[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.
[[Page 2]]
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.
[[Page 3]]
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
[[Page 4]]
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
[[Page 5]]
(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:
[[Page 6]]
``(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).
[[Page 7]]
``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.
[[Page 8]]
``(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.
[[Page 9]]
``(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.
[[Page 10]]
``(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--
[[Page 11]]
``(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.