(Source: "Maritime Transportation Security Act of 2002," Government Printing Office, 5 November 2013)
[107th Congress Public Law 295]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ295.107]
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MARITIME TRANSPORTATION SECURITY ACT OF 2002
[[Page 116 STAT. 2064]]
Public Law 107-295
107th Congress
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. <<NOTE: Nov. 25, 2002 - [S. 1214]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Maritime
Transportation Security Act of 2002.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 46 USC 2101 note.>> 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.
[[Page 116 STAT. 2065]]
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.
[[Page 116 STAT. 2066]]
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. <<NOTE: 46 USC 70101 note.>>
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
[[Page 116 STAT. 2067]]
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.
[[Page 116 STAT. 2068]]
SEC. 102. PORT SECURITY.
(a) In General.--Title 46, United States Code, is amended by adding
at the end the following new subtitle:
``Subtitle VI--Miscellaneous
``Chap. Sec.
``701. Port Security 70101
``CHAPTER 701--PORT SECURITY
``Sec.
``70101. Definitions.
``70102. United States facility and vessel vulnerability assessments.
``70103. Maritime transportation security plans.
``70104. Transportation security incident response.
``70105. Transportation security cards.
``70106. Maritime safety and security teams.
``70107. Grants.
``70108. Foreign port assessment.
``70109. Notifying foreign authorities.
``70110. Actions when foreign ports not maintaining effective
antiterrorism measures.
``70111. Enhanced crewmember identification.
``70112. Maritime security advisory committees.
``70113. Maritime intelligence.
``70114. Automatic identification systems.
``70115. Long-range vessel tracking system.
``70116. Secure systems of transportation.
``70117. Civil penalty.
``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
[[Page 116 STAT. 2069]]
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--
[[Page 116 STAT. 2070]]
``(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
[[Page 116 STAT. 2071]]
``(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;
[[Page 116 STAT. 2072]]
``(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).
[[Page 116 STAT. 2073]]
``Sec. 70105. Transportation security cards
``(a) Prohibition.-- <<NOTE: Regulations.>> (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) <<NOTE: Regulations.>> 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
[[Page 116 STAT. 2074]]
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
[[Page 116 STAT. 2075]]
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.
[[Page 116 STAT. 2076]]
``(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.-- <<NOTE: Regulations.>> 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
[[Page 116 STAT. 2077]]
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--
[[Page 116 STAT. 2078]]
``(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.--
[[Page 116 STAT. 2079]]
``(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.-- <<NOTE: Regulations.>> 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
[[Page 116 STAT. 2080]]
``(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
[[Page 116 STAT. 2081]]
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.
[[Page 116 STAT. 2082]]
``(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) <<NOTE: Deadline.>> 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.-- <<NOTE: Regulations.>> (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.
[[Page 116 STAT. 2083]]
``(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.
[[Page 116 STAT. 2084]]
``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.-- <<NOTE: 46 USC 70104 note.>> 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) <<NOTE: 46 USC 70101 note.>> 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) <<NOTE: 46 USC 70114 note.>> 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 <<NOTE: 46 USC 70111 note.>>
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.
[[Page 116 STAT. 2085]]
(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.''.
[[Page 116 STAT. 2086]]
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) <<NOTE: Deadline.>> 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.''.
[[Page 116 STAT. 2087]]
(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.-- <<NOTE: 43 USC 1504 note.>>
(1) Agency and department expertise and responsibilities.--
<<NOTE: Deadline.>> 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.''.
[[Page 116 STAT. 2088]]
(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) <<NOTE: 33 USC 1226 note.>> 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), <<NOTE: 19 USC 1431a.>> 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.
[[Page 116 STAT. 2089]]
``(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) <<NOTE: 19 USC 2071 note.>>
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 <<NOTE: Regulations. Deadline.>> 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)--
[[Page 116 STAT. 2090]]
(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) <<NOTE: 19 USC 2071.>> is repealed.
SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING. <<NOTE: 46 USC 70101
note.>>
(a) In General.--
(1) Development of standards.-- <<NOTE: Deadline.>> 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
[[Page 116 STAT. 2091]]
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) <<NOTE: 46 USC 70101 note.>> 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.
[[Page 116 STAT. 2092]]
(c) <<NOTE: 46 USC 70116 note.>> 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. <<NOTE: 46 USC 70116 note.>>
<<NOTE: Deadline.>> 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. <<NOTE: 46 USC 70101 note.>> 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.
[[Page 116 STAT. 2093]]
(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. <<NOTE: 46 USC 70103 note.>> 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-- <<NOTE: Maritime Policy Improvement Act of 2002.>> MARITIME
POLICY IMPROVEMENT
SEC. 201. SHORT TITLE. <<NOTE: 46 USC 2101 note.>>
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--
[[Page 116 STAT. 2094]]
(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. <<NOTE: 33 USC
1902a.>>
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.
[[Page 116 STAT. 2095]]
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.
[[Page 116 STAT. 2096]]
``(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 <<NOTE: 46 USC 12111 note.>> 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).
[[Page 116 STAT. 2097]]
(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:
[[Page 116 STAT. 2098]]
``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,
[[Page 116 STAT. 2099]]
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.
[[Page 116 STAT. 2100]]
(c) <<NOTE: 46 USC app. 883.>> 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
[[Page 116 STAT. 2101]]
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
[[Page 116 STAT. 2102]]
(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) <<NOTE: 49 USC 102 note.>> 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-- <<NOTE: Coast Guard Personnel and Maritime Safety Act of
2002.>> COAST GUARD PERSONNEL AND MARITIME SAFETY
SEC. 301. SHORT TITLE. <<NOTE: 14 USC 1 note.>>
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
[[Page 116 STAT. 2103]]
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) <<NOTE: 26 USC 9509 note.>> 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) <<NOTE: 31 USC 1113 note.>> 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:
[[Page 116 STAT. 2104]]
(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
[[Page 116 STAT. 2105]]
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.''.
[[Page 116 STAT. 2106]]
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. <<NOTE: 14 USC 92 note.>>
(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.
[[Page 116 STAT. 2107]]
(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. <<NOTE: 14 USC 88 note.>> MODERNIZATION OF NATIONAL
DISTRESS AND RESPONSE SYSTEM.
(a) Report.-- <<NOTE: Deadline.>> 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,
[[Page 116 STAT. 2108]]
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:
[[Page 116 STAT. 2109]]
(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
[[Page 116 STAT. 2110]]
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.
[[Page 116 STAT. 2111]]
(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.-- <<NOTE: Deadline. Reports.>> 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.--
[[Page 116 STAT. 2112]]
(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
[[Page 116 STAT. 2113]]
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-- <<NOTE: Omnibus Maritime and Coast Guard Improvements Act of
2002.>> OMNIBUS MARITIME IMPROVEMENTS
SEC. 401. SHORT TITLE. <<NOTE: 14 USC 1 note.>>
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
[[Page 116 STAT. 2114]]
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. <<NOTE: 46 USC 12119 note.>> 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 <<NOTE: Deadline. Federal Register, publication.>>
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) <<NOTE: Federal Register, publication.>> every 6 months
thereafter, publish in the Federal Register an updated
inventory.
SEC. 404. <<NOTE: 46 USC app. 316a.>> 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:
[[Page 116 STAT. 2115]]
(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.
[[Page 116 STAT. 2116]]
``(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) <<NOTE: 14 USC 676 note.>> 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. <<NOTE: 14 USC 92 note.>>
(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.
[[Page 116 STAT. 2117]]
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''.
[[Page 116 STAT. 2118]]
SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT. <<NOTE: 14 USC
477 note.>>
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
[[Page 116 STAT. 2119]]
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.
[[Page 116 STAT. 2120]]
``(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
[[Page 116 STAT. 2121]]
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
[[Page 116 STAT. 2122]]
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) <<NOTE: 14 USC 286 note.>> 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
[[Page 116 STAT. 2123]]
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;
[[Page 116 STAT. 2124]]
``(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
[[Page 116 STAT. 2125]]
(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
[[Page 116 STAT. 2126]]
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. <<NOTE: 14 USC 2 note.>> ANNUAL REPORT ON COAST GUARD
CAPABILITIES AND READINESS TO FULFILL
NATIONAL DEFENSE RESPONSIBILITIES.
<<NOTE: Deadline.>> 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.
[[Page 116 STAT. 2127]]
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. <<NOTE: 14 USC 93 note.>>
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.
[[Page 116 STAT. 2128]]
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--
[[Page 116 STAT. 2129]]
(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) <<NOTE: 46 USC 5102 note.>> 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) <<NOTE: 46 USC 5102 note.>> 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. <<NOTE: 16 USC 460s-15.>> 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
[[Page 116 STAT. 2130]]
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. <<NOTE: 33 USC 1321
note.>>
(a) Report to Congress.-- <<NOTE: Deadline.>> Not later than January
1, 2004, the Secretary of the department in which the Coast Guard is
[[Page 116 STAT. 2131]]
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) <<NOTE: 46 USC 10601 note.>> 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
[[Page 116 STAT. 2132]]
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) <<NOTE: Deadline.>> 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) <<NOTE: 46 USC 6101 note.>> 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.''.
[[Page 116 STAT. 2133]]
(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-- <<NOTE: Coast Guard Authorization Act for Fiscal Year
2003.>> 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
[[Page 116 STAT. 2134]]
$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.
Approved November 25, 2002.
LEGISLATIVE HISTORY--S. 1214 (H.R. 3983):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 107-405 accompanying H.R. 3983 (Comm. on
Transportation and Infrastructure) and 107-777 (Comm. of Conference).
SENATE REPORTS: No. 107-64 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 147 (2001):
Dec. 20, considered and passed
Senate.
Vol. 148 (2002):
June 4, considered and passed House,
amended, in lieu of H.R. 3983.
Nov. 14, Senate and House agreed to
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Nov. 25, Presidential statement.
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