS.

    (a) Section 729(i) of title 14, United States Code, is amended by 
inserting ``on the date a vacancy occurs, or as soon thereafter as 
practicable in the grade to which the officer was selected for 
promotion or, if promotion was determined in accordance with a running 
mate system,'' after ``grade''.
    (b) Section 731(b) of title 14, United States Coast Code, is 
amended by striking the period at the end and inserting ``, or in the 
event that promotion is not determined in accordance with a running 
mate system, then a Reserve officer becomes eligible for consideration 
for promotion to the next higher grade at the beginning of the 
promotion year in which he or she completes the following amount of 
service computed from the date of rank in the grade in which he or she 
is serving:
        ``(1) two years in the grade of lieutenant (junior grade);
        ``(2) three years in the grade of lieutenant;
        ``(3) four years in the grade of lieutenant commander;
        ``(4) four years in the grade of commander; and
        ``(5) three years in the grade of captain.''.
    (c) Section 736(a) of title 14, United States Code, is amended by 
inserting ``the date of rank shall be the date of appointment in that 
grade, unless the promotion was determined in accordance with a running 
mate system, in which event'' after ``subchapter,''.
    SEC. 412. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; 
      CONTINUATION UPON FAILURE OF SELECTION FOR PROMOTION.
    Section 285 of title 14, United States Code, is amended--
        (1) by striking ``Each officer'' and inserting ``(a) Each 
    officer''; and
        (2) by adding at the end the following:
    ``(b) A lieutenant commander or commander of the Regular Coast 
Guard subject to discharge or retirement under subsection (a) may be 
continued on active duty when the Secretary directs a selection board 
convened under section 251 of this title to continue up to a specified 
number of lieutenant commanders or commanders on active duty. When so 
directed, the selection board shall recommend those officers who in the 
opinion of the board are best qualified to advance the needs and 
efficiency of the Coast Guard. When the recommendations of the board 
are approved by the Secretary, the officers recommended for 
continuation shall be notified that they have been recommended for 
continuation and offered an additional term of service that fulfills 
the needs of the Coast Guard.
    ``(c)(1) An officer who holds the grade of lieutenant commander of 
the Regular Coast Guard may not be continued on active duty under 
subsection (b) for a period that extends beyond 24 years of active 
commissioned service unless promoted to the grade of commander of the 
Regular Coast Guard. An officer who holds the grade of commander of the 
Regular Coast Guard may not be continued on active duty under 
subsection (b) for a period that extends beyond 26 years of active 
commissioned service unless promoted to the grade of captain of the 
Regular Coast Guard.
    ``(2) Unless retired or discharged under another provision of law, 
each officer who is continued on active duty under subsection (b) but 
is not subsequently promoted or continued on active duty, and is not on 
a list of officers recommended for continuation or for promotion to the 
next higher grade, shall, if eligible for retirement under any 
provision of law, be retired under that law on the first day of the 
first month following the month in which the period of continued 
service is completed.''.
    SEC. 413. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE PROGRAM.
    (a) In General.--Chapter 21 of title 14, United States Code, is 
amended by inserting after section 709 the following new section:
``Sec. 709a. Reserve student pre-commissioning assistance program
    ``(a) The Secretary may provide financial assistance to an eligible 
enlisted member of the Coast Guard Reserve, not on active duty, for 
expenses of the member while the member is pursuing on a full-time 
basis at an institution of higher education a program of education 
approved by the Secretary that leads to--
        ``(1) a baccalaureate degree in not more than 5 academic years; 
    or
        ``(2) a post-baccalaureate degree.
    ``(b)(1) To be eligible for financial assistance under this 
section, an enlisted member of the Coast Guard Reserve shall--
        ``(A) be enrolled on a full-time basis in a program of 
    education referred to in subsection (a) at any institution of 
    higher education; and
        ``(B) enter into a written agreement with the Coast Guard 
    described in paragraph (2).
    ``(2) A written agreement referred to in paragraph (1)(B) is an 
agreement between the member and the Secretary in which the member 
agrees--
        ``(A) to accept an appointment as a commissioned officer in the 
    Coast Guard Reserve, if tendered;
        ``(B) to serve on active duty for up to five years; and
        ``(C) under such terms and conditions as shall be prescribed by 
    the Secretary, to serve in the Coast Guard Reserve until the eighth 
    anniversary of the date of the appointment.
    ``(c) Expenses for which financial assistance may be provided under 
this section are the following:
        ``(1) Tuition and fees charged by the institution of higher 
    education involved.
        ``(2) The cost of books.
        ``(3) In the case of a program of education leading to a 
    baccalaureate degree, laboratory expenses.
        ``(4) Such other expenses as are deemed appropriate by the 
    Secretary.
    ``(d) The amount of financial assistance provided to a member under 
this section shall be prescribed by the Secretary, but may not exceed 
$25,000 for any academic year.
    ``(e) Financial assistance may be provided to a member under this 
section for up to 5 consecutive academic years.
    ``(f) A member who receives financial assistance under this section 
may be ordered to active duty in the Coast Guard Reserve by the 
Secretary to serve in a designated enlisted grade for such period as 
the Secretary prescribes, but not more than 4 years, if the member--
        ``(1) completes the academic requirements of the program and 
    refuses to accept an appointment as a commissioned officer in the 
    Coast Guard Reserve when offered;
        ``(2) fails to complete the academic requirements of the 
    institution of higher education involved; or
        ``(3) fails to maintain eligibility for an original appointment 
    as a commissioned officer.
    ``(g)(1) If a member requests to be released from the program and 
the request is accepted by the Secretary, or if the member fails 
because of misconduct to complete the period of active duty specified, 
or if the member fails to fulfill any term or condition of the written 
agreement required to be eligible for financial assistance under this 
section, the financial assistance shall be terminated. The Secretary 
may request the member to reimburse the United States in an amount that 
bears the same ratio to the total costs of the education provided to 
that member as the unserved portion of active duty bears to the total 
period of active duty the member agreed to serve. The Secretary shall 
have the option to order such reimbursement without first ordering the 
member to active duty. An obligation to reimburse the United States 
imposed under this paragraph is a debt owed to the United States.
    ``(2) The Secretary may waive the service obligated under 
subsection (f) of a member who becomes unqualified to serve on active 
duty due to a circumstance not within the control of that member or who 
is not physically qualified for appointment and who is determined to be 
unqualified for service as an enlisted member of the Coast Guard 
Reserve due to a physical or medical condition that was not the result 
of the member's own misconduct or grossly negligent conduct.
    ``(3) A discharge in bankruptcy under title 11 that is entered less 
than 5 years after the termination of a written agreement entered into 
under subsection (b) does not discharge the individual signing the 
agreement from a debt arising under such agreement or under paragraph 
(1).
    ``(h) As used in this section, the term `institution of higher 
education' has the meaning given that term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001).''.
    (b) Clerical Amendment.--The table of sections for chapter 21 of 
title 14, United States Code, is amended by adding the following new 
item after the item relating to section 709:
``709a. Reserve student pre-commissioning assistance program.''.

SEC. 414. CONTINUATION ON ACTIVE DUTY BEYOND THIRTY YEARS.

    Section 289 of title 14, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Notwithstanding subsection (g) and section 288 of this title, 
the Commandant may by annual action retain on active duty from 
promotion year to promotion year any officer who would otherwise be 
retired under subsection (g) or section 288 of this title. An officer 
so retained, unless retired under some other provision of law, shall be 
retired on June 30 of that promotion year in which no action is taken 
to further retain the officer under this subsection.''.
    SEC. 415. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST GUARD 
      AUXILIARISTS.
    Section 823a(b) of title 14, United States Code, is amended by 
inserting after paragraph (8) the following:
        ``(9) On or after January 1, 2001, section 651 of Public Law 
    104-208.''.
    SEC. 416. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF 
      COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE AUTHORITY.
    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended--
        (1) in section 281--
            (A) by striking ``three'' in the section heading and 
        inserting ``five''; and
            (B) by striking ``three'' in the text and inserting 
        ``five'';
        (2) in section 283(b)(2)(A), by striking ``severance'' and 
    inserting ``separation'';
        (3) in section 286--
            (A) by striking ``severance'' in the section heading and 
        inserting ``separation''; and
            (B) by striking subsection (b) and inserting the following:
    ``(b) An officer of the Regular Coast Guard who is discharged under 
this section or section 282, 283, or 284 of this title and has 
completed 6 or more, but less than 20, continuous years of active 
service immediately before that discharge or release is entitled to 
separation pay computed under subsection (d)(1) of section 1174 of 
title 10.
    ``(c) An officer of the Regular Coast Guard who is discharged under 
section 327 of this title and has completed 6 or more, but less than 
20, continuous years of active service immediately before that 
discharge or release is entitled to separation pay computed under 
subsection (d)(1) or (d)(2) of section 1174 of title 10 as determined 
under regulations promulgated by the Secretary.
    ``(d) Notwithstanding subsections (a) and (b), an officer 
discharged under chapter 11 of this title for twice failing of 
selection for promotion to the next higher grade is not entitled to 
separation pay under this section if the officer requested in writing 
or otherwise sought not to be selected for promotion, or requested 
removal from the list of selectees.'';
        (4) in section 286a--
            (A) by striking ``severance'' in the section heading and 
        inserting ``separation'' in its place; and
            (B) by striking subsections (a), (b), and (c) and inserting 
        the following:
    ``(a) A regular warrant officer of the Coast Guard who is 
discharged under section 580 of title 10, and has completed 6 or more, 
but less than 20, continuous years of active service immediately before 
that discharge is entitled to separation pay computed under subsection 
(d)(1) of section 1174 of title 10.
    ``(b) A regular warrant officer of the Coast Guard who is 
discharged under section 1165 or 1166 of title 10, and has completed 6 
or more, but less than 20, continuous years of active service 
immediately before that discharge is entitled to separation pay 
computed under subsection (d)(1) or (d)(2) of section 1174 of title 10, 
as determined under regulations promulgated by the Secretary.
    ``(c) In determining a member's years of active service for the 
purpose of computing separation pay under this section, each full month 
of service that is in addition to the number of full years of service 
creditable to the member is counted as one-twelfth of a year and any 
remaining fractional part of a month is disregarded.''; and
        (5) in section 327--
            (A) by striking ``severance'' in the section heading and 
        inserting ``separation'';
            (B) by striking subsection (a)(2) and inserting the 
        following:
        ``(2) for discharge with separation benefits under section 
    286(c) of this title.'';
            (C) by striking subsection (a)(3);
            (D) by striking subsection (b)(2) and inserting the 
        following:
        ``(2) if on that date the officer is ineligible for voluntary 
    retirement under any law, be honorably discharged with separation 
    benefits under section 286(c) of this title, unless under 
    regulations promulgated by the Secretary the condition under which 
    the officer is discharged does not warrant an honorable 
    discharge.''; and
            (E) by striking subsection (b)(3).
    (b) Clerical Amendment.--The table of sections for chapter 11 of 
title 14, United States Code, is amended--
        (1) in the item relating to section 281, by striking ``three'' 
    and inserting ``five'';
        (2) in the item relating to section 286, by striking 
    ``severance'' and inserting ``separation'';
        (3) in the item relating to section 286a, by striking 
    ``severance'' and inserting ``separation''; and
        (4) in the item relating to section 327, by striking 
    ``severance'' and inserting ``separation'' in its place.
    (c) Effective Date.--The amendments made by paragraphs (2), (3), 
(4), and (5) of subsection (a) shall take effect 4 years after the date 
of enactment of this Act, except that subsection (d) of section 286 of 
title 14, United States Code, as amended by paragraph (3) of subsection 
(a) of this section, shall take effect on the date of enactment of this 
Act and shall apply with respect to conduct on or after that date. The 
amendments made to the table of sections of chapter 11 of title 14, 
United States Code, by paragraphs (2), (3), and (4) of subsection (b) 
of this section shall take effect 4 years after the date of enactment 
of this Act.
    SEC. 417. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE PROPERTY.
    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by inserting after section 672 the following:

``Sec. 672a. Long-term lease authority for lighthouse property

    ``(a) The Commandant of the Coast Guard may lease to non-Federal 
entities, including private individuals, lighthouse property under the 
administrative control of the Coast Guard for terms not to exceed 30 
years. Consideration for the use and occupancy of lighthouse property 
leased under this section, and for the value of any utilities and 
services furnished to a lessee of such property by the Commandant, may 
consist, in whole or in part, of non-pecuniary remuneration including 
the improvement, alteration, restoration, rehabilitation, repair, and 
maintenance of the leased premises by the lessee. Section 321 of 
chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b) shall not 
apply to leases issued by the Commandant under this section.
    ``(b) Amounts received from leases made under this section, less 
expenses incurred, shall be deposited in the Treasury.''.
    (b) Clerical Amendment.--The table of sections for chapter 17 of 
title 14, United States Code, is amended by inserting after the item 
relating to section 672 the following:
``672a. Long-term lease authority for lighthouse property.''.

SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS.

    (a) In General.--Section 3 of the Maritime Drug Law Enforcement Act 
(46 App. U.S.C. 1903) is amended--
        (1) in subsection (c)(1)(D), by striking ``and'';
        (2) in subsection (c)(1)(E), by striking ``United States.'' and 
    inserting ``United States; and''; and
        (3) by inserting after subsection (c)(1)(E) the following:
        ``(F) a vessel located in the contiguous zone of the United 
    States, as defined in Presidential Proclamation 7219 of September 
    2, 1999, and (i) is entering the United States, (ii) has departed 
    the United States, or (iii) is a hovering vessel as defined in 
    section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).''.
    (b) Maritime Drug Law Enforcement Amendment.--Section 4 of the 
Maritime Drug Law Enforcement Act (46 App. U.S.C. 1904) is amended--
        (1) by inserting ``(a)'' before ``Any property''; and
        (2) by adding at the end the following:
    ``(b) Practices commonly recognized as smuggling tactics may 
provide prima facie evidence of intent to use a vessel to commit, or to 
facilitate the commission of, an offense under this Act, and may 
support seizure and forfeiture of the vessel, even in the absence of 
controlled substances aboard the vessel. The following indicia, among 
others, may be considered, in the totality of the circumstances, to be 
prima facie evidence that a vessel is intended to be used to commit, or 
to facilitate the commission of an offense under this Act:
        ``(1) The construction or adaptation of the vessel in a manner 
    that facilitates smuggling, including--
            ``(A) the configuration of the vessel to ride low in the 
        water or present a low hull profile to avoid being detected 
        visually or by radar;
            ``(B) the presence of any compartment or equipment which is 
        built or fitted out for smuggling, not including items such as 
        a safe or lock-box reasonably used for the storage of personal 
        valuables;
            ``(C) the presence of an auxiliary tank not installed in 
        accordance with applicable law or installed in such a manner as 
        to enhance the vessel's smuggling capability;
            ``(D) the presence of engines that are excessively over-
        powered in relation to the design and size of the vessel;
            ``(E) the presence of materials used to reduce or alter the 
        heat or radar signature of the vessel and avoid detection;
            ``(F) the presence of a camouflaging paint scheme, or of 
        materials used to camouflage the vessel, to avoid detection; or
            ``(G) the display of false vessel registration numbers, 
        false indicia of vessel nationality, false vessel name, or 
        false vessel homeport.
        ``(2) The presence or absence of equipment, personnel, or cargo 
    inconsistent with the type or declared purpose of the vessel.
        ``(3) The presence of excessive fuel, lube oil, food, water, or 
    spare parts, inconsistent with legitimate vessel operation, 
    inconsistent with the construction or equipment of the vessel, or 
    inconsistent with the character of the vessel's stated purpose.
        ``(4) The operation of the vessel without lights during times 
    lights are required to be displayed under applicable law or 
    regulation and in a manner of navigation consistent with smuggling 
    tactics used to avoid detection by law enforcement authorities.
        ``(5) The failure of the vessel to stop or respond or heave to 
    when hailed by government authority, especially where the vessel 
    conducts evasive maneuvering when hailed.
        ``(6) The declaration to government authority of apparently 
    false information about the vessel, crew, or voyage or the failure 
    to identify the vessel by name or country of registration when 
    requested to do so by government authority.
        ``(7) The presence of controlled substance residue on the 
    vessel, on an item aboard the vessel, or on a person aboard the 
    vessel, of a quantity or other nature which reasonably indicates 
    manufacturing or distribution activity.
        ``(8) The use of petroleum products or other substances on the 
    vessel to foil the detection of controlled substance residue.
        ``(9) The presence of a controlled substance in the water in 
    the vicinity of the vessel, where given the currents, weather 
    conditions, and course and speed of the vessel, the quantity or 
    other nature is such that it reasonably indicates manufacturing or 
    distribution activity.''.

SEC. 419. WING-IN-GROUND CRAFT.

    (a) Small Passenger Vessel.--Section 2101(35) of title 46, United 
States Code, is amended by inserting ``a wing-in-ground craft, 
regardless of tonnage, carrying at least one passenger for hire, and'' 
after ```small passenger vessel' means''.
    (b) Wing-In-Ground Craft.--Section 2101 of title 46, United States 
Code, is amended by adding at the end the following:
        ``(48) `wing-in-ground craft' means a vessel that is capable of 
    operating completely above the surface of the water on a dynamic 
    air cushion created by aerodynamic lift due to the ground effect 
    between the vessel and the water's surface.''.
    SEC. 420. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR VESSELS.
    Section 31321(a)(4) of title 46, United States Code, is amended--
        (1) by striking ``(A)''; and
        (2) by striking subparagraph (B).
    SEC. 421. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT MARINERS' 
      DOCUMENTS.
    Section 7303 of title 46, United States Code, is amended by 
striking ``the thumbprint,''.
    SEC. 422. TEMPORARY CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL 
      VESSELS.
    (a) Section 12103(a) of title 46, United States Code, is amended by 
inserting ``, or a temporary certificate of documentation,'' after 
``certificate of documentation''.
    (b)(1) Chapter 121 of title 46, United States Code, is amended by 
adding after section 12103 the following:

``Sec. 12103a. Issuance of temporary certificate of documentation by 
            third parties

    ``(a) The Secretary of the department in which the Coast Guard is 
operating may delegate, subject to the supervision and control of the 
Secretary and under terms set out by regulation, to private entities 
determined and certified by the Secretary to be qualified, the 
authority to issue a temporary certificate of documentation for a 
recreational vessel if the applicant for the certificate of 
documentation meets the requirements set out in sections 12102 and 
12103 of this chapter.
    ``(b) A temporary certificate of documentation issued under section 
12103(a) and subsection (a) of this section is valid for up to 30 days 
from issuance.''.
    (2) The table of sections for chapter 121 of title 46, United 
States Code, is amended by inserting after the item relating to section 
12103 the following:
``12103a. Issuance of temporary certificate of documentation by third 
          parties.''.
    SEC. 423. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN VESSELS.
    Section 6101 of title 46, United States Code, is amended--
        (1) by redesignating the second subsection (e) as subsection 
    (f); and
        (2) by adding at the end the following:
    ``(g) To the extent consistent with generally recognized practices 
and procedures of international law, this part applies to a foreign 
vessel involved in a marine casualty or incident, as defined in the 
International Maritime Organization Code for the Investigation of 
Marine Casualties and Incidents, where the United States is a 
Substantially Interested State and is, or has the consent of, the Lead 
Investigating State under the Code.''.
    SEC. 424. CONVEYANCE OF COAST GUARD PROPERTY IN HAMPTON TOWNSHIP, 
      MICHIGAN.
    (a) Requirement To Convey.--
        (1) In general.--Notwithstanding any other law, the Secretary 
    of the department in which the Coast Guard is operating may convey 
    to BaySail, Inc. (a nonprofit corporation established under the 
    laws of the State of Michigan; in this section referred to as 
    ``BaySail''), without monetary consideration, all right, title, and 
    interest of the United States in and to property adjacent to Coast 
    Guard Station Saginaw River, located in Hampton Township, Michigan, 
    as identified under paragraph (2). No submerged lands may be 
    conveyed under this section.
        (2) Identification of property.--The Secretary, in consultation 
    with the Commandant of the Coast Guard, shall identify, describe, 
    and determine the property to be conveyed under this section.
        (3) Survey.--The exact acreage and legal description of the 
    property conveyed under paragraph (1), as identified under 
    paragraph (2), and any easements or rights-of-way reserved by the 
    United States under subsection (b), shall be determined by a survey 
    satisfactory to the Secretary. The cost of the survey shall be 
    borne by BaySail.
    (b) Terms and Conditions of Conveyance.--The conveyance of property 
under this section shall be made subject to any terms and conditions 
the Secretary considers necessary, including the reservation of 
easements and other rights on behalf of the United States.
    (c) Reversionary Interest.--
        (1) In general.--During the 5-year period beginning on the date 
    the Secretary makes the conveyance authorized by subsection (a), 
    the real property conveyed pursuant to this section, at the option 
    of the Secretary, shall revert to the United States and be placed 
    under the administrative control of the Secretary if--
            (A) BaySail sells, conveys, assigns, exchanges, or 
        encumbers the property conveyed or any part thereof;
            (B) BaySail fails to maintain the property conveyed in a 
        manner consistent with the terms and conditions under 
        subsection (b);
            (C) BaySail conducts any commercial activity at the 
        property conveyed, or any part thereof, without approval of the 
        Secretary; or
            (D) at least 30 days before the reversion, the Secretary 
        provides written notice to the owner that the property or any 
        part thereof is needed for national security purposes.
        (2) Additional period.--The Secretary may, before the last day 
    of the 5-year period described in paragraph (1), authorize an 
    additional 5-year period during which paragraph (1) shall apply.

SEC. 425. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.

    Section 1005(c) of the Coast Guard Authorization Act of 1996 (110 
Stat. 3957) is amended by striking ``the Traverse City Area Public 
School District'' and inserting ``a public or private nonprofit entity 
for an educational or recreational purpose''.
    SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILITIES AND READINESS 
      TO FULFILL NATIONAL DEFENSE RESPONSIBILITIES.
    Not later than February 15 each year, the Secretary of the 
department in which the Coast Guard is operating shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report, prepared in conjunction with the 
Commandant of the Coast Guard, setting forth the capabilities and 
readiness of the Coast Guard to fulfill its national defense 
responsibilities.
    SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL RECOVERY 
      INSTITUTE.
    Section 5001(i) of the Oil Pollution Act of 1990 (33 U.S.C. 
2731(i)) is amended by striking ``10 years'' and all that follows 
through the period at the end and inserting ``September 30, 2012.''.

SEC. 428. PROTECTION AGAINST DISCRIMINATION.

    (a) In General.--Section 2114(a) of title 46, United States Code, 
is amended to read as follows:
    ``(a)(1) A person may not discharge or in any manner discriminate 
against a seaman because--
        ``(A) the seaman in good faith has reported or is about to 
    report to the Coast Guard or other appropriate Federal agency or 
    department that the seaman believes that a violation of a maritime 
    safety law or regulation prescribed under that law or regulation 
    has occurred; or
        ``(B) the seaman has refused to perform duties ordered by the 
    seaman's employer because the seaman has a reasonable apprehension 
    or expectation that performing such duties would result in serious 
    injury to the seaman, other seamen, or the public.
    ``(2) The circumstances causing a seaman's apprehension of serious 
injury under paragraph (1)(B) must be of such a nature that a 
reasonable person, under similar circumstances, would conclude that 
there is a real danger of an injury or serious impairment of health 
resulting from the performance of duties as ordered by the seaman's 
employer.
    ``(3) To qualify for protection against the seaman's employer under 
paragraph (1)(B), the employee must have sought from the employer, and 
been unable to obtain, correction of the unsafe condition.''.
    (b) Appropriate Relief.--Section 2114(b) of such title is amended--
        (1) in paragraph (1) by striking ``and'' at the end;
        (2) in paragraph (2) by striking the period and inserting a 
    semicolon; and
        (3) by adding at the end the following:
        ``(3) an award of costs and reasonable attorney's fees to a 
    prevailing plaintiff not exceeding $1,000; and
        ``(4) an award of costs and reasonable attorney's fees to a 
    prevailing employer not exceeding $1,000 if the court finds that a 
    complaint filed under this section is frivolous or has been brought 
    in bad faith.''.

SEC. 429. ICEBREAKING SERVICES.

    The Commandant of the Coast Guard shall not plan, implement, or 
finalize any regulation or take any other action which would result in 
the decommissioning of any WYTL-class harbor tugs unless and until the 
Commandant certifies in writing to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives that sufficient 
replacement capability has been procured by the Coast Guard to 
remediate any degradation in current icebreaking services that would be 
caused by such decommissioning.

SEC. 430. FISHING VESSEL SAFETY TRAINING.

    (a) In General.--The Commandant of the Coast Guard may provide 
support, with or without reimbursement, to an entity engaged in fishing 
vessel safety training, including--
        (1) assistance in developing training curricula;
        (2) use of Coast Guard personnel, including active duty 
    members, members of the Coast Guard Reserve, and members of the 
    Coast Guard Auxiliary, as temporary or adjunct instructors;
        (3) sharing of appropriate Coast Guard informational and safety 
    publications; and
        (4) participation on applicable fishing vessel safety training 
    advisory panels.
    (b) No Interference With Other Functions.--In providing support 
under subsection (a), the Commandant shall ensure that the support does 
not interfere with any Coast Guard function or operation.
    SEC. 431. LIMITATION ON LIABILITY OF PILOTS AT COAST GUARD VESSEL 
      TRAFFIC SERVICES.
    (a) In General.--Chapter 23 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 2307. Limitation of liability for Coast Guard Vessel Traffic 
     Service pilots
    ``Any pilot, acting in the course and scope of his or her duties 
while at a United States Coast Guard Vessel Traffic Service, who 
provides information, advice, or communication assistance while under 
the supervision of a Coast Guard officer, member, or employee shall not 
be liable for damages caused by or related to such assistance unless 
the acts or omissions of such pilot constitute gross negligence or 
willful misconduct.''.
    (b) Clerical Amendment.--The table of sections for chapter 23 of 
title 46, United States Code, is amended by adding at the end the 
following:
``2307. Limitation of liability for Coast Guard Vessel Traffic Service 
          pilots.''.
    SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON CHICAGO 
      LAKEFRONT.
    (a) Assistance Authorized.--The Coast Guard may transfer funds, 
appropriated by Public Law 107-87 for the construction of a Coast Guard 
Marine Safety and Rescue Station in Chicago, Illinois, to the City of 
Chicago to pay the Federal share of the cost of a project to demolish 
the Old Coast Guard Station, located at the north end of the inner 
Chicago Harbor breakwater at the foot of Randolph Street, and to plan, 
engineer, design, and construct a new facility at that site for use as 
a marine safety station on the Chicago lakefront.
    (b) Cost Sharing.--
        (1) Federal share.--The Federal share of the cost of a project 
    carried out with assistance under this section may not exceed one-
    third of the total cost of the project or $2,000,000, whichever is 
    less.
        (2) Non-federal share.--There shall not be applied to the non-
    Federal share of a project carried out with assistance under this 
    section--
            (A) the value of land and existing facilities used for the 
        project; and
            (B) any costs incurred for site work performed before the 
        date of the enactment of this Act, including costs for 
        reconstruction of the east breakwater wall and associated 
        utilities.
    SEC. 433. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND ASSOCIATED 
      EQUIPMENT RECALLS.
    Section 4310(c) of title 46, United States Code, is amended--
        (1) in each of paragraphs (2)(A) and (2)(B) by striking ``5'' 
    and inserting ``10''; and
        (2) in each of paragraphs (1)(A), (1)(B), and (1)(C) by 
    inserting ``by first class mail or'' before ``by certified mail''.

SEC. 434. REPAIR OF MUNICIPAL DOCK, ESCANABA, MICHIGAN.

    The Secretary of Transportation may transfer to the City of 
Escanaba, Michigan, up to $300,000 of funds appropriated for Coast 
Guard acquisition, construction, and improvements by Public Law 107-87, 
for the repair of the North wall of the municipal dock, Escanaba, 
Michigan.

SEC. 435. VESSEL GLOBAL EXPLORER.

    The Secretary of Transportation shall amend the certificate of 
documentation of the vessel GLOBAL EXPLORER (United States official 
number 556069) to state that the vessel was built in the year 2002 in 
Gulfport, Mississippi.

SEC. 436. ALEUTIAN TRADE.

    (a) Loadlines.--Section 5102(b)(5)(B)(ii) of title 46, United 
States Code, is amended by inserting ``is not'' after ``(ii)''.
    (b) Implementation.--Except as provided in subsection (c), a fish 
tender vessel that before January 1, 2003, transported cargo (not 
including fishery related products) in the Aleutian trade is subject to 
chapter 51 of title 46, United States Code (as amended by subsection 
(a) of this section).
    (c) Exception.--
        (1) In general.--Before December 31, 2006, the BOWFIN (United 
    States official number 604231) is exempt from chapter 51 of title 
    46, United States Code (as amended by subsection (a) of this 
    section) when engaged in the Aleutian trade, if the vessel does not 
    undergo a major conversion.
        (2) Ensuring safety.--Before the date referred to in paragraph 
    (1), a Coast Guard official who has reason to believe that the 
    vessel referred to in paragraph (1) operating under this subsection 
    is in a condition or is operated in a manner that creates an 
    immediate threat to life or the environment or is operated in a 
    manner that is inconsistent with section 3302 of title 46, United 
    States Code, may direct the master or individual in charge to take 
    immediate and reasonable steps to safeguard life and the 
    environment, including directing the vessel to a port or other 
    refuge.
    SEC. 437. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY REVISION.
    (a) Transfer.--As soon as practicable after the date of enactment 
of this Act, the Administrator of General Services may transfer to the 
Secretary, without consideration, administrative jurisdiction over, and 
management of, the public land.
    (b) Boundary Revision.--The boundary of the Lakeshore is revised to 
include the public land transferred under subsection (a).
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (d) Administration.--The Secretary may administer the public land 
transferred under section (a)--
        (1) as part of the Lakeshore; and
        (2) in accordance with applicable laws (including regulations).
    (e) Access to Aids to Navigation.--The Secretary of Transportation, 
in consultation with the Secretary, may access the front and rear range 
lights on the public land for the purposes of servicing, operating, 
maintaining, and repairing those lights.
    (f) Definitions.--In this section:
        (1) Lakeshore.--The term ``Lakeshore'' means the Pictured Rocks 
    National Lakeshore in the State of Michigan.
        (2) Map.--The term ``map'' means the map entitled ``Proposed 
    Addition to Pictured Rocks National Lakeshore'', numbered 625/
    80048, and dated April 2002.
        (3) Public land.--The term ``public land'' means the 
    approximately .32 acres of United States Coast Guard land and 
    improvements to the land, including the United States Coast Guard 
    Auxiliary Operations Station and the front and rear range lights, 
    as depicted on the map.
        (4) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $225,000 to restore, preserve, and 
maintain the public land transferred under subsection (a).

SEC. 438. LORAN-C.

    There are authorized to be appropriated to the Department of 
Transportation, in addition to funds authorized for the Coast Guard for 
operation of the LORAN-C system, for capital expenses related to LORAN-
C navigation infrastructure, $25,000,000 for fiscal year 2003. The 
Secretary of Transportation may transfer from the Federal Aviation 
Administration and other agencies of the Department funds appropriated 
as authorized under this section in order to reimburse the Coast Guard 
for related expenses.

SEC. 439. AUTHORIZATION OF PAYMENT.

    (a) In General.--The Secretary of the Treasury shall pay the sum of 
$71,000, out of funds in the Treasury not otherwise appropriated, to 
the State of Hawaii, such sum being the damages arising out of the June 
19, 1997, allision by the United States Coast Guard Cutter RUSH with 
the ferry pier at Barber's Point Harbor, Hawaii.
    (b) Full Settlement.--The payment made under subsection (a) is in 
full settlement of all claims by the State of Hawaii against the United 
States arising from the June 19, 1997, allision.

SEC. 440. REPORT ON OIL SPILL RESPONDER IMMUNITY.

    (a) Report to Congress.--Not later than January 1, 2004, the 
Secretary of the department in which the Coast Guard is operating, 
jointly with the Secretary of Commerce and the Secretary of the 
Interior, and after consultation with the Administrator of the 
Environmental Protection Agency and the Attorney General, shall submit 
a report to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives on the immunity from criminal and civil 
penalties provided under existing law of a private responder (other 
than a responsible party) in the case of the incidental take of 
federally listed fish or wildlife that results from, but is not the 
purpose of, carrying out an otherwise lawful activity conducted by that 
responder during an oil spill removal activity where the responder was 
acting in a manner consistent with the National Contingency Plan or as 
otherwise directed by the Federal On-Scene Coordinator for the spill, 
and on the circumstances under which such penalties have been or could 
be imposed on a private responder. The report shall take into 
consideration the procedures under the Inter-Agency Memorandum for 
addressing incidental takes.
    (b) Definitions.--In this section--
        (1) the term ``Federal On-Scene Coordinator'' has the meaning 
    given that term in section 311 of the Federal Water Pollution 
    Control Act (33 U.S.C. 1321);
        (2) the term ``incidental take'' has the meaning given that 
    term in the Inter-Agency Memorandum;
        (3) the term ``Inter-Agency Memorandum'' means the Inter-Agency 
    Memorandum of Agreement Regarding Oil Spill Planning and Response 
    Activities under the Federal Water Pollution Control Act's National 
    Oil and Hazardous Substances Pollution Contingency Plan and the 
    Endangered Species Act, effective on July 22, 2001;
        (4) the terms ``National Contingency Plan'', ``removal'', and 
    ``responsible party'' have the meanings given those terms under 
    section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701); and
        (5) the term ``private responder'' means a nongovernmental 
    entity or individual that is carrying out an oil spill removal 
    activity at the direction of a Federal agency or a responsible 
    party.

SEC. 441. FISHING AGREEMENTS.

    (a) In General.--Section 10601(a) of title 46, United States Code, 
is amended--
        (1) by inserting after ``on a voyage, the'' the following: 
    ``owner, charterer, or managing operator, or a representative 
    thereof, including the''; and
        (2) by inserting a comma after ``individual in charge''.
    (b) Clerical and Conforming Amendments.--Section 10601 of title 46, 
United States Code, is amended--
        (1) in subsection (a) by striking ``enployed'' and inserting 
    ``employed'';
        (2) by striking subsection (b); and
        (3) by redesignating subsection (c) as subsection (b).
    (c) Application.--An agreement that complies with the requirements 
of section 10601(a) of title 46, United States Code, as herein amended, 
and that is not the subject of an action prior to June 20, 2002, 
alleging a breach of subsections (a) or (b) of section 10601 as in 
effect on such date, is hereby deemed to have been in compliance with 
such subsections.

SEC. 442. ELECTRONIC PUBLISHING OF MARINE CASUALTY REPORTS.

    (a) In General.--Section 6101 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(g)(1) The Secretary shall publish all major marine casualty 
reports prepared in accordance with this section in an electronic form, 
and shall provide information electronically regarding how other marine 
casualty reports can be obtained.
    ``(2) For purposes of this paragraph, the term `major marine 
casualty' means a casualty involving a vessel, other than a public 
vessel, that results in--
        ``(A) the loss of 6 or more lives;
        ``(B) the loss of a mechanically propelled vessel of 100 or 
    more gross tons;
        ``(C) property damage initially estimated at $500,000 or more; 
    or
        ``(D) serious threat, as determined by the Commandant of the 
    Coast Guard with concurrence by the Chairman of the National 
    Transportation Safety Board, to life, property, or the environment 
    by hazardous materials.
    ``(h) The Secretary shall, as soon as possible, and no later than 
January 1, 2005, publish all marine casualty reports prepared in 
accordance with this section in an electronic form.''.
    (b) Application.--The amendment made by subsection (a) applies to 
all marine casualty reports completed after the date of enactment of 
this Act.

SEC. 443. SAFETY AND SECURITY OF PORTS AND WATERWAYS.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended--
        (1) by striking ``safety and protection of the marine 
    environment'' in section 2(a) (33 U.S.C. 1221(a)) and inserting 
    ``safety, protection of the marine environment, and safety and 
    security of United States ports and waterways''; and
        (2) by striking ``safety and protection of the marine 
    environment,'' in section 5(a) (33 U.S.C. 1224(a)) and inserting 
    ``safety, protection of the marine environment, and the safety and 
    security of United States ports and waterways,''.

SEC. 444. SUSPENSION OF PAYMENT.

    (a) In General.--Title 14, United States Code, is amended by 
inserting after section 424 the following:
``Sec. 424a. Suspension of payment of retired pay of members who are 
     absent from the United States to avoid prosecution
    ``Under procedures prescribed by the Secretary, the Secretary may 
suspend the payment of the retired pay of a member or former member 
during periods in which the member willfully remains outside the United 
States to avoid criminal prosecution or civil liability. The procedures 
shall address the types of criminal offenses and civil proceedings for 
which the procedures may be used, including the offenses specified in 
section 8312 of title 5, and the manner by which a member, upon the 
return of the member to the United States, may obtain retired pay 
withheld during the member's absence.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of title 14, United States Code, is amended by inserting 
after the item relating to section 424 the following:

``424a. Suspension of payment of retired pay of members who are absent 
from the United States to avoid prosecution.''.

SEC. 445. PROHIBITION ON NAVIGATION FEES.

    Section 4 of the Rivers and Harbors Appropriation Act of 1884 (33 
U.S.C. 5) is amended as follows:
        (1) The existing text is designated as subsection (a).
        (2) The following is added at the end:
    ``(b) No taxes, tolls, operating charges, fees, or any other 
impositions whatever shall be levied upon or collected from any vessel 
or other water craft, or from its passengers or crew, by any non-
Federal interest, if the vessel or water craft is operating on any 
navigable waters subject to the authority of the United States, or 
under the right to freedom of navigation on those waters, except for--
        ``(1) fees charged under section 208 of the Water Resources 
    Development Act of 1986 (33 U.S.C. 2236); or
        ``(2) reasonable fees charged on a fair and equitable basis 
    that--
            ``(A) are used solely to pay the cost of a service to the 
        vessel or water craft;
            ``(B) enhance the safety and efficiency of interstate and 
        foreign commerce; and
            ``(C) do not impose more than a small burden on interstate 
        or foreign commerce.''.

      TITLE V--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Coast Guard Authorization Act for 
Fiscal Year 2003''.

SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for fiscal year 2003 for 
necessary expenses of the Coast Guard as follows:
        (1) For the operation and maintenance of the Coast Guard, 
    $4,327,456,000, of which $25,000,000 is authorized to be derived 
    from the Oil Spill Liability Trust Fund to carry out the purposes 
    of section 1012(a)(5) of the Oil Pollution Act of 1990.
        (2) For the acquisition, construction, rebuilding, and 
    improvement of aids to navigation, shore and offshore facilities, 
    vessels, and aircraft, including equipment related thereto, 
    $725,000,000, of which $20,000,000 is authorized to be derived from 
    the Oil Spill Liability Trust Fund to carry out the purposes of 
    section 1012(a)(5) of the Oil Pollution Act of 1990.
        (3) For research, development, test, and evaluation of 
    technologies, materials, and human factors directly relating to 
    improving the performance of the Coast Guard's mission in support 
    of search and rescue, aids to navigation, marine safety, marine 
    environmental protection, enforcement of laws and treaties, ice 
    operations, oceanographic research, and defense readiness, 
    $22,000,000, to remain available until expended, of which 
    $3,500,000 is authorized to be derived each fiscal year from the 
    Oil Spill Liability Trust Fund to carry out the purposes of section 
    1012(a)(5) of the Oil Pollution Act of 1990.
        (4) For retired pay (including the payment of obligations 
    otherwise chargeable to lapsed appropriations for this purpose), 
    payments under the Retired Serviceman's Family Protection and 
    Survivor Benefit Plans, and payments for medical care of retired 
    personnel and their dependents under chapter 55 of title 10, United 
    States Code, $889,000,000.
        (5) For alteration or removal of bridges over navigable waters 
    of the United States constituting obstructions to navigation, and 
    for personnel and administrative costs associated with the Bridge 
    Alteration Program, $18,000,000, to remain available until 
    expended.
        (6) For environmental compliance and restoration at Coast Guard 
    facilities (other than parts and equipment associated with 
    operations and maintenance), $17,000,000, to remain available until 
    expended.
    SEC. 503. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 as of September 30, 
2003.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
        (1) For recruit and special training for fiscal year 2003, 
    2,250 student years.
        (2) For flight training for fiscal year 2003, 125 student 
    years.
        (3) For professional training in military and civilian 
    institutions for fiscal year 2003, 300 student years.
        (4) For officer acquisition for fiscal year 2003, 1,150 student 
    years.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```