[House Report 107-777]
[From the U.S. Government Publishing Office]




[[Page (1)]]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-777

======================================================================



 
              MARITIME TRANSPORTATION SECURITY ACT OF 2002

                                _______
                                

               November 13, 2002.--Ordered to be printed

                                _______
                                

 Mr. Young of Alaska, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                         [To accompany S. 1214]

    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.
Sec. 109. Maritime security professional training.
Sec. 110. Additional reports.
Sec. 111. Performance standards.

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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.

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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

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        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

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                    (G) to promote private sector procedures 
                that provide for in-transit visibility and 
                support law enforcement efforts directed at 
                managing the security risks of cargo shipments.
            (14) On April 27, 1999, the President established 
        the Interagency Commission on Crime and Security in 
        United States Ports to undertake a comprehensive study 
        of the nature and extent of the problem of crime in our 
        ports, as well as the ways in which governments at all 
        levels are responding. The Commission concluded that 
        frequent crimes in ports include drug smuggling, 
        illegal car exports, fraud, and cargo theft. Internal 
        conspiracies are an issue at many ports and contribute 
        to Federal crime. Criminal organizations are exploiting 
        weak security at ports to commit a wide range of cargo 
        crimes. Intelligence and information sharing among law 
        enforcement agencies needs to be improved and 
        coordinated at many ports. A lack of minimum physical 
        and personnel security standards at ports and related 
        facilities leaves many ports and port users very 
        vulnerable. Access to ports and operations within ports 
        is often uncontrolled. Security-related anddetection-
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:

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            ``(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).

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``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 effectiveaction 
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.

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    ``(b) Area Maritime Transportation Security Plans.--(1) The 
Federal Maritime Security Coordinator designated under 
subsection (a)(2)(G) for an area shall--
            ``(A) submit to the Secretary an Area Maritime 
        Transportation Security Plan for the area; and
            ``(B) solicit advice from the Area Security 
        Advisory Committee required under this chapter, for the 
        area to assure preplanning of joint deterrence efforts, 
        including appropriate procedures for deterrence of a 
        transportation security incident.
    ``(2) The Area Maritime Transportation Security Plan for an 
area shall--
            ``(A) when implemented in conjunction with the 
        National Maritime Transportation Security Plan, be 
        adequate to deter a transportation security incident in 
        or near the area to the maximum extent practicable;
            ``(B) describe the area and infrastructure covered 
        by the plan, including the areas of population or 
        special economic, environmental, or national security 
        importance that might be damaged by a transportation 
        security incident;
            ``(C) describe in detail how the plan is integrated 
        with other Area Maritime Transportation Security Plans, 
        and with facility security plans and vessel security 
        plans under this section;
            ``(D) include consultation and coordination with 
        the Department of Defense on matters relating to 
        Department of Defense facilities and vessels;
            ``(E) include any other information the Secretary 
        requires; and
            ``(F) be updated at least every 5 years by the 
        Federal Maritime Security Coordinator.
    ``(3) The Secretary shall--
            ``(A) review and approve Area Maritime 
        Transportation Security Plans under this subsection; 
        and
            ``(B) periodically review previously approved Area 
        Maritime Transportation Security Plans.
    ``(4) In security zones designated by the Secretary in each 
Area Maritime Transportation Security Plan, the Secretary shall 
consider--
            ``(A) the use of public/private partnerships to 
        enforce security within the security zones, shoreside 
        protection alternatives, and the environmental, public 
        safety, and relative effectiveness of such 
        alternatives; and
            ``(B) technological means of enhancing the security 
        zones of port, territorial waters, and waterways of the 
        United States.
    ``(c) Vessel and Facility Security Plans.--(1) Within 6 
months after the prescription of interim final regulations on 
vessel and facility security plans, an owner or operator of a 
vessel or facility described in paragraph (2) shall prepare and 
submit to the Secretary a security plan for the vessel or 
facility, for deterring a transportation security incident to 
the maximum extent practicable.
    ``(2) The vessels and facilities referred to in paragraph 
(1)--
                    ``(A) except as provided in subparagraph 
                (B), are vessels and facilities that the 
                Secretary believes may be involved in a 
                transportation security incident; and
                    ``(B) do not include any vessel or facility 
                owned or operated by the Department of Defense.

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    ``(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.

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    ``(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--

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            ``(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--

[[Page 12]]

            ``(A) conduct a background records check regarding 
        the individual; and
            ``(B) upon completing the background records check, 
        notify the Secretary of the completion and results of 
        the background records check.
    ``(2) A background records check regarding an individual 
under this subsection shall consist of the following:
            ``(A) A check of the relevant criminal history 
        databases.
            ``(B) In the case of an alien, a check of the 
        relevant databases to determine the status of the alien 
        under the immigration laws of the United States.
            ``(C) As appropriate, a check of the relevant 
        international databases or other appropriate means.
            ``(D) Review of any other national security-related 
        information or database identified by the Attorney 
        General for purposes of such a background records 
        check.
    ``(e) Restrictions on Use and Maintenance of Information.--
(1) Information obtained by the Attorney General or the 
Secretary under this section may not be made available to the 
public, including the individual's employer.
    ``(2) Any information constituting grounds for denial of a 
transportation security card under this section shall be 
maintained confidentially by the Secretary and may be used only 
for making determinations under this section. The Secretary may 
share any such information with other Federal law enforcement 
agencies. An individual's employer may only be informed of 
whether or not the individual has been issued the card under 
this section.
    ``(f) Definition.--In this section, the term `alien' has 
the meaning given the term in section 101(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).''.

``Sec. 70106. Maritime safety and security teams

    ``(a) In General.--To enhance the domestic maritime 
security capability of the United States, the Secretary shall 
establish such maritime safety and security teams as are needed 
to safeguard the public and protect vessels, harbors, ports, 
facilities, and cargo in waters subject to the jurisdiction of 
the United States from destruction, loss or injury from crime, 
or sabotage due to terrorist activity, and to respond to such 
activity in accordance with the transportation security plans 
developed under section 70103.
    ``(b) Mission.--Each maritime safety and security team 
shall be trained, equipped, and capable of being employed to--
            ``(1) deter, protect against, and rapidly respond 
        to threats of maritime terrorism;
            ``(2) enforce moving or fixed safety or security 
        zones established pursuant to law;
            ``(3) conduct high speed intercepts;
            ``(4) board, search, and seize any article or thing 
        on or at, respectively, a vessel or facility found to 
        present a risk to the vessel or facility, or to a port;
            ``(5) rapidly deploy to supplement United States 
        armed forces domestically or overseas;
            ``(6) respond to criminal or terrorist acts within 
        a port so as to minimize, insofar as possible, the 
        disruption caused by such acts;

[[Page 13]]

            ``(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).

[[Page 14]]

    ``(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 Gen

[[Page 15]]

eral 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 
                Transpor

[[Page 16]]

                tation Security Act of 2002 has improved 
                security at that port.
    ``(h) Authorization of Appropriations.-- There are 
authorized to be appropriated to the Secretary of 
Transportation for each of fiscal years 2003 through 2008 such 
sums as are necessary to carry out subsections (a) through (g).
    ``(i) Research and Development Grants for Port Security.--
            ``(1) Authority.--The Secretary of Transportation 
        is authorized to establish and administer a grant 
        program for the support of research and development of 
        technologies that can be used to secure the ports of 
        the United States. The Secretary may award grants under 
        the program to national laboratories, private nonprofit 
        organizations, institutions of higher education, and 
        other entities. The Secretary shall establish 
        competitive procedures for awarding grants under the 
        program and criteria for grant applications and 
        eligibility.
            ``(2) Use of funds.--Grants awarded pursuant to 
        paragraph (1) shall be used to develop--
                    ``(A) methods to increase the ability of 
                the Customs Service to inspect, or target for 
                inspection, merchandise carried on any vessel 
                that will arrive or has arrived at any port or 
                place in the United States;
                    ``(B) equipment to accurately detect 
                explosives, or chemical and biological agents, 
                that could be used to commit terrorist acts 
                against the United States;
                    ``(C) equipment to accurately detect 
                nuclear materials, including scintillation-
                based detection equipment capable of attachment 
                to spreaders to signal the presence of nuclear 
                materials during the unloading of containers;
                    ``(D) improved tags and seals designed for 
                use on shipping containers to track the 
                transportation of the merchandise in such 
                containers, including `smart sensors' that are 
                able to track a container throughout its entire 
                supply chain, detect hazardous and radioactive 
                materials within that container, and transmit 
                such information to the appropriate authorities 
                at a remote location;
                    ``(E) tools to mitigate the consequences of 
                a terrorist act at a port of the United States, 
                including a network of sensors to predict the 
                dispersion of radiological, chemical, or 
                biological agents that might be intentionally 
                or accidentally released; or
                    ``(F) applications to apply existing 
                technologies from other industries to increase 
                overall port security.
            ``(3) Administrative provisions.--
                    ``(A) No duplication of effort.--Before 
                making any grant, the Secretary of 
                Transportation shall coordinate with other 
                Federal agencies to ensure the grant will not 
                be used for research and development that is 
                already being conducted with Federal funding.
                    ``(B) Accounting.--The Secretary of 
                Transportation shall by regulation establish 
                accounting, reporting, and review procedures to 
                ensure that funds made available under 
                paragraph (1) are used for the purpose for 
                which they were made available, that all 
                expenditures are properly ac

[[Page 17]]

                counted 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.

[[Page 18]]

``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.

[[Page 19]]

``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

[[Page 20]]

forth in section 10(c) of the Federal Advisory Committee Act (5 
U.S.C. App.).
    ``(e) Consideration of Views.--The Secretary shall consider 
the information, advice, and recommendations of the Committee 
in formulating policy regarding matters affecting maritime 
security.
    ``(f) Compensation and Expenses.--(1) A member of a 
committee established under this section, when attending 
meetings of the committee or when otherwise engaged in the 
business of the committee, is entitled to receive--
            ``(A) compensation at a rate fixed by the 
        Secretary, not exceeding the daily equivalent of the 
        current rate of basic pay in effect for GS-15 of the 
        General Schedule under section 5332 of title 5 
        including travel time; and
            ``(B) travel or transportation expenses under 
        section 5703 of title 5.
    ``(2) A member of such a committee shall not be considered 
to be an officer or employee of the United States for any 
purpose based on their receipt of any payment under this 
subsection.
    ``(g) FACA; Termination.--(1) The Federal Advisory 
Committee Act (5 U.S.C. App.)--
            ``(A) applies to the National Maritime Security 
        Advisory Committee established under this section, 
        except that such committee terminates on September 30, 
        2008; and
            ``(B) does not apply to Area Maritime Security 
        Advisory Committees established under this section.
    ``(2) Not later than September 30, 2006, each committee 
established under this section shall submit to the Congress its 
recommendation regarding whether the committee should be 
renewed and continued beyond the termination date.

``Sec. 70113. Maritime intelligence

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

``Sec. 70114. Automatic identification systems

    ``(a) System Requirements.--(1) Subject to paragraph (2), 
the following vessels, while operating on the navigable waters 
of the United States, shall be equipped with and operate an 
automatic identification system under regulations prescribed by 
the Secretary:
            ``(A) A self-propelled commercial vessel of at 
        least 65 feet overall in length.
            ``(B) A vessel carrying more than a number of 
        passengers for hire determined by the Secretary.

[[Page 21]]

            ``(C) A towing vessel of more than 26 feet overall 
        in length and 600 horsepower.
            ``(D) Any other vessel for which the Secretary 
        decides that an automatic identification system is 
        necessary for the safe navigation of the vessel.
    ``(2) The Secretary may--
            ``(A) exempt a vessel from paragraph (1) if the 
        Secretary finds that an automatic identification system 
        is not necessary for the safe navigation of the vessel 
        on the waters on which the vessel operates; and
            ``(B) waive the application of paragraph (1) with 
        respect to operation of vessels on navigable waters of 
        the United States specified by the Secretary if the 
        Secretary finds that automatic identification systems 
        are not needed for safe navigation on those waters.
    ``(b) Regulations.--The Secretary shall prescribe 
regulations implementing subsection (a), including requirements 
for the operation and maintenance of the automatic 
identification systems required under subsection (a).

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

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

``Sec. 70116. Secure systems of transportation

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

[[Page 22]]

``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, in

[[Page 23]]

cluding 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

[[Page 24]]

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 
thetransportation, storage, or further handling of oil or natural gas 
for transportation to any State, except as otherwise provided in 
section 23, and for other uses not inconsistent with the purposes of 
this Act, including transportation of oil or natural gas from the 
United States outer continental shelf;
                    ``(B) includes all components and 
                equipment, including pipelines, pumping 
                stations, service platforms, buoys, mooring 
                lines, and similar facilities to the extent 
                they are located seaward of the high water 
                mark;
                    ``(C) in the case of a structure used or 
                intended for such use with respect to natural 
                gas, includes all components and equipment, 
                including pipelines, pumping or compressor 
                stations, service platforms, buoys, mooring 
                lines, and similar facilities that are proposed 
                or approved for construction and operation as 
                part of a deepwater port, to the extent that 
                they are located seaward of the high water mark 
                and do not include interconnecting facilities; 
                and
                    ``(D) shall be considered a `new source' 
                for purposes of the Clean Air Act (42 U.S.C. 
                7401 et seq.), and the Federal Water Pollution 
                Control Act, (33 U.S.C. 1251 et seq.);''; and
            (3) by inserting after paragraph (12) the 
        following:
            ``(13) `natural gas' means either natural gas 
        unmixed, or any mixture of natural or artificial gas, 
        including compressed or liquefied natural gas;''.
    (c) Facility Approval.--
            (1) Section 5(d) of the Deepwater Port Act of 1974 
        (33 U.S.C. 1504(d)) is amended by adding at the end the 
        following:
    ``(4) This subsection shall not apply to deepwater ports 
for natural gas.''.
            (2) Section 5(i) of the Deepwater Port Act of 1974 
        (33 U.S.C. 1504(i)) is amended by adding at the end the 
        following:
    ``(4) The Secretary shall approve or deny any application 
for a deepwater port for natural gas submitted pursuant to this 
Act not later than 90 days after the last public hearing on a 
proposed li

[[Page 25]]

cense. 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

[[Page 26]]

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

[[Page 27]]

        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

[[Page 28]]

                        this section shall be treated as 
                        amending, repealing, or otherwise 
                        modifying title IV of the Tariff Act of 
                        1930 or regulations promulgated 
                        thereunder.'';
                    (C) in subparagraph (G)--
                            (i) in the first sentence--
                                    (I) by inserting ``cargo'' 
                                after ``confidential''; and
                                    (II) by inserting after 
                                ``Customs Service'' the 
                                following: ``pursuant to such 
                                regulations, except for the 
                                manifest information collected 
                                pursuant to section 431 of the 
                                Tariff Act of 1930 and required 
                                to be available for public 
                                disclosure pursuant to section 
                                431(c) of such Act.''; and
                            (ii) by striking the second 
                        sentence; and
                    (D) in subparagraph (L)--
                            (i) in the matter preceding clause 
                        (i)--
                                    (I) by striking ``60'' and 
                                inserting ``15''; and
                                    (II) by striking 
                                ``promulgation of regulations'' 
                                and inserting ``publication of 
                                a final rule pursuant to this 
                                section'';
                            (ii) by striking ``and'' at the end 
                        of clause (iii);
                            (iii) by striking the period and 
                        inserting ``; and'' at the end of 
                        clause (iv); and
                            (iv) by inserting at the end the 
                        following:
                            ``(v) if the Secretary determines 
                        to amend the proposed regulations after 
                        they have been transmitted to the 
                        Committees pursuant to this 
                        subparagraph, the Secretary shall 
                        transmit the amended regulations to 
                        such Committees no later than 5 days 
                        prior to the publication of the final 
                        rule.''.
    (c) Repeal.--Section 343A of the Trade Act of 2002 (116 
Stat. 985) is repealed.

SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING.

    (a) In General.--
            (1) Development of standards.--Not later than 6 
        months after the date of enactment of this Act, the 
        Secretary of Transportation shall develop standards and 
        curriculum to allow for the training and certification 
        of maritime security professionals. In developing these 
        standards and curriculum, the Secretary shall consult 
        with the National Maritime Security Advisory Committee 
        established under section 70112 of title 46, United 
        States Code, as amended by this Act.
            (2) Secretary to consult on standards.--In 
        developing standards under this section, the Secretary 
        may, without regard to the Federal Advisory Committee 
        Act (5 U.S.C. App.), consult with the Federal Law 
        Enforcement Training Center, the United States Merchant 
        Marine Academy's Global Maritime and Transportation 
        School, the Maritime Security Council, the 
        International Association of Airport and Port Police, 
        the National Cargo Security Council, and any other 
        Federal, State, or local government or law enforcement 
        agency or private organization or individual determined 
        by the Secretary to have pertinent expertise.
    (b) Minimum Standards.--The standards established by the 
Secretary under subsection (a) shall include the following 
elements:

[[Page 29]]

            (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: ``Beginningwith 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

[[Page 30]]

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

[[Page 31]]

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''.

[[Page 32]]

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

    (a) Findings.--The Congress finds that--
            (1) the United States Merchant Marine has served 
        the people of the United States in all wars since 1775;
            (2) the United States Merchant Marine served as the 
        Nation's first navy and defeated the British Navy to 
        help gain the Nation's independence;
            (3) the United States Merchant Marine kept the 
        lifeline of freedom open to the allies of the United 
        States during the Second World War, making one of the 
        most significant contributions made by any nation to 
        the victory of the allies in that war;
            (4) President Franklin D. Roosevelt and many 
        military leaders praised the role of the United States 
        Merchant Marine as the ``Fourth Arm of Defense'' during 
        the Second World War;
            (5) more than 250,000 men and women served in the 
        United States Merchant Marine during the Second World 
        War;
            (6) during the Second World War, members of the 
        United States Merchant Marine faced dangers from the 
        elements and from submarines, mines, armed raiders, 
        destroyers, aircraft, and ``kamikaze'' pilots;
            (7) during the Second World War, at least 6,830 
        members of the United States Merchant Marine were 
        killed at sea;
            (8) during the Second World War, 11,000 members of 
        the United States Merchant Marine were wounded, at 
        least 1,100 of whom later died from their wounds;
            (9) during the Second World War, 604 members of the 
        United States Merchant Marine were taken prisoner;
            (10) 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.

[[Page 33]]

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:

[[Page 34]]

    ``(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:

[[Page 35]]

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

[[Page 36]]

        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

[[Page 37]]

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.

[[Page 38]]

    (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.

[[Page 39]]

Prior to making the determination under paragraph (6), the 
Secretary shall provide public notice of a waiver request and 
shall provide persons who may have such suitable tank vessels 
an opportunity to indicate to the requester and the Secretary 
the particulars of available tank vessels or tank vessel 
capacity not requiring a waiver under this section.
    (c) Limitations.--
            (1) Capacity of tank vessel.--The Secretary may not 
        grant a waiver under subsection (a) for a self-
        propelled tank vessel that has substantially greater 
        capacity than the vessel described in subsection 
        (b)(1).
            (2) Maximum duration of waiver.--The Secretary may 
        not grant a waiver under subsection (a) for a period 
        prior to, or extending more than 48 months after, the 
        original contract delivery date of the vessel described 
        in subsection (b)(1).
            (3) Maximum number of waivers.--The Secretary may 
        grant waivers under subsection (a) for not more than 3 
        self-propelled tank vessels.
    (d) Determination of Waiver.--
            (1) In general.--A waiver grant under subsection 
        (a) shall terminate on the earlier of--
                    (A) the date established by the Secretary 
                as its expiration date under subsection (c)(2); 
                or
                    (B) the date that is 60 days after the day 
                on which the vessel described in subsection 
                (b)(1) is delivered.
            (2) Termination for intentional delay.--The 
        Secretary may terminate a waiver granted under 
        subsection (a) at any time if the Secretary determines 
        that the delay in the construction or delivery of the 
        vessel described in 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:

[[Page 40]]

    ``(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.''.

[[Page 41]]

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

[[Page 42]]

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

[[Page 43]]

            ``(B) an individual seeking renewal of, or 
        qualifying for a supplemental endorsement to, a valid 
        merchant mariner's document issued under this section.
    ``(2) No more than one interim document may be issued to an 
individual under paragraph (1)(A) of this subsection.''.
    (b) Exception.--Section 8701(a) of title 46, United States 
Code, is amended--
            (1) by striking ``and'' after the semicolon in 
        paragraph (8);
            (2) by redesignating paragraph (9) as paragraph 
        (10); and
            (3) by inserting after paragraph (8) the following:
            ``(9) a passenger vessel not engaged in a foreign 
        voyage with respect to individuals on board employed 
        for a period of not more than 30 service days within a 
        12 month period as entertainment personnel, with no 
        duties, including emergency duties, related to the 
        navigation of the vessel or the safety of the vessel, 
        its crew, cargo or passengers; and''.

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

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

                 Subtitle C--Renewal of Advisory Groups

SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.

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

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

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

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

SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

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

SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.

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

[[Page 44]]

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 section4(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.

[[Page 45]]

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;

[[Page 46]]

            (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.--

[[Page 47]]

            (1) Condition of conveyance.--The Naval Reserve 
        Pier property shall not be conveyed until the 
        Corporation enters into a lease agreement with the 
        United States, the terms of which are mutually 
        satisfactory to the Commandant and the Corporation, in 
        which the Corporation shall lease a portion of the 
        Naval Reserve Pier property to the United States for a 
        term of 30 years without payment of consideration. The 
        lease agreement shall be executed within 12 months 
        after the date of enactment of this Act.
            (2) Identification of leased premises.--The 
        Secretary, in consultation with the Commandant, may 
        identify and describe the leased premises and rights of 
        access, including the following, in order to allow the 
        Coast Guard to operate and perform missions from and 
        upon the leased premises:
                    (A) The right of ingress and egress over 
                the Naval Reserve Pier property, including the 
                pier and bulkhead, at any time, without notice, 
                for purposes of access to Coast Guard vessels 
                and performance of Coast Guard missions and 
                other mission-related activities.
                    (B) The right to berth Coast Guard cutters 
                or other vessels as required in the moorings 
                along the east side of the Naval Reserve Pier 
                property and the right to attach floating docks 
                which shall be owned and maintained at the 
                United States' sole cost and expense.
                    (C) The right to operate, maintain, remove, 
                relocate, or replace an aid to navigation 
                located upon, or to install any aid to 
                navigation upon, the Naval Reserve Pier 
                property as the Coast Guard, in its sole 
                discretion, may determine is needed for 
                navigational purposes.
                    (D) The right to occupy up to 3,000 
                contiguous gross square feet at the Naval 
                Reserve Pier property for storage and office 
                space, which will be provided and constructed 
                by the Corporation, at the Corporation's sole 
                cost and expense, and which will be maintained, 
                and utilities and other operating expenses paid 
                for, by the United States at its sole cost and 
                expense.
                    (E) The right to occupy up to 1,200 
                contiguous gross square feet of offsite storage 
                in a location other than the Naval Reserve Pier 
                property, which will be provided by the 
                Corporation at the Corporation's sole cost and 
                expense, and which will be maintained, and 
                utilities and other operating expenses paid 
                for, by the United States at its sole cost and 
                expense.
                    (F) The right for Coast Guard personnel to 
                park up to 60 vehicles, at no expense to the 
                Government, in the Corporation's parking spaces 
                on the Naval Reserve Pier property or in 
                parking spaces that the Corporation may secure 
                within 1,000 feet of the Naval Reserve Pier 
                property or within 1,000 feet of the Coast 
                Guard Marine Safety Office Portland. Spaces for 
                no less than 30 vehicles shall be located on 
                the Naval Reserve Pier property.
            (3) Renewal.--The lease described in paragraph (1) 
        may be renewed, at the sole option of the United 
        States, for additional lease terms.

[[Page 48]]

            (4) Limitation on subleases.--The United States may 
        not sublease the leased premises to athird 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.

[[Page 49]]

    (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;

[[Page 50]]

            (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 simi

[[Page 51]]

                        lar purposes specified for the property 
                        in the terms of conveyance;
                            (ii) ceases to be maintained in a 
                        manner that is consistent with its 
                        present or future use as a site for 
                        Coast Guard aids to navigation or 
                        compliance with this section; or
                            (iii) ceases to be maintained in a 
                        manner consistent with the conditions 
                        in paragraph (4) established by the 
                        Secretary pursuant to the National 
                        Historic Preservation Act (16 U.S.C. 
                        470 et seq.); or
                    (B) at least 30 days before that reversion, 
                the Secretary provides written notice to the 
                owner that the property is needed for national 
                security purposes.
            (3) Maintenance of navigation functions.--Each 
        conveyance of property under this section shall be made 
        subject to the conditions that the Secretary considers 
        to be necessary to assure that--
                    (A) the lights, antennas, and associated 
                equipment located on the property conveyed that 
                are active aids to navigation shall continue to 
                be operated and maintained by the United States 
                for as long as they are needed for this 
                purpose;
                    (B) the owner of the property may not 
                interfere or allow interference in any manner 
                with aids to navigation without express written 
                permission from the Commandant of the Coast 
                Guard;
                    (C) there is reserved to the United States 
                the right to relocate, replace, or add any aid 
                to navigation or make any changes to the 
                property conveyed as may be necessary for 
                navigational purposes;
                    (D) the United States shall have the right, 
                at any time, to enter the property without 
                notice for the purpose of operating, 
                maintaining, and inspecting aids to navigation 
                and for the purpose of enforcing compliance 
                with this subsection; and
                    (E) the United States shall have an 
                easement of access to and across the property 
                for the purpose of maintaining the aids to 
                navigation in use on the property.
            (4) Maintenance of property.--(A) Subject to 
        subparagraph (B), the owner of a property conveyed 
        under this section shall maintain the property in a 
        proper, substantial, and workmanlike manner, and in 
        accordance with any conditions established by the 
        conveying authority pursuant to the National Historic 
        Preservation Act (16 U.S.C. 470 et seq.) and other 
        applicable laws.
            (B) The owner of a property conveyed under this 
        section is not required to maintain any activeaid 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:

[[Page 52]]

            (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.

[[Page 53]]

    (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 waterswhere 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:

[[Page 54]]

``Sec. 676. Search and rescue center standards

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

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

[[Page 55]]

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 
strik

[[Page 56]]

ing ``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:

[[Page 57]]

    ``(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--

[[Page 58]]

            ``(A) to accept an appointment as a commissioned 
        officer in the Coast Guard Reserve, if tendered;
            ``(B) to serve on active duty for up to five years; 
        and
            ``(C) under such terms and conditions as shall be 
        prescribed by the Secretary, to serve in the Coast 
        Guard Reserve until the eighth anniversary of the date 
        of the appointment.
    ``(c) Expenses for which financial assistance may be 
provided under this section are the following:
            ``(1) Tuition and fees charged by the institution 
        of higher education involved.
            ``(2) The cost of books.
            ``(3) In the case of a program of education leading 
        to a baccalaureate degree, laboratory expenses.
            ``(4) Such other expenses as are deemed appropriate 
        by the Secretary.
    ``(d) The amount of financial assistance provided to a 
member under this section shall be prescribed by the Secretary, 
but may not exceed $25,000 for any academic year.
    ``(e) Financial assistance may be provided to a member 
under this section for up to 5 consecutive academic years.
    ``(f) A member who receives financial assistance under this 
section may be ordered to active duty in the Coast Guard 
Reserve by the Secretary to serve in a designated enlisted 
grade for such period as the Secretary prescribes, but not more 
than 4 years, if the member--
            ``(1) completes the academic requirements of the 
        program and refuses to accept an appointment as a 
        commissioned officer in the Coast Guard Reserve when 
        offered;
            ``(2) fails to complete the academic requirements 
        of the institution of higher education involved; or
            ``(3) fails to maintain eligibility for an original 
        appointment as a commissioned officer.
    ``(g)(1) If a member requests to be released from the 
program and the request is accepted by the Secretary, or if the 
member fails because of misconduct to complete the period of 
active duty specified, or if the member fails to fulfill any 
term or condition of the written agreement required to be 
eligible for financial assistance under this section, the 
financial assistance shall be terminated. The Secretary may 
request the member to reimburse the United States in an amount 
that bears the same ratio to the total costs of the education 
provided to that member as the unserved portion of active duty 
bears to the total period of active duty the member agreed to 
serve. The Secretary shall have the option to order such 
reimbursement without first ordering the member to active duty. 
An obligation to reimburse the United States imposed under this 
paragraph is a debt owed to the United States.
    ``(2) The Secretary may waive the service obligated under 
subsection (f) of a member who becomes unqualified to serve on 
active duty due to a circumstance not within the control of 
that member or who is not physically qualified for appointment 
and who is determined to be unqualified for service as an 
enlisted member of the Coast Guard Reserve due to a physical or 
medical condition that was not the result of the member's own 
misconduct or grossly negligent conduct.

[[Page 59]]

    ``(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

[[Page 60]]

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

[[Page 61]]

            (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 amendedby 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:

[[Page 62]]

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

[[Page 63]]

            ``(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.''.

[[Page 64]]

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

[[Page 65]]

                    (D) at least 30 days before the reversion, 
                the Secretary provides written notice to the 
                owner that the property or any part thereof is 
                needed for national security purposes.
            (2) Additional period.--The Secretary may, before 
        the last day of the 5-year period described in 
        paragraph (1), authorize an additional 5-year period 
        during which paragraph (1) shall apply.

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

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

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

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

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

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

SEC. 428. PROTECTION AGAINST DISCRIMINATION.

    (a) In General.--Section 2114(a) of title 46, United States 
Code, is amended to read as follows:
    ``(a)(1) A person may not discharge or in any manner 
discriminate against a seaman because--
            ``(A) the seaman in good faith has reported or is 
        about to report to the Coast Guard or other appropriate 
        Federal agency or department that the seaman believes 
        that a violation of a maritime safety law or regulation 
        prescribed under that law or regulation has occurred; 
        or
            ``(B) the seaman has refused to perform duties 
        ordered by the seaman's employer because the seaman has 
        a reasonable apprehension or expectation that 
        performing such duties would result in serious injury 
        to the seaman, other seamen, or the public.
    ``(2) The circumstances causing a seaman's apprehension of 
serious injury under paragraph (1)(B) must be of such a nature 
that a reasonable person, under similar circumstances, would 
conclude that there is a real danger of an injury or serious 
impairment of health resulting from the performance of duties 
as ordered by the seaman's employer.
    ``(3) To qualify for protection against the seaman's 
employer under paragraph (1)(B), the employee must have sought 
from the employer, and been unable to obtain, correction of the 
unsafe condition.''.

[[Page 66]]

    (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.''.

[[Page 67]]

    (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 sub

[[Page 68]]

ject 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).

[[Page 69]]

SEC. 438. LORAN-C.

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

SEC. 439. AUTHORIZATION OF PAYMENT.

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

SEC. 440. REPORT ON OIL SPILL RESPONDER IMMUNITY.

    (a) Report to Congress.--Not later than January 1, 2004, 
the Secretary of the department in which the Coast Guard is 
operating, jointly with the Secretary of Commerce and the 
Secretary of the Interior, and after consultation with the 
Administrator of the Environmental Protection Agency and the 
Attorney General, shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives on the immunity from criminal and civil 
penalties provided under existing law of a private responder 
(other than a responsible party) in the case of the incidental 
take of federally listed fish or wildlife that results from, 
but is not the purpose of, carrying out an otherwiselawful 
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

[[Page 70]]

        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 SafetyBoard, 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--

[[Page 71]]

            (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.''.

[[Page 72]]

      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.

[[Page 73]]

            (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.

[[Page 74]]

    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.

                                   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.

[[Page (75)]]



       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.

[[Page 76]]

            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 plans 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.

[[Page 77]]

            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 na

[[Page 78]]

tional 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 definitions 
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.

[[Page 79]]

            Foreign port assessment
      Section 70108 requires the Secretary to assess the 
effectiveness of the antiterrorism 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 in 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

[[Page 80]]

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 spill 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.

[[Page 81]]

            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.

[[Page 82]]

      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 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 na

[[Page 83]]

tions 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.

[[Page 84]]

      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.

[[Page 85]]

This extension of jurisdiction is consistentwith 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 U.S.C. 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.

[[Page 86]]

      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 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 theCoast 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 pre

[[Page 87]]

vents 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.

[[Page 88]]

                    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.

[[Page 89]]

      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'' 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.

[[Page 90]]

                  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.

[[Page 91]]

         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.

[[Page 92]]

      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

[[Page 93]]

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.
      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 requirementor 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.

[[Page 94]]

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 contains no 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 contains 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.

[[Page 95]]

      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.

[[Page 96]]

      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 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.

[[Page 97]]

      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.

[[Page 98]]

      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 mili

[[Page 99]]

tary 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

[[Page 100]]

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.
      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.

[[Page 101]]

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.

     SECTION 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.

[[Page 102]]

      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.

                   SECTION 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.

  SECTION 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 provision.
      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.

[[Page 103]]

 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 
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.

[[Page 104]]

                   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 provision.
      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 a new facility at this site for use as a marine 
safety station. The Federal share of this project may not 
exceed one 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.

[[Page 105]]

      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. Anambiguity 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 the 
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.

[[Page 106]]

                          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 the 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

[[Page 107]]

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 informationin 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 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.

[[Page 108]]

      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. AUTHORIZATION 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 and 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.

[[Page 109]]

      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.


[[Page 110]]


                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.

                                
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