[Congressional Record Volume 148, Number 146 (Wednesday, November 13, 2002)]
[House]
[Pages H8561-H8590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON S. 1214, MARITIME TRANSPORTATION SECURITY ACT OF 
                                  2002

  Mr. YOUNG of Alaska submitted the following conference report and 
statement on the Senate bill (S. 1214) to amend the Merchant Marine 
Act, 1936, to establish a program to ensure greater security for United 
States seaports, and for other purposes:

                  Conference Report (H. Rept. 107-777)

  The committee of conference on the disagreeing votes of the two 
Houses on the amendment of the House to the bill (S. 1214), to amend 
the Merchant Marine Act, 1936, to establish a program to ensure greater 
security for United States seaports, and for other purposes, having 
met, after full and free conference, have agreed to recommend and do 
recommend to their respective Houses as follows:
  That the Senate recede from its disagreement to the amendment of the 
House and agree to the same with an amendment as follows:
  In lieu of the matter proposed to be inserted by the House amendment, 
insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

               TITLE I--MARITIME TRANSPORTATION SECURITY

Sec. 101. Findings.
Sec. 102. Port security.
Sec. 103. International seafarer identification.
Sec. 104. Extension of seaward jurisdiction.
Sec. 105. Suspension of limitation on strength of Coast Guard.
Sec. 106. Extension of Deepwater Port Act to natural gas.
Sec. 107. Assignment of Coast Guard personnel as sea marshals and 
              enhanced use of other security personnel.
Sec. 108. Technical amendments concerning the transmittal of certain 
              information to the customs service.

[[Page H8562]]

Sec. 109. Maritime security professional training.
Sec. 110. Additional reports.
Sec. 111. Performance standards.
Sec. 112. Report on foreign-flag vessels.
Sec. 113. Revision of Port Security Planning Guide.

                 TITLE II--MARITIME POLICY IMPROVEMENT

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

          TITLE III--COAST GUARD PERSONNEL AND MARITIME SAFETY

Sec. 301. Short title.

                    Subtitle A--Personnel Management

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

                       Subtitle B--Marine Safety

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

                 Subtitle C--Renewal of Advisory Groups

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

                       Subtitle D--Miscellaneous

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

                TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

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

      TITLE V--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD

Sec. 501. Short title.
Sec. 502. Authorization of appropriations.
Sec. 503. Authorized levels of military strength and training.
               TITLE I--MARITIME TRANSPORTATION SECURITY

     SEC. 101. FINDINGS.

       The Congress makes the following findings:
       (1) There are 361 public ports in the United States that 
     are an integral part of our Nation's commerce.
       (2) United States ports handle over 95 percent of United 
     States overseas trade. The total volume of goods imported and 
     exported through ports is expected to more than double over 
     the next 20 years.
       (3) The variety of trade and commerce carried out at ports 
     includes bulk cargo, containerized cargo, passenger transport 
     and tourism, and intermodal transportation systems that are 
     complex to secure.
       (4) The United States is increasingly dependent on imported 
     energy for a substantial share of its energy supply, and a 
     disruption of that share of supply would seriously harm 
     consumers and our economy.
       (5) The top 50 ports in the United States account for about 
     90 percent of all the cargo tonnage. Twenty-five United 
     States ports account for 98 percent of all container 
     shipments. Cruise ships visiting foreign destinations embark 
     from at least 16 ports. Ferries in the United States 
     transport 113,000,000 passengers and 32,000,000 vehicles per 
     year.
       (6) Ports often are a major locus of Federal crime, 
     including drug trafficking, cargo theft, and smuggling of 
     contraband and aliens.
       (7) Ports are often very open and exposed and are 
     susceptible to large scale acts of terrorism that could cause 
     a large loss of life or economic disruption.
       (8) Current inspection levels of containerized cargo are 
     insufficient to counter potential security risks. Technology 
     is currently not adequately deployed to allow for the 
     nonintrusive inspection of containerized cargo.
       (9) The cruise ship industry poses a special risk from a 
     security perspective.
       (10) Securing entry points and other areas of port 
     facilities and examining or inspecting containers would 
     increase security at United States ports.
       (11) Biometric identification procedures for individuals 
     having access to secure areas in port facilities are 
     important tools to deter and prevent port cargo crimes, 
     smuggling, and terrorist actions.
       (12) United States ports are international boundaries 
     that--
       (A) are particularly vulnerable to breaches in security;
       (B) may present weaknesses in the ability of the United 
     States to realize its national security objectives; and
       (C) may serve as a vector or target for terrorist attacks 
     aimed at the United States.
       (13) It is in the best interests of the United States--
       (A) to have a free flow of interstate and foreign commerce 
     and to ensure the efficient movement of cargo;
       (B) to increase United States port security by establishing 
     improving communication among law enforcement officials 
     responsible for port security;
       (C) to formulate requirements for physical port security, 
     recognizing the different character and nature of United 
     States port facilities, and to require the establishment of 
     security programs at port facilities;
       (D) to provide financial assistance to help the States and 
     the private sector to increase physical security of United 
     States ports;
       (E) to invest in long-term technology to facilitate the 
     private sector development of technology that will assist in 
     the nonintrusive timely detection of crime or potential crime 
     at United States ports;
       (F) to increase intelligence collection on cargo and 
     intermodal movements to address areas of potential threat to 
     safety and security; and
       (G) to promote private sector procedures that provide for 
     in-transit visibility and support law enforcement efforts 
     directed at managing the security risks of cargo shipments.
       (14) On April 27, 1999, the President established the 
     Interagency Commission on Crime

[[Page H8563]]

     and Security in United States Ports to undertake a 
     comprehensive study of the nature and extent of the problem 
     of crime in our ports, as well as the ways in which 
     governments at all levels are responding. The Commission 
     concluded that frequent crimes in ports include drug 
     smuggling, illegal car exports, fraud, and cargo theft. 
     Internal conspiracies are an issue at many ports and 
     contribute to Federal crime. Criminal organizations are 
     exploiting weak security at ports to commit a wide range of 
     cargo crimes. Intelligence and information sharing among law 
     enforcement agencies needs to be improved and coordinated at 
     many ports. A lack of minimum physical and personnel security 
     standards at ports and related facilities leaves many ports 
     and port users very vulnerable. Access to ports and 
     operations within ports is often uncontrolled. Security-
     related and detection-related equipment, such as small boats, 
     cameras, large-scale x-ray machines, and vessel tracking 
     devices, are lacking at many ports.
       (15) The International Maritime Organization and other 
     similar international organizations are currently developing 
     a new maritime security system that contains the essential 
     elements for enhancing global maritime security. Therefore, 
     it is in the best interests of the United States to implement 
     new international instruments that establish such a system.

     SEC. 102. PORT SECURITY.

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

                      ``Subtitle VI--Miscellaneous

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

                      ``CHAPTER 701--PORT SECURITY

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

     ``Sec. 70101. Definitions

       ``For the purpose of this chapter:
       ``(1) The term `Area Maritime Transportation Security Plan' 
     means an Area Maritime Transportation Security Plan prepared 
     under section 70103(b).
       ``(2) The term `facility' means any structure or facility 
     of any kind located in, on, under, or adjacent to any waters 
     subject to the jurisdiction of the United States.
       ``(3) The term `National Maritime Transportation Security 
     Plan' means the National Maritime Transportation Security 
     Plan prepared and published under section 70103(a).
       ``(4) The term `owner or operator' means--
       ``(A) in the case of a vessel, any person owning, 
     operating, or chartering by demise, such vessel; and
       ``(B) in the case of a facility, any person owning, 
     leasing, or operating such facility.
       ``(5) The term `Secretary' means the Secretary of the 
     department in which the Coast Guard is operating.
       ``(6) The term `transportation security incident' means a 
     security incident resulting in a significant loss of life, 
     environmental damage, transportation system disruption, or 
     economic disruption in a particular area.

     ``Sec. 70102. United States facility and vessel vulnerability 
       assessments

       ``(a) Initial Assessments.--The Secretary shall conduct an 
     assessment of vessel types and United States facilities on or 
     adjacent to the waters subject to the jurisdiction of the 
     United States to identify those vessel types and United 
     States facilities that pose a high risk of being involved in 
     a transportation security incident.
       ``(b) Facility and Vessel Assessments.--(1) Based on the 
     information gathered under subsection (a) of this section, 
     the Secretary shall conduct a detailed vulnerability 
     assessment of the facilities and vessels that may be involved 
     in a transportation security incident. The vulnerability 
     assessment shall include the following:
       ``(A) Identification and evaluation of critical assets and 
     infrastructures.
       ``(B) Identification of the threats to those assets and 
     infrastructures.
       ``(C) Identification of weaknesses in physical security, 
     passenger and cargo security, structural integrity, 
     protection systems, procedural policies, communications 
     systems, transportation infrastructure, utilities, 
     contingency response, and other areas as determined by the 
     Secretary.
       ``(2) Upon completion of an assessment under this 
     subsection for a facility or vessel, the Secretary shall 
     provide the owner or operator with a copy of the 
     vulnerability assessment for that facility or vessel.
       ``(3) The Secretary shall update each vulnerability 
     assessment conducted under this section at least every 5 
     years.
       ``(4) In lieu of conducting a facility or vessel 
     vulnerability assessment under paragraph (1), the Secretary 
     may accept an alternative assessment conducted by or on 
     behalf of the owner or operator of the facility or vessel if 
     the Secretary determines that the alternative assessment 
     includes the matters required under paragraph (1).

     ``Sec. 70103. Maritime transportation security plans

       ``(a) National Maritime Transportation Security Plan.--(1) 
     The Secretary shall prepare a National Maritime 
     Transportation Security Plan for deterring and responding to 
     a transportation security incident.
       ``(2) The National Maritime Transportation Security Plan 
     shall provide for efficient, coordinated, and 
     effective action to deter and minimize damage from a 
     transportation security incident, and shall include the 
     following:
       ``(A) Assignment of duties and responsibilities among 
     Federal departments and agencies and coordination with State 
     and local governmental agencies.
       ``(B) Identification of security resources.
       ``(C) Procedures and techniques to be employed in deterring 
     a national transportation security incident.
       ``(D) Establishment of procedures for the coordination of 
     activities of--
       ``(i) Coast Guard maritime security teams established under 
     this chapter; and
       ``(ii) Federal Maritime Security Coordinators required 
     under this chapter.
       ``(E) A system of surveillance and notice designed to 
     safeguard against as well as ensure earliest possible notice 
     of a transportation security incident and imminent threats of 
     such a security incident to the appropriate State and Federal 
     agencies.
       ``(F) Establishment of criteria and procedures to ensure 
     immediate and effective Federal identification of a 
     transportation security incident, or the substantial threat 
     of such a security incident.
       ``(G) Designation of--
       ``(i) areas for which Area Maritime Transportation Security 
     Plans are required to be prepared under subsection (b); and
       ``(ii) a Coast Guard official who shall be the Federal 
     Maritime Security Coordinator for each such area.
       ``(H) A risk-based system for evaluating the potential for 
     violations of security zones designated by the Secretary on 
     the waters subject to the jurisdiction of the United States.
       ``(I) A recognition of certified systems of intermodal 
     transportation.
       ``(J) A plan for ensuring that the flow of cargo through 
     United States ports is reestablished as efficiently and 
     quickly as possible after a transportation security incident.
       ``(3) The Secretary shall, as the Secretary considers 
     advisable, revise or otherwise amend the National Maritime 
     Transportation Security Plan.
       ``(4) Actions by Federal agencies to deter and minimize 
     damage from a transportation security incident shall, to the 
     greatest extent possible, be in accordance with the National 
     Maritime Transportation Security Plan.
       ``(5) The Secretary shall inform vessel and facility owners 
     or operators of the provisions in the National Transportation 
     Security Plan that the Secretary considers necessary for 
     security purposes.
       ``(b) Area Maritime Transportation Security Plans.--(1) The 
     Federal Maritime Security Coordinator designated under 
     subsection (a)(2)(G) for an area shall--
       ``(A) submit to the Secretary an Area Maritime 
     Transportation Security Plan for the area; and
       ``(B) solicit advice from the Area Security Advisory 
     Committee required under this chapter, for the area to assure 
     preplanning of joint deterrence efforts, including 
     appropriate procedures for deterrence of a transportation 
     security incident.
       ``(2) The Area Maritime Transportation Security Plan for an 
     area shall--
       ``(A) when implemented in conjunction with the National 
     Maritime Transportation Security Plan, be adequate to deter a 
     transportation security incident in or near the area to the 
     maximum extent practicable;
       ``(B) describe the area and infrastructure covered by the 
     plan, including the areas of population or special economic, 
     environmental, or national security importance that might be 
     damaged by a transportation security incident;
       ``(C) describe in detail how the plan is integrated with 
     other Area Maritime Transportation Security Plans, and with 
     facility security plans and vessel security plans under this 
     section;
       ``(D) include consultation and coordination with the 
     Department of Defense on matters relating to Department of 
     Defense facilities and vessels;
       ``(E) include any other information the Secretary requires; 
     and
       ``(F) be updated at least every 5 years by the Federal 
     Maritime Security Coordinator.
       ``(3) The Secretary shall--
       ``(A) review and approve Area Maritime Transportation 
     Security Plans under this subsection; and
       ``(B) periodically review previously approved Area Maritime 
     Transportation Security Plans.
       ``(4) In security zones designated by the Secretary in each 
     Area Maritime Transportation Security Plan, the Secretary 
     shall consider--
       ``(A) the use of public/private partnerships to enforce 
     security within the security zones, shoreside protection 
     alternatives, and the environmental, public safety, and 
     relative effectiveness of such alternatives; and
       ``(B) technological means of enhancing the security zones 
     of port, territorial waters, and waterways of the United 
     States.
       ``(c) Vessel and Facility Security Plans.--(1) Within 6 
     months after the prescription of interim final regulations on 
     vessel and facility security plans, an owner or operator of a 
     vessel or facility described in paragraph (2) shall prepare 
     and submit to the Secretary a security plan for the vessel or 
     facility, for deterring a transportation security incident to 
     the maximum extent practicable.
       ``(2) The vessels and facilities referred to in paragraph 
     (1)--

[[Page H8564]]

       ``(A) except as provided in subparagraph (B), are vessels 
     and facilities that the Secretary believes may be involved in 
     a transportation security incident; and
       ``(B) do not include any vessel or facility owned or 
     operated by the Department of Defense.
       ``(3) A security plan required under this subsection 
     shall--
       ``(A) be consistent with the requirements of the National 
     Maritime Transportation Security Plan and Area Maritime 
     Transportation Security Plans;
       ``(B) identify the qualified individual having full 
     authority to implement security actions, and require 
     immediate communications between that individual and the 
     appropriate Federal official and the persons providing 
     personnel and equipment pursuant to subparagraph (C);
       ``(C) include provisions for--
       ``(i) establishing and maintaining physical security, 
     passenger and cargo security, and personnel security;
       ``(ii) establishing and controlling access to secure areas 
     of the vessel or facility;
       ``(iii) procedural security policies;
       ``(iv) communications systems; and
       ``(v) other security systems;
       ``(D) identify, and ensure by contract or other means 
     approved by the Secretary, the availability of security 
     measures necessary to deter to the maximum extent practicable 
     a transportation security incident or a substantial threat of 
     such a security incident;
       ``(E) describe the training, periodic unannounced drills, 
     and security actions of persons on the vessel or at the 
     facility, to be carried out under the plan to deter to the 
     maximum extent practicable a transportation security 
     incident, or a substantial threat of such a security 
     incident;
       ``(F) be updated at least every five years; and
       ``(G) be resubmitted for approval of each change to the 
     vessel or facility that may substantially affect the security 
     of the vessel or facility.
       ``(4) The Secretary shall--
       ``(A) promptly review each such plan;
       ``(B) require amendments to any plan that does not meet the 
     requirements of this subsection;
       ``(C) approve any plan that meets the requirements of this 
     subsection; and
       ``(D) review each plan periodically thereafter.
       ``(5) A vessel or facility for which a plan is required to 
     be submitted under this subsection may not operate after the 
     end of the 12-month period beginning on the date of the 
     prescription of interim final regulations on vessel and 
     facility security plans, unless--
       ``(A) the plan has been approved by the Secretary; and
       ``(B) the vessel or facility is operating in compliance 
     with the plan.
       ``(6) Notwithstanding paragraph (5), the Secretary may 
     authorize a vessel or facility to operate without a security 
     plan approved under this subsection, until not later than 1 
     year after the date of the submission to the Secretary of a 
     plan for the vessel or facility, if the owner or operator of 
     the vessel or facility certifies that the owner or operator 
     has ensured by contract or other means approved by the 
     Secretary to deter to the maximum extent practicable a 
     transportation security incident or a substantial threat of 
     such a security incident.
       ``(7) The Secretary shall require each owner or operator of 
     a vessel or facility located within or adjacent to waters 
     subject to the jurisdiction of the United States to implement 
     any necessary interim security measures, including cargo 
     security programs, to deter to the maximum extent practicable 
     a transportation security incident until the security plan 
     for that vessel or facility operator is approved.
       ``(d) Nondisclosure of Information.--Notwithstanding any 
     other provision of law, information developed under this 
     chapter is not required to be disclosed to the public, 
     including--
       ``(1) facility security plans, vessel security plans, and 
     port vulnerability assessments; and
       ``(2) other information related to security plans, 
     procedures, or programs for vessels or facilities authorized 
     under this chapter.

     ``Sec. 70104. Transportation security incident response

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

     ``Sec. 70105. Transportation security cards

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

     ``Sec. 70106. Maritime safety and security teams

       ``(a) In General.--To enhance the domestic maritime 
     security capability of the United States, the Secretary shall 
     establish such maritime safety and security teams as are 
     needed to safeguard the public and protect vessels, harbors, 
     ports, facilities, and cargo in waters subject to the 
     jurisdiction of the United States from destruction, loss or 
     injury from crime, or sabotage due to terrorist activity, and 
     to respond to such activity in accordance with the 
     transportation security plans developed under section 70103.

[[Page H8565]]

       ``(b) Mission.--Each maritime safety and security team 
     shall be trained, equipped, and capable of being employed 
     to--
       ``(1) deter, protect against, and rapidly respond to 
     threats of maritime terrorism;
       ``(2) enforce moving or fixed safety or security zones 
     established pursuant to law;
       ``(3) conduct high speed intercepts;
       ``(4) board, search, and seize any article or thing on or 
     at, respectively, a vessel or facility found to present a 
     risk to the vessel or facility, or to a port;
       ``(5) rapidly deploy to supplement United States armed 
     forces domestically or overseas;
       ``(6) respond to criminal or terrorist acts within a port 
     so as to minimize, insofar as possible, the disruption caused 
     by such acts;
       ``(7) assist with facility vulnerability assessments 
     required under this chapter; and
       ``(8) carry out other security missions as are assigned to 
     it by the Secretary.
       ``(c) Coordination with Other Agencies.--To the maximum 
     extent feasible, each maritime safety and security team shall 
     coordinate its activities with other Federal, State, and 
     local law enforcement and emergency response agencies.

     ``Sec. 70107. Grants

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

[[Page H8566]]

       ``(E) tools to mitigate the consequences of a terrorist act 
     at a port of the United States, including a network of 
     sensors to predict the dispersion of radiological, chemical, 
     or biological agents that might be intentionally or 
     accidentally released; or
       ``(F) applications to apply existing technologies from 
     other industries to increase overall port security.
       ``(3) Administrative provisions.--
       ``(A) No duplication of effort.--Before making any grant, 
     the Secretary of Transportation shall coordinate with other 
     Federal agencies to ensure the grant will not be used for 
     research and development that is already being conducted with 
     Federal funding.
       ``(B) Accounting.--The Secretary of Transportation shall by 
     regulation establish accounting, reporting, and review 
     procedures to ensure that funds made available under 
     paragraph (1) are used for the purpose for which they were 
     made available, that all expenditures are properly accounted 
     for, and that amounts not used for such purposes and amounts 
     not expended are recovered.
       ``(C) Recordkeeping.--Recipients of grants shall keep all 
     records related to expenditures and obligations of funds 
     provided under paragraph (1) and make them available upon 
     request to the Inspector General of the Department of 
     Transportation and the Secretary of Transportation for audit 
     and examination.
       ``(D) Annual review and report.--The Inspector General of 
     the Department of Transportation shall annually review the 
     program established under paragraph (1) to ensure that the 
     expenditures and obligations of funds are consistent with the 
     purposes for which they are provided and report the findings 
     to Congress.
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated $15,000,000 for each of the fiscal years 
     2003 through 2008 to carry out the provisions of this 
     subsection.

     ``Sec. 70108. Foreign port assessment

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

     ``Sec. 70109. Notifying foreign authorities

       ``(a) In General.--If the Secretary, after conducting an 
     assessment under section 70108, finds that a port in a 
     foreign country does not maintain effective antiterrorism 
     measures, the Secretary shall notify the appropriate 
     authorities of the government of the foreign country of the 
     finding and recommend the steps necessary to improve the 
     antiterrorism measures in use at the port.
       ``(b) Training Program.--The Secretary, in cooperation with 
     the Secretary of State, shall operate a port security 
     training program for ports in foreign countries that are 
     found under section 70108 to lack effective antiterrorism 
     measures.

     ``Sec. 70110. Actions when foreign ports not maintaining 
       effective antiterrorism measures

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

     ``Sec. 70111. Enhanced crewmember identification

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

     ``Sec. 70112. Maritime Security Advisory Committees

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

     ``Sec. 70113. Maritime intelligence

       ``(a) In General.--The Secretary shall implement a system 
     to collect, integrate, and analyze

[[Page H8567]]

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

     ``Sec. 70114. Automatic identification systems

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

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

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

     ``Sec. 70116. Secure systems of transportation

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

     ``Sec. 70117. Civil penalty

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

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

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

     SEC. 103. INTERNATIONAL SEAFARER IDENTIFICATION.

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

     SEC. 104. EXTENSION OF SEAWARD JURISDICTION.

       (a) Definition of Territorial Waters.--Section 1 of title 
     XIII of the Act of June 15, 1917 (50 U.S.C. 195; 40 Stat. 
     231) is amended--
       (1) by striking ``The term `United States' as used in this 
     Act includes'' and inserting the following:
       ``In this Act:
       ``(1) United states.--The term `United States' includes''; 
     and
       (2) by adding at the end the following:
       ``(2) Territorial waters.--The term `territorial waters of 
     the United States' includes all waters of the territorial sea 
     of the United States as described in Presidential 
     Proclamation 5928 of December 27, 1988.''.
       (b) Civil Penalty for Violation of Act of June 15, 1917.--
     Section 2 of title II of the Act of June 15, 1917 (50 U.S.C. 
     192), is amended--
       (1) by inserting ``(a) In General.--'' before ``If'' in the 
     first undesignated paragraph;
       (2) by striking ``(a) If any other'' and inserting ``(b) 
     Application to Others.--If any other''; and
       (3) by adding at the end the following:
       ``(c) Civil Penalty.--A person violating this Act, or a 
     regulation prescribed under this Act, shall be liable to the 
     United States Government for a civil penalty of not more than 
     $25,000 for each violation. Each day of a continuing 
     violation shall constitute a separate violation.''.

     SEC. 105. SUSPENSION OF LIMITATION ON STRENGTH OF COAST 
                   GUARD.

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

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

       (a) In General.--The following provisions of the Deepwater 
     Port Act of 1974 (33 U.S.C. 1501 et seq.) are each amended by 
     inserting ``or natural gas'' after ``oil'' each place it 
     appears:
       (1) Section 2(a) (33 U.S.C. 1501(a)).
       (2) Section 4(a) (33 U.S.C. 1503(a)).
       (3) Section 21(a) (33 U.S.C. 1520(a)).
       (b) Definitions.--Section 3 of the Deepwater Port Act of 
     1974 (33 U.S.C. 1502) is amended--
       (1) by redesignating paragraphs (13) through (18) as 
     paragraphs (14) through (19), respectively;
       (2) by amending paragraph (9) to read as follows:
       ``(9) `deepwater port'--
       ``(A) means any fixed or floating manmade structure other 
     than a vessel, or any group of such structures, that are 
     located beyond State seaward boundaries and that are used or 
     intended for use as a port or terminal for 
     the transportation, storage, or further handling of oil or 
     natural gas for transportation to any State, except as 
     otherwise provided in section 23, and for other uses not 
     inconsistent with the purposes of this Act, including 
     transportation of oil or natural gas from the United 
     States outer continental shelf;
       ``(B) includes all components and equipment, including 
     pipelines, pumping stations, service

[[Page H8568]]

     platforms, buoys, mooring lines, and similar facilities to 
     the extent they are located seaward of the high water mark;
       ``(C) in the case of a structure used or intended for such 
     use with respect to natural gas, includes all components and 
     equipment, including pipelines, pumping or compressor 
     stations, service platforms, buoys, mooring lines, and 
     similar facilities that are proposed or approved for 
     construction and operation as part of a deepwater port, to 
     the extent that they are located seaward of the high water 
     mark and do not include interconnecting facilities; and
       ``(D) shall be considered a `new source' for purposes of 
     the Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal 
     Water Pollution Control Act, (33 U.S.C. 1251 et seq.);''; and
       (3) by inserting after paragraph (12) the following:
       ``(13) `natural gas' means either natural gas unmixed, or 
     any mixture of natural or artificial gas, including 
     compressed or liquefied natural gas;''.
       (c) Facility Approval.--
       (1) Section 5(d) of the Deepwater Port Act of 1974 (33 
     U.S.C. 1504(d)) is amended by adding at the end the 
     following:
       ``(4) This subsection shall not apply to deepwater ports 
     for natural gas.''.
       (2) Section 5(i) of the Deepwater Port Act of 1974 (33 
     U.S.C. 1504(i)) is amended by adding at the end the 
     following:
       ``(4) The Secretary shall approve or deny any application 
     for a deepwater port for natural gas submitted pursuant to 
     this Act not later than 90 days after the last public hearing 
     on a proposed license. Paragraphs (1), (2), and (3) of this 
     subsection shall not apply to an application for a deepwater 
     port for natural gas.''.
       (d) Facility Development.--Section 8 of the Deepwater Port 
     Act of 1974 (33 U.S.C. 1507) is amended by adding at the end 
     the following:
       ``(d) Managed Access.--Subsections (a) and (b) shall not 
     apply to deepwater ports for natural gas. A licensee of a 
     deepwater port for natural gas, or an affiliate thereof, may 
     exclusively utilize the entire capacity of the deepwater port 
     and storage facilities for the acceptance, transport, 
     storage, regasification, or conveyance of natural gas 
     produced, processed, marketed, or otherwise obtained by 
     agreement by such licensee or its affiliates. The licensee 
     may make unused capacity of the deepwater port and storage 
     facilities available to other persons, pursuant to reasonable 
     terms and conditions imposed by the licensee, if such use 
     does not otherwise interfere in any way with the acceptance, 
     transport, storage, regasification, or conveyance of natural 
     gas produced, processed, marketed, or otherwise obtained by 
     agreement by such licensee or its affiliates.
       ``(e) Jurisdiction.--Notwithstanding any provision of the 
     Natural Gas Act (15 U.S.C. 717 et seq.), any regulation or 
     rule issued thereunder, or section 19 as it pertains to such 
     Act, this Act shall apply with respect to the licensing, 
     siting, construction, or operation of a deepwater natural gas 
     port or the acceptance, transport, storage, regassification, 
     or conveyance of natural gas at or through a deepwater port, 
     to the exclusion of the Natural Gas Act or any regulation or 
     rule issued thereunder.''.
       (e) Regulations.--
       (1) Agency and department expertise and responsibilities.--
     Not later than 30 days after the date of the enactment of 
     this Act, the heads of Federal departments or agencies having 
     expertise concerning, or jurisdiction over, any aspect of the 
     construction or operation of deepwater ports for natural gas 
     shall transmit to the Secretary of Transportation written 
     comments as to such expertise or statutory responsibilities 
     pursuant to the Deepwater Port Act of 1974 (33 U.S.C. 1501 et 
     seq.) or any other Federal law.
       (2) Interim final rule.--The Secretary may issue an interim 
     final rule as a temporary regulation implementing this 
     section (including the amendments made by this section) as 
     soon as practicable after the date of enactment of this 
     section, without regard to the provisions of chapter 5 of 
     title 5, United States Code.
       (3) Final rules.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall issue additional final rules that, in the discretion of 
     the Secretary, are determined to be necessary under the 
     Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) for the 
     application and issuance of licenses for a deepwater port for 
     natural gas.
       (f) Environmental Analysis.--Section 5 of the Deepwater 
     Port Act of 1974 (33 U.S.C. 1504) is amended by striking 
     subsection (f) and inserting the following:
       ``(f) NEPA Compliance.--For all applications, the 
     Secretary, in cooperation with other involved Federal 
     agencies and departments, shall comply with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332). Such 
     compliance shall fulfill the requirement of all Federal 
     agencies in carrying out their responsibilities under the 
     National Environmental Policy Act of 1969 pursuant to this 
     Act.''.
       (g) State Fees.--Section 5(h)(2) of the Deepwater Port Act 
     of 1974 (33 U.S.C. 1504(h)(2)) is amended by inserting ``and 
     unless prohibited by law,'' after ``Notwithstanding any other 
     provision of this Act,''.

     SEC. 107. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS 
                   AND ENHANCED USE OF OTHER SECURITY PERSONNEL.

       (a) In General.--Section 7(b) of the Ports and Waterways 
     Safety Act (33 U.S.C. 1226(b)) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (1);
       (2) by striking ``terrorism.'' in paragraph (2) and 
     inserting ``terrorism; and''; and
       (3) by adding at the end the following:
       ``(3) dispatch properly trained and qualified armed Coast 
     Guard personnel on vessels and public or commercial 
     structures on or adjacent to waters subject to United States 
     jurisdiction to deter or respond to acts of terrorism or 
     transportation security incidents, as defined in section 
     70101 of title 46, United States Code.''.
       (b) Report on Use of Non-Coast Guard Personnel.--The 
     Secretary of the department in which the Coast Guard is 
     operating shall evaluate and report to the Congress on--
       (1) the potential use of Federal, State, or local 
     government personnel, and documented United States Merchant 
     Marine personnel, to supplement Coast Guard personnel under 
     section 7(b)(3) of the Ports and Waterways Safety Act (33 
     U.S.C. 1226(b)(3));
       (2) the possibility of using personnel other than Coast 
     Guard personnel to carry out Coast Guard personnel functions 
     under that section and whether additional legal authority 
     would be necessary to use such personnel for such functions; 
     and
       (3) the possibility of utilizing the United States Merchant 
     Marine Academy, State maritime academies, or Coast Guard 
     approved maritime industry schools in the United States, to 
     provide training under that section.

     SEC. 108. TECHNICAL AMENDMENTS CONCERNING THE TRANSMITTAL OF 
                   CERTAIN INFORMATION TO THE CUSTOMS SERVICE.

       (a) Tariff Act of 1930.--Section 431A(d) of the Tariff Act 
     of 1930, as added by section 343(b) of the Trade Act of 2002 
     (Public Law 107-210), is amended to read as follows:
       ``(d) Reporting of Undocumented Cargo.--
       ``(1) In general.--A vessel carrier shall notify the 
     Customs Service of any cargo tendered to such carrier that is 
     not properly documented pursuant to this section and that has 
     remained in the marine terminal for more than 48 hours after 
     being delivered to the marine terminal, and the location of 
     the cargo in the marine terminal.
       ``(2) Sharing arrangements.--For vessel carriers that are 
     members of vessel sharing agreements (or any other 
     arrangement whereby a carrier moves cargo on another 
     carrier's vessel), the vessel carrier accepting the booking 
     shall be responsible for reporting undocumented cargo, 
     without regard to whether it operates the vessel on which the 
     transportation is to be made.
       ``(3) Reassignment to another vessel.--For purposes of this 
     subsection and subsection (f), if merchandise has been 
     tendered to a marine terminal operator and subsequently 
     reassigned for carriage on another vessel, the merchandise 
     shall be considered properly documented if the information 
     provided reflects carriage on the previously assigned vessel 
     and otherwise meets the requirements of subsection (b). 
     Notwithstanding the preceding sentence, it shall be the 
     responsibility of the vessel carrier to notify the Customs 
     Service promptly of any reassignment of merchandise for 
     carriage on a vessel other than the vessel on which the 
     merchandise was originally assigned.
       ``(4) Multiple containers.--If a single shipment is 
     comprised of multiple containers, the 48-hour period 
     described in paragraph (1) shall begin to run from the time 
     the last container of the shipment is delivered to the marine 
     terminal operator. It shall be the responsibility of the 
     person tendering the cargo to inform the carrier that the 
     shipment consists of multiple containers that will be 
     delivered to the marine terminal operator at different times 
     as part of a single shipment.''.
       (b) Mandatory Advanced Electronic Information.--Section 
     343(a) of the Trade Act of 2002 (Public Law 107-210) is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--
       ``(A) Subject to paragraphs (2) and (3), the Secretary is 
     authorized to promulgate regulations providing for the 
     transmission to the Customs Service, through an electronic 
     data interchange system, of information pertaining to cargo 
     to be brought into the United States or to be sent from the 
     United States, prior to the arrival or departure of the 
     cargo.
       ``(B) The Secretary shall endeavor to promulgate an initial 
     set of regulations under subparagraph (A) not later than 
     October 1, 2003.''.
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Information required.--The cargo information required 
     by the regulations promulgated pursuant to paragraph (1) 
     under the parameters set forth in paragraph (3) shall be such 
     information on cargo as the Secretary determines to be 
     reasonably necessary to ensure cargo safety and security 
     pursuant to those laws enforced and administered by the 
     Customs Service. The Secretary shall provide to appropriate 
     Federal departments and agencies cargo information obtained 
     pursuant to paragraph (1).''; and
       (3) in paragraph (3)--
       (A) by striking ``aviation, maritime, and surface 
     transportation safety and security'' in subparagraphs (F), 
     (H), and (L)(ii) and inserting ``cargo safety and security'';
       (B) in subparagraph (F)--
       (i) by inserting ``merchandise'' after ``determining'';
       (ii) by inserting ``and preventing smuggling'' after 
     ``security''; and
       (iii) by adding at the end the following: ``Notwithstanding 
     the preceding sentence, nothing in this section shall be 
     treated as amending, repealing, or otherwise modifying title 
     IV of the Tariff Act of 1930 or regulations promulgated 
     thereunder.'';
       (C) in subparagraph (G)--
       (i) in the first sentence--

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

[[Page H8569]]

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

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

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

     SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING.

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

     SEC. 110. ADDITIONAL REPORTS.

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

     SEC. 111. PERFORMANCE STANDARDS.

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

     SEC. 112. REPORT ON FOREIGN-FLAG VESSELS.

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

     SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE.

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

     SEC. 201. SHORT TITLE.

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

     SEC. 202. VESSEL COASTAL VENTURE.

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

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

       (a) Findings.--The Congress finds that--
       (1) the United States Merchant Marine has served the people 
     of the United States in all wars since 1775;

[[Page H8570]]

       (2) the United States Merchant Marine served as the 
     Nation's first navy and defeated the British Navy to help 
     gain the Nation's independence;
       (3) the United States Merchant Marine kept the lifeline of 
     freedom open to the allies of the United States during the 
     Second World War, making one of the most significant 
     contributions made by any nation to the victory of the allies 
     in that war;
       (4) President Franklin D. Roosevelt and many military 
     leaders praised the role of the United States Merchant Marine 
     as the ``Fourth Arm of Defense'' during the Second World War;
       (5) more than 250,000 men and women served in the United 
     States Merchant Marine during the Second World War;
       (6) during the Second World War, members of the United 
     States Merchant Marine faced dangers from the elements and 
     from submarines, mines, armed raiders, destroyers, aircraft, 
     and ``kamikaze'' pilots;
       (7) during the Second World War, at least 6,830 members of 
     the United States Merchant Marine were killed at sea;
       (8) during the Second World War, 11,000 members of the 
     United States Merchant Marine were wounded, at least 1,100 of 
     whom later died from their wounds;
       (9) during the Second World War, 604 members of the United 
     States Merchant Marine were taken prisoner;
       (10) 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 2003.

     SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.

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

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

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

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

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

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

     SEC. 206. TONNAGE OF R/V DAVIDSON.

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

     SEC. 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

       (a) In General.--Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act 
     of June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 
     289), and sections 12106 and 12108 of title 46, United States 
     Code, the Secretary of the department in which the Coast 
     Guard is operating may issue a certificate of documentation 
     with appropriate endorsement for employment in the coastwise 
     trade for the following vessels:
       (1) LOOKING GLASS (United States official number 925735).
       (2) YANKEE (United States official number 1076210).
       (3) LUCKY DOG of St. Petersburg, Florida (State of Florida 
     registration number FLZP7569E373).
       (4) ENTERPRIZE (United States official number 1077571).
       (5) M/V SANDPIPER (United States official number 1079439).
       (6) FRITHA (United States official number 1085943).
       (7) PUFFIN (United States official number 697029).
       (8) VICTORY OF BURNHAM (United States official number 
     663780).
       (9) R'ADVENTURE II (United States official number 905373).
       (10) ANTJA (State of Florida registration number FL3475MA).
       (11) SKIMMER, manufactured by Contour Yachts, Inc. (hull 
     identification number QHG34031D001).
       (12) TOKEENA (State of South Carolina registration number 
     SC 1602 BJ).
       (13) DOUBLE EAGLE 2 (United States official number 
     1042549).
       (14) ENCOUNTER (United States official number 998174).
       (15) AJ (United States official number 599164).
       (16) BARGE 10 (United States official number 1101368).
       (17) NOT A SHOT (United States official number 911064).
       (18) PRIDE OF MANY (Canadian official number 811529).
       (19) AMAZING GRACE (United States official number 92769).
       (20) SHEWHO (United States official number 1104094).
       (21) SOVEREIGN (United States official number 1028144).
       (22) CALEDONIA (United States official number 679530).
       (23) ISLANDER (State of South Carolina identification 
     number SC 9279 BJ).
       (24) F/V ANITA J (United States official number 560532).
       (25) F/V HALF MOON BAY (United States official number 
     615796).
       (26) F/V SUNSET BAY (United States official number 598484).
       (27) BILLIE-B (United States official number 958427).
       (b) Eligibility for Administrative Waivers.--The following 
     vessels are deemed to be eligible vessels within the meaning 
     of section 504(2)

[[Page H8571]]

     of the Coast Guard Authorization Act of 1998 (46 U.S.C. 12106 
     note):
       (1) EXCELLENCE III (hull identification number 
     HQZ00255K101).
       (2) ADIOS (hull identification number FAL75003A101).
       (3) LAUDERDALE LADY (United States official number 
     1103520).
       (4) UNIT ONE (United States official number 1128562).
       (c) Repeal of Jones Act Waiver Administrative Process 
     Sunset; Anti-fraud Revocation Authority.--
       (1) Repeal of sunset.--Section 505 of the Coast Guard 
     Authorization Act of 1998 (46 U.S.C. 12106 note) is repealed. 
     The repeal of section 505 shall have no effect on the 
     validity of any certificate or endorsement issued under 
     section 502 of that Act.
       (2) Revocation for fraud.--Section 503 of the Coast Guard 
     Authorization Act of 1998 (46 U.S.C. 12106 note) is amended 
     to read as follows:

     ``SEC. 503. REVOCATION.

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

     SEC. 208. EXEMPTION FOR VICTORY SHIPS.

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

     SEC. 209. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.

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

     SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.

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

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

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

     SEC. 212. VESSEL ASPHALT COMMANDER.

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

     SEC. 213. COASTWISE TRADE AUTHORIZATION.

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

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

       (a) In General.--Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act 
     of June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 
     289), and sections 12106 and 12108 of title 46, United States 
     Code, the Secretary of Transportation may issue a certificate 
     of documentation with appropriate endorsement for employment 
     in the coastwise trade for a self-propelled tank vessel not 
     built in the United States as provided in this section.
       (b) Waiver Requirements.--The Secretary may not grant a 
     waiver under subsection (a) unless--
       (1) the person requesting the waiver is a party to a 
     binding legal contract, executed within 24 months after the 
     date of enactment of this Act, with a United States shipyard 
     for the construction in the United States of a self-propelled 
     tank vessel;
       (2) the Secretary determines, on the basis of the terms of 
     the contract, the parties to the contract, the actions of 
     those parties in connection with the contract, and the 
     circumstances under which the contract was executed, that the 
     parties are making a bona fide effort to construct in the 
     United States and deliver a self-propelled tank vessel in a 
     timely manner;
       (3) the vessel for which the waiver is granted will meet 
     otherwise applicable requirements of law regarding ownership 
     and operation for vessels employed in the coastwise trade;
       (4) the shipyard owns a facility with sufficient 
     infrastructure to construct the self-propelled tank vessel;
       (5) the self-propelled tank vessel that is the subject of 
     that contract will not be available for use on the contracted 
     delivery date because of a delay in the construction or 
     delivery of the vessel due to unusual circumstances; and
       (6) the Secretary determines that no other suitable tank 
     vessel or vessels, or tank vessel capacity, that would not 
     require such a waiver are reasonably available to the 
     person requesting the waiver.
     Prior to making the determination under paragraph (6), the 
     Secretary shall provide public notice of a waiver request and 
     shall provide persons who may have such suitable tank vessels 
     an opportunity to indicate to the requester and the Secretary 
     the particulars of available tank vessels or tank vessel 
     capacity not requiring a waiver under this section.
       (c) Limitations.--
       (1) Capacity of tank vessel.--The Secretary may not grant a 
     waiver under subsection (a) for a self-propelled tank vessel 
     that has substantially greater capacity than the vessel 
     described in subsection (b)(1).
       (2) Maximum duration of waiver.--The Secretary may not 
     grant a waiver under subsection (a) for a period prior to, or 
     extending more than 48 months after, the original contract 
     delivery date of the vessel described in subsection (b)(1).
       (3) Maximum number of waivers.--The Secretary may grant 
     waivers under subsection (a) for not more than 3 self-
     propelled tank vessels.
       (d) Determination of Waiver.--
       (1) In general.--A waiver grant under subsection (a) shall 
     terminate on the earlier of--
       (A) the date established by the Secretary as its expiration 
     date under subsection (c)(2); or
       (B) the date that is 60 days after the day on which the 
     vessel described in subsection (b)(1) is delivered.

[[Page H8572]]

       (2) Termination for intentional delay.--The Secretary may 
     terminate a waiver granted under subsection (a) at any time 
     if the Secretary determines that the delay in the 
     construction or delivery of the vessel described in the 
     subsection (b)(1) is no longer due to unusual circumstances.
       (e) Suspension of Waiver.--The Secretary may suspend a 
     waiver granted under subsection (a) for any period of time if 
     the Secretary determines that a suitable tank vessel, or 
     suitable tank vessel capacity, that would not require such a 
     waiver is reasonably available to the person requesting the 
     waiver.
       (f) Contracted-for Vessel Delivery.--If the Secretary 
     grants a waiver under subsection (a), the shipyard 
     constructing the vessel described in subsection (b)(1) shall 
     deliver the vessel, constructed in accordance with the terms 
     of the contract, as soon as practicable after the delivery 
     date established by the contract.
       (g) Unusual Circumstances Defined.--In this section, the 
     term ``unusual circumstances'' means bankruptcy of the 
     shipyard or Acts of God (other than ordinary storms or 
     inclement weather conditions), labor strikes, acts of 
     sabotage, explosions, fires, or vandalism, and similar 
     circumstances beyond the control of the parties to the 
     contract which prevent commencement of construction, or 
     timely delivery or completion, of a vessel.

     SEC. 215. REALIGNMENT OF POLICY RESPONSIBILITY IN THE 
                   DEPARTMENT OF TRANSPORTATION.

       (a) In General.--Section 102 of title 49, United States 
     Code, is amended by--
       (1) redesignating subsection (d) as subsection (g), and 
     moving such subsection to appear after subsection (f);
       (2) inserting after subsection (c) the following:
       ``(d) The Department has an Under Secretary of 
     Transportation for Policy appointed by the President, by and 
     with the advice and consent of the Senate. The Under 
     Secretary shall provide leadership in the development of 
     policy for the Department, supervise the policy activities of 
     Assistant Secretaries with primary responsibility for 
     aviation, international, and other transportation policy 
     development and carry out other powers and duties prescribed 
     by the Secretary. The Under Secretary acts for the Secretary 
     when the Secretary and the Deputy Secretary are absent or 
     unable to serve, or when the offices of Secretary and Deputy 
     Secretary are vacant.''; and
       (3) by striking ``Secretary and the Deputy Secretary'' each 
     place it appears in the last sentence of subsection (f), as 
     redesignated, and inserting ``Secretary, Deputy Secretary, 
     and Under Secretary of Transportation for Policy''.
       (b) Position in Executive Service.--Section 5313 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``Under Secretary of Transportation for Policy.''.
       (c) Conforming Amendment.--Section 102 of title 49, United 
     States Code, is further amended by striking subsection (g), 
     as redesignated by subsection (a)(1), on the date that an 
     individual is appointed to the position of Under Secretary of 
     Transportation for Policy under subsection (d) of such 
     section, as added by subsection (a)(2) of this section.
          TITLE III--COAST GUARD PERSONNEL AND MARITIME SAFETY

     SEC. 301. SHORT TITLE.

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

     SEC. 311. COAST GUARD BAND DIRECTOR RANK.

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

     SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

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

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

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

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

     SEC. 313. ACCELERATED PROMOTION OF CERTAIN COAST GUARD 
                   OFFICERS.

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

     SEC. 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-
                   BRIDGE RADIOTELEPHONE ACT.

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

     SEC. 322. MODIFICATION OF VARIOUS REPORTING REQUIREMENTS.

       (a) Termination of Oil Spill Liability Trust Fund Annual 
     Report.--The report regarding the Oil Spill Liability Trust 
     Fund required by the Conference Report (House Report 101-892) 
     accompanying the Department of Transportation and Related 
     Agencies Appropriations Act, 1991, as that requirement was 
     amended by section 1122 of the Federal Reports Elimination 
     and Sunset Act of 1995 (Public Law 104-66), shall no longer 
     be submitted to the Congress.
       (b) Preservation of Certain Reporting Requirements.--
     Section 3003(a)(1) of the Federal Reports Elimination and 
     Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to 
     any report required to be submitted under any of the 
     following provisions of law:
       (1) Coast guard operations and expenditures.--Section 651 
     of title 14, United States Code.
       (2) Summary of marine casualties reported during prior 
     fiscal year.--Section 6307(c) of title 46, United States 
     Code.
       (3) User fee activities and amounts.--Section 664 of title 
     46, United States Code.
       (4) Conditions of public ports of the united states.--
     Section 308(c) of title 49, United States Code.
       (5) Activities of federal maritime commission.--Section 208 
     of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118).
       (6) Activities of interagency coordinating committee on oil 
     pollution research.--Section 7001(e) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2761(e)).

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

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

     SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

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

[[Page H8573]]

     vessel or the safety of the vessel, its crew, cargo or 
     passengers; and''.

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

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

     SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY 
                   COMMITTEE.

       (a) Commercial Fishing Industry Vessel Advisory 
     Committee.--Section 4508 of title 46, United States Code, is 
     amended--
       (1) by inserting ``Safety'' in the section heading after 
     ``Vessel'';
       (2) by inserting ``Safety'' in subsection (a) after 
     ``Vessel'';
       (3) by striking ``(5 App. U.S.C. 1 et seq.)'' in subsection 
     (e)(1) and inserting ``(5 App. U.S.C.)''; and
       (4) by striking ``on September 30, 2000'' in subsection 
     (e)(1) and inserting ``on September 30, 2005''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 45 of title 46, United States Code, is amended by 
     striking the item relating to section 4508 and inserting the 
     following:

``4508. Commercial Fishing Industry Vessel Safety Advisory 
              Committee.''.

     SEC. 332. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY 
                   COMMITTEE.

       Section 18(h) of the Coast Guard Authorization Act of 1991 
     (Public Law 102-241) is amended by striking ``September 30, 
     2000.'' and inserting ``September 30, 2005.''.

     SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY 
                   COMMITTEE.

       Section 19(g) of the Coast Guard Authorization Act of 1991 
     (Public Law 102-241) is amended by striking ``September 30, 
     2000'' and inserting ``September 30, 2005''.

     SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.

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

     SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

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

     SEC. 336. TOWING SAFETY ADVISORY COMMITTEE.

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

     SEC. 341. PATROL CRAFT.

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

     SEC. 342. BOATING SAFETY.

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

     SEC. 343. CARIBBEAN SUPPORT TENDER.

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

     SEC. 344. PROHIBITION OF NEW MARITIME USER FEES.

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

     SEC. 345. GREAT LAKES LIGHTHOUSES.

       (a) Findings.--The Congress finds the following:
       (1) The Great Lakes are home to more than 400 lighthouses. 
     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 the department in which the Coast 
     Guard is operating, may--
       (1) continue to offer advice and technical assistance to 
     organizations in the Great Lakes region that are dedicated to 
     lighthouse stewardship; and
       (2) promptly release information regarding the timing of 
     designations of Coast Guard lighthouses on the Great Lakes as 
     excess to the needs of the Coast Guard, to enable those 
     organizations to mobilize and be prepared to take appropriate 
     action with respect to the disposal of those properties.

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

       (a) Report.--The Secretary of the department in which the 
     Coast Guard is operating shall prepare a status report on the 
     modernization of the National Distress and Response System 
     and transmit the report, not later than 60 days after the 
     date of enactment of this Act and annually thereafter until 
     completion of the project, to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.
       (b) Contents.--The report required by subsection (a) 
     shall--
       (1) set forth the scope of the modernization, the schedule 
     for completion of the System, and information on progress in 
     meeting the schedule and on any anticipated delays;
       (2) specify the funding expended to-date on the System, the 
     funding required to complete the System, and the purposes for 
     which the funds were or will be expended;
       (3) describe and map the existing public and private 
     communications coverage throughout the waters of the coastal 
     and internal regions of the continental United States, 
     Alaska, Hawaii, Guam, and the Caribbean, and identify 
     locations that possess direction-finding, asset-tracking 
     communications, and digital selective calling service;
       (4) identify areas of high risk to boaters and Coast Guard 
     personnel due to communications gaps;
       (5) specify steps taken by the Secretary to fill existing 
     gaps in coverage, including obtaining direction-finding 
     equipment, digital recording systems, asset-tracking 
     communications, use of commercial VHF services, and digital 
     selective calling services that meet or exceed Global 
     Maritime Distress and Safety System requirements adopted 
     under the International Convention for the Safety of Life at 
     Sea;
       (6) identify the number of VHF-FM radios equipped with 
     digital selective calling sold to United States boaters;
       (7) list all reported marine accidents, casualties, and 
     fatalities occurring in areas with existing communications 
     gaps or failures, including incidents associated with gaps in 
     VHF-FM coverage or digital selected calling capabilities and 
     failures associated with inadequate communications equipment 
     aboard the involved vessels during calendar years 1997 and 
     thereafter;
       (8) identify existing systems available to close all 
     identified marine safety gaps before January 1, 2003, 
     including expeditious receipt and response by appropriate 
     Coast Guard operations centers to VHF-FM digital selective 
     calling distress signal; and
       (9) identify actions taken to-date to implement the 
     recommendations of the National Transportation Safety Board 
     in its Report No. MAR-99-01.

     SEC. 347. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, 
                   MAINE.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of the department in which 
     the Coast Guard is operating, or a designee of the Secretary, 
     may convey to the Gulf of Maine Aquarium Development 
     Corporation, its successors and assigns, without payment for 
     consideration, all right, title, and interest of the United 
     States in and to approximately 4.13 acres of land, including 
     a pier and bulkhead, known as the Naval Reserve Pier 
     property, together with any improvements thereon in their 
     then current condition, located in Portland, Maine. All 
     conditions placed with the deed of title shall be construed 
     as covenants running with the land.
       (2) Identification of property.--The Secretary, in 
     consultation with the Commandant of the Coast Guard, may 
     identify, describe, and determine the property to be conveyed 
     under this section. The floating docks associated with or 
     attached to the Naval Reserve Pier property shall remain the 
     personal property of the United States.
       (b) Lease to the United States.--
       (1) Condition of conveyance.--The Naval Reserve Pier 
     property shall not be conveyed until the Corporation enters 
     into a lease agreement with the United States, the terms of 
     which

[[Page H8574]]

     are mutually satisfactory to the Commandant and the 
     Corporation, in which the Corporation shall lease a portion 
     of the Naval Reserve Pier property to the United States for a 
     term of 30 years without payment of consideration. The lease 
     agreement shall be executed within 12 months after the date 
     of enactment of this Act.
       (2) Identification of leased premises.--The Secretary, in 
     consultation with the Commandant, may identify and describe 
     the leased premises and rights of access, including the 
     following, in order to allow the Coast Guard to operate and 
     perform missions from and upon the leased premises:
       (A) The right of ingress and egress over the Naval Reserve 
     Pier property, including the pier and bulkhead, at any time, 
     without notice, for purposes of access to Coast Guard vessels 
     and performance of Coast Guard missions and other mission-
     related activities.
       (B) The right to berth Coast Guard cutters or other vessels 
     as required in the moorings along the east side of the Naval 
     Reserve Pier property and the right to attach floating docks 
     which shall be owned and maintained at the United States' 
     sole cost and expense.
       (C) The right to operate, maintain, remove, relocate, or 
     replace an aid to navigation located upon, or to install any 
     aid to navigation upon, the Naval Reserve Pier property as 
     the Coast Guard, in its sole discretion, may determine is 
     needed for navigational purposes.
       (D) The right to occupy up to 3,000 contiguous gross square 
     feet at the Naval Reserve Pier property for storage and 
     office space, which will be provided and constructed by the 
     Corporation, at the Corporation's sole cost and expense, and 
     which will be maintained, and utilities and other operating 
     expenses paid for, by the United States at its sole cost and 
     expense.
       (E) The right to occupy up to 1,200 contiguous gross square 
     feet of offsite storage in a location other than the Naval 
     Reserve Pier property, which will be provided by the 
     Corporation at the Corporation's sole cost and expense, and 
     which will be maintained, and utilities and other operating 
     expenses paid for, by the United States at its sole cost and 
     expense.
       (F) The right for Coast Guard personnel to park up to 60 
     vehicles, at no expense to the Government, in the 
     Corporation's parking spaces on the Naval Reserve Pier 
     property or in parking spaces that the Corporation may secure 
     within 1,000 feet of the Naval Reserve Pier property or 
     within 1,000 feet of the Coast Guard Marine Safety Office 
     Portland. Spaces for no less than 30 vehicles shall be 
     located on the Naval Reserve Pier property.
       (3) Renewal.--The lease described in paragraph (1) may be 
     renewed, at the sole option of the United States, for 
     additional lease terms.
       (4) Limitation on subleases.--The United States may not 
     sublease the leased premises to a third party or use the 
     leased premises for purposes other than fulfilling the 
     missions of the Coast Guard and for other mission related 
     activities.
       (5) Termination.--In the event that the Coast Guard ceases 
     to use the leased premises, the Secretary, in consultation 
     with the Commandant, may terminate the lease with the 
     Corporation.
       (c) Improvement of Leased Premises.--
       (1) In general.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States, subject to the Commandant's design 
     specifications, project's schedule, and final project 
     approval, to replace the bulkhead and pier which connects to, 
     and provides access from, the bulkhead to the floating docks, 
     at the Corporation's sole cost and expense, on the east side 
     of the Naval Reserve Pier property within 30 months from the 
     date of conveyance. The agreement to improve the leased 
     premises shall be executed within 12 months after the date of 
     enactment of this Act.
       (2) Further improvements.--In addition to the improvements 
     described in paragraph (1), the Commandant may further 
     improve the leased premises during the lease term, at the 
     United States sole cost and expense.
       (d) Utility Installation and Maintenance Obligations.--
       (1) Utilities.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States to allow the United States to operate 
     and maintain existing utility lines and related equipment, at 
     the United States sole cost and expense. At such time as the 
     Corporation constructs its proposed public aquarium, the 
     Corporation shall replace existing utility lines and related 
     equipment and provide additional utility lines and equipment 
     capable of supporting a third 110-foot Coast Guard cutter, 
     with comparable, new, code compliant utility lines and 
     equipment at the Corporation's sole cost and expense, 
     maintain such utility lines and related equipment from an 
     agreed upon demarcation point, and make such utility lines 
     and equipment available for use by the United States, if the 
     United States pays for its use of utilities at its sole cost 
     and expense. The agreement concerning the operation and 
     maintenance of utility lines and equipment shall be executed 
     within 12 months after the date of enactment of this Act.
       (2) Maintenance.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States to maintain, at the Corporation's sole 
     cost and expense, the replacement bulkhead and pier on the 
     east side of the Naval Reserve Pier property. The agreement 
     concerning the maintenance of the bulkhead and pier shall be 
     executed within 12 months after the date of enactment of this 
     Act.
       (3) Aids to navigation.--The United States shall be 
     required to maintain, at its sole cost and expense, any Coast 
     Guard active aid to navigation located upon the Naval Reserve 
     Pier property.
       (e) Additional Rights.--The conveyance of the Naval Reserve 
     Pier property shall be made subject to conditions the 
     Secretary considers necessary to ensure that--
       (1) the Corporation shall not interfere or allow 
     interference, in any manner, with use of the leased premises 
     by the United States; and
       (2) the Corporation shall not interfere or allow 
     interference, in any manner, with any aid to navigation nor 
     hinder activities required for the operation and maintenance 
     of any aid to navigation, without the express written 
     permission of the head of the agency responsible for 
     operating and maintaining the aid to navigation.
       (f) Remedies and Reversionary Interest.--The Naval Reserve 
     Pier property, at the option of the Secretary, shall revert 
     to the United States and be placed under the administrative 
     control of the Secretary, if, and only if, the Corporation 
     fails to abide by any of the terms of this section or any 
     agreement entered into under subsection (b), (c), or (d) of 
     this section.
       (g) Liability of the Parties.--The liability of the United 
     States and the Corporation for any injury, death, or damage 
     to or loss of property occurring on the leased property shall 
     be determined with reference to existing State or Federal 
     law, as appropriate, and any such liability may not be 
     modified or enlarged by this title or any agreement of the 
     parties.
       (h) Expiration of Authority To Convey.--The authority to 
     convey the Naval Reserve property under this section shall 
     expire 3 years after the date of enactment of this Act.
       (i) Definitions.--In this section, the following 
     definitions apply:
       (1) Aid to navigation.--The term ``aid to navigation'' 
     means equipment used for navigational purposes, including a 
     light, antenna, sound signal, electronic navigation 
     equipment, cameras, sensors power source, or other related 
     equipment which are operated or maintained by the United 
     States.
       (2) Corporation.--The term ``Corporation'' means the Gulf 
     of Maine Aquarium Development Corporation, its successors and 
     assigns.

     SEC. 348. ADDITIONAL COAST GUARD FUNDING NEEDS AFTER 
                   SEPTEMBER 11, 2001.

       (a) In General.--No later than 90 days after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall submit a report to 
     the Congress that--
       (1) compares Coast Guard expenditures by mission area on an 
     annualized basis before and after the terrorist attacks of 
     September 11, 2001;
       (2) estimates--
       (A) annual funding amounts and personnel levels that would 
     restore all Coast Guard mission areas to the readiness levels 
     that existed before September 11, 2001;
       (B) annual funding amounts and personnel levels required to 
     fulfill the Coast Guard's additional responsibilities for 
     port security after September 11, 2001; and
       (C) annual funding amounts and personnel levels required to 
     increase law enforcement needs in mission areas other than 
     port security after September 11, 2001;
       (3) generally describes the services provided by the Coast 
     Guard to the Department of Defense after September 11, 2001, 
     and states the cost of such services; and
       (4) identifies the Federal agency providing funds for those 
     services.
       (b) Report Required.--Not later than 180 days after the 
     date of enactment of this Act, the Commandant of the Coast 
     Guard shall submit a report to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate identifying mission targets for 
     each Coast Guard mission for fiscal years 2003, 2004, and 
     2005 and the specific steps necessary to achieve those 
     targets. The Inspector General of the department in which the 
     Coast Guard is operating shall review the final strategic 
     plan and provide an independent report with its views to the 
     Committees within 90 days after the plan has been submitted 
     by the Secretary.

     SEC. 349. MISCELLANEOUS CONVEYANCES.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of the department in which 
     the Coast Guard is operating may convey, by an appropriate 
     means of conveyance, all right, title, and interest of the 
     United States in and to each of the following properties:
       (A) Coast Guard Slip Point Light Station, located in 
     Clallam County, Washington, to Clallam County, Washington.
       (B) The parcel of land on which is situated the Point Pinos 
     Light, located in Monterey County, California, to the city of 
     Pacific Grove, California.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     under this subsection.
       (3) Limitation.--The Secretary may not under this section 
     convey--
       (A) any historical artifact, including any lens or lantern, 
     located on the property at or before the time of the 
     conveyance; or
       (B) any interest in submerged land.
       (b) General Terms and Conditions.--
       (1) In general.--Each conveyance of property under this 
     section shall be made--
       (A) without payment of consideration; and
       (B) subject to the terms and conditions required by this 
     section and other terms and conditions the Secretary may 
     consider appropriate, including the reservation of easements 
     and other rights on behalf of the United States.
       (2) Reversionary interest.--In addition to any term or 
     condition established under this section, each conveyance of 
     property under this section shall be subject to the condition 
     that all right, title, and interest in the property shall 
     immediately revert to the United States if--
       (A) the property, or any part of the property--
       (i) ceases to be available and accessible to the public, on 
     a reasonable basis, for educational, park, recreational, 
     cultural, historic preservation, or other similar purposes 
     specified for the property in the terms of conveyance;

[[Page H8575]]

       (ii) ceases to be maintained in a manner that is consistent 
     with its present or future use as a site for Coast Guard aids 
     to navigation or compliance with this section; or
       (iii) ceases to be maintained in a manner consistent with 
     the conditions in paragraph (4) established by the Secretary 
     pursuant to the National Historic Preservation Act (16 U.S.C. 
     470 et seq.); or
       (B) at least 30 days before that reversion, the Secretary 
     provides written notice to the owner that the property is 
     needed for national security purposes.
       (3) Maintenance of navigation functions.--Each conveyance 
     of property under this section shall be made subject to the 
     conditions that the Secretary considers to be necessary to 
     assure that--
       (A) the lights, antennas, and associated equipment located 
     on the property conveyed that are active aids to navigation 
     shall continue to be operated and maintained by the United 
     States for as long as they are needed for this purpose;
       (B) the owner of the property may not interfere or allow 
     interference in any manner with aids to navigation without 
     express written permission from the Commandant of the Coast 
     Guard;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to the property conveyed as may be necessary for 
     navigational purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     operating, maintaining, and inspecting aids to navigation and 
     for the purpose of enforcing compliance with this subsection; 
     and
       (E) the United States shall have an easement of access to 
     and across the property for the purpose of maintaining the 
     aids to navigation in use on the property.
       (4) Maintenance of property.--(A) Subject to subparagraph 
     (B), the owner of a property conveyed under this section 
     shall maintain the property in a proper, substantial, and 
     workmanlike manner, and in accordance with any conditions 
     established by the conveying authority pursuant to the 
     National Historic Preservation Act (16 U.S.C. 470 et seq.) 
     and other applicable laws.
       (B) The owner of a property conveyed under this section is 
     not required to maintain any active aid to navigation 
     equipment on the property, except private aids to 
     navigation permitted under section 83 of title 14, United 
     States Code.
       (c) Special Terms and Conditions.--The Secretary may retain 
     all right, title, and interest of the United States in and to 
     any portion of any parcel referred to in subsection (a)(1)(B) 
     that the Secretary considers appropriate.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Aids to navigation.--The term ``aids to navigation'' 
     means equipment used for navigation purposes, including a 
     light, antenna, radio, sound signal, electronic navigation 
     equipment, or other associated equipment which are operated 
     or maintained by the United States.
       (2) Owner.--The term ``owner'' means, for a property 
     conveyed under this section, the person identified in 
     subsection (a)(1) of the property and includes any successor 
     or assign of that person.
                TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

     SEC. 401. SHORT TITLE.

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

     SEC. 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

       (a) Housing Contractors.--Section 681(a) of title 14, 
     United States Code, is amended by inserting ``, including a 
     small business concern qualified under section 8(a) of the 
     Small Business Act (15 U.S.C. 637(a)),'' after ``private 
     persons''.
       (b) Budget Authority Limitation.--Section 687(f) of title 
     14, United States Code, is amended by striking 
     ``$20,000,000'' and inserting ``$40,000,000''.
       (c) Demonstration Project.--Section 687 of title 14, United 
     States Code, is amended by adding at the end the following:
       ``(g) Demonstration Project Authorized.--To promote 
     efficiencies through the use of alternative procedures for 
     expediting new housing projects, the Secretary--
       ``(1) may develop and implement a demonstration project for 
     acquisition or construction of military family housing and 
     military unaccompanied housing on or near the Coast Guard 
     installation at Kodiak, Alaska;
       ``(2) in implementing the demonstration project, shall 
     utilize, to the maximum extent possible, the contracting 
     authority of the Small Business Administration's section 8(a) 
     program;
       ``(3) shall, to the maximum extent possible, acquire or 
     construct such housing through contracts with small business 
     concerns qualified under section 8(a) of the Small Business 
     Act (15 U.S.C. 637(a)) that have their principal place of 
     business in the State of Alaska; and
       ``(4) shall report to Congress by September 1 of each year 
     on the progress of activities under the demonstration 
     project.''.
       (d) Extension.--Section 689 of title 14, United States 
     Code, is amended by striking ``2001'' and inserting ``2007''.

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

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

     SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.

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

     SEC. 405. SEARCH AND RESCUE CENTER STANDARDS.

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

     ``Sec. 676. Search and rescue center standards

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

[[Page H8576]]

       (b) Prescription of Standards.--The Secretary shall 
     prescribe the standards required under section 675(a) of 
     title 14, United States Code, as enacted by subsection (a) of 
     this section, before January 1, 2003.
       (c) Clerical Amendment.--The table of sections for chapter 
     17 of title 14, United States Code, is amended by striking 
     the second item relating to a section 673 and the item 
     relating to a section 674 and inserting the following:

``674. Small boat station capability.
``675. Small boat station closures.
``676. Search and rescue center standards.''.

     SEC. 406. VHF COMMUNICATIONS SERVICES.

       (a) The Secretary of the department in which the Coast 
     Guard is operating may authorize a person providing 
     commercial VHF communications services to place commercial 
     VHF communications equipment on real property under the 
     administrative control of the Coast Guard (including towers) 
     subject to any terms agreed to by the parties. The Secretary 
     and that commercial VHF communications service provider also 
     may enter into an agreement providing for VHF communications 
     services to the Coast Guard (including digital selective 
     calling and radio direction finding services) at a discounted 
     rate or price based on providing such access to real property 
     under the administrative control of the Coast Guard.
       (b) Commercial VHF communication equipment placed on real 
     property under the administrative control of the Coast Guard 
     under this section shall not interfere in any manner with any 
     current or future Coast Guard communication equipment.
       (c) Nothing in 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 
     the department in which the Coast Guard is operating $987,400 
     for fire, oil, and toxic spill response communications, 
     training, equipment, and program administration activities 
     conducted by nonprofit organizations that act in cooperation 
     with the Coast Guard, to remain available until expended. 
     Organizations receiving appropriated funds must have a 
     multiyear record of spill and marine fire response in Federal 
     navigable waterways. Federal funds shall not exceed 25 
     percent of such an organization's total budget.

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

       (a) Laws Codified in Title 14, United States Code.--(1) 
     Sections 194(b)(2) and 194(b)(5) of title 14, United States 
     Code, are amended by striking ``Merchant Marine and 
     Fisheries'' and inserting ``Transportation and 
     Infrastructure''.
       (2) Section 663 of title 14, United States Code, is amended 
     by striking ``Merchant Marine and Fisheries'' and inserting 
     ``Transportation and Infrastructure''.
       (3) Section 664(c) of title 14, United States Code, is 
     amended by striking ``Merchant Marine and Fisheries'' and 
     inserting ``Transportation and Infrastructure''.
       (b) Laws Codified in Title 33, United States Code.--(1) 
     Section 3(d)(3) of the International Navigational Rules Act 
     of 1977 (33 U.S.C. 1602(d)(3)) is amended by striking 
     ``Merchant Marine and Fisheries'' and inserting 
     ``Transportation and Infrastructure''.
       (2) Section 5004(2) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2734(2)) is amended by striking ``Merchant Marine and 
     Fisheries'' and inserting ``Transportation and 
     Infrastructure''.
       (c) Laws Codified in Title 46, United States Code.--(1) 
     Section 6307(a) of title 46, United States Code, is amended 
     by striking ``Merchant Marine and Fisheries'' and inserting 
     ``Transportation and Infrastructure''.
       (2) Section 901g(b)(3) of the Merchant Marine Act, 1936 (46 
     App. U.S.C. 1241k(b)(3)) is amended by striking ``Merchant 
     Marine and Fisheries'' and inserting ``Transportation and 
     Infrastructure''.
       (3) Section 913(b) of the International Maritime and Port 
     Security Act (46 App. U.S.C. 1809(b)) is amended by striking 
     ``Merchant Marine and Fisheries'' and inserting 
     ``Transportation and Infrastructure''.

     SEC. 409. RESTRICTION ON VESSEL DOCUMENTATION.

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

     SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT.

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

     SEC. 411. RESERVE OFFICER PROMOTIONS.

       (a) Section 729(i) of title 14, United States Code, is 
     amended by inserting ``on the date a vacancy occurs, or as 
     soon thereafter as practicable in the grade to which the 
     officer was selected for promotion or, if promotion was 
     determined in accordance with a running mate system,'' after 
     ``grade''.
       (b) Section 731(b) of title 14, United States Coast Code, 
     is amended by striking the period at the end and inserting 
     ``, or in the event that promotion is not determined in 
     accordance with a running mate system, then a Reserve officer 
     becomes eligible for consideration for promotion to the next 
     higher grade at the beginning of the promotion year in which 
     he or she completes the following amount of service computed 
     from the date of rank in the grade in which he or she is 
     serving:
       ``(1) two years in the grade of lieutenant (junior grade);
       ``(2) three years in the grade of lieutenant;
       ``(3) four years in the grade of lieutenant commander;
       ``(4) four years in the grade of commander; and
       ``(5) three years in the grade of captain.''.
       (c) Section 736(a) of title 14, United States Code, is 
     amended by inserting ``the date of rank shall be the date of 
     appointment in that grade, unless the promotion was 
     determined in accordance with a running mate system, in which 
     event'' after ``subchapter,''.

     SEC. 412. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; 
                   CONTINUATION UPON FAILURE OF SELECTION FOR 
                   PROMOTION.

       Section 285 of title 14, United States Code, is amended--
       (1) by striking ``Each officer'' and inserting ``(a) Each 
     officer''; and
       (2) by adding at the end the following:
       ``(b) A lieutenant commander or commander of the Regular 
     Coast Guard subject to discharge or retirement under 
     subsection (a) may be continued on active duty when the 
     Secretary directs a selection board convened under section 
     251 of this title to continue up to a specified number of 
     lieutenant commanders or commanders on active duty. When so 
     directed, the selection board shall recommend those officers 
     who in the opinion of the board are best qualified to advance 
     the needs and efficiency of the Coast Guard. When the 
     recommendations of the board are approved by the Secretary, 
     the officers recommended for continuation shall be notified 
     that they have been recommended for continuation and offered 
     an additional term of service that fulfills the needs of the 
     Coast Guard.
       ``(c)(1) An officer who holds the grade of lieutenant 
     commander of the Regular Coast Guard may not be continued on 
     active duty under subsection (b) for a period that extends 
     beyond 24 years of active commissioned service unless 
     promoted to the grade of commander of the Regular Coast 
     Guard. An officer who holds the grade of commander of the 
     Regular Coast Guard may not be continued on active duty under 
     subsection (b) for a period that extends beyond 26 years of 
     active commissioned service unless promoted to the grade of 
     captain of the Regular Coast Guard.
       ``(2) Unless retired or discharged under another provision 
     of law, each officer who is continued on active duty under 
     subsection (b) but is not subsequently promoted or continued 
     on active duty, and is not on a list of officers recommended 
     for continuation or for promotion to the next higher grade, 
     shall, if eligible for retirement under any provision of law, 
     be retired under that law on the first day of the first month 
     following the month in which the period of continued service 
     is completed.''.

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

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

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

       ``(a) The Secretary may provide financial assistance to an 
     eligible enlisted member of the Coast Guard Reserve, not on 
     active duty, for expenses of the member while the member 
     is pursuing on a full-time basis at an institution of 
     higher education a program of education approved by the 
     Secretary that leads to--
       ``(1) a baccalaureate degree in not more than 5 academic 
     years; or
       ``(2) a post-baccalaureate degree.
       ``(b)(1) To be eligible for financial assistance under this 
     section, an enlisted member of the Coast Guard Reserve 
     shall--
       ``(A) be enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any institution of 
     higher education; and
       ``(B) enter into a written agreement with the Coast Guard 
     described in paragraph (2).
       ``(2) A written agreement referred to in paragraph (1)(B) 
     is an agreement between the member and the Secretary in which 
     the member agrees--
       ``(A) to accept an appointment as a commissioned officer in 
     the Coast Guard Reserve, if tendered;
       ``(B) to serve on active duty for up to five years; and
       ``(C) under such terms and conditions as shall be 
     prescribed by the Secretary, to serve in the Coast Guard 
     Reserve until the eighth anniversary of the date of the 
     appointment.
       ``(c) Expenses for which financial assistance may be 
     provided under this section are the following:
       ``(1) Tuition and fees charged by the institution of higher 
     education involved.
       ``(2) The cost of books.
       ``(3) In the case of a program of education leading to a 
     baccalaureate degree, laboratory expenses.
       ``(4) Such other expenses as are deemed appropriate by the 
     Secretary.
       ``(d) The amount of financial assistance provided to a 
     member under this section shall be prescribed by the 
     Secretary, but may not exceed $25,000 for any academic year.
       ``(e) Financial assistance may be provided to a member 
     under this section for up to 5 consecutive academic years.

[[Page H8577]]

       ``(f) A member who receives financial assistance under this 
     section may be ordered to active duty in the Coast Guard 
     Reserve by the Secretary to serve in a designated enlisted 
     grade for such period as the Secretary prescribes, but not 
     more than 4 years, if the member--
       ``(1) completes the academic requirements of the program 
     and refuses to accept an appointment as a commissioned 
     officer in the Coast Guard Reserve when offered;
       ``(2) fails to complete the academic requirements of the 
     institution of higher education involved; or
       ``(3) fails to maintain eligibility for an original 
     appointment as a commissioned officer.
       ``(g)(1) If a member requests to be released from the 
     program and the request is accepted by the Secretary, or if 
     the member fails because of misconduct to complete the period 
     of active duty specified, or if the member fails to fulfill 
     any term or condition of the written agreement required to be 
     eligible for financial assistance under this section, the 
     financial assistance shall be terminated. The Secretary may 
     request the member to reimburse the United States in an 
     amount that bears the same ratio to the total costs of the 
     education provided to that member as the unserved portion of 
     active duty bears to the total period of active duty the 
     member agreed to serve. The Secretary shall have the option 
     to order such reimbursement without first ordering the member 
     to active duty. An obligation to reimburse the United States 
     imposed under this paragraph is a debt owed to the United 
     States.
       ``(2) The Secretary may waive the service obligated under 
     subsection (f) of a member who becomes unqualified to serve 
     on active duty due to a circumstance not within the control 
     of that member or who is not physically qualified for 
     appointment and who is determined to be unqualified for 
     service as an enlisted member of the Coast Guard Reserve due 
     to a physical or medical condition that was not the result of 
     the member's own misconduct or grossly negligent conduct.
       ``(3) A discharge in bankruptcy under title 11 that is 
     entered less than five years after the termination of a 
     written agreement entered into under subsection (b) does not 
     discharge the individual signing the agreement from a debt 
     arising under such agreement or under paragraph (1).
       ``(h) As used in this section, the term `institution of 
     higher education' has the meaning given that term in section 
     101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     21 of title 14, United States Code, is amended by adding the 
     following new item after the item relating to section 709:

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

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

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

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

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

     SEC. 416. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF 
                   COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE 
                   AUTHORITY.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is amended--
       (1) in section 281--
       (A) by striking ``three'' in the section heading and 
     inserting ``five''; and
       (B) by striking ``three'' in the text and inserting 
     ``five'';
       (2) in section 283(b)(2)(A), by striking ``severance'' and 
     inserting ``separation'';
       (3) in section 286--
       (A) by striking ``severance'' in the section heading and 
     inserting ``separation''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) An officer of the Regular Coast Guard who is 
     discharged under this section or section 282, 283, or 284 of 
     this title and has completed 6 or more, but less than 20, 
     continuous years of active service immediately before that 
     discharge or release is entitled to separation pay computed 
     under subsection (d)(1) of section 1174 of title 10.
       ``(c) An officer of the Regular Coast Guard who is 
     discharged under section 327 of this title and has completed 
     6 or more, but less than 20, continuous years of active 
     service immediately before that discharge or release is 
     entitled to separation pay computed under subsection (d)(1) 
     or (d)(2) of section 1174 of title 10 as determined under 
     regulations promulgated by the Secretary.
       ``(d) Notwithstanding subsections (a) and (b), an officer 
     discharged under chapter 11 of this title for twice failing 
     of selection for promotion to the next higher grade is not 
     entitled to separation pay under this section if the officer 
     requested in writing or otherwise sought not to be selected 
     for promotion, or requested removal from the list of 
     selectees.'';
       (4) in section 286a--
       (A) by striking ``severance'' in the section heading and 
     inserting ``separation'' in its place; and
       (B) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) A regular warrant officer of the Coast Guard who is 
     discharged under section 580 of title 10, and has completed 6 
     or more, but less than 20, continuous years of active service 
     immediately before that discharge is entitled to separation 
     pay computed under subsection (d)(1) of section 1174 of title 
     10.
       ``(b) A regular warrant officer of the Coast Guard who is 
     discharged under section 1165 or 1166 of title 10, and has 
     completed 6 or more, but less than 20, continuous years of 
     active service immediately before that discharge is entitled 
     to separation pay computed under subsection (d)(1) or (d)(2) 
     of section 1174 of title 10, as determined under regulations 
     promulgated by the Secretary.
       ``(c) In determining a member's years of active service for 
     the purpose of computing separation pay under this section, 
     each full month of service that is in addition to the number 
     of full years of service creditable to the member is counted 
     as one-twelfth of a year and any remaining fractional part of 
     a month is disregarded.''; and
       (5) in section 327--
       (A) by striking ``severance'' in the section heading and 
     inserting ``separation'';
       (B) by striking subsection (a)(2) and inserting the 
     following:
       ``(2) for discharge with separation benefits under section 
     286(c) of this title.'';
       (C) by striking subsection (a)(3);
       (D) by striking subsection (b)(2) and inserting the 
     following:
       ``(2) if on that date the officer is ineligible for 
     voluntary retirement under any law, be honorably discharged 
     with separation benefits under section 286(c) of this title, 
     unless under regulations promulgated by the Secretary the 
     condition under which the officer is discharged does not 
     warrant an honorable discharge.''; and
       (E) by striking subsection (b)(3).
       (b) Clerical Amendment.--The table of sections for chapter 
     11 of title 14, United States Code, is amended--
       (1) in the item relating to section 281, by striking 
     ``three'' and inserting ``five'';
       (2) in the item relating to section 286, by striking 
     ``severance'' and inserting ``separation'';
       (3) in the item relating to section 286a, by striking 
     ``severance'' and inserting ``separation''; and
       (4) in the item relating to section 327, by striking 
     ``severance'' and inserting ``separation'' in its place.
       (c) Effective Date.--The amendments made by paragraphs (2), 
     (3), (4), and (5) of subsection (a) shall take effect 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 the date of enactment of this 
     Act and shall apply with respect to conduct on or after that 
     date. The amendments made to the table of sections of chapter 
     11 of title 14, United States Code, by paragraphs (2), (3), 
     and (4) of subsection (b) of this section shall take effect 
     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 inserting after section 672 the 
     following:

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

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

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

     SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS.

       (a) In General.--Section 3 of the Maritime Drug Law 
     Enforcement Act (46 App. U.S.C. 1903) is amended--
       (1) in subsection (c)(1)(D), by striking ``and'';
       (2) in subsection (c)(1)(E), by striking ``United States.'' 
     and inserting ``United States; and''; and
       (3) by inserting after subsection (c)(1)(E) the following:
       ``(F) a vessel located in the contiguous zone of the United 
     States, as defined in Presidential Proclamation 7219 of 
     September 2, 1999, and (i) is entering the United States, 
     (ii) has departed the United States, or (iii) is a hovering 
     vessel as defined in section 401 of the Tariff Act of 1930 
     (19 U.S.C. 1401).''.
       (b) Maritime Drug Law Enforcement Amendment.--Section 4 of 
     the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1904) 
     is amended--
       (1) by inserting ``(a)'' before ``Any property''; and
       (2) by adding at the end the following:
       ``(b) Practices commonly recognized as smuggling tactics 
     may provide prima facie evidence of

[[Page H8578]]

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

     SEC. 419. WING-IN-GROUND CRAFT.

       (a) Small Passenger Vessel.--Section 2101(35) of title 46, 
     United States Code, is amended by inserting ``a wing-in-
     ground craft, regardless of tonnage, carrying at least one 
     passenger for hire, and'' after `` `small passenger vessel' 
     means''.
       (b) Wing-In-Ground Craft.--Section 2101 of title 46, United 
     States Code, is amended by adding at the end the following:
       ``(48) `wing-in-ground craft' means a vessel that is 
     capable of operating completely above the surface of the 
     water on a dynamic air cushion created by aerodynamic lift 
     due to the ground effect between the vessel and the water's 
     surface.''.

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

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

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

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

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

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

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

       ``(a) The Secretary of the department in which the Coast 
     Guard is operating may delegate, subject to the supervision 
     and control of the Secretary and under terms set out by 
     regulation, to private entities determined and certified by 
     the Secretary to be qualified, the authority to issue a 
     temporary certificate of documentation for a recreational 
     vessel if the applicant for the certificate of documentation 
     meets the requirements set out in sections 12102 and 12103 of 
     this chapter.
       ``(b) A temporary certificate of documentation issued under 
     section 12103(a) and subsection (a) of this section is valid 
     for up to 30 days from issuance.''.
       (2) The table of sections for chapter 121 of title 46, 
     United States Code, is amended by inserting after the item 
     relating to section 12103 the following:

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

     SEC. 423. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN 
                   VESSELS.

       Section 6101 of title 46, United States Code, is amended--
       (1) by redesignating the second subsection (e) as 
     subsection (f); and
       (2) by adding at the end the following:
       ``(g) To the extent consistent with generally recognized 
     practices and procedures of international law, this part 
     applies to a foreign vessel involved in a marine casualty or 
     incident, as defined in the International Maritime 
     Organization Code for the Investigation of Marine Casualties 
     and Incidents, where the United States is a Substantially 
     Interested State and is, or has the consent of, the Lead 
     Investigating State under the Code.''.

     SEC. 424. CONVEYANCE OF COAST GUARD PROPERTY IN HAMPTON 
                   TOWNSHIP, MICHIGAN.

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

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

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

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

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

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

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

     SEC. 428. PROTECTION AGAINST DISCRIMINATION.

       (a) In General.--Section 2114(a) of title 46, United States 
     Code, is amended to read as follows:
       ``(a)(1) A person may not discharge or in any manner 
     discriminate against a seaman because--
       ``(A) the seaman in good faith has reported or is about to 
     report to the Coast Guard or other appropriate Federal agency 
     or department that the seaman believes that a violation of a 
     maritime safety law or regulation prescribed under that law 
     or regulation has occurred; or
       ``(B) the seaman has refused to perform duties ordered by 
     the seaman's employer because the seaman has a reasonable 
     apprehension or expectation that performing such duties would 
     result in serious injury to the seaman, other seamen, or the 
     public.

[[Page H8579]]

       ``(2) The circumstances causing a seaman's apprehension of 
     serious injury under paragraph (1)(B) must be of such a 
     nature that a reasonable person, under similar circumstances, 
     would conclude that there is a real danger of an injury or 
     serious impairment of health resulting from the performance 
     of duties as ordered by the seaman's employer.
       ``(3) To qualify for protection against the seaman's 
     employer under paragraph (1)(B), the employee must have 
     sought from the employer, and been unable to obtain, 
     correction of the unsafe condition.''.
       (b) Appropriate Relief.--Section 2114(b) of such title is 
     amended--
       (1) in paragraph (1) by striking ``and'' at the end;
       (2) in paragraph (2) by striking the period and inserting a 
     semicolon; and
       (3) by adding at the end the following:
       ``(3) an award of costs and reasonable attorney's fees to a 
     prevailing plaintiff not exceeding $1,000; and
       ``(4) an award of costs and reasonable attorney's fees to a 
     prevailing employer not exceeding $1,000 if the court finds 
     that a complaint filed under this section is frivolous or has 
     been brought in bad faith.''.

     SEC. 429. ICEBREAKING SERVICES.

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

     SEC. 430. FISHING VESSEL SAFETY TRAINING.

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

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

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

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

       ``Any pilot, acting in the course and scope of his or her 
     duties while at a United States Coast Guard Vessel Traffic 
     Service, who provides information, advice, or communication 
     assistance while under the supervision of a Coast Guard 
     officer, member, or employee shall not be liable for damages 
     caused by or related to such assistance unless the acts or 
     omissions of such pilot constitute gross negligence or 
     willful misconduct.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     23 of title 46, United States Code, is amended by adding at 
     the end the following:

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

     SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON CHICAGO 
                   LAKEFRONT.

       (a) Assistance Authorized.--The Coast Guard may transfer 
     funds, appropriated by Public Law 107-87 for the construction 
     of a Coast Guard Marine Safety and Rescue Station in Chicago, 
     Illinois, to the City of Chicago to pay the Federal share of 
     the cost of a project to demolish the Old Coast Guard 
     Station, located at the north end of the inner Chicago Harbor 
     breakwater at the foot of Randolph Street, and to plan, 
     engineer, design, and construct a new facility at that site 
     for use as a marine safety station on the Chicago lakefront.
       (b) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of a 
     project carried out with assistance under this section may 
     not exceed one-third of the total cost of the project or 
     $2,000,000, whichever is less.
       (2) Non-federal share.--There shall not be applied to the 
     non-Federal share of a project carried out with assistance 
     under this section--
       (A) the value of land and existing facilities used for the 
     project; and
       (B) any costs incurred for site work performed before the 
     date of the enactment of this Act, including costs for 
     reconstruction of the east breakwater wall and associated 
     utilities.

     SEC. 433. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND 
                   ASSOCIATED EQUIPMENT RECALLS.

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

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

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

     SEC. 435. VESSEL GLOBAL EXPLORER.

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

     SEC. 436. ALEUTIAN TRADE.

       (a) Loadlines.--Section 5102(b)(5)(B)(ii) of title 46, 
     United States Code, is amended by inserting ``is not'' after 
     ``(ii)''.
       (b) Implementation.--Except as provided in subsection (c), 
     a fish tender vessel that before January 1, 2003, transported 
     cargo (not including fishery related products) in the 
     Aleutian trade is subject to chapter 51 of title 46, United 
     States Code (as amended by subsection (a) of this section).
       (c) Exception.--
       (1) In general.--Before December 31, 2006, the BOWFIN 
     (United States official number 604231) is exempt from chapter 
     51 of title 46, United States Code (as amended by subsection 
     (a) of this section) when engaged in the Aleutian trade, if 
     the vessel does not undergo a major conversion.
       (2) Ensuring safety.--Before the date referred to in 
     paragraph (1), a Coast Guard official who has reason to 
     believe that the vessel referred to in paragraph (1) 
     operating under this subsection is in a condition or is 
     operated in a manner that creates an immediate threat to life 
     or the environment or is operated in a manner that is 
     inconsistent with section 3302 of title 46, United States 
     Code, may direct the master or individual in charge to take 
     immediate and reasonable steps to safeguard life and the 
     environment, including directing the vessel to a port or 
     other refuge.

     SEC. 437. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY 
                   REVISION.

       (a) Transfer.--As soon as practicable after the date of 
     enactment of this Act, the Administrator of General Services 
     may transfer to the Secretary, without consideration, 
     administrative jurisdiction over, and management of, the 
     public land.
       (b) Boundary Revision.--The boundary of the Lakeshore is 
     revised to include the public land transferred under 
     subsection (a).
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Administration.--The Secretary may administer the 
     public land transferred under section (a)--
       (1) as part of the Lakeshore; and
       (2) in accordance with applicable laws (including 
     regulations).
       (e) Access to Aids to Navigation.--The Secretary of 
     Transportation, in consultation with the Secretary, may 
     access the front and rear range lights on the public land for 
     the purposes of servicing, operating, maintaining, and 
     repairing those lights.
       (f) Definitions.--In this section:
       (1) Lakeshore.--The term ``Lakeshore'' means the Pictured 
     Rocks National Lakeshore in the State of Michigan.
       (2) Map.--The term ``map'' means the map entitled 
     ``Proposed Addition to Pictured Rocks National Lakeshore'', 
     numbered 625/80048, and dated April 2002.
       (3) Public land.--The term ``public land'' means the 
     approximately .32 acres of United States Coast Guard land and 
     improvements to the land, including the United States Coast 
     Guard Auxiliary Operations Station and the front and rear 
     range lights, as depicted on the map.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $225,000 to restore, 
     preserve, and maintain the public land transferred under 
     subsection (a).

     SEC. 438. LORAN-C.

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

     SEC. 439. AUTHORIZATION OF PAYMENT.

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

     SEC. 440. REPORT ON OIL SPILL RESPONDER IMMUNITY.

       (a) Report to Congress.--Not later than January 1, 2004, 
     the Secretary of the department in which the Coast Guard is 
     operating, jointly with the Secretary of Commerce and the 
     Secretary of the Interior, and after consultation with the 
     Administrator of the Environmental Protection Agency and the 
     Attorney General, shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on the immunity from criminal and civil 
     penalties provided under existing law of a private

[[Page H8580]]

     responder (other than a responsible party) in the case of the 
     incidental take of federally listed fish or wildlife that 
     results from, but is not the purpose of, carrying out an 
     otherwise lawful activity conducted by that responder during 
     an oil spill removal activity where the responder was 
     acting in a manner consistent with the National 
     Contingency Plan or as otherwise directed by the Federal 
     On-Scene Coordinator for the spill, and on the 
     circumstances under which such penalties have been or 
     could be imposed on a private responder. The report shall 
     take into consideration the procedures under the Inter-
     Agency Memorandum for addressing incidental takes.
       (b) Definitions.--In this section--
       (1) the term ``Federal On-Scene Coordinator'' has the 
     meaning given that term in section 311 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321);
       (2) the term ``incidental take'' has the meaning given that 
     term in the Inter-Agency Memorandum;
       (3) the term ``Inter-Agency Memorandum'' means the Inter-
     Agency Memorandum of Agreement Regarding Oil Spill Planning 
     and Response Activities under the Federal Water Pollution 
     Control Act's National Oil and Hazardous Substances Pollution 
     Contingency Plan and the Endangered Species Act, effective on 
     July 22, 2001;
       (4) the terms ``National Contingency Plan'', ``removal'', 
     and ``responsible party'' have the meanings given those terms 
     under section 1001 of the Oil Pollution Act of 1990 (33 
     U.S.C. 2701); and
       (5) the term ``private responder'' means a nongovernmental 
     entity or individual that is carrying out an oil spill 
     removal activity at the direction of a Federal agency or a 
     responsible party.

     SEC. 441. FISHING AGREEMENTS.

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

     SEC. 442. ELECTRONIC PUBLISHING OF MARINE CASUALTY REPORTS.

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

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

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

     SEC. 444. SUSPENSION OF PAYMENT.

       (a) In General.--Title 14, United States Code, is amended 
     by inserting after section 424 the following:

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

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

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

     SEC. 445. PROHIBITION ON NAVIGATION FEES.

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

     SEC. 501. SHORT TITLE.

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

     SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

       Funds are authorized to be appropriated for fiscal year 
     2003 for necessary expenses of the Coast Guard as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $4,327,456,000, of which $25,000,000 is authorized to be 
     derived from the Oil Spill Liability Trust Fund to carry out 
     the purposes of section 1012(a)(5) of the Oil Pollution Act 
     of 1990.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $725,000,000, of which $20,000,000 is 
     authorized to be derived from the Oil Spill Liability Trust 
     Fund to carry out the purposes of section 1012(a)(5) of the 
     Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $22,000,000, to remain available until 
     expended, of which $3,500,000 is authorized to be derived 
     each fiscal year from the Oil Spill Liability Trust Fund to 
     carry out the purposes of section 1012(a)(5) of the Oil 
     Pollution Act of 1990.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $889,000,000.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $18,000,000, 
     to remain available until expended.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $17,000,000, to remain 
     available until expended.

     SEC. 503. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       (a) Active Duty Strength.--The Coast Guard is authorized an 
     end-of-year strength for active duty personnel of 45,500 as 
     of September 30, 2003.
       (b) Military Training Student Loads.--The Coast Guard is 
     authorized average military training student loads as 
     follows:
       (1) For recruit and special training for fiscal year 2003, 
     2,250 student years.
       (2) For flight training for fiscal year 2003, 125 student 
     years.
       (3) For professional training in military and civilian 
     institutions for fiscal year 2003, 300 student years.
       (4) For officer acquisition for fiscal year 2003, 1,150 
     student years.
       And the House agree to the same.

     From the Committee on Transportation and Infrastructure, for 
     consideration of the Senate bill and the House amendment, and 
     modifications committed to conference:
     Don Young,
     Howard Coble,
     Frank A. LoBiondo,
     Jim Oberstar,
     Corrine Brown,
     From the Committee on Ways and Means, for consideration of 
     secs. 112 and 115 of the Senate bill, and sec. 108 of the 
     House amendment, and modifications committed to conference:
     William Thomas,
     Phil Crane,
     Charles B. Rangel,
                                Managers on the Part of the House.


[[Page H8581]]


     Ernest F. Hollings,
     Daniel Inouye,
     John F. Kerry,
     John Breaux,
     Ron Wyden,
     Max Cleland,
     Barbara Boxer,
     John McCain,
     Ted Stevens,
     Trent Lott,
     Kay Bailey Hutchison,
     Olympia Snowe,
     Gordon Smith,
     Bob Graham,
     Chuck Grassley,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the Senate and the House at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the bill (S. 1214) to ensure the 
     security of maritime transportation in the United States 
     against acts of terrorism, and for other purposes, submit the 
     following joint statement to the Senate and the House in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:
       The House amendment struck all of the Senate bill after the 
     enacting clause and inserted a substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, the House amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     correction, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.


               SECTION 1. SHORT TITLE; TABLE OF CONTENTS

       Section 1 of the Senate bill states that the Act may be 
     cited as the ``Port and Maritime Security Act of 2001.''
       Section 1 of the House amendment states that the Act may be 
     cited as the ``Maritime Transportation Antiterrorism Act of 
     2002.''
       The Conference substitute states that the Act may be cited 
     as the ``Maritime Transportation Security Act of 2002.''

               Title I--Maritime Transportation Security


                         SECTION 101. FINDINGS

       Section 101 of the Senate bill states a number of 
     Congressional findings in regard to the Port and Maritime 
     Security Act of 2001.
       The House bill does not contain a comparable provision.
       The Conference substitute adopts the Senate provision with 
     an amendment.


                       SECTION 102. PORT SECURITY

     Senate bill
       Definitions
       Section 123 of the Senate bill contains various definitions 
     of terms in S. 1214.
       Initial security evaluations and port vulnerability 
           assessments
       Section 103 of the Senate bill requires the Secretary of 
     Transportation, after consultation with appropriate public 
     and private sector officials and organizations, to develop 
     standards and procedures for conducting initial security 
     evaluations and port vulnerability assessments.
       National maritime transportation security plan
       Section 203 of the Senate bill requires the Secretary of 
     Transportation to prepare and publish a National Maritime 
     Transportation Security Plan for prevention and response to 
     maritime crime and terrorism.
       Area maritime security committees and area maritime 
           security plans
       Section 204 of the Senate bill establishes Area Maritime 
     Security Plans.
       Maritime facility security plans
       Section 105 of the Senate bill requires the Secretary of 
     Transportation, after consultation with the Secretary of the 
     Treasury and the Attorney General, to issue regulations 
     establishing requirements for the submission of a Maritime 
     Facility Security Plan by each port authority, waterfront 
     facility operator, or operator of a public or commercial 
     structure located within a marine environment.
       Vessel security plans
       Section 205 of the Senate bill authorizes the Secretary of 
     Transportation to issue regulations establishing requirements 
     for vessel security plan and programs for vessels calling on 
     United States ports.
       Protection of security-related information
       Section 206 of the Senate bill prohibits the security plan 
     information developed under this Act from disclosure.
       Employment investigations and restrictions for security-
           sensitive positions
       Section 106 of the Senate bill requires the Secretary of 
     Transportation to control access to areas in the Maritime 
     Facility Security Plan for each waterfront facility and to 
     limit access to security-sensitive information. The 
     regulations may also require employment history and criminal 
     background checks for individuals with unrestricted access to 
     controlled areas or sensitive information.
       Maritime safety and security teams
       Section 117 of the Senate bill requires the Secretary of 
     Transportation to establish Maritime Safety and Security 
     Teams to safeguard the public and protect vessels, harbors, 
     ports, and other waterfront facilities.
       Port security infrastructure improvement
       Section 111 of the Senate bill amends the Merchant Marine 
     Act of 1936 to provide loan guarantees and grants for port 
     security infrastructure improvements.
       Research and development for crime and terrorism prevention 
           and detection technology
       Section 118 of the Senate bill requires the Secretary of 
     Transportation to establish a grant program to fund eligible 
     projects for the development, testing, and transfer of 
     technology to enhance security at United States ports.
       International port security
       Section 108 of the Senate bill gives the Secretary of 
     Transportation additional authority to address security risks 
     arising from foreign ports, such as enhanced enforcement 
     against vessels arriving from these ports, travel advisories 
     for passengers, suspension of the right of a United States 
     vessel to enter these ports, and authority to assist foreign 
     port authorities to maintain an appropriate level of 
     security.
       Enhanced crewmember identification
       Section 208 of the Senate bill authorizes the Secretary of 
     Transportation, in consultation with the Attorney General, to 
     require crewmembers aboard vessels calling on the United 
     States ports to carry and present upon demand such 
     identification as the Secretary determines.
       National maritime security advisory committee
       Section 102 of the Senate bill amends the Ports and 
     Waterways Safety Act to require the Secretary of 
     Transportation to establish a National Maritime Advisory 
     Committee.
       Area maritime security committees and area maritime 
           security plans
       Section 204 of the Senate bill requires the Secretary of 
     Transportation to establish Area Maritime Security Committees 
     comprised of members appointed by the Secretary.
       Establishment of local port security committees
       Section 104 of the Senate bill requires the Secretary of 
     Transportation to establish local port security committees at 
     each U.S. seaport.
       Maritime domain awareness
       Section 107 of the Senate bill directs the Secretary of 
     Transportation to conduct a study on ways to enhance Maritime 
     Domain Awareness through improved collection and coordination 
     of maritime intelligence.
     House amendment
       Section 101 of the House amendment creates a new subtitle 
     VI of title 46, United States Code, to establish a 
     comprehensive national system of antiterrorism security 
     enhancements. Chapter 701 of this subtitle contains 
     provisions related to port security.
       Definitions
       New Section 70101 of chapter 701 provides the definition of 
     seven terms used throughout the new chapter.
       United States facility vulnerability assessments
       Section 70102 requires the Secretary of Transportation to 
     conduct port vulnerability assessments for U.S. ports, 
     including an assessment of the vulnerability of each facility 
     in a port, at which there is a risk of a catastrophic 
     emergency.
       Catastrophic emergency planning
       Section 70103 establishes the national maritime 
     transportation antiterrorism planning system. The Secretary 
     is required to prepare a National Maritime Transportation 
     Antiterrorism Plan to assign the duties and responsibilities 
     of the various Federal, state, and local governmental 
     agencies. Area Maritime Transportation Antiterrorism Plans 
     are developed by Federal maritime antiterrorism coordinators, 
     who are Coast Guard officials designated in the National 
     Plan, in consultation with local harbor safety advisory 
     committees. Vessel and facility antiterrorism plans must be 
     developed by owners and operators of vessels and facilities 
     that the Secretary believes may be involved in a catastrophic 
     emergency.
       Antiterrorism response
       Section 70104 of chapter 701 requires the Secretary of 
     Transportation to cooperate with the Director of Federal 
     Emergency Management Agency (FEMA) to coordinate maritime 
     terrorism response actions.
       Transportation security cards
       Section 70105 establishes a national standard for issuance 
     of biometric transportation security cards whose purpose is 
     to control access to secure terminal areas to only authorized 
     personnel. The Secretary is required to issue an individual a 
     transportation security card unless the Secretary decides 
     that the individual poses a terrorism security risk to the 
     United States warranting denial of the card.
       Maritime antiterrorism teams
       Section 70106 establishes Coast Guard maritime 
     antiterrorism teams to protect vessels, ports, facilities, 
     and cargo on United States' waters.
       Grants
       Section 70107 allows the Under Secretary of Transportation 
     for Security to provide financial assistance for enhanced 
     facility security to implement a maritime antiterrorism plan 
     approved by the Coast Guard or an interim measure required by 
     the Coast Guard.
       Foreign port assessment
       Section 70108 requires the Secretary to assess the 
     effectiveness of the antiterrorism

[[Page H8582]]

     measures maintained at all foreign ports from which vessels 
     depart on a voyage to the United States or which pose a high 
     risk of terrorism to the United States.
       Notifying foreign authorities
       Section 70109 of chapter 701 requires the Secretary, after 
     conducting a foreign port assessment, to contact the foreign 
     government if he finds that a port in that foreign country 
     does not maintain effective antiterrorism measures.
       Actions when foreign ports not maintaining effective 
           antiterrorism measures
       If the Secretary finds that a foreign port does not 
     maintain effective antiterrorism measures, section 70110 
     allows him to prescribe conditions of entry into the United 
     States for any vessel arriving from that port. The Secretary 
     may also deny entry into the United States to any vessel that 
     does not meet these conditions.
       Crew and passenger manifests
       Section 70111 requires that the operators of commercial 
     vessels arriving in the United States from a foreign port 
     provide the Under Secretary of Transportation for Security 
     with a passenger and crew manifest.
       Automatic identification system
       Section 107 of the House amendment establishes a phase in 
     schedule for most commercial vessels to be equipped with a 
     position-indicating transponder and an appropriate situation 
     display for accessing the information made available by the 
     transponder system.
       Civil penalty
       Section 70112 establishes a civil penalty of not more than 
     $25,000 for each violation of this new chapter.
     Conference substitute
       Section 102 of the Conference substitute creates a new 
     subtitle VI of title 46, United States Code, to establish a 
     comprehensive national system of transportation security 
     enhancements. Chapter 701 of this subtitle contains 
     provisions related to port security.
       Definitions
       New section 70101 provides definitions for six terms to be 
     used in new chapter 701. The term ``Secretary'' is defined as 
     the Secretary of the department of which the Coast Guard is 
     operating. The term ``transportation security incident'' is 
     defined as a security incident resulting in a significant 
     loss of life, environmental damage, transportation system 
     disruption, or economic disruption.
       United States facility and vessel vulnerability assessments
       Section 70102 requires the Secretary to conduct initial 
     assessments of vessel types and facilities, located on or 
     adjacent to the waters subject to the jurisdiction of the 
     U.S., and to identify which of these vessels or facilities 
     pose a high risk of being involved in a transportation 
     security incident. Based on the information gathered in the 
     initial assessments, the Secretary is required to conduct a 
     detailed vulnerability assessment for facilities and vessels 
     that may be involved in a transportation security incident. 
     The Secretary may also accept an alternative assessment 
     prepared by or on behalf of a vessel or facility owner or 
     operator if that assessment satisfies certain criteria.
       Maritime transportation security plans
       Section 70103 of new chapter 701 requires the Secretary to 
     establish the National Maritime Transportation Security Plan 
     for deterring and responding to a transportation security 
     incident. The National Maritime Transportation Security Plan 
     must include a risked-based system for evaluating the 
     potential threat to security zones designated by the 
     Secretary on the waters subject to the jurisdiction of the 
     U.S. Each Federal Maritime Security Coordinator, after 
     soliciting advice from the Area Security Advisory Committee, 
     is required to submit to the Secretary an Area Maritime 
     Transportation Security Plan for each individual area 
     established under the National Maritime Transportation 
     Security Plan. Finally, section 70103 requires owners and 
     operators of vessels and facilities, which the Secretary 
     believes may be involved in a transportation security 
     incident, to develop vessel and facility security plans. 
     Section 70103(c)(3)(D) regarding antiterrorism measures is 
     not intended to require vessel operators to contract in 
     advance or otherwise arrange for antiterrorism response 
     resources. The Conferees consider antiterrorism response the 
     responsibility of local, state and Federal law enforcement 
     agencies.
       The Conferees urge the Secretary to review and approve the 
     vessel and facility security plans in a timely manner. Vessel 
     and facility owners should not be required to cease their 
     operations due to the failure of the Secretary to approve 
     their vessel or facility transportation security plans in a 
     reasonable time period.
       Nothing in new section 70103(d) should prevent the 
     Secretary from making the facility security plans, vessels 
     security plans, and port vulnerability assessments available 
     to the owners or operators of the vessel or facilities that 
     are the subject of the plans or assessments.
       Transportation security incident response
       Section 70104 requires the Secretary to establish a system 
     of security incident response plans developed for vessels and 
     facilities that may be involved in a transportation security 
     incident. Tank vessels are currently required under the Oil 
     Pollution Act of 1990 to have oil spills response plans. The 
     Secretary may allow these plans to be used to address oil 
     spilled from vessels involved in a transportation security 
     incident. Similarly, some states, such as Alaska, Washington, 
     Oregon, and California, require non-tank vessels to have oil 
     spill response plans. The Secretary may also allow these 
     state approved plans to be used to address oil spilled from 
     these non-tank vessels involved in a transportation security 
     incident.
       Transportation security cards
       Section 70105 establishes a national standard for issuance 
     of transportation security cards whose purpose is to control 
     access to ensure terminal areas to only authorized personnel.
       The Conferees expect the Secretary to take appropriate 
     action to ensure that transportation security cards are 
     processed in an expeditious manner in order to prevent undue 
     disruptions at our nation's ports. In particular, the 
     Conferees are aware of the concerns raised by the operators 
     of towing vessels, particularly those operating on the inland 
     waterways of the United States, about the potential for delay 
     in the issuance of transportation security cards. Any undue 
     delay by the Secretary in processing applications and issuing 
     the required cards upon approval could severely impact the 
     ability of vessel owners to crew vessels and could severely 
     disrupt operating schedules.
       In an effort to prevent disruptions to port and maritime 
     operations, the Conference agreement includes statutory 
     language to provide flexibility to the Secretary in 
     administering the transportation security card program to 
     take into account the unique circumstances and risks 
     presented by particular segments of the transportation 
     industry. The Conferees encourage the Secretary to work with 
     all affected parties, including the inland and coastal tug, 
     towboat, and barge industry, to ensure timely processing of 
     applications and to address those cases where the Secretary 
     is unable to issue a transportation security card within 
     seventy-two hours of receipt of the application.
       Maritime safety and security teams
       Section 70106 establishes Coast Guard maritime safety and 
     security teams to protect vessels, ports, facilities, and 
     cargo on United States' waters. The Conferees believe that 
     Coast Guard vessels used by the maritime safety and security 
     teams should be sized and comprised of hull materials 
     tailored to enhance the performance for the varying roles of 
     maritime security. The hull material and shape should fit the 
     specific mission requirements. No hull composition should be 
     excluded without an independent analysis. Maritime safety and 
     security team vessels must be able to intercept suspect boats 
     before they threaten America's ports and waterways.
       Grants
       Section 70107 provides financial assistance for enhanced 
     security to implement facility or area maritime security 
     plans approved by the Coast Guard or an interim security 
     measure required by the Coast Guard.
       The Conferees believe that water-based security barriers or 
     caissons should be eligible for Federal financial assistance 
     for vessel and facility security upgrades authorized under 
     section 70107.
       This section authorizes matching grants for various types 
     of security upgrades at U.S. ports and U.S. maritime areas 
     including reimbursements for security enhancements that have 
     corrected security vulnerabilities since September 11, 2001, 
     that are consistent with their Area Maritime Transportation 
     Security Plans and facility security plans.
       The economies and quality of life in Alaska and Hawaii are 
     directly related to the functionality and operability of 
     their ports. These states are reliant on maritime 
     transportation and are lacking readily available or 
     economically comparable alternative modes for transporting 
     general commodities. The Conferees encourage the Secretary to 
     give consideration to these features.
       This section also provides $15 million for each of fiscal 
     years 2003 through 2008 for research and development grants 
     for port security.
       The Center for Commercial Deployment of Transportation 
     Technologies program is sponsored by the U.S. Maritime 
     Administration and the U.S. Department of Defense under a 
     cooperative agreement with the California State University 
     Long Beach. The program involves the development of dual use 
     transportation and transformational technologies and can help 
     secure the international intermodal transportation system. 
     The Conferees encourage the Secretary of Transportation and 
     the Secretary of Defense to obligate any current and prior 
     year appropriations under the continuing cooperative 
     agreement with minimal administrative surcharge.
       This section also provides reporting requirements that 
     would mandate proposed levels of funding to ensure compliance 
     with security plans. The reports would be required annually 
     to assess overall levels of security.
       Foreign port assessment
       New section 70108 of title 46 requires the Secretary to 
     assess the effectiveness of the antiterrorism measures 
     maintained at a foreign port from which vessels depart on a 
     voyage to the United States or which poses a high risk of 
     introducing terrorism to international maritime commerce.
       Notifying foreign authorities
       Section 70109 requires the Secretary, after conducting a 
     foreign port assessment, to

[[Page H8583]]

     contact the foreign government if he finds that a port in 
     that foreign country does not maintain effective 
     antiterrorism measures. Section 70109(b) requires the 
     Secretary to make available a port security training program 
     for ports in foreign counties that are found under section 
     70108 to lack adequate security measures. Inter-American Port 
     Security Training Program (IAPSTP) is administered by the 
     U.S. Maritime Administration under the authority of the U.S. 
     Department of State. Currently, the program works with the 
     Organization of American States to transfer technical 
     information and security expertise related to port security 
     and to develop cooperative regional efforts among the public 
     and private sector that protect the flow of international 
     maritime trade. The program also works with member nations to 
     develop recommendations pertaining to strategic regional 
     approaches to seaport crime, international port and cargo 
     security standards, and other multilateral cooperative 
     endeavors. The Conferees believe that expanding IAPSTP to 
     include nations that lack adequate port security measures 
     will help increase worldwide understanding of maritime and 
     port security. Expansion of the program to other nations can 
     lead to increased multilateral approaches to improving port 
     and cargo security.
       Actions when foreign ports not maintaining effective 
           antiterrorism measures
       If the Secretary finds that a foreign port does not 
     maintain effective antiterrorism measures, section 70110 
     allows him to prescribe conditions of entry into the United 
     States for any vessel arriving from that port. The Secretary 
     may also deny entry into the United States to any vessel that 
     does not meet these conditions.
       Enhanced crew member identification
       Section 70111 requires crew members on vessels calling at 
     U.S. ports to carry and present on demand any identification 
     that the Secretary decides is necessary.
       Maritime security advisory committees
       Section 70112 requires the Secretary to establish a 
     National Maritime Security Advisory Committee and Area 
     Maritime Security Advisory Committees for any port area of 
     the United States. The Committees may advise, consult, and 
     make recommendations to the Secretary on ways to enhance 
     security and safety at U.S. seaports.
       Maritime intelligence
       Section 70113 requires the Secretary to implement a system 
     to collect, integrate, and analyze information concerning 
     vessels operating in waters subject to the jurisdiction of 
     the U.S. The Secretary may collect information from public 
     and private entities to the extent that the information is 
     not provided by other Federal departments and agencies.
       The Conferees want to emphasize the importance of 
     establishing a risk-based system for evaluating the potential 
     threat of vessels entering the U.S. A majority of the 
     domestic and international vessels entering U.S. ports are 
     not subject to any screening procedures. This lack of 
     physical screening increases the risk of terrorist activities 
     in U.S. ports and the need to develop a system which can 
     identify and assess the vessels that pose the greatest threat 
     to U.S. national security. The Conferees are aware that a 
     terrorism risk profiling system has been developed that 
     assigns incoming vessels a risk rating. This rating is based 
     on an integrated data analysis that links vessel 
     characteristics and ownership details to political and 
     strategic information related to international terrorism. A 
     vessel screening system which provides shipping intelligence 
     and analysis can be utilized to identify those vessels 
     requiring close inspection by the Coast Guard and other 
     agencies. We urge the Coast Guard and port authorities to 
     include vessel risk profiling in their enhanced security 
     procedures.
       The Conferees are concerned about the lack of coordination 
     between Federal agencies that collect and analyze 
     intelligence data and urge the various Federal agencies 
     involved in port security to work together to assure that 
     American ports are protected from a terrorist threat.
       The Conferees also note that section 108 of this Act 
     requires the sharing of cargo information and urge that cargo 
     information be integrated into any screening system 
     implemented.
       Automatic identification systems
       Section 70114 requires that certain vessels be equipped 
     with and operate an automatic identification system (AIS) 
     under regulations prescribed by the Secretary. The AIS 
     includes a position indicating transponder and an electronic 
     charting or situation display for accessing the information 
     made available by the transponder system. This will allow a 
     vessel operator to more easily identify the position and 
     hearing of their vessel and other vessels navigating in the 
     area. It will also allow shore-based Coast Guard facilities 
     to more easily monitor the location and heading of vessels in 
     their area.
       Long-range vessel tracking system
       Section 70115 authorizes the Secretary to develop and 
     implement a long-range automated secure vessel tracking 
     system for all vessels on voyages in U.S. waters that are 
     equipped with the Global Maritime Distress and Safety System 
     or equivalent satellite technology. The Secretary may use 
     existing maritime organizations to collect and monitor 
     tracking information under the system.
       Secure systems of transportation
       Section 70116 requires the Secretary, in consultation with 
     the Transportation Security Oversight Board, to establish a 
     program to evaluate and certify secure systems of 
     international intermodal transportation.
       In establishing secure systems of transportation standards, 
     the Conferees encourage the Secretary to consider the 
     possible role of third party experts who meet regulatory 
     requirements to be established by the Secretary of 
     Transportation to perform pre-loading security audits at the 
     load site of the exporter.
       Civil penalty
       Section 70117 establishes a civil penalty of not more than 
     $25,000 for each violation of this new chapter.


           section 103. international seafarer identification

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       Section 103 of the Conference substitute encourages the 
     Secretary of the Department in which the Coast Guard is 
     operating to undertake negotiations on an international 
     agreement that provides for an international system for 
     identifying seafarers. If the Secretary is unable to 
     negotiate this agreement within 24 months, he is required to 
     submit to Congress a draft of legislation which would 
     establish a system for identifying seafarers.


             section 104. extension of seaward jurisdiction

       Section 119 of the Senate bill extends the territorial 
     jurisdiction of the United States from 3 miles off the shore, 
     to 12 miles. This extension of jurisdiction is 
     consistent with Presidential Proclamation 5928 of December 
     27, 1988, and is also consistent with the Law of the Sea. 
     The section also creates civil penalties for violating 
     this Act not to exceed $25,000 for each violation.
       Section 103 of the House amendment is very similar to the 
     Senate provision.
       The Conference substitute adopts the House amendment.
       To better protect our ports and waterways and effectively 
     counter the threat posed by maritime terrorism, the United 
     States must be able to exercise broad powers in the maritime 
     environment. International law, both conventional and 
     customary, provides coastal States with broad security powers 
     in the maritime environment. Both the Convention on the 
     Territorial Sea and Contiguous Zone, 1958 (TSC), to which the 
     United States is a party, and the 1982 United Nations 
     Convention on the Law of the Sea (LOS), clearly recognize 
     coastal States' sovereignty in their territorial sea. Article 
     14(4) of the TSC states that innocent passage ``shall take 
     place in conformity with these articles and with other rules 
     of international law.'' The ``other rules of international 
     law'' include customary international law. The United States, 
     although not a party to the 1982 United Nations Convention on 
     the Law of the Sea (LOS), has consistently maintained that 
     specific provisions, including Article 21, represent 
     customary international law. Therefore, the Conferees note 
     that Section 33 USC 1223(d) of the Ports and Waterways Safety 
     Act (33 U.S.C. 1221, et seq.) (PWSA), which limits 
     application of the PWSA with respect to foreign vessels in 
     innocent passage to actions authorized by ``international 
     treaty, convention or agreement, to which the United States 
     is a party'', also allows for such actions to be taken under 
     PWSA which are consistent with customary international law.


    section 105. suspension of limitation on strength of coast guard

       Section 120 of the Senate bill suspends the effectiveness 
     of any end-strength and grade distribution for the Coast 
     Guard for any fiscal year that there is in effect a 
     declaration of war or national emergency, for a period not to 
     exceed six months after the end of the war or national 
     emergency.
       Section 104 of the House amendment is identical to the 
     Senate bill.
       The Conference substitute adopts the Senate provision.


    section 106. extension of the deepwater port act to natural gas

       Section 201 of the Senate bill allows natural gas to be 
     included in the Deepwater Port Act which establishes a system 
     for permitting and licensing deepwater terminals. Currently, 
     only oil facilities are included in this Federal law.
       Section 105 of the House amendment includes the identical 
     provision of the Senate bill with several additional 
     subsections. These technical provisions ensure the proper 
     application and administration of the Deepwater Port Act to 
     offshore natural gas facilities and enable the timely 
     development of offshore natural gas facilities.
       The Conference substitute adopts the House provisions along 
     with an amendment which includes an expanded definition of a 
     deepwater port for natural gas and clarifies the scope of 
     application of the Deepwater Port Act.
       The Deepwater Port Act, as enacted in 1974, established a 
     system for permitting and licensing deepwater terminals for 
     the handling and transfer of oil in water beyond the 
     territorial limits of the U.S. The Deepwater Port 
     Modernization Act, enacted in 1996, streamlined the 
     regulation of these facilities, repealed the previous 
     limitation on uses of a deepwater port, and authorized uses 
     not inconsistent with the purposes of the Act. Under the 
     current law and applicable regulations, an existing deepwater 
     port may be authorized to transport commodities other

[[Page H8584]]

     than oil, including natural gas, upon the approval of any 
     necessary amendments to its operations manual. Section 106 of 
     the Conference substitute allows a deepwater port to be 
     licensed for purposes of natural gas importation, storage and 
     handling, regardless of whether the port is also used for the 
     transportation of crude oil.
       The Conferees do not intend these amendments to the 
     Deepwater Port Act of 1974 to apply to the production or 
     gathering of oil or natural gas from the Continental Shelf or 
     facilities used exclusively in the production or gathering of 
     oil or natural gas from the Continental Shelf.


 section 107. assignment of coast guard personnel as sea marshals and 
                enhanced use of other security personnel

       Section 202 of the Senate bill amends the Ports and 
     Waterways Safety Act to allow the dispatch of properly 
     trained and qualified armed Coast Guard personnel on 
     facilities and vessels to deter or respond to acts of 
     terrorism. This provision also requires the owner and 
     operator of a commercial structure or a vessel to provide the 
     appropriate level of security, as necessary, including armed 
     security. The bill further requires that the Secretary of 
     Transportation issue a report on the use of non-Coast Guard 
     personnel as sea marshals.
       Section 106 of the House amendment is similar to the Senate 
     provision except that the House provision does not include 
     the requirement for private facility and vessel security.
       The Conference substitute amends the Ports and Waterways 
     Safety Act to allow for the dispatch of properly trained and 
     qualified armed Coast Guard personnel on facilities and 
     vessels to deter or respond to acts of terrorism or 
     transportation security incidents. The substitute also 
     requires that the Secretary of the department in which 
     the Coast Guard is operating to report to Congress on the 
     use of non-Coast Guard personnel as sea marshals.


section 108. technical amendments concerning the transmittal of certain 
                   information to the customs service

       Section 115 of the Senate bill amends the Tariff Act of 
     1930 to require a carrier, including a non-vessel owning 
     common carrier, to provide by electronic transmission cargo 
     manifest information in advance of port entry or clearance. 
     The section outlines the cargo and route information that 
     must be transmitted. The section also prohibits the export of 
     cargo unless properly documented and prevents a marine 
     terminal operator from loading any cargo that is not 
     documented.
       Section 108 of the House amendment amends the Tariff Act of 
     1930 to require that each land, air, or vessel carrier, which 
     enters the U.S., provide by electronic transmission cargo 
     information in advance of entry in such manner, time, and 
     form as prescribed under regulations by the Secretary of the 
     Treasury. The Secretary of the Treasury is also required to 
     provide this advance cargo information to any appropriate 
     Federal agency.
       The Conference substitute contains amendments to section 
     431A of the Tariff Act of 1930, as added by section 343(b) of 
     the Trade Act of 2002, Public Law 107-210, including a 
     requirement that the Secretary of the Treasury provide the 
     appropriate Federal departments and agencies with cargo 
     information obtained pursuant to this section. The Conference 
     substitute also amends section 343(a) of Public Law 107-210.


          section 109. maritime security professional training

       Section 110 of the Senate bill requires the Secretary of 
     Transportation to develop standards and a curriculum to allow 
     for the training and certification of maritime security 
     professionals. The section further authorizes the Secretary 
     to make training opportunities available to any law 
     enforcement or maritime security personnel in the United 
     States.
       Section 101 of the House bill authorizes $4 million for 
     each of fiscal years 2003, 2004, and 2005 to be used for 
     maritime security training grants. These grants must be used 
     by these educational institutions for the development and 
     implementation of a comprehensive port and maritime security 
     education program.
       The Conference substitute adopts the Senate provision with 
     an amendment to authorize $5.5 million for each of fiscal 
     years 2003 through 2008 for maritime training.
       The Conferees believe that proper training is an essential 
     element of any effective strategy to combat terrorism and 
     enhance the security of our Nation's ports and waterways. 
     Effective training requires both undergraduate and 
     professional level training curriculums. An essential element 
     of undergraduate studies is to ensure that licensed maritime 
     professionals have a full understanding of security 
     procedures, principles, and methods along with a thorough 
     grasp of intermodal transportation and logistics 
     requirements. These trained individuals will be the first 
     line of defense against a waterborne security threat. This 
     training should also produce maritime professionals who will 
     be able to implement methods of tracking an identification of 
     containerized cargo that could potentially threaten the 
     security of our country.
       Effective professional level training curriculum involves 
     two elements. The first is advanced and refresher training of 
     licensed maritime and other transportation professionals in 
     port and transportation security. The second element is to 
     provide security and law enforcement professionals, charged 
     with port security responsibilities, with the necessary 
     background in methods and operation of a safe and efficient 
     intermodal transportation system.


                    section 110. additional reports

       Section 121 of the Senate bill requires the Secretary of 
     Transportation to report to Congress on the need for 
     additional security measures to protect the flow of commerce, 
     on the status of port security, and on the steps taken to 
     improve port security. This section would also require the 
     Secretary of Transportation to report on the development of 
     maritime security training programs established under the 
     Senate passed bill. Finally, the section would require the 
     Commissioner of the U.S. Customs Service to report to 
     Congress on the expenditure of funds to improve cargo 
     screening.
       The House amendment contains no comparable provision.
       The Conference substitute adopts the Senate provision with 
     an amendment.


                   section 111. performance standards

       Section 207 of Senate bill requires the Secretary of 
     Transportation and the Secretary of the Treasury to establish 
     a joint task force to work with ocean shippers in the 
     development of a system to track data for shipments, 
     containers, and contents.
       By not later that June 30, 2003, section 101 of the House 
     amendment requires the Under Secretary of Transportation for 
     Security, in consultation with the Transportation Security 
     Oversight Board, to develop and maintain an antiterrorism 
     cargo identification, tracking, and screening system for 
     containerized cargo shipped to and from the United States. 
     This section also requires the Under Secretary to develop 
     performance standards to enhance the physical security of 
     shipping containers, including standards for seals and locks 
     as well as systems to detect any tampering or breaking of the 
     seal or container integrity.
       The Conference substitute adopts the House provision with 
     an amendment which substitutes the Under Secretary of 
     Transportation with the Secretary of the Department in which 
     the U.S. Coast Guard is operating and extends the compliance 
     date to January 1, 2004.
       In seeking to provide the greatest protection for ports and 
     the communities that surround them against terrorist attacks, 
     the Conferees believe it is essential that the Federal 
     government and local port authorities be encouraged to use 
     state of the art technology as part of a comprehensive 
     approach to security. The Conferees also want to encourage 
     the private sector to continually advance state of the art 
     technology as a means of enhancing detection capabilities and 
     thus enhancing detection capabilities and thus enhancing 
     deterrence over time.
       The Conferees are interested in those projects that 
     incorporate technologies capable of automatically detecting 
     weapons of mass destruction, shielded nuclear material, 
     explosives, and chemical weapons in fully loaded cargo 
     containers without the need for humans to open and manually 
     inspect the containers. The Conferees understand that pulsed 
     fast neutron technology is capable of meeting this threshold. 
     The Conferees also hope that other technologies will be 
     identified and developed as part of the ongoing process of 
     advancing technology and ultimately enhancing port security.
       The Conferees also want to emphasize the importance of 
     using readily available and less costly off the shelf 
     technologies to protect transportation systems. These 
     previously developed and thoroughly tested technologies often 
     prove to be just as effective as unproven and expensive new 
     technologies without the years of waiting. Private companies 
     already provide the various levels of government with 
     automatic vehicle identification sensors, electronic seal 
     sensors, a chain of custody tracking system, entrance and 
     exit security control systems, and trusted traveler 
     identification and screening.
       In order to better respond to the security threat posed by 
     the high volume of international shipping containers entering 
     the U.S., the Conferees believe that the Secretary must, at a 
     minimum, obtain certain types of information on all cargos 
     and containers entering the country. While securing 
     information about the nature and ownership of the specific 
     cargo is vital, the Secretary is encouraged to collect 
     specific information on the individual containers aboard the 
     vessel. This information should include the owner and any 
     lease, lien, or security interest holder of the container 
     whenever this information is sufficient to affect the control 
     of the container.


              SECTION 112. REPORT ON FOREIGN-FLAG VESSELS

       Section 108(d) of the Senate bill requires the Secretary of 
     Transportation to report to Congress a list of all nations 
     whose flag vessels have entered the United States ports in 
     the previous year. The report must also contain a breakdown 
     of countries whose vessel registration or classification 
     procedures have been found by the Secretary to be 
     noncompliant with international classifications and whose 
     laws or regulations are not sufficient to allow tracking of 
     ownership registration histories of registered flag vessels.
       The House amendment contains no comparable provision.
       The Conference substitute adopts the Senate provision with 
     a technical amendment replacing the ``Secretary of 
     Transportation''

[[Page H8585]]

     with the Secretary of the department in which the Coast Guard 
     is operating.


         SECTION 113. REVISION OF PORT SECURITY PLANNING GUIDE

       Section 113 of the Senate bill directs the Secretary of 
     Transportation to publish a revised version of the document 
     ``Port Security: A National Planning Guide,'' within three 
     years after the enactment of the Senate passed bill and to 
     make the document available on the Internet.
       The House amendment contains no comparable provision.
       The Conference substitute adopts the Senate provision.

                 Title II--Maritime Policy Improvement


                        SECTION 201. SHORT TITLE

       The Senate bill contains no comparable provision.
       Section 201 of the House amendment states that this title 
     may be cited as the ``Maritime Policy Improvement Act of 
     2002.''
       The Conference substitute adopts the House provision.


                  SECTION 202. VESSEL COASTAL VENTURE

       The Senate bill contains no comparable provision.
       Section 202 of the House amendment amends section 1120(g) 
     of the Coast Guard Authorization Act of 1996 (Public Law 104-
     324) to deem the vessel COASTAL VENTURE to have been 
     constructed in the United States.
       The Conference substitute adopts the House provision.


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

       The Senate bill contains no comparable provision.
       Section 203 of the House amendment authorizes the Secretary 
     of Transportation to make a grant to the American Merchant 
     Marine Veterans Memorial Committee to construct an addition 
     to the American Merchant Marine Memorial Wall of Honor in San 
     Pedro, California.
       The Conference substitute adopts the House provision.


          section 204. discharge of agricultural cargo residue

       The Senate bill contains no comparable provision.
       Section 204 of the House amendment requires the discharge 
     from a vessel of any agricultural cargo residue material in 
     the form of hold washings to be governed exclusively under 
     the provisions of MARPOL Annex V (MARPOL V).
       The Conference substitute adopts the House provision.
       The substitute requires the discharge from a vessel of any 
     agricultural cargo residue material in the form of hold 
     washings to be governed exclusively under the provisions of 
     MARPOL Annex V (MARPOL V) as implemented by the Act to 
     Prevent Pollution from Ships (APPS) (section 1901 et seq., 
     title 33, United States Code). Agricultural cargo residue 
     material refers to residue from agricultural cargo carried in 
     bulk, such as corn, wheat, rice, soybeans, and grains, 
     routinely carried on ships.
       In 2000, the Coast Guard announced a plan to change its 
     enforcement policy to apply other laws to U.S. flag vessels 
     to regulate the discharge of agricultural cargo residue 
     material that has traditionally been governed by MARPOL V. 
     This proposed change would place an unwarranted burden on 
     U.S. flag bulk grain vessels which are required by 
     agriculture inspection rules to wash their cargo holds. This 
     is routinely done on the high seas, and based on industry 
     practices, it is not anticipated that the discharge of 
     agricultural cargo residue material will take place in marine 
     sanctuaries designated by the Secretary of Commerce pursuant 
     to section 1431 et seq., title 16, United States Code. The 
     discharge of agricultural cargo residue is consistent with 
     MARPOL V, and is not expected to have an adverse impact on 
     the marine environment. Section 204 is not intended in any 
     way to undermine other provisions of MARPOL V, as implemented 
     by APPS, which provides that when agricultural cargo residue 
     is mixed with other MARPOL regulated discharges having other 
     requirements, then the more stringent discharge requirements 
     apply.


         section 205. recording and discharging maritime liens

       The Senate bill contains no comparable provision.
       Section 205 of the House amendment would extend the 
     provisions of current law for preferred mortgages to a valid 
     lien against a vessel not covered by a preferred mortgage.
       The Conference substitute adopts the House provision with 
     an amendment.


                  section 206. tonnage of r/v davidson

       The Senate bill contains no comparable provision.
       Section 206 of the House amendment deems the research 
     vessel DAVIDSON to be less than 100 gross tons, for purposes 
     of applying the optional regulatory measurement under section 
     14305 of title 46, United States Code.
       The Conference substitute adopts the House provision with a 
     technical amendment.


        section 207. miscellaneous certificates of documentation

       The Senate bill contains no comparable provision.
       Section 207 of the house amendment waives certain coastwise 
     trade laws for individually listed vessels.
       The Conference substitute adopts the House provision with 
     an amendment.


                section 208. exemption for victory ships

       The Senate bill contains no comparable provision.
       Section 208 of the House amendment adds the vessels SS RED 
     OAK VICTORY and SS AMERICAN VICTORY to a list of three 
     vessels subject to section 3302(l) of title 46, United States 
     Code.
       The Conference substitute adopts the House provision with 
     an amendment. The amendment adds the vessel LST-325 to this 
     list of vessels.


        section 209. certificates of documentation for 3 barges

       The Senate bill contains no comparable provision.
       Section 209 of the House amendment waives the coastwise 
     trade laws of the United States for three barges as long as 
     these barges are only used in firework displays.
       The Conference substitute adopts the House provision with a 
     technical amendment


        section 210. certificate of documentation for the eagle

       The Senate bill contains no comparable provision.
       Section 210 of the House amendment waives certain U.S. 
     coastwise trade laws for the vessel EAGLE under certain 
     specific circumstances.
       The Conference substitute adopts the House provision with a 
     technical amendment.


      section 211. waiver for vessels in new world challenge race

       The Senate bill contains no comparable provision.
       Section 211 of the House amendment allows ten sailboats 
     participating in the New World Challenge Race to transport 
     non-paying guests, before and during stops of that race.
       The Conference substitute adopts the House provision.


                 section 212. vessel asphalt commander

       The Senate bill contains no comparable provision.
       Section 212 of the House amendment allows the owner of the 
     ASPHALT COMMANDER to place this U.S.-flag vessel under a 
     foreign registry.
       The Conference substitute adopts the House provision.


               section 213. coastwise trade authorization

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute allows certain foreign-built 
     launch barges to transport topside modules in the coastwise 
     trade of the United States.
       Under the current launch barge exemption provision in the 
     thirteenth proviso of section 27 of the Merchant Marine Act, 
     1920 (46 App. U.S.C. 883), certain large capacity foreign-
     built launch barges documented under U.S. law and built as of 
     June 7, 1988, may be used to transport platform jackets 
     between coastwise points in the United States if there are no 
     U.S.-built launch barges with adequate capacity available for 
     use in domestic trade. The Conference substitute (1) grants a 
     limited one-time waiver of the requirements of this launch 
     barge exemption provision, (2) clarifies that U.S.-built, 
     U.S. documented, U.S. citizen-owned vessels have priority 
     over foreign-built vessels to provide these services, and (3) 
     expands the term ``platform jacket'' to include certain 
     drilling rig components that, considered separately and not 
     as part of a bundle of two or more such components, also 
     require (subject to the priority for U.S.-qualified vessels) 
     large capacity launch barges for coastwise transportation. In 
     conjunction with the Conference substitute, the Maritime 
     Administration is encouraged to take appropriate measures to 
     assure that the requirements for coastwise transportation of 
     platform jackets and components are ascertained and made 
     known to qualified U.S. flag operators sufficiently in 
     advance to establish building programs and otherwise 
     determine the availability of qualified U.S. flag vessels.
       This is similar to a provision enacted in Section 601(b) of 
     the Coast Guard Authorization Act of 1993 (P.L. 103-206), to 
     permit the use of designated foreign-built, non-self-
     propelled, unmanned launch barges to transport platform 
     jackets from the Gulf Coast of the United States to complete 
     projects at specified hydrocarbon sites on the U.S. outer 
     continental shelf. All of the launch barges designated under 
     the Conference substitute were built as of June 7, 1988, as 
     required under current law by the launch barge exemption 
     provision, and there are currently no coastwise-qualified 
     vessels with adequate capacity to conduct the specified 
     operations. In the event that one or more launch barges built 
     in the United States are available to provide the service in 
     accordance with accepted engineer and reasonable scheduling 
     requirements, the Conference substitute makes clear that a 
     U.S.-built, coastwise-qualified launch barge must be used if 
     it has the capacity to transport and launch a particular 
     platform jacket involved in that project.


       section 214. jones act waiver for delayed vessel delivery

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.

[[Page H8586]]

       The Conference substitute temporarily authorizes the 
     Secretary to waive the coastwise laws of the United States 
     for not more than three foreign built self-propelled tank 
     vessels under certain circumstances related to the late 
     delivery from a United States shipyard of a coastwise 
     eligible self-propelled tank vessel. The Secretary must 
     determine that the parties to the contract are making a bona 
     fide effort to construct a self-propelled tank vessel in a 
     timely manner, the contract must be executed within 24 months 
     of the date of enactment of the Maritime Transportation 
     Security Act of 2002, the vessel for which the waiver is 
     granted must meet otherwise applicable requirements of law 
     regarding ownership and operation of vessels in the coastwise 
     trade, the shipyard must own a facility capable of 
     constructing the self-propelled tank vessel, the delay in 
     construction of delivery of the self-propelled tank vessel 
     from the shipyard must be due to unusual circumstances, and 
     the Secretary must determine that no other suitable coastwise 
     trade qualified tank vessels (including tank barges) are 
     reasonably available.
       In making the determination with respect to reasonable 
     availability, the Secretary shall include as such suitable 
     tank vessels, tank vessels available on a time charter or 
     voyage charter basis and tank vessels available on a less 
     than full capacity basis pursuant to a contract of 
     affreightment. The purpose of subsection (b)(6) is to ensure 
     that the Secretary canvasses the market for available vessels 
     not requiring a waiver prior to granting a waiver under this 
     section. This paragraph is also intended to ensure that the 
     Secretary shall include in reasonably available suitable tank 
     vessel capacity, vessels which may only be available in part 
     or which may not be available for sale or on a bareboat 
     charter basis. The Conferees do not intend the Secretary to 
     grant a waiver pursuant to this section to any person seeking 
     to circumvent the U.S.-build requirement or to avoid 
     contracting for available suitable tank vessel capacity 
     merely because, among other reasons, it will not be under 
     the requester's control or may be only available to such 
     requester at a higher rate than a re-flagged vessel.
       A waiver may not be granted to a self-propelled tank vessel 
     with substantially greater capacity than the vessel being 
     constructed. The waiver shall terminate on the earlier of: 
     (1) 48 months after the contract delivery date; (2) 60 days 
     after delivery of the vessel being constructed in the United 
     States shipyard; or (3) the date which the Secretary 
     determines that the delay in construction or delivery of the 
     vessel being constructed is no longer due to unusual 
     circumstances. Additionally, the Secretary may suspend the 
     waiver for any period during which a suitable coastwise trade 
     qualified tank vessels (including tank barges) becomes 
     reasonably available. The provision defines unusual 
     circumstances.


SECTION 215. REALIGNMENT OF POLICY RESPONSIBILITY IN THE DEPARTMENT OF 
                             TRANSPORTATION

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute eliminates the position of 
     Associate Deputy Secretary, Department of Transportation, and 
     creates the position of Under Secretary of Transportation for 
     Policy.

           Title III--Coast Guard Personnel and Marine Safety


                        SECTION 301. SHORT TITLE

       The Senate bill does not contain a comparable provision.
       Section 301 of the House amendment states that this title 
     may be cited as the ``Coast Guard Personnel and Maritime 
     Safety Act of 2002.''
       The Conference substitute adopts the House provision.

                    Subtitle A--Personnel Management


              SECTION 311. COAST GUARD BAND DIRECTOR RANK

       The Senate bill contain no comparable provision.
       Section 311 of the House amendment amends section 336(d) of 
     title 14, United States Code, to authorize the Coast Guard to 
     promote the Coast Guard Band Director from the rank of 
     Commander to the rank of Captain.
       The Conference substitute adopts the House provision.


          SECTION 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY

       The Senate bill contains no comparable provision.
       Section 312 of the House amendment amends section 511 of 
     title 14, United States Code, to allow the Secretary of 
     Transportation to grant compensatory absence from duty for 
     Coast Guard military personnel serving at isolated duty 
     stations of the Coast Guard.
       The Conference substitute adopts the House provision.


   SECTION 313. ACCELERATED PROMOTION OF CERTAIN COAST GUARD OFFICERS

       The Senate bill contains no comparable provision.
       Section 313 of the House amendment amends section 259, 
     260(a), and 271(a) of title 14, United States Code, to 
     authorize the Coast Guard to advance officers ahead of their 
     peers within a given promotion zone, without disadvantaging 
     other high performing officers.
       The Conference substitute adopts the House provision.

                       Subtitle B--Marine Safety


 SECTION 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-BRIDGE 
                           RADIOTELEPHONE ACT

       The Senate bill contains no comparable provision.
       Section 201 of the bill amends section 1203(b) of title 33, 
     United States Code, to require foreign-flag vessels to 
     monitor inter-ship radiotelephone frequencies when operating 
     within the U.S. territorial sea between three and twelve 
     miles offshore.
       The Conference substitute adopts the House provision.


      SECTION 322. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS

       The Senate bill contain no comparable provision.
       Section 322 of the House amendment maintains six reports 
     which were eliminated after the enactment of the Federal 
     Reports Elimination and Sunset Act of 1995.
       The Conference substitute adopts the House provision with 
     an amendment to terminate an annual report to Congress 
     regarding the Oil Spill Liability Trust Fund.


section 323. oil spill liability trust fund; emergency fund advancement 
                               authority

       The Senate bill contains no comparable provision.
       Section 323 of the House amendment amends the Oil Pollution 
     Act of 1990 to authorize the Coast Guard to borrow up to $100 
     million for additional emergency oil spill cleanup removal 
     from the Oil Spill Liability Trust Fund.
       The Conference substitute adopts the House provision with a 
     technical amendment.


        section 324. merchant mariner documentation requirements

       The Senate bill contains no comparable provision.
       Section 324 of the House amendment amends section 7302 of 
     title 46, United States Code, to authorize the Secretary of 
     Transportation to issue an interim merchant mariner's 
     document valid for a period not to exceed 120 days.
       The Conference substitute adopts the House provision.


 section 325. penalties for negligent operations and interfering with 
                             safe operation

       The Senate bill contains no comparable provision.
       Section 325 of the House amendment raises the maximum civil 
     penalty to $5,000 for the negligent operation of a 
     recreational vessel, or for interfering with the safe 
     operation of a recreational vessel. The penalty for the 
     negligent operation of any other vessel, or for interfering 
     with the safe operation of a commercial vessel, under this 
     amendment will be $25,000.
       The Conference substitute adopts the House provision.

                 Subtitle C--Renewal of Advisory Groups


   section 331. commercial fishing industry vessel advisory committee

       The Senate bill does not contain a comparable provision.
       Section 331 of the House amendment amends section 4508 of 
     title 46, U.S. Code, to authorize the Coast Guard to extend 
     the Commercial Fishing Industry Vessel Advisory Committee 
     from 2000 to 2005 and make technical changes.
       The Conference substitute adopts the House provision.


  section 332. houston-galveston navigation safety advisory committee

       The Senate bill does not contain a comparable provision.
       Section 332 of the House amendment amends section 18 of the 
     Coast Guard Authorization Act of 1991 (Public Law 102-241), 
     to authorize the Coast Guard to extend the Houston-Galveston 
     Navigation Safety Advisory Committee from 2000 to 2005 and 
     make technical changes.
       The Conference substitute adopts the House provision.


    section 333. lower mississippi river waterway advisory committee

       The Senate bill does not contain a comparable provision.
       Section 333 of the House amendment amends section 19 of the 
     Coast Guard Authorization Act of 1991 (Public Law 102-241), 
     to authorize the Coast Guard to extend the Lower Mississippi 
     River Waterway Advisory Committee from 2000 to 2005 and make 
     technical changes.
       The Conference substitute adopts the House provision.


            section 334. navigation safety advisory council

       The Senate bill does not contain a comparable provision.
       Section 334 of the House amendment amends section 2073 of 
     title 33, U.S. Code, to authorize the Coast Guard to extend 
     the Navigation Safety Advisory Council from 2000 to 2005 and 
     make technical changes.
       The Conference substitute adopts the House provision.


         section 335. national boating safety advisory council

       The Senate bill does not contain a comparable provision.
       Section 335 of the House amendment amends section 13110 of 
     title 46, U.S. Code, to

[[Page H8587]]

     authorize the Coast Guard to extend the National Boating 
     Safety Advisory Council from 2000 to 2005 and make technical 
     changes.
       The Conference substitute adopts the House provision.


             SECTION 336. TOWING SAFETY ADVISORY COMMITTEE

       The Senate bill does not contain a comparable provision.
       Section 336 of the House amendment amends section 1231(a) 
     of title 33, U.S. Code, to authorize the Coast Guard to 
     extend the Towing Safety Advisory Committee from 2000 to 2005 
     and make technical changes.
       The Conference substitute adopts the House provision.

                       Subtitle D--Miscellaneous


                       SECTION 341. PATROL CRAFT

       The Senate bill does not contain a comparable provision.
       Section 341 of the House amendment authorizes the Coast 
     Guard to accept up to seven excess PC-170 patrol ships from 
     the U.S. Navy.
       The Conference substitute adopts the House provision with a 
     technical amendment.


                      SECTION 342. BOATING SAFETY

       The Senate bill does not contain a comparable provision.
       Section 342 of the House amendment amends the Sportfishing 
     and Boating Safety Act of 1998 to increase the State 
     Recreational Boating Safety Grant Program by one million 
     dollars and to change the definition of state matching 
     amounts for purposes of the State Boating Safety Grant 
     Program.
       The Conference substitute adopts the House provision with 
     an amendment limiting the changes to one year.


                 SECTION 343. CARIBBEAN SUPPORT TENDER

       The Senate bill does not contain a comparable provision.
       Section 343 of the House amendment authorizes the Coast 
     Guard to operate and maintain a Caribbean Support Tender to 
     provide technical assistance and law enforcement training for 
     foreign coast guards, navies, and other maritime services.
       The Conference substitute adopts the House provision with a 
     technical amendment.


           SECTION 344. PROHIBITION OF NEW MARITIME USER FEES

       The Senate bill does not contain a comparable provision.
       Section 344 of the House amendment extends the expiration 
     date for the prohibition of any new maritime user fees from 
     September 30, 2001, to September 30, 2006.
       The Conference substitute adopts the House provision.


                  SECTION 345. GREAT LAKES LIGHTHOUSES

       The Senate bill does not contain a comparable provision.
       Section 345 of the House amendment requires the Coast Guard 
     to continue to offer advice and technical assistance to 
     organizations in the Great Lakes region that are dedicated to 
     lighthouse stewardship.
       The Conference substitute adopts the House provision with 
     an amendment that makes the assistance for Great Lakes 
     lighthouse preservation efforts be subject to the discretion 
     of the Secretary of the department in which the Coast Guard 
     is operating.


  SECTION 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE SYSTEM

       The Senate bill does not contain a comparable provision.
       Section 346 of the House amendment requires the Coast Guard 
     to report to Congress within 60 days after enactment the 
     agency's implementation of National Transportation Safety 
     Board recommendations following the MORNING DEW accident.
       The Conference substitute adopts the House provision with a 
     technical amendment.


   SECTION 347. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE

       The Senate bill does not contain a comparable provision.
       Section 347 of the House amendment authorizes the transfer 
     of 4.13 acres of land, known as the Naval Reserve Pier 
     property, located in Portland, Maine, to the Gulf of Maine 
     Aquarium Development Corporation.
       The Conference substitute adopts the House Provision with a 
     technical amendment.


 SECTION 348. ADDITIONAL COAST GUARD FUNDING NEEDS AFTER SEPTEMBER 11, 
                                  2001

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute requires the Secretary in the 
     department in which the Coast Guard is operating to submit a 
     report to Congress that compares Coast Guard expenditures by 
     mission area on an annualized basis before and after the 
     terrorist attacks of September 11, 2001. The report must also 
     estimate the annual funding amounts and personnel levels that 
     would restore all Coast Guard mission areas to the readiness 
     levels that existed before September 11, 2001. The substitute 
     also requires a report identifying mission targets for fiscal 
     years 2003, 2004, and 2005, and the specific steps necessary 
     to achieve those targets.


                 SECTION 349. MISCELLANEOUS CONVEYANCES

       The Senate bill does not contain a comparable provision.
       Section 349 of the House amendment transfers the Coast 
     Guard Slip Point Light Station in Clallam County, Washington, 
     to Clallam County and the Point Pinos Light, located in 
     Monterey County, California, to the City of Pacific Grove, 
     California.
       The Conference substitute adopts the House provision with a 
     technical amendment.

                Title IV--Omnibus Maritime Improvements


                        SECTION 401. SHORT TITLE

       The Senate bill does not contain a comparable provision.
       Section 401 of the House amendment states that this title 
     may be cited as the Omnibus Maritime Improvements Act of 
     2001.
       The Conference substitute adopts the House provision.


       SECTION 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES

       The Senate bill does not contain a comparable provision.
       Section 402 of the House amendment would extend the present 
     Coast Guard housing authorities from October 1, 2001, to 
     October 1, 2006. The Coast Guard Authorization Act of 1996 
     provides the Coast Guard with the legal authorities to 
     encourage private sector participation in the acquisition or 
     construction of Coast Guard housing on or near Coast Guard 
     installations. The Coast Guard is currently in the process of 
     developing proposals for several potential housing projects 
     using these new authorities.
       This section further authorizes the Coast Guard to 
     implement a demonstration project for the acquisition or 
     construction of military family housing and military 
     unaccompanies housing at the Coast Guard installation in 
     Kodiak, Alaska.
       The Conference substitute adopts the House provision with 
     an amendment which extends the Coast Guard's housing 
     authorities to October 1, 2007.


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

       The Senate bill does not contain a comparable provision.
       Section 403 of the House amendment requires the Secretary 
     of Transportation to maintain and publish an inventory of 
     U.S.-flag vessels capable of laying, maintaining, or 
     repairing a submarine cable.
       The Conference substitute adopts the House provision.


      SECTION 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE

       The Senate bill does not contain a comparable provision.
       Section 404 of the House amendment requires that a vessel 
     engaged in towing assistance of towing escort be a vessel of 
     the United States, and establishes a civil penalty for a 
     person who violates this section.
       The Conference substitute adopts the House provisions with 
     a technical amendment. The U.S. Navy has expressed concern 
     that this section could hamper the ability of the Navy to 
     render timely towing and salvage assistance to naval vessels 
     on a worldwide basis. The Conferees want to clarify that the 
     restrictions in section 404 do not apply to U.S. Naval 
     operations.


            SECTION 405. SEARCH AND RESCUE CENTER STANDARDS

       The Senate bill does not contain a comparable provision.
       Section 405 of the House amendment requires the Secretary 
     to establish standards for the safe operation of Coast Guard 
     search and rescue stations, and prohibits an individual on 
     duty in a search and rescue facility from working more than 
     12 hours in a 24 hour period, except in an emergency.
       The Conference substitute adopts the House provision with 
     an amendment which expresses a sense of Congress that the 
     Secretary should establish, implement and maintain minimum 
     standards necessary to ensure that an individual on duty or 
     watch in a Coast Guard search and rescue command center 
     facility not work more than 12 hours in a 24-hour period. The 
     section also includes a reporting requirement.


                section 406. vhf communications services

       The Senate bill does not contain a comparable provision.
       Section 406 of the House amendment authorizes the Coast 
     Guard to allow private VHF Communications companies to place 
     equipment and VHF towers on Coast Guard property. In 
     exchange, the Coast Guard may receive discounted VHF 
     communications services.
       The Conference substitute adopts the House provision with a 
     technical amendment and an additional amendment which states 
     that commercial VHF communication equipment placed on real 
     property under the administrative control of the Coast Guard 
     shall not interfere in any manner with any current or future 
     Coast Guard communication equipment.


 SECTION 407. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY ACTIVITIES

       The Senate bill does not contain a comparable provision.
       Section 407 of the House amendment authorizes $987,400 for 
     the activities of the Lower Columbia River Maritime Fire and 
     Safety Association.
       The Conference substitute authorizes $987,400 for the fire, 
     oil, and toxic spill response communications, training, 
     equipment, and program administration activities conducted by 
     nonprofit or organizations in cooperation with the Coast 
     Guard.


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

       The Senate bill does not contain a comparable provision.

[[Page H8588]]

       Section 408 of the House amendment conforms certain 
     permanent laws of the United States relating to the Coast 
     Guard and maritime transportation by correcting references to 
     the former Merchant Marine and Fisheries Committee of the 
     House of Representatives.
       The Conference substitute adopts the House provision.


            SECTION 409. RESTRICTION ON VESSEL DOCUMENTATION

       The Senate bill does not contain a comparable provision.
       Section 409 of the House amendment prohibits a vessel, 
     which has been forfeited to the United States government for 
     a breach of the laws of the United States, from obtaining a 
     certificate of documentation with a fisheries endorsement. 
     This section does not grant the Coast Guard new authority to 
     seize or forfeit vessels.
       The Conference substitute adopts the House provision.


        SECTION 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT

       The Senate bill does not contain a comparable provision.
       Section 410 of the House amendment requires the Commandant 
     of the Coast Guard to ensure that all Coast Guard personnel 
     are equipped with adequate safety equipment, including 
     hypothermia protective clothing where appropriate, while 
     performing search and rescue missions.
       The Conference substitute adopts the House provision.


                SECTION 411. RESERVE OFFICER PROMOTIONS

       The Senate bill does not contain a comparable provision.
       Section 411 of the House amendment makes technical 
     amendments regarding the promotion of Coast Guard Reserve 
     Officers to implement the changes to the Reserve promotion 
     system included in the FY 2001 Department of Defense 
     Authorization Act.
       The Conference substitute adopts the House provision.


SECTION 412. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; CONTINUATION 
                UPON FAILURE OF SELECTION FOR PROMOTION

       The Senate bill does not contain a comparable provision.
       Section 412 of the House amendment authorizes the Coast 
     Guard to continue commanders and lieutenant commanders 
     scheduled to retire due to failure of selection for 
     promotion.
       The Conference substitute adopts the House provision.


   section 413. reserve student pre-commissioning assistance program

       The Senate bill does not contain a comparable provision.
       Section 413 of the House amendment authorizes the Coast 
     Guard to pay an individual's undergraduate or graduate 
     educational tuition when that individual enlists in the Coast 
     Guard Reserve and promises to accept a commission in the 
     Coast Guard Reserve upon completion of the degree.
       The Conference substitute adopts the House provision with a 
     technical amendment.


      section 414. continuation on active duty beyond thirty years

       The Senate bill does not contain a comparable provision.
       Section 414 of the House amendment permits the Coast Guard 
     to offer to captains, who would otherwise be forced to retire 
     after thirty years of duty, the opportunity to continue on 
     active duty. This proposal would allow the Coast Guard to 
     retain these highly experienced individuals at very little 
     additional cost.
       The Conference substitute adopts the House provision.


   section 415. payment of death gratuities on behalf of coast guard 
                              auxiliarists

       The Senate bill does not contain a comparable provision.
       Section 415 of the House amendment allows the Coast Guard 
     to pay death gratuities to personal representatives of Coast 
     Guard Auxiliarists who die in the line of duty, to the same 
     extent that death gratuities are paid on behalf of Federal 
     employees.
       The Conference substitute adopts the House provision.


    section 416. align coast guard severance pay and revocation of 
       commission authority with department of defense authority

       The Senate bill does not contain a comparable provision.
       Section 416 of the House amendment revises the Coast 
     Guard's severance pay provisions to incorporate the 
     Department of Defense separation pay computations.
       The Conference substitute adopts the House provision.


     seciton 417. long-term lease authority for lighthouse property

       The Senate bill does not contain a comparable provision.
       Section 417 of the House amendment authorizes the Coast 
     Guard to lease lighthouse properties for terms not to exceed 
     thirty years.
       The Conference substitute adopts the House provision.


       section 418. maritime drug law enforcement act amendments

       The Senate bill does not contain a comparable provision.
       Section 418 of the House amendment amends the Maritime Drug 
     Law Enforcement Act to increase the Coast Guard's drug 
     interdiction jurisdiction from 12 to 24 miles from U.S. 
     shores.
       The Conference substitute adopts the House provision.


                   seciton 419. wing-in-ground craft

       The Senate bill does not contain a comparable provision.
       Section 419 of the House amendment grants the Coast Guard 
     statutory authority to regulate wing-in-ground craft and 
     makes them subject to inspection as small passenger vessels.
       The Conference substitute adopts the House provision.


  seciton 420. electronic filing of commercial instruments for vessels

       The Senate bill does not contain a comparable provision.
       Section 420 of the House amendment removes the requirement 
     for filing an original commercial instrument (for example, a 
     ship mortgage) within ten days of the electronic filing of 
     the instrument.
       The Conference substitute adopts the House provision.


section 421. deletion of thumbprint requirement for merchant mariners' 
                               documents

       The Senate bill does not contain a comparable provision.
       Section 421 of the House amendment eliminates the 
     requirement for a thumbprint to be placed on a merchant 
     mariners' document (MMD). The thumbprint is no longer needed 
     on the document since it now includes a photograph and must 
     be issued every five years. The result of this change would 
     be to provide the Coast Guard with needed additional space on 
     the MMD to describe mariner qualifications.
       The Conference substitute adopts the House provision.


 SECTION 422. TEMPORARY CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL 
                                VESSELS

       The Senate bill does not contain a comparable provisions.
       Section 422 of the House amendment authorizes the Secretary 
     of Transportation to issue temporary certificates of 
     documentation, and to delegate to private third parties the 
     authority to issue the certificates for recreational vessels.
       The Conference substitute adopts the House provision.


 SECTION 423. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN VESSELS

       The Senate bill does not contain a comparable provision.
       Section 423 of the House amendment authorizes the Coast 
     Guard to conduct marine casualty investigations involving 
     foreign vessels in areas outside U.S. territorial waters 
     consistent with the practices and procedures of international 
     law.
       The Conference substitute adopts the House provision.


 Section 424. conveyance of coast guard property in hampton township, 
                                michigan

       The Senate bill does not contain a comparable provision.
       Section 424 of the House amendment requires that the 
     Secretary of Transportation convey the property adjacent to 
     Coast Guard Station Saginaw River, located in Hampton 
     Township, Michigan, to BaySail, Inc., a nonprofit 
     corporation. During the five-year period after the Secretary 
     conveys the property, the property shall revert to the United 
     States if BaySail sells, conveys, assigns, exchanges, or 
     encumbers the property. BaySail also must maintain the 
     property and is not allowed to conduct any commercial 
     activity on the property without the approval of the 
     Secretary.
       The Conference substitute adopts the House provision with 
     an amendment which makes the transfer of the property subject 
     to the discretion of the Secretary of the department in which 
     the Coast Guard is operating.


     section 425. conveyance of property in traverse city, michigan

       The Senate bill does not contain a comparable provision.
       Section 425 of the House amendment changes the recipient's 
     name of a previous Coast Guard property transfer in Traverse 
     City, Michigan.
       The Conference substitute adopts the House provision.


section 426. annual report on coast guard capabilities and readiness to 
               fulfill national defense responsibilities

       The Senate bill does not contain a comparable provision.
       Section 426 of the House amendment requires the Secretary 
     of Transportation to submit an annual report to Congress 
     setting forth the capabilities and readiness of the Coast 
     Guard to fulfill its national defense responsibilities.
       The Conference substitute adopts the House provision with a 
     technical amendment.


    section 427. extension of authorization for oil spill recovery 
                               institute

       The Senate bill does not contain a comparable provision.
       Section 427 of the House amendment extends the Oil Spill 
     Recovery Institute until September 30, 2012.
       The Conference substitute adopts the House provision.


             section 428. protection against discrimination

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute amends section 2114 of title 46, 
     United States Code, to expand the protection of seamen 
     against discrimination. This section does not allow for 
     anyone

[[Page H8589]]

     to discharge or discriminate against any seaman who reports a 
     violation of a maritime law to the Coast Guard or refuses to 
     perform duties which he believes would result in his or 
     another individual's injury.


                   section 429. icebreaking services

       The Senate bill does not contain a comparable provision.
       Section 429 of the House amendment does not allow the 
     Commandant of the Coast Guard to decommission any WYTL-class 
     harbor tugs unless he certifies that sufficient replacement 
     capability has been procured by the Coast Guard to remediate 
     any degradation in current icebreaking services.
       The Conference substitute adopts the House provision.


              section 430. fishing vessel safety training

       The Senate bill does not contain a comparable provision.
       Section 430 of the House amendment allows the Commandant of 
     the Coast Guard to provide support to an entity which engages 
     in fishing vessel safety training.
       The Conference substitute adopts the House provision.


 section 431. limitation on liability of pilots at coast guard vessel 
                            traffic services

       The Senate bill does not contain a comparable provision.
       Section 431 of the House amendment limits the liability of 
     pilots working in a Coast Guard Vessel Traffic Service while 
     acting within the scope of their duties and under the 
     supervision of a Coast Guard officer.
       The Conference substitute adopts the House provision.


 section 432. assistance for marine safety station on Chicago lakefront

       The Senate bill does not contain a comparable provisions.
       Section 432 of the House amendment authorizes the Secretary 
     of Transportation to provide up to $2 million to the City of 
     Chicago, Illinois, to plan and construct a new marine safety 
     station on the Chicago lakefront.
       The Conference substitute allows the Coast Guard to 
     transfer funds to the City of Chicago to pay the Federal 
     share to demolish the old Coast Guard station on Chicago 
     Harbor and construct anew facility at this site for use as a 
     marine safety station. The Federal share of this project may 
     not exceed on third of the total cost of the project or two 
     million dollars, whichever is less.


 section 433. extension of time for recreational vessel and associated 
                           equipment recalls

       The Senate bill does not contain a comparable provision.
       Section 434 of the House amendment extends the time for a 
     recreational vessel and associated equipment recall from five 
     to ten years.
       The Conference substitute adopts the House provision.


       section 434. repair of municipal dock, escanaba, michigan

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute allows the Secretary of 
     Transportation to transfer up to $300,000 to the City of 
     Escanaba, Michigan, for the repair of the north wall of the 
     municipal dock in Escanaba.


                  section 435. vessel global explorer

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute directs the secretary of the 
     Department in which the Coast Guard is operating to amend the 
     vessel GLOBAL EXPLORER's certificate of documentation to show 
     the vessel's year of construction as 2002.


                      section 436. aleutian trade

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute amends chapter 51 of title 46, 
     United States Code, regarding vessel load lines. The Aleutian 
     Trade Act of 1990 (Public Law 101-595) provides for continued 
     cargo service to remote communities in Alaska by uninspected 
     fish tender vessels operating in the Aleutian trade while 
     requiring such vessels to meet enhanced safety and manning 
     requirements over a specified period of time. The Act defines 
     Aleutian trade to mean the transportation of all manner of 
     cargo, including fishery related products, for hire on board 
     fish tender vessels to western Aleutian communities receiving 
     weekly common carrier service. The Act extended certain 
     loadline exemptions to those fish tender vessels operating in 
     the Aleutian trade until January 1, 2003. An ambiguity in the 
     statute could be read to continue that exemption beyond 
     this compliance date. Subsection (a) corrects the 
     ambiguity. Subsection (b) clarifies the original intent 
     that after 2003 the loading exemption is only available 
     for fish tender vessels that are not engaged in that 
     transportation of general cargoes in the Aleutian trade. 
     Thus, after 2003, all uninspected fish tender vessels that 
     had previously engaged in the for hire carriage of general 
     cargoes to places receiving weekly common carrier service 
     in the western Aleutian chain will be required to have 
     loadlines. To accommodate the transition, subsection (c) 
     provides additional time for one fish tender vessel 
     operating in the Aleutian trade to be brought into 
     compliance.


    section 437. pictured rocks national lakeshore boundary revision

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute allows the Administrator of the 
     General Services Administration to transfer to the Secretary 
     of the Interior administrative jurisdiction over certain 
     public lands in the State of Michigan.


                          section 438. loran-c

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute authorizes funding for LORAN-C 
     navigation infrastructure.
       The LORAN-C system remains the primary navigation tool for 
     many vessels and general aviation aircraft and serves as a 
     ground-based navigation system to backup and complement 
     existing satellite navigation capabilities. In recent years, 
     the Coast Guard has spent substantial resources to modernize 
     the LORAN-C system allowing it to operate beyond its 
     scheduled life span. The Conferees expect the Coast Guard, in 
     cooperation with the Federal Aviation Administration, to 
     continue this modernization to ensure this critical 
     navigation system is available for forseeable future.


                 section 439. authorization of payment

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute reimburses the State of Hawaii 
     for damages caused by the Coast Guard to the ferry pier at 
     Barber's Point Harbor, Hawaii.


          section 440. report on oil spill responder immunity

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute requires the Secretary of the 
     Department in which the Coast Guard is operating, jointly 
     with the Secretaries of Commerce and Interior, to report to 
     Congress on the immunity of a private responder (other than a 
     person responsible for the vessel or facility from which oil 
     is discharged) from liability for criminal and civil 
     penalties for the incidental take of a protected species 
     while carrying out oil spill response actions.


                    section 441. fishing agreements

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute amends section 10601(a) of title 
     46, United States Code, by requiring that the owner, 
     charterer, managing operator or a representative thereof, 
     including, but not limited to, the master or individual in 
     charge of a fishing industry vessel, shall make a fishing 
     agreement in writing with each seaman employed on board the 
     vessel.


         section 442. electronic publishing of casualty reports

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute requires the Coast Guard to begin 
     publishing all major marine casualty reports upon enactment 
     of this Act. Additionally, the Conferees direct the Coast 
     Guard to begin electronically publishing the remaining marine 
     casualty reports by the end of the fiscal year 2005.
       The Conferees are concerned that marine casualty reports 
     are currently not available in an electronic format that 
     allows the general public easy access to information in the 
     reports that could lead to improved boating safety. The 
     Conferees acknowledge that one of the purposes of marine 
     casualty reports was for enforcement and that the reports 
     often contain personal information which cannot be 
     released to the general public. The Conferees also 
     understand the Coast Guard's concerns that electronically 
     publishing these reports will strain current resources and 
     require changes to technical procedures and additional 
     human review to ensure that no personal information is 
     inadvertently released. This phase-in period for all 
     marine casualty reports is provided to allow the Coast 
     Guard time to implement the technical and policy 
     procedures needed to electronically publish these reports 
     without inadvertently releasing important personal 
     information.


        section 443. safety and security of ports and waterways

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute amends the Ports and Waterways 
     Safety Act to add the safety and security of United States 
     ports and waterways to this law's traditional focus on marine 
     safety and environment protection.


                   section 444. suspension of payment

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute allows the Coast Guard to suspend 
     the payment of the retired

[[Page H8590]]

     pay of a member or former member during periods in which the 
     member willfully remains outside the United States to avoid 
     criminal prosecution or civil liability.


              section 445. prohibition of navigation fees

       The Senate bill does not contain a comparable provision.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute prohibits any non-Federal 
     interest from assessing or collecting any fee on vessels or 
     water craft operating on navigable waters subject to the 
     authority of the United States, or under the freedom of 
     navigation on those waters. This section does not prohibit 
     those instances in which Federal law has permitted the 
     imposition of fees and recognizes those circumstances under 
     which non-Federal interests may charge reasonable port and 
     harbor fees for services rendered.

      Title V--Authorization of Appropriations for the Coast Guard


                        section 501. short title

       The Senate bill does not contain a comparable provision.
       Section 501 of the House amendment states that this title 
     may be cited as the ``Coast Guard Authorization Act for 
     Fiscal Year 2002.''
       The Conference substitute states that this title may be 
     cited as the ``Coast Guard Authorization for Fiscal Year 
     2003.''


               section 502. authorizing of appropriations

       The Senate bill does not contain a comparable provision.
       Section 502 of the House amendment authorizes $5.9 billion 
     for Coast Guard programs and operations during fiscal year 
     2002. Section 502(1) of the amendment authorizes 
     approximately $4.2 billion for Coast Guard operating expenses 
     for fiscal year 2002, including $623 million for domestic 
     maritime homeland security requirements.
       Section 502(2) of this amendment authorizes $717.8 million 
     in fiscal year 2002 for the Coast Guard's acquisition, 
     construction, and improvement (AC&I) account. including $58.5 
     million for homeland security.
       The Conference substitute authorizes approximately $6 
     billion for Coast Guard programs and operations during fiscal 
     year 2003. Section 502(1) authorizes approximately $4.3 
     billion for Coast Guard operating expenses for fiscal year 
     2003.
       Section 102(2) authorizes $725 million in fiscal year 2003 
     for the Coast Guard's acquisition, construction, and 
     improvement (AC&I) account.
       Within the AC&I account, the Conferees strongly support the 
     Coast Guard's integrated approach to the Deepwater 
     Modernization Project and believe this effort to recapitalize 
     the service's offshore surface fleet, aviation assets, and 
     command and control system is essential to prepare the Coast 
     Guard to meet future challenges. With an aging fleet of 
     cutters and aircraft, maintenance and personnel costs will 
     rise dramatically unless the fleets are replaced. Further, 
     the multi-mission nature of the Coast Guard requires a modern 
     and flexible fleet that will continue serving national 
     security and other core missions. The Integrated Deepwater 
     System request for proposal and the recently awarded contract 
     with the systems integrator were predicated on a consistent 
     funding level of $500 million per year in 1998 dollars over 
     the 20-year implementation time-line. The Conferees are 
     concerned that this program already appears likely to be 
     underfunded in its first year creating delays and pushing 
     back the implementation schedule just as the program is 
     beginning.
       The Conferees also strongly support the need to modernize 
     the National Distress & Response System. This system is 
     crucial for the Coast Guard to improve its capabilities to 
     respond to and aid mariners in distress. The Conferees 
     strongly support the Coast Guard receiving $90 million in 
     fiscal year 2003 to begin this procurement which is scheduled 
     to be completed by the end of the fiscal year 2006.
       Another necessary area of funding is for the Coast Guard's 
     share of the cost of altering or removing bridges that cause 
     hazards to navigation, pursuant to the Truman-Hobbs Act of 
     June 21, 1940, as amended (33 U.S.C. 511 et seq.). The 
     Conferees expect that $2,000,000 of the funding provided will 
     be utilized for the construction of a new Chelesa Street 
     Bridge over the Chelsea River in Boston, Massachusetts.


          section 503. authorized levels of military strength

       The Senate bill does not contain a comparable provision.
       Section 503 of the House amendment authorizes 44,000 Coast 
     Guard active duty military personnel as of September 30, 
     2002.
       The Conference substitute authorizes 45,500 Cost Guard 
     active duty military personnel as of September 30, 2003.
       The Conference substitute authorizes 45,500 Coast Guard 
     active duty military personnel as of September 30, 2003, 
     which is larger than the Administration's request. The 
     Conferees note that even before September 11, 2001, Coast 
     Guard missions and demands were expanding and taxing the 
     service's personnel whose current strength is comparable to 
     the Coast Guard of 1966. As the Coast Guard assumes its 
     expanding homeland security role while at the same time 
     continues to carry out its traditional missions, it will 
     require additional personnel. Therefore, the Conference 
     substitute increases the end-of-year strength numbers beyond 
     those recommended by the Administration to ensure the Coast 
     Guard has the flexibility to increase its personnel levels to 
     meet these new challenges and demands.

     From the Committee on Transportation and Infrastructure, for 
     consideration of the Senate bill and the House amendment, and 
     modifications committed to conference:
     Don Young,
     Howard Coble,
     Frank A. LoBiondo,
     Jim Oberstar,
     Corrine Brown.
     From the Committee on Ways and Means, for consideration of 
     secs. 112 and 115 of the Senate bill, and sec. 108 of the 
     House amendment, and modifications committed to conference:
     William Thomas,
     Phil Crane,
     Charles B. Rangel,
                                Managers on the Part of the House.

     Ernest F. Hollings,
     Daniel Inouye,
     John F. Kerry,
     John Breaux,
     Ron Wyden,
     Max Cleland,
     Barbara Boxer,
     John McCain,
     Ted Stevens,
     Trent Lott,
     Kay Bailey Hutchison,
     Olympia Snowe,
     Gordon Smith,
     Bob Graham,
     Chuck Grassley,
     Managers on the Part of the Senate.

                          ____________________