Congressional Record, Volume 148 Issue 71 (Tuesday, June 4, 2002)

[Congressional Record Volume 148, Number 71 (Tuesday, June 4, 2002)]
[House]
[Pages H3103-H3120]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

MARITIME TRANSPORTATION ANTITERRORISM ACT OF 2002

Mr. LoBIONDO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3983) to ensure the security of maritime transportation in
the United States against acts of terrorism, and for other purposes, as
amended.
The Clerk read as follows:

H.R. 3983

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Maritime
Transportation Antiterrorism 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. Port security.
Sec. 102. Clarification of Coast Guard authority to control vessels in
territorial waters of the United States.
Sec. 103. Extension of seaward jurisdiction.
Sec. 104. Suspension of limitation on strength of Coast Guard.
Sec. 105. Extension of Deepwater Port Act to natural gas.
Sec. 106. Assignment of Coast Guard personnel as sea marshals and
enhanced use of other security personnel.
Sec. 107. Automatic identification system.
Sec. 108. Mandatory advanced electronic information for cargo.

TITLE II--MARITIME POLICY IMPROVEMENT

Sec. 201. Short title.
Sec. 202. Vessel COASTAL VENTURE.
Sec. 203. Expansion of American Merchant Marine Memorial Wall of Honor.
Sec. 204. Discharge of agricultural cargo residue.
Sec. 205. Recording and discharging notices of claim of maritime lien.
Sec. 206. Tonnage of R/V DAVIDSON.
Sec. 207. Miscellaneous certificates of documentation.
Sec. 208. Exemption for Victory Ships.
Sec. 209. Certificate of documentation for 3 barges.
Sec. 210. Certificate of documentation for the EAGLE.
Sec. 211. Waiver for vessels in New World Challenge Race.
Sec. 212. Vessel ASPHALT COMMANDER.

TITLE III--COAST GUARD PERSONNEL AND MARINE SAFETY

Sec. 301. Short title.

Subtitle A--Personnel Management

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

Subtitle B--Marine Safety

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

Subtitle C--Renewal of Advisory Groups

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

Subtitle D--Miscellaneous

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

TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

Sec. 401. Short title.
Sec. 402. Extension of Coast Guard housing authorities.
Sec. 403. Inventory of vessels for cable laying, maintenance, and
repair.
Sec. 404. Vessel escort operations and towing assistance.
Sec. 405. Search and rescue center standards.
Sec. 406. VHF communications services.
Sec. 407. Lower Columbia River maritime fire and safety activities.
Sec. 408. Conforming references to the former Merchant Marine and
Fisheries Committee.
Sec. 409. Restriction on vessel documentation.
Sec. 410. Hypothermia protective clothing requirement.
Sec. 411. Reserve officer promotions.
Sec. 412. Regular lieutenant commanders and commanders; continuation
upon failure of selection for promotion.
Sec. 413. Reserve student pre-commissioning assistance program.
Sec. 414. Continuation on active duty beyond thirty years.
Sec. 415. Payment of death gratuities on behalf of Coast Guard
auxiliarists.
Sec. 416. Align Coast Guard severance pay and revocation of commission
authority with Department of Defense authority.
Sec. 417. Long-term lease authority for lighthouse property.
Sec. 418. Maritime Drug Law Enforcement Act amendments.
Sec. 419. Wing-in-ground craft.
Sec. 420. Electronic filing of commercial instruments for vessels.
Sec. 421. Deletion of thumbprint requirement for merchant mariners'
documents.
Sec. 422. Temporary certificates of documentation for recreational
vessels.
Sec. 423. Marine casualty investigations involving foreign vessels.
Sec. 424. Conveyance of Coast Guard property in Hampton Township,
Michigan.
Sec. 425. Conveyance of property in Traverse City, Michigan.
Sec. 426. Annual report on Coast Guard capabilities and readiness to
fulfill national defense responsibilities.
Sec. 427. Extension of authorization for oil spill recovery institute.
Sec. 428. Miscellaneous certificates of documentation.
Sec. 429. Icebreaking services.
Sec. 430. Fishing vessel safety training.
Sec. 431. Limitation on liability of pilots at Coast Guard Vessel
Traffic Services.
Sec. 432. Assistance for marine safety station on Chicago lakefront.
Sec. 433. Tonnage measurement for purposes of eligibility of certain
vessels for fishery endorsement.
Sec. 434. Extension of time for recreational vessel and associated
equipment recalls.

TITLE V--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD

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

TITLE I--MARITIME TRANSPORTATION SECURITY

SEC. 101. PORT SECURITY.

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

[[Page H3104]]

``Subtitle VI--Miscellaneous

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

``CHAPTER 701--PORT SECURITY

``Sec.
``70101. Definitions.
``70102. United States facility vulnerability assessments.
``70103. Catastrophic emergency planning.
``70104. Antiterrorism response.
``70105. Transportation security cards.
``70106. Maritime antiterrorism teams.
``70107. Grants.
``70108. Foreign port assessment.
``70109. Notifying foreign authorities.
``70110. Actions when foreign ports not maintaining effective
antiterrorism measures.
``70111. Crew and passenger manifests.
``70112. Civil penalty.

``Sec. 70101. Definitions

``For the purpose of this chapter:
``(1) The term `Area Maritime Transportation Antiterrorism
Plan' means an Area Maritime Transportation Antiterrorism
Plan prepared under section 70103(b).
``(2) The term `catastrophic emergency' means any event
caused by a terrorist act in the United States or on a vessel
on a voyage to or from the United States that causes, or may
cause, substantial loss of human life or major economic
disruption in any particular area.
``(3) 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.
``(4) The term `National Maritime Transportation
Antiterrorism Plan' means the National Maritime
Transportation Antiterrorism Plan prepared and published
under section 70103(a).
``(5) 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 or
operating such facility.
``(6) The term `Secretary' means the Secretary of
Transportation.
``(7) The term `Under Secretary' means the Under Secretary
of Transportation for Security.

``Sec. 70102. United States facility vulnerability
assessments

``(a) In General.--The Secretary shall conduct a port
vulnerability assessment, including an assessment of the
vulnerability of each facility in a port, for each port in
the United States for which the Secretary believes there is a
high risk of catastrophic emergency.
``(b) Facility Assessments.--(1) An assessment under this
section for a port shall include an assessment of each
facility in the port.
``(2) Upon completion of an assessment under this section
for a port, the Secretary shall provide to the owner or
operator of each facility in the port a copy of the
assessment of the facility under this subsection.
``(c) Acceptance of Existing Assessment.--In lieu of
conducting such a port vulnerability assessment under this
section, the Secretary may accept an assessment conducted by
or on behalf of a port authority or marine terminal operator.

``Sec. 70103. Catastrophic emergency planning

``(a) National Maritime Transportation Antiterrorism
Plan.--(1) The Secretary shall prepare a National Maritime
Transportation Antiterrorism Plan for deterring a
catastrophic emergency.
``(2) The National Maritime Transportation Antiterrorism
Plan shall provide for efficient, coordinated, and effective
action to deter and minimize damage from catastrophic
emergencies, and shall include the following:
``(A) Assignment of duties and responsibilities among
Federal departments and agencies in coordination with State
and local governmental agencies.
``(B) Identification of security resources.
``(C) Establishment of procedures for the coordination of
activities of--
``(i) Coast Guard maritime antiterrorism teams established
under this chapter; and
``(ii) Federal Maritime Antiterrorism Coordinators.
``(D) A system of surveillance and notice designed to
safeguard against as well as ensure earliest possible notice
of catastrophic emergencies and imminent threats of
catastrophic emergencies to the appropriate State and Federal
agencies.
``(E) Establishment of criteria and procedures to ensure
immediate and effective Federal identification of a
catastrophic emergency, or the substantial threat of a
catastrophic emergency.
``(F) Designation of--
``(i) areas for which Area Maritime Transportation
Antiterrorism Plans are required to be prepared under
subsection (b); and
``(ii) a Coast Guard official who shall be the Federal
Maritime Antiterrorism Coordinator for each such area.
``(3) The Secretary may, from time to time, as the
Secretary considers advisable, revise or otherwise amend the
National Maritime Transportation Antiterrorism Plan.
``(4) Actions to deter and minimize damage from
catastrophic emergencies shall, to the greatest extent
possible, be in accordance with the National Maritime
Transportation Antiterrorism Plan.
``(b) Area Maritime Transportation Antiterrorism Plans.--
(1) The Federal Maritime Antiterrorism Coordinator designated
under subsection (a)(2)(F) for an area shall--
``(A) submit to the Secretary an Area Maritime
Transportation Antiterrorism Plan for the area; and
``(B) solicit advice from local harbor safety advisory
committees to assure preplanning of joint terrorism
deterrence efforts, including appropriate procedures for
deterrence of acts of terrorism.
``(2) The Area Maritime Transportation Antiterrorism Plan
shall--
``(A) when implemented in conjunction with the National
Maritime Transportation Antiterrorism Plan, be adequate to
deter a terrorist act in or near the area to the maximum
extent practicable;
``(B) describe the area covered by the plan, including the
areas of population or special economic, environmental or
national security importance that might be damaged by a
terrorist act;
``(C) describe in detail how the plan is integrated with
other Area Maritime Transportation Antiterrorism Plans, and
with facility antiterrorism plans and vessel antiterrorism
plans under this section;
``(D) include any other information the Secretary requires;
and
``(E) be updated at least every five years by the Federal
Maritime Antiterrorism Coordinator.
``(3) The Secretary shall--
``(A) review and approve Area Maritime Transportation
Antiterrorism Plans under this subsection; and
``(B) periodically review previously approved Area Maritime
Transportation Antiterrorism Plans.
``(c) Vessel and Facility Antiterrorism Plans.--(1) Before
January 1, 2003, an owner or operator of a vessel or facility
described in paragraph (2) shall prepare and submit to the
Secretary a antiterrorism plan for the vessel or facility,
for deterring a catastrophic emergency to the maximum extent
practicable.
``(2) The vessels and facilities referred to in paragraph
(1) are vessels and facilities that the Secretary believes
may be involved in a catastrophic emergency.
``(3) A antiterrorism plan required under this subsection
shall--
``(A) be consistent with the requirements of the National
Maritime Transportation Antiterrorism Plan and Area Maritime
Transportation Antiterrorism Plans;
``(B) identify the qualified individual having full
authority to implement antiterrorism 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) identify, and ensure by contract or other means
approved by the Secretary, the availability of antiterrorism
measures necessary to deter a catastrophic emergency or a
substantial threat of such a catastrophic emergency;
``(D) describe the training, periodic unannounced drills,
and antiterrorism actions of persons on the vessel or at the
facility, to be carried out under the plan to deter a
catastrophic emergency, or a substantial threat of a
catastrophic emergency;
``(E) be updated at least every five years; and
``(F) be resubmitted for approval of each significant
change.
``(4) The Secretary shall--
``(A) promptly review each such plan;
``(B) require amendments to any plan that does not meet the
requirements of this subsection;
``(C) approve any plan that meets the requirements of this
subsection; and
``(D) review each plan periodically thereafter.
``(5) A vessel or facility for which a plan is required to
be submitted under this subsection may not operate after
January 1, 2003, 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
antiterrorism 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 certifies that the owner or operator has ensured
by contract or other means approved by the Secretary to deter
a catastrophic emergency or a substantial threat of a
catastrophic emergency.
``(7) The Secretary shall require each 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 until the antiterrorism
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 antiterrorism plans, vessel antiterrorism
plans, and port vulnerability assessments; and
``(2) other information related to antiterrorism plans,
procedures, or programs for vessels or terminals authorized
under this chapter.
``(e) Performance Standards.--By not later than June 30,
2003, the Under Secretary, in consultation with the
Transportation Security Oversight Board, shall--

[[Page H3105]]

``(1) develop and maintain a 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. 70104. Antiterrorism response

``(a) Coordination.--The Secretary shall cooperate with the
Director of the Federal Emergency Management Agency to ensure
that Federal, State, and local terrorism response resources
are coordinated as part of the Director's terrorism response
plan for United States ports and waterways.
``(b) Vessel Response Plan System.--Before January 1, 2003,
the Secretary shall establish a system of antiterrorism
response plans for vessels that may be involved in a
catastrophic emergency.

``Sec. 70105. Transportation security cards

``(a) Prohibition.--(1) An individual shall not enter an
area of a vessel or facility that is designated as a secure
area in an antiterrorism plan for the vessel or facility that
is approved by the Secretary under section 70103(c) 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
transportation security card to an individual specified in
paragraph (2), unless the Secretary decides that the
individual poses a terrorism security risk warranting denial
of the card.
``(2) This subsection applies to--
``(A) an individual allowed unescorted access to a secure
area designated in a maritime transportation antiterrorism
plan;
``(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; and
``(E) an individual engaged on a vessel that may be
involved in a catastrophic emergency.
``(c) Determination of Terrorism Security Risk.--(1) An
individual may not be denied a transportation security card
under subsection (a) unless the Secretary determines that
individual--
``(A) has been convicted of a felony that the Secretary
believes could be a terrorism security risk to the United
States;
``(B) 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
``(C) otherwise poses a terrorism security risk to the
United States.
``(2) In making a determination under paragraph (1), the
Secretary shall 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 security risk warranting denial of
the card.
``(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 of Transportation under this section may not be
made available to the public under section 552 of title 5.
``(2) Any information constituting grounds for denial of a
transportation security card under subsection (c)(1) shall be
maintained confidentially by the Secretary and may be used
only for making determinations 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 antiterrorism teams

``(a) In General.--The Secretary shall establish maritime
antiterrorism teams to safeguard the public and protect
vessels, ports, facilities, and cargo on waters subject to
the jurisdiction of the United States from terrorist
activity.
``(b) Mission.--Each maritime antiterrorism team shall be
trained, equipped, and capable of being employed to deter,
protect against, and rapidly respond to threats of terrorism.
``(c) Coordination With Other Agencies.--To the maximum
extent feasible, each maritime antiterrorism team shall
coordinate its activities with other Federal, State, and
local law enforcement agencies.

``Sec. 70107. Grants

``(a) Financial Assistance.--The Under Secretary may
provide financial assistance for enhanced facility security--
``(1) to implement a maritime antiterrorism plan approved
by the Secretary; or
``(2) to implement an interim measure required by the
Secretary under section 70103(c)(7).
``(b) Matching Requirements.--(1) Except as provided in
paragraph (2), Federal funds for any project under this
section shall not exceed 75 percent of the total cost of such
project.
``(2)(A) There are no matching requirements for grants
under subsection (a) for projects costing not more than
$25,000.
``(B) If the Under Secretary determines that a proposed
project merits support and cannot be undertaken without a
higher rate of Federal support, then the Under Secretary may
approve grants under this section with a matching requirement
other than that specified in paragraph (1).
``(c) Project Proposals.--Each proposal for a grant under
this section shall include the following:
``(1) The name of the individual or entity responsible for
conducting the project.
``(2) A comprehensive description of the need for the
project, and a statement of the project's relationship to the
Area Maritime Transportation Antiterrorism Plan that applies
to the location where the project will be carried out.
``(3) A description of the qualifications of the
individuals who will conduct the project.
``(4) An estimate of the funds and time required to
complete the project.
``(5) Information regarding the source and amount of
matching funding available to the applicant, as appropriate.
``(6) Any other information the Under Secretary considers
to be necessary for evaluating the eligibility of the project
for funding under this section.
``(d) Authorization of Appropriations.--(1) To carry out
this section there is authorized to be appropriated to the
Secretary $83,000,000 for each of fiscal years 2003, 2004,
and 2005.
``(2) Of amounts available under this section, $7,500,000
shall be used for proof-of-concept technology grants,
including proposals from a national security laboratory
referred to in section 3281(1)(C) of division C of Public Law
106-65 (50 U.S.C. 2471(1)(C)).
``(3) Of the amounts available under this section,
$7,500,000 shall be used to reimburse a port for enhanced
facility security measures undertaken in the period beginning
September 11, 2001, and ending September 30, 2003.
``(4) Amounts appropriated under this section may remain
available until expended.
``(e) Maritime Security Training Grants.--(1) The Under
Secretary may make a grant of not more than $500,000 for each
of fiscal years 2003, 2004, and 2005, to each of the
following educational institutions for development and
implementation of a comprehensive port and maritime security
education program:
``(A) Each of the 6 State maritime academies.
``(B) The United States Merchant Marine Academy.
``(C) The Appalachian Transportation Institute.
``(2) There is authorized to be appropriated, $4,000,000
for grants made under 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
high risk of introducing terrorism 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.

[[Page H3106]]

``(c) Consultation.--In carrying out this section, the
Secretary may consult with--
``(1) the Secretary of Defense and the Secretary of State--
``(A) on the terrorist threat that exists in each country
involved; and
``(B) to identify foreign ports that pose a high risk of
introducing terrorism to international maritime commerce;
``(2) the Secretary of the Treasury;
``(3) appropriate authorities of foreign governments; and
``(4) operators of vessels.

``Sec. 70109. Notifying foreign authorities

``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.

``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 may--
``(1) prescribe conditions of entry into the United States
for any vessel arriving from that port, or any vessel
carrying cargo originating from or transshipped through that
port; and
``(2) deny entry into the United States to any vessel that
does not meet such conditions.
``(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. Crew and passenger manifests

``(a) In General.--The operator of each commercial vessel
arriving in the United States from a foreign port shall
provide to the Under Secretary by electronic transmission a
passenger and crew manifest containing the information
specified in subsection (b).
``(b) Information.--A passenger and crew manifest required
under subsection (a) for a vessel shall contain the following
information:
``(1) The full name of each passenger and crew member.
``(2) The date of birth and citizenship of each passenger
and crew member.
``(3) The sex of each passenger and crew member.
``(4) The passport number and country of issuance of each
passenger and crew member if required for travel.
``(5) The United States visa number or resident alien card
number of each passenger and crew member, as applicable.
``(6) Such other information as the Under Secretary
determines is reasonably necessary to ensure maritime safety.
``(c) Transmission of Manifest.--Subject to subsection (d),
a passenger and crew manifest required for a vessel under
subsection (a) shall be transmitted to the Under Secretary in
advance of the vessel arriving in the United States in such
manner, time, and form as the Under Secretary prescribes.
``(d) Transmission of Manifests to Other Federal
Agencies.--Upon request, information provided to the Under
Secretary under this section may be shared with other Federal
agencies for the purpose of protecting national security.

``Sec. 70112. 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) Application of Crew and Passenger Manifest
Requirement.--Section 70111 of title 46, United States Code,
as enacted by the amendment made by subsection (a), shall
apply with respect to any vessel arriving in the United
States after the 60-day period beginning on the date of the
enactment of this Act.
(d) Rulemaking Requirements.--
(1) Interim final rule authority.--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.
(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.

SEC. 102. CLARIFICATION OF COAST GUARD AUTHORITY TO CONTROL
VESSELS IN TERRITORIAL WATERS OF THE UNITED
STATES.

The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.)
is amended by adding at the end the following:

``SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DIRECTION
OF VESSELS BY COAST GUARD.

``(a) Notification of Coast Guard.--Under regulations
prescribed by the Secretary, a commercial vessel entering the
territorial sea of the United States shall notify the
Secretary by electronic transmission not later than 96 hours
before that entry and provide the following information
regarding the vessel:
``(1) The name of the vessel.
``(2) The route and port or place of destination in the
United States.
``(3) The time of entry into the territorial sea.
``(4) Any information requested by the Secretary to
demonstrate compliance with applicable international
agreements to which the United States is a party.
``(5) If the vessel is carrying dangerous cargo, a
description of that cargo.
``(6) A description of any hazardous conditions on the
vessel.
``(7) Any other information requested by the Secretary.
``(b) Denial of Entry.--The Secretary may deny entry of a
vessel into the territorial sea of the United States if--
``(1) the Secretary has not received notification for the
vessel in accordance with subsection (a); or
``(2) the vessel is not in compliance with any other
applicable law relating to marine safety, security, or
environmental protection.
``(c) Direction of Vessel.--The Secretary may direct the
operation of any vessel in the navigable waters of the United
States as necessary during hazardous circumstances, including
the absence of a pilot required by State or Federal law,
weather, casualty, vessel traffic, or the poor condition of
the vessel.
``(d) Implementation.--The Secretary shall implement this
section consistent with section 4(d).''.

SEC. 103. 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) 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 any
rule, regulation or order issued 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. 104. SUSPENSION OF LIMITATION ON STRENGTH OF COAST
GUARD.

(a) Personnel End Strengths.--Section 661(a) of title 14,
United States Code, is amended by adding at the end the
following: ``If at the end of any fiscal year there is in
effect a declaration of war or national emergency, the
President may defer the effectiveness of any end-strength
limitation with respect to that fiscal year prescribed by law
for any military or civilian component of the Coast Guard,
for a period not to exceed 6 months after the end of the war
or termination of the national emergency.''.
(b) Officers in Coast Guard Reserve.--Section 724 of title
14, United States Code, is amended by adding at the end
thereof the following:
``(c) Deferral of Limitation.--If at the end of any fiscal
year there is in effect a declaration of war or national
emergency, the President may defer the effectiveness of any
end-strength limitation with respect to that fiscal year
prescribed by law for any military or civilian component of
the Coast Guard Reserve, for a period not to exceed 6 months
after the end of the war or termination of the national
emergency.''.

SEC. 105. 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.

[[Page H3107]]

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 3(9) (33 U.S.C. 1502(9)).
(3) Section 4(a) (33 U.S.C. 1503(a)).
(4) Section 5(c)(2)(G) and (H) (33 U.S.C. 1504(c)(2)(G) and
(H)).
(5) Section 5(i)(2)(B) (33 U.S.C. 1504(i)(2)(B)).
(6) Section 5(i)(3)(C) (33 U.S.C. 1504 (i)(3)(C)).
(7) Section 8 (33 U.S.C. 1507).
(8) Section 21(a) (33 U.S.C. 1520(a)).
(b) Definition of Natural Gas.--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; and
(2) by inserting after paragraph (12) the following:
``(13) `natural gas' means either natural gas unmixed, or
any mixture of natural or artificial gas, including liquefied
natural gas;''.
(c) Facility Approval.--
(1) Section 5(d) of the Deepwater Port Act of 1974 (33
U.S.C. 1504(d)) is amended by adding at the end the
following:
``(4) This subsection shall not apply to deepwater ports
for natural gas.''.
(2) Section 5(i) of the Deepwater Port Act of 1974 (33
U.S.C. 1504(i)) is amended by adding at the end the
following:
``(4) The Secretary shall approve or deny any application
for a deepwater port for natural gas submitted pursuant to
this Act not later than 90 days after the last public hearing
on a proposed license. The Secretary shall not consider
paragraphs (1), (2), and (3) of this subsection for an
application for a deepwater port for natural gas.''.
(d) Facility Development.--Section 8 of the Deepwater Port
Act of 1974 (33 U.S.C. 1507) is amended by adding at the end
the following:
``(d) Managed Access.--Notwithstanding subsections (a) and
(b), a licensee may exclusively utilize the entire capacity
of the deepwater port and storage facilities for the
acceptance, transport, 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, regasification, or conveyance of
natural gas produced, processed, marketed, or otherwise
obtained by agreement by such licensee or its affiliates.
``(e) Jurisdiction.--For the purpose of this Act, the
acceptance, transport, regasification, or conveyance of
natural gas shall be subject to regulation exclusively under
this Act until the natural gas from a deepwater port is
delivered out of the deepwater port facilities of the
licensee.''.
(e) Regulations.--
(1) 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 their 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) 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.

SEC. 106. 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 facilities and vessels to deter or respond
to acts of terrorism.''.
(b) Report on Use of Non-Coast Guard Personnel.--The
Secretary of Transportation 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. 107. AUTOMATIC IDENTIFICATION SYSTEM.

(a) Transponder Requirement.--
(1) In general.--Subject to paragraph (2), the following
vessels, while operating on the navigable waters of the
United States, shall be equipped with a position indicating
transponder and an appropriate situation display or other
device suitable for accessing information made available by
the transponder system, in accordance with regulations
prescribed by the Secretary of Transportation:
(A) Vessels subject to Public Law 92-63.
(B) Small passenger vessels carrying more than a number of
passengers determined by the Secretary of Transportation.
(C) Towing vessels while towing astern or pushing ahead or
alongside, except commercial assistance towing vessels
rendering assistance to disabled small vessels.
(2) Exemption.--The Secretary may exempt a vessel from
paragraph (1) if the Secretary finds that a transponder is
not necessary for the safe navigation of the vessel on the
waters on which the vessel operates.
(b) Regulations.--The Secretary of Transportation shall
issue regulations implementing subsection (a), including
requirements for the operation and maintenance of
transponders required under subsection (a).
(c) Application.--Subsection (a) shall apply as follows:
(1) On and after December 31, 2002, to--
(A) any vessel built after that date; and
(B) notwithstanding paragraphs (2) and (3), any vessel
operating within the geographic boundaries of a Vessel
Traffic Service.
(2) On and after July 1, 2003, to any vessel built before
the date referred to in paragraph (1) that is--
(A) a passenger vessel;
(B) a tanker; or
(C) a towing vessel engaged in moving a tank vessel.
(3) On and after December 31, 2004, to all other vessels
built before the date referred to in paragraph (1).

SEC. 108. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR
CARGO.

(a) In General.--Section 431(b) of the Tariff Act of 1930
(19 U.S.C. 1431(b)) is amended--
(1) in the first sentence, by striking ``Any manifest'' and
inserting ``(1) Any manifest''; and
(2) by adding at the end the following:
``(2)(A) In addition to any other requirement under this
section, for each land, air, or vessel carrier required to
make entry under the customs laws of the United States, the
pilot, the master, operator, or owner of such carrier (or the
authorized agent of such operator or owner) shall provide by
electronic transmission cargo information in advance of such
entry in such manner, time, and form as prescribed under
regulations by the Secretary. In issuing such regulations,
the Secretary shall consult with other appropriate Federal
departments and agencies as part of an interagency process,
including, but not limited to, the Department of
Transportation, the Department of Justice, and the Department
of Defense. The Secretary may exclude any class of land, air,
or vessel carrier for which the Secretary concludes the
requirements of this subparagraph are not necessary.
``(B) The Secretary shall provide to appropriate Federal
departments and agencies cargo information obtained pursuant
to subparagraph (A). In carrying out the preceding sentence,
the Secretary, to the maximum extent practicable, shall
protect the privacy and property rights with respect to the
cargo involved.''.
(b) Conforming Amendments.--Subparagraphs (A) and (C) of
section 431(d)(1) of such Act are each amended by inserting
before the semicolon ``or subsection (b)(2)''.

TITLE II--MARITIME POLICY IMPROVEMENT

SEC. 201. SHORT TITLE.

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

SEC. 202. VESSEL COASTAL VENTURE.

Section 1120(g) of the Coast Guard Authorization Act of
1996 (Public Law 104-324; 110 Stat. 3978) is amended by
inserting ``COASTAL VENTURE (United States official number
971086),'' after ``vessels''.

SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL WALL
OF HONOR.

(a) Findings.--The Congress finds that--
(1) the United States Merchant Marine has served the people
of the United States in all wars since 1775;
(2) the United States Merchant Marine served as the
Nation's first navy and defeated the British Navy to help
gain the Nation's independence;
(3) the United States Merchant Marine kept the lifeline of
freedom open to the allies of the United States during the
Second World War, making one of the most significant
contributions made by any nation to the victory of the allies
in that war;
(4) President Franklin D. Roosevelt and many military
leaders praised the role of the United States Merchant Marine
as the ``Fourth Arm of Defense'' during the Second World War;
(5) more than 250,000 men and women served in the United
States Merchant Marine during the Second World War;
(6) during the Second World War, members of the United
States Merchant Marine faced dangers from the elements and
from submarines, mines, armed raiders, destroyers, aircraft,
and ``kamikaze'' pilots;
(7) during the Second World War, at least 6,830 members of
the United States Merchant Marine were killed at sea;
(8) during the Second World War, 11,000 members of the
United States Merchant Marine were wounded, at least 1,100 of
whom later died from their wounds;

[[Page H3108]]

(9) during the Second World War, 604 members of the United
States Merchant Marine were taken prisoner;
(10) 1 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 2002.

SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.

Notwithstanding any other provision of law, the discharge
from a vessel of any agricultural cargo residue material in
the form of hold washings shall be governed exclusively by
the provisions of the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) that implement Annex V to the
International Convention for the Prevention of Pollution from
Ships.

SEC. 205. RECORDING AND DISCHARGING NOTICES OF CLAIM OF
MARITIME LIEN.

(a) Liens on Any Documented Vessel.--
(1) In general.--Section 31343 of title 46, United States
Code, is amended as follows:
(A) By amending the section heading to read as follows:

``Sec. 31343. Recording and discharging notices of claim of
maritime lien''.

(B) In subsection (a) by striking ``covered by a preferred
mortgage filed or recorded under this chapter'' and inserting
``documented, or for which an application for documentation
has been filed, under chapter 121''.
(C) By amending subsection (b) to read as follows:
``(b)(1) The Secretary shall record a notice complying with
subsection (a) of this section if, when the notice is
presented to the Secretary for recording, the person having
the claim files with the notice a declaration stating the
following:
``(A) The information in the notice is true and correct to
the best of the knowledge, information, and belief of the
individual who signed it.
``(B) A copy of the notice, as presented for recordation,
has been sent to each of the following:
``(i) The owner of the vessel.
``(ii) Each person that recorded under section 31343(a) of
this title 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 to declare that a vessel is
not subject to a lien claimed under subsection (b) of this
section, or that the vessel is not subject to the notice of
claim of lien, or both, regardless of the amount in
controversy or the citizenship of the parties. Venue in such
an action shall be in the district where the vessel is found,
or where the claimant resides, or where the notice of claim
of lien is recorded. The court may award costs and attorneys
fees to the prevailing party, unless the court finds that the
position of the other party was substantially justified or
other circumstances make an award of costs and attorneys fees
unjust. The Secretary shall record any such declaratory
order.''.
(E) By adding at the end the following:
``(e) A notice of claim of lien recorded under subsection
(b) of this section shall expire 3 years after the date the
lien was established, as such date is stated in the notice
under subsection (a) of this section.
``(f) This section does not alter in any respect the law
pertaining to the establishment of a maritime lien, the
remedy provided by such a lien, or the defenses thereto,
including any defense under the doctrine of laches.''.
(2) Clerical amendment.--The table of sections at the
beginning of 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 ``12106(e) of title 46,'' and inserting ``Except as
provided in section 611 of the Merchant Marine Act, 1936 (46
App. U.S.C. 1181) and in section 12106(e) of title 46,''.
(e) Effective Date.--This section shall take effect July 1,
2002.

SEC. 206. TONNAGE OF R/V DAVIDSON.

(a) In General.--The Secretary of Transportation 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.

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 Transportation may issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the following vessels:
(1) LOOKING GLASS (United States official number 925735).
(2) YANKEE (United States official number 1076210).
(3) LUCKY DOG of St. Petersburg, Florida (State of Florida
registration number FLZP7569E373).
(4) ENTERPRIZE (United States official number 1077571).
(5) M/V SANDPIPER (United States official number 1079439).
(6) FRITHA (United States official number 1085943).
(7) PUFFIN (United States official number 697029).
(8) VICTORY OF BURNHAM (United States official number
663780).
(9) R'ADVENTURE II (United States official number 905373).
(10) ANTJA (State of Florida registration number FL3475MA).
(11) SKIMMER, manufactured by Contour Yachts, Inc. (hull
identification number QHG34031D001).
(12) TOKEENA (State of South Carolina registration number
SC 1602 BJ).
(13) DOUBLE EAGLE2 (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).

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 steamship 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.''.

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
Transportation 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.

[[Page H3109]]

(3) The former railroad car barge TOMMY, having a length of
185 feet and a width of 34 feet.
(c) Limitation on Operation.--A vessel issued a certificate
of documentation under this section may be used only as a
floating platform for launching fireworks, including
transportation of materials associated with that use.

SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), chapter 121 of title 46, United States
Code, and section 1 of the Act of May 28, 1906 (46 App.
U.S.C. 292), the Secretary of Transportation 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.

TITLE III--COAST GUARD PERSONNEL AND MARITIME SAFETY

SEC. 301. SHORT TITLE.

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

Subtitle A--Personnel Management

SEC. 311. COAST GUARD BAND DIRECTOR RANK.

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

SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

(a) In General.--Section 511 of title 14, United States
Code, is amended to read as follows:

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

``The Secretary may grant compensatory absence from duty to
military personnel of the Coast Guard serving at isolated
duty stations of the Coast Guard when conditions of duty
result in confinement because of isolation or in long periods
of continuous duty.''.
(b) Clerical Amendment.--The chapter analysis 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 a new subsection
(c) to read as follows:
``(c)(1) After selecting the officers to be recommended for
promotion, a selection board may recommend officers of
particular merit, from among those officers chosen for
promotion, to be placed at the top of the list of selectees
promulgated by the Secretary under section 271(a) of this
title. The number of officers that a board may recommend to
be placed at the top of the list of selectees may not exceed
the percentages set forth in subsection (b) unless such a
percentage is a number less than one, in which case the board
may recommend one officer for such placement. No officer may
be recommended to be placed at the top of the list of
selectees unless he or she receives the recommendation of at
least a majority of the members of a board composed of five
members, or at least two-thirds of the members of a board
composed of more than five members.
``(2) The Secretary shall conduct a survey of the Coast
Guard officer corps to determine if implementation of this
subsection will improve Coast Guard officer retention. A
selection board may not make any recommendation under this
subsection before the date on which the Secretary publishes a
finding, based upon the results of the survey, that
implementation of this subsection will improve Coast Guard
officer retention.
``(3) The Secretary shall submit any finding made by the
Secretary pursuant to paragraph (2) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.'';
(2) in section 260(a), by inserting ``and the names of
those officers recommended to be advanced to the top of the
list of selectees established by the Secretary under section
271(a) of this title'' after ``promotion''; and
(3) in section 271(a), by inserting at the end thereof 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. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.

Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1) Coast guard operations and expenditures.--Section 651
of title 14, United States Code.
(2) Summary of marine casualties reported during prior
fiscal year.--Section 6307(c) of title 46, United States
Code.
(3) User fee activities and amounts.--Section 664 of title
46, United States Code.
(4) Conditions of public ports of the united states.--
Section 308(c) of title 49, United States Code.
(5) Activities of federal maritime commission.--Section 208
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118).
(6) Activities of interagency coordinating committee on oil
pollution research.--Section 7001(e) of the Oil Pollution Act
of 1990 (33 U.S.C. 2761(e)).

SEC. 323. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND
ADVANCEMENT AUTHORITY.

Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C.
2752(b)) is amended after the first sentence by inserting
``To the extent that such amount is not adequate for removal
of a discharge or the mitigation or prevention of a
substantial threat of a discharge, the Coast Guard may obtain
an advance from the Fund such sums as may be necessary, up to
a maximum of $100,000,000, and within 30 days shall notify
Congress of the amount advanced and the facts and
circumstances necessitating the advance. Amounts advanced
shall be repaid to the Fund when, and to the extent that
removal costs are recovered by the Coast Guard from
responsible parties for the discharge or substantial threat
of discharge.''.

SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

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

SEC. 325. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING
WITH SAFE OPERATION.

Section 2302(a) of title 46, United States Code, is amended
by striking ``$1,000.'' and inserting ``$5,000 in the case of
a recreational vessel, or $25,000 in the case of any other
vessel.''.

[[Page H3110]]

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 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)(I) and inserting ``(5 App. U.S.C.)''; and
(4) by striking ``of September 30, 2000'' and inserting
``on September 30, 2005''.
(b) Conforming Amendment.--The chapter analysis 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 of the Coast Guard Authorization Act of 1991
(Public Law 102-241) is amended by striking ``September 30,
2000'' in subsection (g) and inserting ``September 30,
2005''.

SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.

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

SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

Section 13110 of title 46, United States Code, is amended
by striking ``September 30, 2000'' in subsection (e) 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'' (33
U.S.C. 1231a) is amended by striking ``September 30, 2000.''
in subsection (e) and inserting ``September 30, 2005.''.

Subtitle D--Miscellaneous

SEC. 341. PATROL CRAFT.

Notwithstanding any other provision of law, the Secretary
of Transportation 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) Federal Funding.--Section 4(b)(3) of the Act of August
9, 1950 (16 U.S.C. 777c(b)(3)) is amended by striking
``$82,000,000'' and inserting ``$83,000,000''.
(b) State Funding.--Section 13102(a)(3) of title 46, United
States Code, is amended by striking ``general State revenue''
and inserting ``State funds, including 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''.

SEC. 343. CARIBBEAN SUPPORT TENDER.

(a) In General.--The Coast Guard may 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 for Caribbean Support Tender
Personnel and Dependents.--
(1) Provision.--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.
(2) Crediting of payments.--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.
(3) Inpatient care without cost.--Notwithstanding paragraph
(1)(B), the Commandant may provide inpatient medical and
dental care in the United States without cost to foreign
military Caribbean Support Tender personnel and their
dependents accompanying them in the United States if
comparable care is made available to a comparable number of
United States military personnel in that foreign country.

SEC. 344. PROHIBITION OF NEW MARITIME USER FEES.

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

SEC. 345. GREAT LAKES LIGHTHOUSES.

(a) Findings.--The Congress finds the following:
(1) The Great Lakes are home to more than 400 lighthouses.
120 of these maritime landmarks are in the State of Michigan.
(2) Lighthouses are an important part of Great Lakes
culture and stand as a testament to the importance of
shipping in the region's political, economic, and social
history.
(3) Advances in navigation technology have made many Great
Lakes lighthouses obsolete. In Michigan alone, approximately
70 lighthouses will be designated as excess property of the
Federal Government and will be transferred to the General
Services Administration for disposal.
(4) Unfortunately, the Federal property disposal process is
confusing, complicated, and not well-suited to disposal of
historic lighthouses or to facilitate transfers to nonprofit
organizations. This is especially troubling because, in many
cases, local nonprofit historical organizations have
dedicated tremendous resources to preserving and maintaining
Great Lakes lighthouses.
(5) If Great Lakes lighthouses disappear, the public will
be unaware of an important chapter in Great Lakes history.
(6) The National Trust for Historic Preservation has placed
Michigan lighthouses on their list of Most Endangered
Historic Places.
(b) Assistance for Great Lakes Lighthouse Preservation
Efforts.--The Secretary of Transportation, acting through the
Coast Guard, shall--
(1) continue to offer advice and technical assistance to
organizations in the Great Lakes region that are dedicated to
lighthouse stewardship; and
(2) promptly release information regarding the timing of
designations of Coast Guard lighthouses on the Great Lakes as
excess to the needs of the Coast Guard, to enable those
organizations to mobilize and be prepared to take appropriate
action with respect to the disposal of those properties.

SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE
SYSTEM.

(a) Report.--The Secretary of Transportation shall prepare
a status report on the modernization of the National Distress
and Response System and transmit the report, not later than
60 days after the date of enactment of this Act, and annually
thereafter until completion of the project, to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives.
(b) Contents.--The report required by subsection (a)
shall--
(1) set forth the scope of the modernization, the schedule
for completion of the System, and information on progress in
meeting the schedule and on any anticipated delays;
(2) specify the funding expended to-date on the System, the
funding required to complete the System, and the purposes for
which the funds were or will be expended;
(3) describe and map the existing public and private
communications coverage throughout the waters of the coastal
and internal regions of the continental United States,
Alaska, Hawaii, Guam, and the Caribbean, and identify
locations that possess direction-finding, asset-tracking
communications, and digital selective calling service;
(4) identify areas of high risk to boaters and Coast Guard
personnel due to communications gaps;
(5) specify steps taken by the Secretary to fill existing
gaps in coverage, including obtaining direction-finding
equipment, digital recording systems, asset-tracking
communications, use of commercial VHF services, and digital
selective calling services that meet or exceed Global
Maritime Distress and Safety System requirements adopted
under the International Convention for the Safety of Life at
Sea;
(6) identify the number of VHF-FM radios equipped with
digital selective calling sold to United States boaters;
(7) list all reported marine accidents, casualties, and
fatalities occurring in areas with existing communications
gaps or failures, including incidents associated with gaps in
VHF-FM coverage or digital selected calling capabilities and
failures associated with inadequate communications equipment
aboard the involved vessels during calendar years 1997
forward;
(8) identify existing systems available to close 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 Transportation, 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.

[[Page H3111]]

(b) Lease to the United States.--
(1) Condition of conveyance.--The Naval Reserve Pier
property shall not be conveyed until the Corporation enters
into a lease agreement with the United States, the terms of
which are mutually satisfactory to the Commandant and the
Corporation, in which the Corporation shall lease a portion
of the Naval Reserve Pier property to the United States for a
term of 30 years without payment of consideration. The lease
agreement shall be executed within 12 months after the date
of enactment of this Act.
(2) Identification of leased premises.--The Secretary, in
consultation with the Commandant, may identify and describe
the leased premises and rights of access, including the
following, in order to allow the Coast Guard to operate and
perform missions from and upon the leased premises:
(A) The right of ingress and egress over the Naval Reserve
Pier property, including the pier and bulkhead, at any time,
without notice, for purposes of access to Coast Guard vessels
and performance of Coast Guard missions and other mission-
related activities.
(B) The right to berth Coast Guard cutters or other vessels
as required, in the moorings along the east side of the Naval
Reserve Pier property, and the right to attach floating docks
which shall be owned and maintained at the United States'
sole cost and expense.
(C) The right to operate, maintain, remove, relocate, or
replace an aid to navigation located upon, or to install any
aid to navigation upon, the Naval Reserve Pier property as
the Coast Guard, in its sole discretion, may determine is
needed for navigational purposes.
(D) The right to occupy up to 3,000 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 gross square feet of
offsite storage in a location other than the Naval Reserve
Pier property, which will be provided by the Corporation at
the Corporation's sole cost and expense, and which will be
maintained, and utilities and other operating expenses paid
for, by the United States at its sole cost and expense.
(F) The right for Coast Guard personnel to park up to 60
vehicles, at no expense to the government, in the
Corporation's parking spaces on the Naval Reserve Pier
property or in parking spaces that the Corporation may secure
within 1,000 feet of the Naval Reserve Pier property or
within 1,000 feet of the Coast Guard Marine Safety Office
Portland. Spaces for no less than 30 vehicles shall be
located on the Naval Reserve Pier property.
(3) Renewal.--The lease described in paragraph (1) may be
renewed, at the sole option of the United States, for
additional lease terms.
(4) Limitation on subleases.--The United States may not
sublease the leased premises to a third party or use the
leased premises for purposes other than fulfilling the
missions of the Coast Guard and for other mission related
activities.
(5) Termination.--In the event that the Coast Guard ceases
to use the leased premises, the Secretary, in consultation
with the Commandant, may terminate the lease with the
Corporation.
(c) Improvement of Leased Premises.--
(1) In general.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement
with the United States, subject to the Commandant's design
specifications, project's schedule, and final project
approval, to replace the bulkhead and pier which connects to,
and provides access from, the bulkhead to the floating docks,
at the Corporation's sole cost and expense, on the east side
of the Naval Reserve Pier property within 30 months from the
date of conveyance. The agreement to improve the leased
premises shall be executed within 12 months after the date of
enactment of this Act.
(2) Further improvements.--In addition to the improvements
described in paragraph (1), the Commandant may to 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,
provided that 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 bulkhead and pier on the east side of
the Naval Reserve Pier property. The agreement concerning the
maintenance of the bulkhead and pier shall be executed within
12 months after the date of enactment of this Act.
(3) Aids to navigation.--The United States shall be
required to maintain, at its sole cost and expense, any Coast
Guard active aid to navigation located upon the Naval Reserve
Pier property.
(e) Additional Rights.--The conveyance of the Naval Reserve
Pier property shall be made subject to conditions the
Secretary considers necessary to ensure that--
(1) the Corporation shall not interfere or allow
interference, in any manner, with use of the leased premises
by the United States; and
(2) the Corporation shall not interfere or allow
interference, in any manner, with any aid to navigation nor
hinder activities required for the operation and maintenance
of any aid to navigation, without the express written
permission of the head of the agency responsible for
operating and maintaining the aid to navigation.
(f) Remedies and Reversionary Interest.--The Naval Reserve
Pier property, at the option of the Secretary, shall revert
to the United States and be placed under the administrative
control of the Secretary, if, and only if, the Corporation
fails to abide by any of the terms of this section or any
agreement entered into under subsection (b), (c), or (d) of
this section.
(g) Liability of the Parties.--The liability of the United
States and the Corporation for any injury, death, or damage
to or loss of property occurring on the leased property shall
be determined with reference to existing State or Federal
law, as appropriate, and any such liability may not be
modified or enlarged by this title or any agreement of the
parties.
(h) Expiration of Authority To Convey.--The authority to
convey the Naval Reserve property under this section shall
expire 3 years after the date of enactment of this Act.
(i) Definitions.--In this section:
(1) Aid to navigation.--The term ``aid to navigation''
means equipment used for navigational purposes, including but
not limited to, 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. HARBOR SAFETY COMMITTEES.

(a) Study.--The Coast Guard shall study existing harbor
safety committees in the United States to identify--
(1) strategies for gaining successful cooperation among the
various groups having an interest in the local port or
waterway;
(2) organizational models that can be applied to new or
existing harbor safety committees or to prototype harbor
safety committees established under subsection (b);
(3) technological assistance that will help harbor safety
committees overcome local impediments to safety, mobility,
environmental protection, and port security; and
(4) recurring resources necessary to ensure the success of
harbor safety committees.
(b) Prototype Committees.--The Coast Guard shall test the
feasibility of expanding the harbor safety committee concept
to small and medium-sized ports that are not generally served
by a harbor safety committee by establishing 1 or more
prototype harbor safety committees. In selecting a location
or locations for the establishment of a prototype harbor
safety committee, the Coast Guard shall--
(1) consider the results of the study conducted under
subsection (a);
(2) consider identified safety issues for a particular
port;
(3) compare the potential benefits of establishing such a
committee with the burdens the establishment of such a
committee would impose on participating agencies and
organizations;
(4) consider the anticipated level of support from
interested parties; and
(5) take into account such other factors as may be
appropriate.
(c) Effect on Existing Programs and State Law.--Nothing in
this section--
(1) limits the scope or activities of harbor safety
committees in existence on the date of enactment of this Act;
(2) precludes the establishment of new harbor safety
committees in locations not selected for the establishment of
a prototype committee under subsection (b); or
(3) preempts State law.
(d) Nonapplication of FACA.--The Federal Advisory Committee
Act (5 App. U.S.C.) does not apply to harbor safety
committees established under this section or any other
provision of law.
(e) Harbor Safety Committee Defined.--In this section, the
term ``harbor safety committee'' means a local coordinating
body--
(1) whose responsibilities include recommending actions to
improve the safety of a port or waterway; and
(2) the membership of which includes representatives of
government agencies, maritime labor, maritime industry
companies and organizations, environmental groups, and public
interest groups.

SEC. 349. MISCELLANEOUS CONVEYANCES.

(a) Authority To Convey.--

[[Page H3112]]

(1) In general.--The Secretary of Transportation 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 title; 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, which are active aids to
navigation, shall continue to be operated and maintained by
the United States for as long as they are needed for this
purpose;
(B) the owner of the property may not interfere or allow
interference in any manner with aids to navigation without
express written permission from the Commandant;
(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:
(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) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(3) 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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.

TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

SEC. 401. SHORT TITLE.

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

SEC. 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

(a) Housing Contractors.--Section 681(a) of title 14,
United States Code, is amended by inserting ``, including a
small business concern qualified under section 8(a) of the
Small Business Act (15 U.S.C. 637(a)),'' after ``private
persons''.
(b) Budget Authority Limitation.--Section 687(f) of title
14, United States Code, is amended by striking
``$20,000,000'' and inserting ``$40,000,000''.
(c) Demonstration Project.--Section 687 of title 14, United
States Code, is amended by adding at the end the following
new subsection:
``(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 at 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 ``2006''.

SEC. 403. INVENTORY OF VESSELS FOR CABLE LAYING, MAINTENANCE,
AND REPAIR.

(a) Inventory.--The Secretary of Transportation shall
develop, maintain, and periodically update an inventory of
vessels that are documented under chapter 121 of title 46,
United States Code, are 200 feet or more in length, and have
the capability to lay, maintain, or repair a submarine cable,
without regard to whether a particular vessel is classified
as a cable ship or cable vessel.
(b) Vessel information.--For each vessel listed in the
inventory, the Secretary shall include in the inventory--
(1) the name, length, beam, depth, and other distinguishing
characteristics of the vessel;
(2) the abilities and limitations of the vessel with
respect to the laying, maintaining, and repairing of a
submarine cable; and
(3) the name and address of the person to whom inquiries
regarding the vessel may be made.
(c) Publication.--The Secretary shall--
(1) not later than 60 days after the date of enactment of
this Act, publish in the Federal Register a current inventory
developed under subsection (a); and
(2) every six months thereafter, publish an updated
inventory.

SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.

(a) In General.--Except in the case of a vessel in
distress, only a vessel of the United States (as that term is
defined in section 2101 of title 46, United States Code) may
perform the following vessel escort operations and vessel
towing assistance within the navigable waters of the United
States:
(1) Operation or assistance that commences or terminates at
a port or place in the United States.
(2) Operation or assistance required by United States law
or regulation.
(3) Operation provided in whole or in part for the purpose
of escorting or assisting a vessel within or through
navigation facilities owned, maintained, or operated by the
United States Government or the approaches to such
facilities, other than facilities operated by the St.
Lawrence Seaway Development Corporation on the St. Lawrence
River portion of the Seaway.
(b) Definitions.--In this section--
(1) the term ``towing assistance'' means operation by an
assisting vessel in direct contact with an assisted vessel
(including hull-to-hull, by towline, including if only
pretethered, or made fast to that vessel by one or more
lines) for purposes of exerting force on the assisted vessel
to control, or to assist in controlling, the movement of the
assisted vessel; and
(2) the term ``escort operations'' means accompanying a
vessel for the purpose of providing towing or towing
assistance to the vessel.
(c) 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
by adding at the end of chapter 17 the following new section:

``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:

[[Page H3113]]

``(1) The lighting, acoustics, and temperature in the
facilities.
``(2) The number of individuals on a shift in the facility
assigned search and rescue responsibilities (including
communications), which may be adjusted based on seasonal
workload.
``(3) The length of time an individual may serve on watch
to minimize fatigue, based on the best scientific information
available.
``(4) The scheduling of individuals having search and
rescue responsibilities to minimize fatigue of the individual
when on duty in the facility.
``(5) The workload of each individual engaged in search and
rescue responsibilities in the facility.
``(6) Stress management for the individuals assigned search
and rescue responsibilities in the facilities.
``(7) The design of equipment and facilities to minimize
fatigue and enhance search and rescue operations.
``(8) Any other requirements that the Secretary believes
will increase the safe operation of the search and rescue
centers.
``(b) An individual on duty or watch in a Coast Guard
search and rescue center facility, including a communications
center, may not work more than 12 hours in a 24-hour period
except in an emergency.''.
(b) Application.--Section 676(b) of title 14, United States
Code (as enacted by subsection (a) of this section) shall
apply beginning on July 1, 2002.
(c) Prescription of Standards.--The Secretary shall
prescribe the standards required under section 676(a) of
title 14, United States Code, as enacted by subsection (a) of
this section, before July 1, 2002.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 17 of title 14, United States Code, is
amended by adding at the end the following:

``676. Search and rescue center standards.''.

SEC. 406. VHF COMMUNICATIONS SERVICES.

The Secretary of Transportation 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. Nothing in the section shall affect the
rights or obligations of the United States under section
704(c) of the Telecommunications Act of 1996 (47 U.S.C. 332
note) with respect to the availability of property, or under
section 359(d) of the Communications Act of 1934 (47 U.S.C.
357(d)) with respect to charges for transmission of distress
messages.

SEC. 407. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY
ACTIVITIES.

There is authorized to be appropriated to the Secretary of
Transportation not more than $987,400 for lower Columbia
River marine, fire, oil, and toxic spill response
communications, training, equipment, and program
administration activities conducted by the Maritime Fire and
Safety Association, to remain available until expended.

SEC. 408. CONFORMING REFERENCES TO THE FORMER MERCHANT MARINE
AND FISHERIES COMMITTEE.

(a) Laws Codified in Title 14, United States Code.--(1)
Section 194(b)(2) of title 14, United States Code, is 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 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 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 by--
(1) amending paragraph (2) to read as follows:
``(2) was built in the United States;'';
(2) striking ``and'' at the end of paragraph (3);
(3) 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''; and
(4) redesignating paragraph (4) as paragraph (5).

SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT.

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

SEC. 411. RESERVE OFFICER PROMOTIONS.

(a) Section 729(i) of title 14, United States Code, is
amended by inserting ``on the date a vacancy occurs, or as
soon thereafter as practicable, in the grade to which the
officer was selected for promotion, or if promotion was
determined in accordance with a running mate system,'' after
``grade''.
(b) Section 731(b) of title 14, United States Coast Code,
is amended by striking the period at the end of the sentence
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 new subsections:
``(b) A lieutenant commander or commander of the Regular
Coast Guard subject to discharge or retirement under
subsection (a) may be continued on active duty when the
Secretary directs a selection board convened under section
251 of this title to continue up to a specified number of
lieutenant commanders or commanders on active duty. When so
directed, the selection board shall recommend those officers
who in the opinion of the board are best qualified to advance
the needs and efficiency of the Coast Guard. When the
recommendations of the board are approved by the Secretary,
the officers recommended for continuation shall be notified
that they have been recommended for continuation and offered
an additional term of service that fulfills the needs of the
Coast Guard.
``(c)(1) An officer who holds the grade of lieutenant
commander of the Regular Coast Guard may not be continued on
active duty under subsection (b) for a period that extends
beyond 24 years of active commissioned service unless
promoted to the grade of commander of the Regular Coast
Guard. An officer who holds the grade of commander of the
Regular Coast Guard may not be continued on active duty under
subsection (b) for a period that extends beyond 26 years of
active commissioned service unless promoted to the grade of
captain of the Regular Coast Guard.
``(2) Unless retired or discharged under another provision
of law, each officer who is continued on active duty under
subsection (b) but is not subsequently promoted or continued
on active duty, and is not on a list of officers recommended
for continuation or for promotion to the next higher grade,
shall, if eligible for retirement under any provision of law,
be retired under that law on the first day of the first month
following the month in which the period of continued service
is completed.''.

SEC. 413. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE
PROGRAM.

(a) In General.--Chapter 21 of title 14, United States
Code, is amended by inserting after section 709 the following
new section:

``Sec. 709a. Reserve student pre-commissioning assistance
program

``(a) The Secretary may provide financial assistance to an
eligible enlisted member of the Coast Guard Reserve, not on
active duty, for expenses of the member while the member is
pursuing on a full-time basis at an institution of higher
education a program of education approved by the Secretary
that leads to--
``(1) a baccalaureate degree in not more than five 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 must--
``(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

[[Page H3114]]

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--
``(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; and
``(4) such other expenses as 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 five consecutive academic years.
``(f) A member who receives financial assistance under this
section may be ordered to active duty in the Coast Guard
Reserve by the Secretary to serve in a designated enlisted
grade for such period as the Secretary prescribes, but not
more than four 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 member shall
reimburse the United States in an amount that bears the same
ratio to the total cost of the education provided to such
person as the unserved portion of active duty bears to the
total period of active duty such person 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 for all purposes a debt owed to the United
States.
``(2) The Secretary may waive the service obligated under
subsection (f) of a member 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, `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 analysis at the beginning of
chapter 21 of title 14, United States Code, is amended by
adding the following new item after the item relating to
section 709:

``709a. Reserve student pre-commissioning assistance program.''.

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

Section 289 of title 14, United States Code, is amended by
adding at the end the following new subsection:
``(h) Notwithstanding subsection (g) and section 288 of
this title, the Commandant may by annual action retain on
active duty from promotion year to promotion year any officer
who would otherwise be retired under subsection (g) or
section 288 of this title. An officer so retained, unless
retired under some other provision of law, shall be retired
on June 30 of that promotion year in which no action is taken
to further retain the officer under this subsection.''.

SEC. 415. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST
GUARD AUXILIARISTS.

Section 823a(b) of title 14, United States Code, is amended
by inserting the following new paragraph following paragraph
(8):
``(9) On or after January 1, 2001, Public Law 104-208,
section 651.''.

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 who 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, who 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) or (b), an officer
discharged under chapter 11 of this title for twice failing
of selection for promotion to the next higher grade is not
entitled to separation pay under this section if the officer
requested in writing or otherwise sought not to be selected
for promotion, or requested removal from the list of
selectees.'';
(4) in section 286a--
(A) by striking ``severance'' in the section heading and
inserting ``separation'' in its place; and
(B) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) A regular warrant officer of the Coast Guard who is
discharged under section 580 of title 10, and has completed 6
or more, but less than 20, continuous years of active service
immediately before that discharge is entitled to separation
pay computed under subsection (d)(1) of section 1174 of title
10.
``(b) A regular warrant officer of the Coast Guard who is
discharged under section 1165 or 1166 of title 10, and has
completed 6 or more, but less than 20, continuous years of
active service immediately before that discharge is entitled
to separation pay computed under subsection (d)(1) or (d)(2)
of section 1174 of title 10, as determined under regulations
promulgated by the Secretary.
``(c) In determining a member's years of active service for
the purpose of computing separation pay under this section,
each full month of service that is in addition to the number
of full years of service creditable to the member is counted
as one-twelfth of a year and any remaining fractional part of
a month is disregarded.''; and
(5) in section 327--
(A) by striking ``severance'' in the section heading and
inserting ``separation'';
(B) by striking subsection (a)(2) and inserting in its
place 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 in its
place 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 at the
beginning of chapter 11 of title 14, United States Code, is
amended--
(1) in the item relating to section 281, by striking
``three'' and inserting ``five'' in its place; and
(2) in the item relating to section 286, by striking
``severance'' and inserting ``separation'' in its place;
(3) in the item relating to section 286a, by striking
``severance'' and inserting ``separation'' in its place; and
(4) in the item relating to section 327, by striking
``severance'' and inserting ``separation'' in its place.
(c) Effective Date.--The amendments made by paragraphs (2),
(3), (4), and (5) of subsection (a) shall take effect four
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 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 four
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 adding at the end a new section 672b to
read as follows:

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

``(a) The Commandant of the Coast Guard may lease to non-
Federal entities, including private individuals, lighthouse
property under the administrative control of the Coast Guard
for terms not to exceed 30 years. Consideration for the use
and occupancy of lighthouse property leased under this
section, and for the value of any utilities and services
furnished to a lessee of such property by the Commandant, may
consist, in whole or in part, of non-pecuniary remuneration
including, but not limited to, the improvement, alteration,
restoration, rehabilitation, repair, and maintenance of the
leased

[[Page H3115]]

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 at the
beginning of chapter 17 of title 14, United States Code, is
amended by adding after the item relating to section 672 the
following:

``672b. Long-term lease authority for lighthouse property.''.

SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS.

(a) 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 19 U.S.C. 1401(k).''.
(b) The second section 3 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 chapter, and may support seizure and forfeiture of the
vessel, even in the absence of controlled substances aboard
the vessel. The following indicia, inter alia, 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 chapter:
``(1) The construction or adaptation of the vessel in a
manner that facilitates smuggling, including--
``(A) the configuration of the vessel to ride low in the
water or present a low hull profile to avoid being detected
visually or by radar;
``(B) the presence of any compartment or equipment which is
built or fitted out for smuggling, not including items such
as a safe or lock-box reasonably used for the storage of
personal valuables;
``(C) the presence of an auxiliary tank not installed in
accordance with applicable law, or installed in such a manner
as to enhance the vessel's smuggling capability;
``(D) the presence of engines that are excessively over-
powered in relation to the design and size of the vessel;
``(E) the presence of materials used to reduce or alter the
heat or radar signature of the vessel and avoid detection;
``(F) the presence of a camouflaging paint scheme, or of
materials used to camouflage the vessel, to avoid detection;
or
``(G) the display of false vessel registration numbers,
false indicia of vessel nationality, false vessel name, or
false vessel homeport.
``(2) The presence or absence of equipment, personnel, or
cargo inconsistent with the type or declared purpose of the
vessel.
``(3) The presence of excessive fuel, lube oil, food,
water, or spare parts, inconsistent with legitimate vessel
operation, inconsistent with the construction or equipment of
the vessel, or inconsistent with the character of the
vessel's stated purpose.
``(4) The operation of the vessel without lights during
times lights are required to be displayed under applicable
law or regulation, and in a manner of navigation consistent
with smuggling tactics used to avoid detection by law
enforcement authorities.
``(5) The failure of the vessel to stop or respond or heave
to when hailed by government authority, especially where the
vessel conducts evasive maneuvering when hailed.
``(6) The declaration to government authority of apparently
false information about the vessel, crew, or voyage, or the
failure to identify the vessel by name or country of
registration when requested to do so by government authority.
``(7) The presence of controlled substance residue on the
vessel, on an item aboard the vessel, or on a person aboard
the vessel, of a quantity or other nature which reasonably
indicates manufacturing or distribution activity.
``(8) The use of petroleum products or other substances on
the vessel to foil the detection of controlled substance
residue.
``(9) The presence of a controlled substance in the water
in the vicinity of the vessel, where given the currents,
weather conditions, and course and speed of the vessel, the
quantity or other nature is such that it reasonably indicates
manufacturing or distribution activity.''.

SEC. 419. WING-IN-GROUND CRAFT.

(a) 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 the phrase `` `small passenger vessel' means''.
(b) Section 2101 of title 46, United States Code, is
amended by adding at the end the following:
``(48) wing-in-ground craft means a vessel that is capable
of operating completely above the surface of the water on a
dynamic air cushion created by aerodynamic lift due to the
ground effect between the vessel and the water's surface.''.

SEC. 420. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR
VESSELS.

Section 31321(a)(4) of title 46, United States Code, is
amended--
(1) by striking ``(A)''; and
(2) by striking subparagraph (B).

SEC. 421. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT
MARINERS' DOCUMENTS.

Section 7303 of title 46, United States Code, is amended by
striking ``the thumbprint,''.

SEC. 422. TEMPORARY CERTIFICATES OF DOCUMENTATION FOR
RECREATIONAL VESSELS.

(a) Section 12103(a) of title 46, United States Code, is
amended by inserting ``, or a temporary certificate of
documentation,'' after ``certificate of documentation''.
(b)(1) Chapter 121 of title 46, United States Code, is
amended by adding after section 12103 the following:

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

``(a) The Secretary of Transportation 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 at the beginning of 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 new subsection:
``(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 Transportation (in this section referred to as
the ``Secretary'') shall convey to BaySail, Inc. (a nonprofit
corporation established under the laws of the State of
Michigan; in this section referred to as ``BaySail''),
without monetary consideration, all right, title, and
interest of the United States in and to property adjacent to
Coast Guard Station Saginaw River, located in Hampton
Township, Michigan, as identified under paragraph (2). No
submerged lands may be conveyed under this section.
(2) Identification of property.--The Secretary, in
consultation with the Commandant of the Coast Guard, shall
identify, describe, and determine the property to be conveyed
under this section.
(3) Survey.--The exact acreage and legal description of the
property conveyed under paragraph (1), as identified under
paragraph (2), and any easements or rights-of-way reserved by
the United States under subsection (b), shall be determined
by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by BaySail.
(b) Terms and Conditions of Conveyance.--The conveyance of
property under this section shall be made subject to any
terms and conditions the Secretary considers necessary,
including the reservation of easements and other rights on
behalf of the United States.
(c) Reversionary Interest.--
(1) In general.--During the 5-year period beginning on the
date the Secretary makes the conveyance authorized by
subsection (a), the real property conveyed pursuant to this
section, at the option of the Secretary, shall revert to the
United States and be placed under the administrative control
of the Secretary, if--
(A) BaySail sells, conveys, assigns, exchanges, or
encumbers the property conveyed or any part thereof;
(B) BaySail fails to maintain the property conveyed in a
manner consistent with the terms and conditions under
subsection (b);
(C) BaySail conducts any commercial activity at the
property conveyed, or any part thereof, without approval of
the Secretary; or
(D) at least 30 days before the reversion, the Secretary
provides written notice to the owner that the property or any
part thereof is needed for national security purposes.
(2) Additional period.--The Secretary may, before the
completion of the 5-year period described in paragraph (1),
authorize an

[[Page H3116]]

additional 5-year period during which paragraph (1) shall
apply.

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

Section 1005(c) of the Coast Guard Authorization Act of
1996 (110 Stat. 3957) is amended by striking ``the Traverse
City Area Public School District'' and inserting ``a public
or private nonprofit entity for an educational or
recreational purpose''.

SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILITIES AND
READINESS TO FULFILL NATIONAL DEFENSE
RESPONSIBILITIES.

Not later than February 15 each year, the Secretary of
Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report, prepared in
conjunction with the Commandant of the Coast Guard, setting
forth the capabilities and readiness of the Coast Guard to
fulfill its national defense responsibilities.

SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL RECOVERY
INSTITUTE.

Section 5001(i) of the Oil Pollution Act of 1990 (33 U.S.C.
2731(i)) is amended by striking ``10 years'' and all that
follows through the end of the sentence and inserting
``September 30, 2012.''.

SEC. 428. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), section 8 of the Act of June 19, 1886
(46 App. U.S.C. 289), and section 12106 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 each of the following
vessels:
(1) LAUDERDALE LADY (United States official number
1103520).
(2) SOVEREIGN (United States official number 1028144).
(3) CALEDONIA (United States official number 679530).

SEC. 429. ICEBREAKING SERVICES.

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

SEC. 430. FISHING VESSEL SAFETY TRAINING.

(a) In General.--The Commandant of the Coast Guard may
provide support, with or without reimbursement, to an entity
engaged in fishing vessel safety training including--
(1) assistance in developing training curricula;
(2) use of Coast Guard personnel, including active duty
members, members of the Coast Guard Reserve, and members of
the Coast Guard Auxiliary, as temporary or adjunct
instructors;
(3) sharing of appropriate Coast Guard informational and
safety publications; and
(4) participation on applicable fishing vessel safety
training advisory panels.
(b) No Interference With Other Functions.--In providing
support under subsection (a), the Commandant shall ensure
that the support does not interfere with any Coast Guard
function or operation.

SEC. 431. LIMITATION ON LIABILITY OF PILOTS AT COAST GUARD
VESSEL TRAFFIC SERVICES.

(a) In General.--Chapter 23 of title 46, United States
Code, is amended by adding at the end the following:

``Sec. 2307. Limitation of liability for Coast Guard Vessel
Traffic Service pilots

``Any pilot, acting in the course and scope of his or her
duties while at a United States Coast Guard Vessel Traffic
Service, who provides information, advice, or communication
assistance while under the supervision of a Coast Guard
officer, member, or employee shall not be liable for damages
caused by or related to such assistance unless the acts or
omissions of such pilot constitute gross negligence or
willful misconduct.''.
(b) Clerical Amendment.--The chapter analysis 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 Secretary of Transportation
may use amounts authorized under this section to provide
financial assistance to the City of Chicago, Illinois, to pay
the Federal share of the cost of a project to demolish the
Old Coast Guard Station, located at the north end of the
inner Chicago Harbor breakwater at the foot of Randolph
Street, and to plan, engineer, design, and construct a new
facility at that site for use as a marine safety station on
the Chicago lakefront.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project carried out with assistance under this section may
not exceed one third of the total cost of the project or
$2,000,000, whichever is less.
(2) Non-federal share.--There shall not be applied to the
non-Federal share of a project carried out with assistance
under this section--
(A) the value of land and existing facilities used for the
project; and
(B) any costs incurred for site work performed before the
date of the enactment of this Act, including costs for
reconstruction of the east breakwater wall and associated
utilities.
(c) Authorization of Appropriations.--In addition to the
other amounts authorized by this Act, for providing financial
assistance under this section there is authorized to be
appropriated to the Secretary of Transportation $2,000,000
for fiscal year 2002, to remain available until expended.

SEC. 433. TONNAGE MEASUREMENT FOR PURPOSES OF ELIGIBILITY OF
CERTAIN VESSELS FOR FISHERY ENDORSEMENT.

Section 12102(c)(5) of title 46. United States Code, is
amended by striking ``of more than 750 gross registered
tons'' and inserting ``of more than 750 gross tons as
measured under chapter 145 or 1900 gross tons as measured
under chapter 143''.

SEC. 434. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND
ASSOCIATED EQUIPMENT RECALLS.

Section 4310(c) of title 46, United States Code, is
amended--
(1) in paragraph (2)(A) and (B) by striking ``5'' each
place it appears and inserting ``10''; and
(2) in paragraph (1)(A), (B), and (C) by inserting ``by
first class mail or'' before ``by certified mail'' .

TITLE V--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD

SEC. 501. SHORT TITLE.

This title may be cited as the ``Coast Guard Authorization
Act for Fiscal Year 2002''.

SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

Funds are authorized to be appropriated for fiscal year
2002 for necessary expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the Coast Guard,
$4,205,838,000, of which--
(A) $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;
(B) $5,500,000 is authorized to be available for the
commercial fishing vessel safety program; and
(C) $623,000,000 is authorized to be available for domestic
maritime homeland security.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, $717,823,000, of which--
(A) $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;
(B) $58,500,000 is authorized to be available for domestic
maritime homeland security vessels and detection equipment;
and
(C) $338,000,000 is authorized to be available to implement
the Coast Guard's Integrated Deepwater System.
(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, $21,722,000, to remain available until
expended, of which $3,500,000 is authorized to be derived
each fiscal year from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $876,346,000.
(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, $15,466,000,
to remain available until expended, of which $1,750,000 may
be available for a new Chelsea Street bridge in Boston,
Massachusetts.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $16,927,000, 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 44,000 as
of September 30, 2002.
(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 2002,
1,500 student years.
(2) For flight training for fiscal year 2002, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2002, 300 student years.
(4) For officer acquisition for fiscal year 2002, 1,000
student years.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. LoBiondo) and the

[[Page H3117]]

gentlewoman from Florida (Ms. Brown) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. LoBiondo).
Mr. LoBIONDO. Madam Speaker, I yield such time as he may consume to
the gentleman from Alaska (Mr. Young), the chairman of the full
committee.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Madam Speaker, I rise in strong support of the
Maritime Transportation Anti-terrorism Act of 2002; but I would also
like to rise in appreciation for the chairman, the gentleman from New
Jersey (Mr. LoBiondo) for the work that he has done on this
legislation, to the gentlewoman from Florida (Ms. Brown) for her work
on this legislation.
Madam Speaker, I would suggest respectfully that this is about the
best we can do at this time. It is badly needed, but I would also like
to suggest that we have to make sure as we pass this legislation that
the intent of what we are trying to do is implemented and does not go
far beyond what we are suggesting in this legislation.
It is crucially important that our ports are protected, and we must
protect them without interfering with commerce, and we will do so. One
of goals of this legislation is to make sure that we will have the
ability to not only look at what is on our ships, what is inside our
containers, but also the crews of those ships and those that work
within our ports.
I would also like to suggest that a port is a likely target and we
have to accept that fact. The disruption that would occur, the damage
that would happen, the interference with our commerce, lord only knows
how much devastation would occur. This bill is a step in the right
direction. But, again, I must suggest, Madam Speaker, that what we do
here is not necessarily the end result. It is the result of what the
agencies do and how they work together.
I want to suggest respectfully that those agencies that have the
responsibility, TSA, Immigration, Customs, et cetera, have a
responsibility to work together and to share information together so we
can make sure that we have a secure port system within our Nation. I
hope the American people realize that this is an attempt to make sure
that no ports will suffer what happened on September 11, that we will
protect our constituencies, we will protect our trade, we will protect
this great United States with this legislation.
Ms. BROWN of Florida. Madam Speaker, I yield myself such time as I
may consume. Madam Speaker, I rise today in strong support of H.R.
3983, the Maritime Transportation Anti-Terrorist Act of 2002.
The events of September 11, 2001 have changed America forever. Every
committee in Congress is examining the programs and policies within its
jurisdiction to determine what they need to do to help protect the
United States from terrorist acts. I just returned from a trip with the
gentleman from Pennsylvania (Mr. Weldon). We traveled to Russia, China
and Korea, and in every single country I brought up the issue of port
security. We are working hard to protect our ports and waterways, but
we will not be able to do that without protecting and looking into the
port of origin.
Each year 95 percent of the United States' imports and exports are
moved by ships. U.S. consumers are dependent upon foreign oils for
their gas in their cars. U.S. manufacturers are dependent on the just-
in-time delivery system of container ships to resupply their
manufacturing line. Each year thousands of Americans enjoy cruises out
of the ports of my home State of Florida.
On October 3, 2001, I introduced H.R. 3013, the Port and Maritime
Security Act of 2001. This legislation is very similar to S.1214 which
passed the Senate in December. H.R. 3983 is similar to the approach
contained in H.R. 3013. They both require assessments of our Nation's
ports. They both require terminal security plans, and they both
establish a new grant system to help ports and terminal operators to
pay for security improvements.
I believe that H.R. 3983 will lead to a significant improvement in
securing the international maritime transportation system from threat
of terrorists and from being used to deliver a weapon of mass
destruction to the United States.
In addition, H.R. 3983 contains the text of H.R. 3507, the Coast
Guard Authorization Act for fiscal year 2002. This noncontroversial
legislation passed the House on December 20. The leadership has added
it to H.R. 3983 in order to facilitate a conference with the Senate
with these matters. I fully support the inclusion of H.R. 3507. To me,
the Coast Guard is homeland security, and I am glad to see that we are
getting closer to providing them the resources they need to do their
job. Working together with Customs and other agencies, we can begin to
move forward in protecting our ports and waterways.
I would like to thank the gentleman from Alaska (Mr. Young), the
gentleman from New Jersey (Mr. LoBiondo), and the ranking member, the
gentleman from Minnesota (Mr. Oberstar) for the bipartisan efforts they
have used to develop this legislation. I look forward to working
closely with all of them as this bill moves into conference.
Madam Speaker, I urge my colleagues to support H.R. 3983.
Madam Speaker, I reserve the balance of my time.
Mr. LoBIONDO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in strong support of H.R. 3983, the Maritime
Transportation Anti-Terrorism Act of 2002. This bill establishes a
comprehensive national system to increase anti-terrorism security for
our ports and waterways. This legislation was developed to prevent a
terrorist attack along our Nation's largest and perhaps our most
vulnerable border.
Consisting of 95,000 miles of coastline with hundreds of ports, the
United States' maritime industry contributes in excess of $742 billion
to the gross domestic product each year. The goal of H.R. 3983 is to
deter terrorist attacks against ocean shipping without adversely
affecting the flow of U.S. commerce through our ports.
This bill is the second transportation security bill reported by the
Committee on Transportation and Infrastructure. H.R. 3983 was developed
in a bipartisan manner in close cooperation with the gentleman from
Minnesota (Mr. Oberstar) and the gentlewoman from Florida (Ms. Brown)
and their staffs in response to the terrorists' threats to our ports
and waterways. I appreciate their hard work in support for this
important piece of legislation and thank them for the strong
cooperation we have received during this bill.
H.R. 3983 requires the Coast Guard to conduct vulnerability
assessments of U.S. ports. The results of the assessments will be used
to implement a national maritime transportation planning system
consisting of a comprehensive national plan, specific area plans, as
well as local vessel and marine facility plans, all tailored to deter a
catastrophic terrorist event to the greatest extent possible.
H.R. 3983 also establishes a requirement for the Coast Guard to
assess the effectiveness of security systems in certain foreign ports
and to deny entry to vessels from foreign ports that do not maintain
effective security.
Under H.R. 3983, individuals who enter secure areas on vessels or
facilities will be required to have transportation security cards
issued by the Secretary of the Transportation. The Secretary may only
deny transportation security cards to an individual found to be a
terrorist security risk.
The Maritime Transportation Anti-Terrorism Act authorizes $83 million
annually in grants for enhanced facility security at U.S. ports for the
next three fiscal years. These grants will help cover the cost of port
anti-terrorism improvement and fund proof-of-concept projects to
determine which technologies will improve port security the best.
Shipping containers are particularly adaptable to use by terrorists,
and H.R. 3983 contains several provisions to include the security of
containers. The bill requires the Under Secretary of Transportation to
maintain a cargo tracking identification and screening system for
shipping containers shipped to and from the United States directly
through a foreign port. H.R. 3983 also requires the Secretary of
Transportation to establish performance standards to enhance the
physical security

[[Page H3118]]

of shipping containers, including standards for container seals and
locks.
Madam Speaker, this bill contains other important security
enhancements concerning vessel crew and passenger manifests, Coast
Guard sea marshals, vessel transponders, to track the movement of
vessels in the United States water, and some other measures.
The committee amended H.R. 3983 to contain several additional
security enhancements and other Coast Guard provisions previously
passed by the House. The Coast Guard, as one of the Nation's five armed
services, has a key role in homeland security, particularly as it
relates to port security and defense readiness. These provisions
strengthen the authority of the Coast Guard and the Department of
Transportation to confront the terrorist threat that is facing us
today.
Strong maritime homeland security requires a strong Coast Guard with
the resources it needs to protect our Nation from the terrorist attack.
The Coast Guard has proven to have done a magnificent job throughout
our Nation's history, but we are all particularly proud of the job they
have done since September 11, starting on that fateful day where they
oversaw the evacuation of over a million people from Lower Manhattan.
The Coast Guard can do their job in an exceptional way if we give them
the resources necessary, the manpower, the operating dollars and the
assets to do this job.

{time} 1900

This bill will help us along that way. I urge all Members to support
this important piece of legislation.
Madam Speaker, I reserve the balance of my time.
Ms. BROWN of Florida. Madam Speaker, I yield as much time as he may
consume to the gentleman from Minnesota (Mr. Oberstar), the ranking
member.
(Mr. OBERSTAR asked and was given permission to revise and extend his
remarks.)
Mr. OBERSTAR. Madam Speaker, I thank the gentlewoman for yielding me
the time.
Enactment of this Maritime Transportation Security Act, otherwise
known as the Port Security bill, will close another hole in the
security network of the United States, and a critical one.
We have already dealt effectively with aviation security, and
implementation of provisions of that legislation is well underway; but
we have 95,000 miles of coastline in the United States. Ninety-five
percent of the volume of U.S. international trade, both inbound and
outbound, comes by the water. We have to protect that coastline and our
ports.
Our ports are major cities. Most of our cities were ports before they
were cities. America has grown up around the water; 75 percent of the
population of this Nation lives along the water, either the inland
waterways or the coastal regions of the United States, including the
Great Lakes; but we have not adequately protected our ports and our
major cities against terrorist acts.
This legislation will move us in the right direction. It will create
the processes by which the Coast Guard is the preeminent entity in
protecting America's coastline, will take the steps, the inspections,
set up the processes by which we will protect America's waterways, our
ports, our coastal regions. But as in aviation security, there must be
a continuum of security protection that will start with the shipper,
with the product that is being shipped to the United States. It must be
inspected. We must know what it is before it goes into the container
and before that container goes on board a ship; and after it arrives in
the United States, it must be again inspected to be sure that what was
put on board the ship is actually what comes off that ship.
We have learned in aviation safety that there must be redundancy and
overlapping systems that protect aviation safety, that make flying as
safe as we know it; and so in security there must be an interlocking
web of protective measures that begin from the origin of the shipment
to its destination.
That is what we must provide in this legislation here and in the
conference to come, as the chairman said. When we get this bill through
conference, we want to make sure that it is the strongest protective
measure that we can provide for our fellow citizens, not just those in
the coastal regions but those in the inland cities to which cargo is
destined.
I compliment the chairman of the full committee for working together
with us on the minority side, the gentleman from New Jersey (Mr.
LoBiondo), the chairman of the subcommittee, and the gentlewoman from
Florida (Ms. Brown), our ranking member on the subcommittee. Members
have worked hard. Staff have worked hard. We have worked cooperatively
in the best national interest to produce the best bill that we can
foresee. I urge its enactment. I urge its passage.
Madam Speaker, I rise today in strong support of H.R. 3983, the
``Maritime Transportation Antiterrorism Act of 2002''. Last fall,
Congress enacted critical legislation to help protect the aviation
industry from terrorist attacks. Today, we move forward on legislation
to help secure U.S. ports, vessels, and our intermodal transportation
system from terrorist attack.
There are more than 95,000 miles of coastline in the United States.
Over 6 million shipping containers arrive in the United States each
year from foreign ports carrying goods that are vital for consumers and
manufacturers. Virtually all of the oil imported into the United States
arrives by ship. We are a nation dependent upon international shipping.
Yet this transportation system can also be used as a means of
delivering a weapon of mass destruction to the heartland of America. It
would be far easier for a country to put a nuclear bomb in a container
and ship it to the United States and have it detonated by a Global
Positioning System receiver, than it would be to build a missile system
to deliver a nuclear warhead.
The task of securing America's seaports and the cargo we import
against terrorist attack is a daunting task. One only has to look at
the volume of illegal drugs imported each year by sea to see just how
porous our borders are. However, it is a challenge we must address.
H.R. 3983 is modeled on the successfully implemented Oil Pollution
Act of 1990 (OPA). OPA established a strong command and control system
for emergencies. It clarified that there is ultimately one person to
make the decision on how to clean up an oil spill, the Coast Guard on-
scene coordinator. H.R. 3983 establishes a similar system to develop
and implement plans to deter terrorist attacks on our ports, and on
vessels operating in and out of our ports.
However, protecting the United States must begin overseas. By the
time that a weapon of mass destruction in a container is delivered to a
U.S. port on a ship it is too late. We must begin profiling and
screening containers overseas--before cargo is loaded on a ship. H.R.
3983 requires shippers, carriers, and freight forwarders to provide the
Transportation Security Administration with information on container
contents, the inland truck and rail carriers, the consignee, and other
information needed to analyze whether the container may pose a risk to
the United States. This information must be provided at least 24 hours
before the container is loaded on a ship bound for the United States.
That will give our agencies sufficient time to profile the container
and work with the foreign government to screen its contents, if that is
necessary.
H.R. 3983 also helps protect our marine terminals by establishing a
transportation security card system for those individuals that have
``unescorted access'' to marine facilities. The Department of
Transportation currently envisions four levels of security access that
can be granted by the card. Level 1 Access simply identifies a person
as someone who can have unescorted access to the unsecured areas of a
terminal. A Level 4 Access means a person has had a security background
check to ensure that he or she is not a ``terrorist security threat''
and, therefore, that person may have access to areas in a terminal that
could cause a catastrophic emergency. On vessels such as a passenger
vessel, the bridge and engine room areas may also be designated as a
secure area, to ensure that passengers do not try to take control of
the vessel.
H.R. 3983 also contains the text of H.R. 3507, the Coast Guard
Authorization Act for Fiscal Year 2002, which was passed by the House
on December 20, 2001, under Suspension of the Rules. I am hopeful that
this will allow the House and Senate to reach an agreement on a current
authorization bill for the Coast Guard.
I would like to commend Chairman Young, Subcommittee Chairman
LoBiondo, and Subcommittee Ranking Member Brown for the cooperative
effort that they have put forth to develop bipartisan port security
legislation. Together, we will succeed in having meaningful legislation
enacted this session to improve the security of the marine
transportation system from terrorist acts.

[[Page H3119]]

I urge my colleagues to support the bill.
Ms. HARMAN. Madam Speaker, as the representative of the Port of Los
Angeles, the nation's busiest container port with more than 5.183
million container shipments last year, I rise in strong support of H.R.
3983, the Maritime Transportation Antiterrorism Act.
The attacks of September 11 underscored the vulnerability of our
ports to potential acts of terrorism. The sheer volume of goods shipped
in containers, their unsecure ports of origin, the volatility of many
of the goods stored at ports, and the wide expanses which comprise our
posts present terrorists with targets and conduits for terror and local
officials and law enforcement with formidable challenges.
Given this threat, I first want to say how impressed I was at the
speed with which the maritime agencies of our federal, state and local
governments responded following September 11.
The women and men of the Coast Guard, Customs, INS, LA and San Pedro
Police, the LA County Sheriff, Port Police, National Guard, reservists
and auxiliary personnel, and other emergency responders demonstrated
their coolness and professionalism in securing the Port of Los Angeles.
They showed unprecedented coordination and courage and, on behalf of
the community, I want to extend a ``thank you for a job well done''. I
would also like to give a very special acknowledgement to the
leadership of Coast Guard Captain John Holmes, captain of the Port of
Los Angeles/Long Beach.
The bill before us provides much-needed resources to the work of
these first responders.
In addition to requiring new vulnerability assessments at our ports,
the bill also requires the imposition of new transportation security
cards for workers with access to secure areas at ports. I compliment
the chairman and ranking member for working with maritime labor to
ensure that background checks used in issuing the security cards target
true risks and I echo the view that any information collected on
workers be used solely for security purposes.
The bill also includes several provisions designed to reduce the
ability of terrorist to use cargo containers to smuggle terrorists or
weapons into the US. In particular, the bill requires security
assessments at foreign ports.
But I want also to highlight container security and the need for
effective supply chain security measures. Though not addressed in this
bill, it is increasingly evident that supply chain security is critical
to ensuring that the contents of container cargo are not tampered with
during shipment.
Shipment, of course, does not begin with the placing for a container
aboard a vessel but, rather with it being loaded--something that often
occurs in another country far from the port of embarkation to the
United States.
The bill requires the Transportation Department to develop
performance standards for improving the physical security of
containers, which should go well beyond seals and locks and include
supply chain security. Some innovative tracking and detection
technologies are under development and incorporating them in containers
will further secure both cargo and our ports.
Madam Speaker, I strongly support this bill. It takes important steps
in helping us secure our ports in the fight against terrorism.
The key factor to improved security is the dedication and hard work
of thousands of workers employed in and around our ports. From the
federal agencies involved to state and local law enforcement, port
officials, vessel operators and crew, shippers, dock workers and
truckers--security begins with their continued vigilance and I commend
them for a job well done and am proud to help provide them with more
tools to continue the job.
Mr. LARSEN of Washington. Madam Speaker, I rise in support of H.R.
3983, the Maritime Transportation Anti-terrorism Act.
In the wake of September 11th we must ensure that we are showing
vigilance on the topic of port security. Any attacks on our ports could
cripple the country economically and disrupt our nation's trade.
Ports serve our key national interests by facilitating the flow of
trade and supporting the mobilization and deployment of U.S. Armed
Forces. 95% of overseas international trade enters or exits through our
nation's ports. In the next twenty years, the amount of trade going
through our ports is expected to double. Ports must continue to update
and modernize their facilities, not only to accommodate this growth but
to preserve their safety and security.
While I do support this legislation, I am concerned that it does not
fully address meaningful container security. I believe that H.R. 3893
should mandate that port workers who receive containers inspect the
outside seal on each container and that it require mandatory inspection
for ``empty'' containers, which regularly move on and off ships each
day.
I am proud to represent the Ports of Everett and Bellingham, both of
which greatly contribute to the economic vitality of my district. Their
presence makes port security an especially important issue to my
constituents and myself. Again, Madam Speaker, I support H.R. 3983 and
look forward to its speedy passage.
Mr. SHAW. Madam Speaker, I rise in support of this legislation, which
represents the next crucial step in improving America's transportation
security. This bill coordinates various federal law enforcement efforts
with local port authorities, provides better communications, and helps
pay for technology upgrades and other security infrastructure at our
ports.
This legislation is of particular importance to the 14 publicly owned
deepwater seaports in the State of Florida, including Port Everglades,
Port of Palm Beach, and Port of Miami in South Florida. The challenge
of protecting against potential threats to security in Florida is
unique due to the state's extensive coastline, vigorous international
trade, and passenger cruise activities. Our geography dictates that we
must be prepared as a front-line homeland defense point against
terrorism, as well as illegal immigration, and drug trafficking.
Florida seaports represent some of the busiest bulk cargo and
container ports in the nation, and improved security at our seaports is
critical for protection of the state's citizens and millions of
visitors, as well as the state's continued economic vitality.
The threat of terrorism and other crimes to Florida seaports has
already been documented by the State of Florida as well as each of the
Florida seaports. A 1999 state-commissioned study found that the
Florida ports are highly vulnerable and recommended comprehensive
seaport security plans at each Florida seaport. In 2000, the State of
Florida enacted legislation mandating that such plans be undertaken.
As the Chairman of the Florida Congressional delegation, I am pleased
that this bill does not penalize the Florida ports that have been pro-
active in taking the necessary steps to improve security. A shining
example of such a port is Port Everglades in my district. Even before
September 11, Port Everglades had laid out a comprehensive security
improvement plan. Since that day, the port has expedited its efforts,
turning a 48 month plan to improve security into an impressive, 12
month, $25 million plan that is now halfway completed.
As one of the first House members to introduce seaport security
legislation, and the sponsor of the companion to the bill that passed
the Senate, I am gratified that the House is taking up this critically
important issue. I would like to thank Chairman Young for all his hard
work to this point and I look forward to working with him further as we
begin discussions with the other chamber. I urge my colleagues to
support the bill.
Mr. GOSS. Madam Speaker, the United States has always been fortunate
in its history to have two large oceans separating it from many of the
troubles that exist elsewhere in the world. This has meant that until
recently, the American Homeland had been protected from foreign
hostilities for the better part of two centuries. However, the rise of
global commerce in combination with a new type of foreign enemy now
threatens to undermine this blissful pax americana. The United States
has 95,000 miles of open shoreline. Along this breadth of shoreline are
located 361 ports and into them pours six million marine containers
annually. The scale of the shipping industry is simply stunning.
Unfortunately, on any one of these ships or in any of the containers
may be unexpected stowaways with deadly plans or weapons. Representing
a coastal district in southwest Florida, I know first hand that the
Coast Guard does a heroic job of watching

[[Page H3120]]

over our borders. But they need help and they need it now. H.R. 3983 is
a good first step in this direction. The bill requires that the
Secretary of Transportation do a comprehensive review of our
vulnerabilities and prepare plans to reduce risk of attack. Further,
the bill requires a plan to better coordinate Federal, state, and local
efforts in the prevention of maritime terrorism.
I urge my colleagues to support this legislation that will help to
better protect our Nation's shoreline and ports.
Mrs. BIGGERT. Madam Speaker, I rise today in support of H.R. 3983,
the Maritime Transportation Antiterrorism Act.
I also rise to thank Chairman Young, Coast Guard and Maritime
Transportation Subcommittee Chairman LoBiondo, and the subcommittee
staff for all heir hard work on this bill.
In June of 2001, they agreed to work with the U.S. Coast Guard, the
State of Illinois, the City of Chicago, and me on the project to
improve safety and security along Chicago's lakefront. Needless to say,
this project became significantly more important after the events of
September 11th.
Thanks to the committee's cooperation and assistance, this bill
authorizes funding for the construction of a Marine Safety Station on
Chicago's lakefront.
This new Chicago Safety Station will house resources and personnel of
the U.S. Coast Guard, the Chicago Marine Police, and the Illinois
Department of Natural Resources Conservation Police. With Coast Guard,
state, and city resources stretched thin by the need for heighted
security in Chicago and other U.S. ports, this project will
signficantly improve public safety and law enforcement efforts in one
of the busiest recreational areas in the country.
On behalf of the City of Chicago, the State of Illinois, and all of
us who enjoy Chicago's lakefront, I again want to thank the Chairman
for working with me to bring this project to fruition.
Mr. BENTSEN. Madam Speaker, I rise today in support of H.R. 3983, the
Maritime Transportation Antiterrorism Act of 2002. I commend the work
of the House Transportation Committee on port security, but I also want
to clearly state that much more remains to be done to secure our
coastal areas from maritime threats. As a representative of a district
that includes parts of the Port of Houston, the nation's 2nd largest
port, I am proud that this House has set aside jurisdictional squabbles
and is taking this important action.
First, H.R. 3983 directs the Department of Transportation to conduct
security assessments at every one of the nation's 361 seaports. The
legislation authorizes $225 million in grants through 2005 to enhance
port security. I would note that the Senate has passed port security
legislation with a $1.1 billion grant program, and I support increasing
the House number significantly in conference committee.
Central to H.R. 3983 is the provision directing the newly created
Transportation Security Administration (TSA) to develop an
identification and screening system for maritime cargo entering the
United States. Currently the official papers accompanying cargo
manifests are rampantly inaccurate, and I believe Congress needs to
remain vigilant after the passage of this legislation to ensure that
the TSA does, in fact, develop an effective system. Interests do exist
that desire the least amount of accountability for international cargo,
and they must not be allowed to derail TSA's regulatory action directed
by this legislation.
In the end, I do not believe that it makes much difference whether
the development of a cargo container tracking system is undertaken by
TSA or the Customs Service, but it does make a difference if those who
are more concerned with jurisdiction and turf are allowed to dominate
the process at the expense of those who are singly committed to long-
overdue security improvements at our nation's extremely busy
international ports. I understand that the conference committee on port
security legislation (H.R. 398/S. 1214) will be the decisive forum for
this issue, and I urge all future conferees not to delay Congressional
action on port security action any longer. If House and Senate
committee jurisdictional disputes are allowed to delay maritime
terrorism preparedness legislation, it will be a low point in
Congressional behavior post-September 11th.
In addition to potential TSA and Customs involvement in new port
security measures, this legislation also contains new port security
initiatives for the U.S. Coast Guard (USCG), an admirable security
force that I have worked closely with on a number of security issues in
my district pre- and post-September 11th. I strongly support the
provisions of H.R. 3983 establishing USCG anti-terrorism teams and
``sea marshals,'' both of which will act as preventive and first
response forces for maritime security. Provisions establishing port
employee identification requirements for secure port areas and improved
passenger and crew manifest notification are also vitally important. I
am pleased that H.R. 3983 authorizes $5.9 billion for the USCG, over
$800 million more than requested by the Administration in March, as a
result of these new tasks and responsibilities the American people are
entrusting to their Coast Guard.
Despite the port security progress promised by H.R. 3983, much work
will still remain. The security assessments at 361 seaports will
certainly uncover a myriad of unanticipated, but glaring needs around
the country. The House bill is providing merely $623,000 in grant
authority per port, whereas the Senate bill provides a healthier, but
still likely inadequate $3,047,000 in grant authority per port.
As an example of how expensive this undertaking will be, mobile cargo
container scanners cost roughly $1 million. Only the larger 18 ports in
America currently have these devices and most of these ports only have
one. In addition to a lack of screening equipment is a lack of Customs
personnel necessary to thoroughly examine incoming cargo manifests for
high-risk shipments and man the equipment to scan the cargo. Our port
security gap is as simple as not enough equipment, men, and
inspections. Improving this security situation will cost a large amount
of money, probably even more than the $1.1 billion authorized in the
Senate-passed legislation.
I applaud all those that have worked hard on port security
legislation this year, especially the USCG, Customs, local law
enforcement, and Port of Houston Authority personnel on active security
duty in the Houston-Galveston area. I also encourage TSA, Customs, USCG
to set aside any disputes and work together for the imperative common
good of port security. However, Congress and the American people must
not forget that much remains to be done. I implore future Congresses to
continue to revisit the issue of maritime security to see that
Congressional improvements, once enacted, are made, and that any new
necessary improvements are vigorously pursued. I thank the Speaker, and
urge my colleagues to support H.R. 3983.
Ms. BROWN of Florida. Madam Speaker, I yield back the balance of my
time.
Mr. LoBIONDO. Madam Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion
offered by the gentleman from New Jersey (Mr. LoBiondo) that the House
suspend the rules and pass the bill, H.R. 3983, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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