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Maritime Transportation Security Act of 2002 and inter-
national convention.
TITLE 
III—UNITED 
STATES
OCEAN COMMISSION IMPLE-
MENTATION
SEC. 301. PLACE OF REFUGE.
(a) IN GENERAL.—Within 12 months after the date
of enactment of this Act, the United States Coast Guard,
working with hazardous spill response agencies, marine sal-
vage companies, State and local law enforcement and ma-
rine agencies, and other Federal agencies including the Na-
tional Oceanic and Atmospheric Administration and the
Environmental Protection Agency, shall, in accordance
with the recommendations of the United States Commission
on Ocean Policy in its final report, develop a comprehensive
and effective process for determining whether and under
what circumstances damaged vessels may seek a place of
refuge in the United States suitable to the specific nature
of distress each vessel is experiencing.
(b) REPORT.—The Commandant of the Coast Guard
shall transmit a report annually to the Senate Committee
on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infra-
structure describing the process established and any cases
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in which a vessel was provided with a place of refuge in
the preceding year.
(c) PLACE OF REFUGE DEFINED.—In this section, the
term ‘‘place of refuge’’ means a place where a ship in need
of assistance can take action to enable it to stabilize its con-
dition and reduce the hazards to navigation and to protect
human life and the environment.
SEC. 302. IMPLEMENTATION OF INTERNATIONAL AGREE-
MENTS.
The Secretary of the department in which the Coast
Guard is operating shall, in consultation with appropriate
Federal agencies, work with the responsible officials and
agencies of other Nations to accelerate efforts at the Inter-
national Maritime Organization to enhance flag State over-
sight and enforcement of security, environmental, and other
agreements adopted within the International Maritime Or-
ganization, including implementation of—
(1) a code outlining flag State responsibilities
and obligations;
(2) an audit regime for evaluating flag State
performance;
(3) measures to ensure that responsible organiza-
tions, acting on behalf of flag States, meet established
performance standards; and
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(4) cooperative arrangements to improve enforce-
ment on a bilateral, regional or international basis.
SEC. 303. VOLUNTARY MEASURES FOR REDUCING POLLU-
TION FROM RECREATIONAL BOATS.
The Secretary of the department in which the Coast
Guard is operating shall, in consultation with appropriate
Federal, State, and local government agencies, undertake
outreach programs for educating the owners and operators
of boats using two-stroke engines about the pollution associ-
ated with such engines, and shall support voluntary pro-
grams to reduce such pollution and that encourage the early
replacement of older two-stroke engines.
SEC. 304. INTEGRATION OF VESSEL MONITORING SYSTEM
DATA.
The Secretary of the department in which the Coast
Guard is operating shall integrate vessel monitoring system
data into its maritime operations databases for the purpose
of improving monitoring and enforcement of Federal fish-
eries laws, and shall work with the Undersecretary of Com-
merce for Oceans and Atmosphere to ensure effective use of
such data for monitoring and enforcement.
SEC. 305. FOREIGN FISHING INCURSIONS.
(a) IN GENERAL.—No later than 180 days after the
date of enactment of this Act, the Secretary of the depart-
ment in which the Coast Guard is operating shall provide
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a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure on steps that
the Coast Guard will take to significantly improve the
Coast Guard’s detection and interdiction of illegal incur-
sions into the United States exclusive economic zone by for-
eign fishing vessels.
(b) SPECIFIC ISSUES TO BE ADDRESSED.—The report
shall—
(1) focus on areas in the exclusive economic zone
where the Coast Guard has failed to detect or inter-
dict such incursions in the 4 fiscal year period begin-
ning with fiscal year 2000, including the Western/
Central Pacific; and
(2) include an evaluation of the potential use of
unmanned aircraft and offshore platforms for detect-
ing or interdicting such incursions.
(c) BIENNIAL UPDATES.—The Secretary shall provide
biannual reports updating the Coast Guard’s progress in
detecting or interdicting such incursions to the Senate Com-
merce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture.
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TITLE IV—COAST GUARD PER-
SONNEL, 
FINANCIAL, 
AND
PROPERTY MANAGEMENT
SEC. 401. RESERVE OFFICER DISTRIBUTION.
Section 724 of title 14, United States Code, is
amended—
(1) by inserting ‘‘Reserve officers on an Active-
duty list shall not be counted as part of the author-
ized number of officers in the Reserve.’’ after ‘‘5,000.’’
in subsection (a); and
(2) by striking so much of subsection (b) as pre-
cedes paragraph (2) and inserting the following:
‘‘(b)(1) The Secretary shall, at least once a year, make
a computation to determine the number of Reserve officers
in an active status authorized to be serving in each grade.
The number in each grade shall be computed by applying
the applicable percentage to the total number of such officers
serving in an active status on the date the computation is
made. The number of Reserve officers in an active status
below the grade of rear admiral (lower half) shall be distrib-
uted by pay grade so as not to exceed percentages of com-
missioned officers authorized by section 42(b) of this title.
When the actual number of Reserve officers in an active
status in a particular pay grade is less than the maximum
percentage authorized, the difference may be applied to the
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number in the next lower grade. A Reserve officer may not
be reduced in rank or grade solely because of a reduction
in an authorized number as provided for in this subsection,
or because an excess results directly from the operation of
law.’’.
SEC. 402. COAST GUARD BAND DIRECTOR.
(a) BAND DIRECTOR APPOINTMENT AND GRADE.—
Section 336 of title 14, United States Code, is amended—
(1) by striking the first sentence of subsection (b)
and inserting ‘‘The Secretary may designate as the
director any individual determined by the Secretary
to possess the necessary qualifications.’’;
(2) by striking ‘‘a member so designated’’ in the
second sentence of subsection (b) and inserting ‘‘an
individual so designated’’;
(3) by striking ‘‘of a member’’ in subsection (c)
and inserting ‘‘of an individual’’;
(4) by striking ‘‘of lieutenant (junior grade) or
lieutenant.’’ in subsection (c) and inserting ‘‘deter-
mined by the Secretary to be most appropriate to the
qualifications and experience of the appointed indi-
vidual.’’;
(5) by striking ‘‘A member’’ in subsection (d)
and inserting ‘‘An individual’’; and
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(6) by striking ‘‘When a member’s designation is
revoked,’’in subsection (e) and inserting ‘‘When an in-
dividual’s designation is revoked,’’.
(b) CURRENT
DIRECTOR.—The incumbent Coast
Guard Band Director on the date of enactment of this Act
may be immediately promoted to a commissioned grade, not
to exceed captain, determined by the Secretary of the de-
partment in which the Coast Guard is operating to be most
appropriate to the qualifications and experience of that in-
dividual.
SEC. 403. RESERVE RECALL AUTHORITY.
Section 712 of title 14, United States Code, is
amended—
(1) by striking ‘‘during’’ in subsection (a) and
inserting ‘‘during, or to aid in prevention of an im-
minent,’’;
(2) by striking ‘‘or catastrophe,’’ in subsection
(a) and inserting ‘‘catastrophe, act of terrorism (as
defined in section 2(15) of the Homeland Security Act
of 2002 (6 U.S.C. 101(15))), or transportation secu-
rity incident as defined in section 70101 of title 46,
United States Code,’’;
(3) by striking ‘‘thirty days in any four month
period’’ in subsection (a) and inserting ‘‘60 days in
any 4-month period’’;
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(4) by striking ‘‘sixty days in any two-year pe-
riod’’ in subsection (a) and inserting ‘‘120 days in
any 2-year period’’; and
(5) by adding at the end the following:
‘‘(e) For purposes of calculating the duration of active
duty allowed pursuant to subsection (a), each period of ac-
tive duty shall begin on the first day that a member reports
to active duty, including for purposes of training.’’.
SEC. 404. EXPANSION OF EQUIPMENT USED BY AUXILIARY
TO SUPPORT COAST GUARD MISSIONS.
(a) MOTORIZED VEHICLE AS FACILITY.—Section 826
of title 14, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The’’; and
(2) adding at the end the following:
‘‘(b)(1) The Coast Guard may utilize to carry out its
functions and duties as authorized by the Secretary any
motorized vehicle placed at its disposition by any member
of the auxiliary, by any corporation, partnership, or asso-
ciation, or by any State or political subdivision thereof to
tow government property.
‘‘(2) Any motorized vehicle placed at the disposition
of the Coast Guard and utilized to carry out its functions
under paragraph (1) shall be considered to be a ‘motorized
vehicle utilized under section 826(b)’ as that term is used
in section 830.’’.
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(b) 
APPROPRIATIONS
FOR
FACILITIES.—Section
830(a) of title 14, United States Code, is amended by strik-
ing ‘‘or radio station’’ each place it appears and inserting
‘‘radio station, or motorized vehicle utilized under section
826(b)’’.
SEC. 405. AUTHORITY FOR ONE-STEP TURNKEY DESIGN-
BUILD CONTRACTING.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 677. Turn-key selection procedures
‘‘(a) AUTHORITY TO USE.—The Secretary may use
one-step turn-key selection procedures for the purpose of en-
tering into contracts for construction projects.
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) ONE-STEP
TURN-KEY
SELECTION
PROCE-
DURES.—The term ‘one-step turn-key selection proce-
dures’ means procedures used for the selection of a
contractor on the basis of price and other evaluation
criteria to perform, in accordance with the provisions
of a firm fixed-price contract, both the design and
construction of a facility using performance specifica-
tions supplied by the Secretary.
‘‘(2) CONSTRUCTION.—The term ‘construction’
includes the construction, procurement, development,
conversion, or extension, of any facility.