[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1214 Enrolled Bill (ENR)]
S.1214
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend the Merchant Marine Act, 1936, to establish a program to ensure
greater security for United States seaports, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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enhanced use of other security personnel.

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TITLE I

-MARITIME TRANSPORTATION SECURITY

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TITLE II

-MARITIME POLICY IMPROVEMENT

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TITLE III

-COAST GUARD PERSONNEL AND MARITIME SAFETY

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operation.
Subtitle C--Renewal of Advisory Groups

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TITLE IV

-OMNIBUS MARITIME IMPROVEMENTS

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authority with Department of Defense authority.

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fulfill national defense responsibilities.

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The Congress makes the following findings:
(1) There are 361 public ports in the United States that are an
integral part of our Nation's commerce.
(2) United States ports handle over 95 percent of United States
overseas trade. The total volume of goods imported and exported
through ports is expected to more than double over the next 20
years.
(3) The variety of trade and commerce carried out at ports
includes bulk cargo, containerized cargo, passenger transport and
tourism, and intermodal transportation systems that are complex to
secure.
(4) The United States is increasingly dependent on imported
energy for a substantial share of its energy supply, and a
disruption of that share of supply would seriously harm consumers
and our economy.
(5) The top 50 ports in the United States account for about 90
percent of all the cargo tonnage. Twenty-five United States ports
account for 98 percent of all container shipments. Cruise ships
visiting foreign destinations embark from at least 16 ports.
Ferries in the United States transport 113,000,000 passengers and
32,000,000 vehicles per year.
(6) Ports often are a major locus of Federal crime, including
drug trafficking, cargo theft, and smuggling of contraband and
aliens.
(7) Ports are often very open and exposed and are susceptible
to large scale acts of terrorism that could cause a large loss of
life or economic disruption.
(8) Current inspection levels of containerized cargo are
insufficient to counter potential security risks. Technology is
currently not adequately deployed to allow for the nonintrusive
inspection of containerized cargo.
(9) The cruise ship industry poses a special risk from a
security perspective.
(10) Securing entry points and other areas of port facilities
and examining or inspecting containers would increase security at
United States ports.
(11) Biometric identification procedures for individuals having
access to secure areas in port facilities are important tools to
deter and prevent port cargo crimes, smuggling, and terrorist
actions.
(12) United States ports are international boundaries that--
(A) are particularly vulnerable to breaches in security;
(B) may present weaknesses in the ability of the United
States to realize its national security objectives; and
(C) may serve as a vector or target for terrorist attacks
aimed at the United States.
(13) It is in the best interests of the United States--
(A) to have a free flow of interstate and foreign commerce
and to ensure the efficient movement of cargo;
(B) to increase United States port security by establishing
improving communication among law enforcement officials
responsible for port security;
(C) to formulate requirements for physical port security,
recognizing the different character and nature of United States
port facilities, and to require the establishment of security
programs at port facilities;
(D) to provide financial assistance to help the States and
the private sector to increase physical security of United
States ports;
(E) to invest in long-term technology to facilitate the
private sector development of technology that will assist in
the nonintrusive timely detection of crime or potential crime
at United States ports;
(F) to increase intelligence collection on cargo and
intermodal movements to address areas of potential threat to
safety and security; and
(G) to promote private sector procedures that provide for
in-transit visibility and support law enforcement efforts
directed at managing the security risks of cargo shipments.
(14) On April 27, 1999, the President established the
Interagency Commission on Crime and Security in United States Ports
to undertake a comprehensive study of the nature and extent of the
problem of crime in our ports, as well as the ways in which
governments at all levels are responding. The Commission concluded
that frequent crimes in ports include drug smuggling, illegal car
exports, fraud, and cargo theft. Internal conspiracies are an issue
at many ports and contribute to Federal crime. Criminal
organizations are exploiting weak security at ports to commit a
wide range of cargo crimes. Intelligence and information sharing
among law enforcement agencies needs to be improved and coordinated
at many ports. A lack of minimum physical and personnel security
standards at ports and related facilities leaves many ports and
port users very vulnerable. Access to ports and operations within
ports is often uncontrolled. Security-related and detection-related
equipment, such as small boats, cameras, large-scale x-ray
machines, and vessel tracking devices, are lacking at many ports.
(15) The International Maritime Organization and other similar
international organizations are currently developing a new maritime
security system that contains the essential elements for enhancing
global maritime security. Therefore, it is in the best interests of
the United States to implement new international instruments that
establish such a system.

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

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(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.''.

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

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(a) In General.--The following provisions of the Deepwater Port Act
of 1974 (33 U.S.C. 1501 et seq.) are each amended by inserting ``or
natural gas'' after ``oil'' each place it appears:
(1) Section 2(a) (33 U.S.C. 1501(a)).
(2) Section 4(a) (33 U.S.C. 1503(a)).
(3) Section 21(a) (33 U.S.C. 1520(a)).
(b) Definitions.--Section 3 of the Deepwater Port Act of 1974 (33
U.S.C. 1502) is amended--
(1) by redesignating paragraphs (13) through (18) as paragraphs
(14) through (19), respectively;
(2) by amending paragraph (9) to read as follows:
``(9) `deepwater port'--
``(A) means any fixed or floating manmade structure other
than a vessel, or any group of such structures, that are
located beyond State seaward boundaries and that are used or
intended for use as a port or terminal for the transportation,
storage, or further handling of oil or natural gas for
transportation to any State, except as otherwise provided in
section 23, and for other uses not inconsistent with the
purposes of this Act, including transportation of oil or
natural gas from the United States outer continental shelf;
``(B) includes all components and equipment, including
pipelines, pumping stations, service platforms, buoys, mooring
lines, and similar facilities to the extent they are located
seaward of the high water mark;
``(C) in the case of a structure used or intended for such
use with respect to natural gas, includes all components and
equipment, including pipelines, pumping or compressor stations,
service platforms, buoys, mooring lines, and similar facilities
that are proposed or approved for construction and operation as
part of a deepwater port, to the extent that they are located
seaward of the high water mark and do not include
interconnecting facilities; and
``(D) shall be considered a `new source' for purposes of
the Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.);''; and
(3) by inserting after paragraph (12) the following:
``(13) `natural gas' means either natural gas unmixed, or any
mixture of natural or artificial gas, including compressed or
liquefied natural gas;''.
(c) Facility Approval.--(1) Section 5(d) of the Deepwater Port Act
of 1974 (33 U.S.C. 1504(d)) is amended by adding at the end the
following:
``(4) This subsection shall not apply to deepwater ports for
natural gas.''.
(2) Section 5(i) of the Deepwater Port Act of 1974 (33 U.S.C.
1504(i)) is amended by adding at the end the following:
``(4) The Secretary shall approve or deny any application for a
deepwater port for natural gas submitted pursuant to this Act not later
than 90 days after the last public hearing on a proposed license.
Paragraphs (1), (2), and (3) of this subsection shall not apply to an
application for a deepwater port for natural gas.''.
(d) Facility Development.--Section 8 of the Deepwater Port Act of
1974 (33 U.S.C. 1507) is amended by adding at the end the following:
``(d) Managed Access.--Subsections (a) and (b) shall not apply to
deepwater ports for natural gas. A licensee of a deepwater port for
natural gas, or an affiliate thereof, may exclusively utilize the
entire capacity of the deepwater port and storage facilities for the
acceptance, transport, storage, regasification, or conveyance of
natural gas produced, processed, marketed, or otherwise obtained by
agreement by such licensee or its affiliates. The licensee may make
unused capacity of the deepwater port and storage facilities available
to other persons, pursuant to reasonable terms and conditions imposed
by the licensee, if such use does not otherwise interfere in any way
with the acceptance, transport, storage, regasification, or conveyance
of natural gas produced, processed, marketed, or otherwise obtained by
agreement by such licensee or its affiliates.
``(e) Jurisdiction.--Notwithstanding any provision of the Natural
Gas Act (15 U.S.C. 717 et seq.), any regulation or rule issued
thereunder, or section 19 as it pertains to such Act, this Act shall
apply with respect to the licensing, siting, construction, or operation
of a deepwater natural gas port or the acceptance, transport, storage,
regasification, or conveyance of natural gas at or through a deepwater
port, to the exclusion of the Natural Gas Act or any regulation or rule
issued thereunder.''.
(e) Regulations.--
(1) Agency and department expertise and responsibilities.--Not
later than 30 days after the date of the enactment of this Act, the
heads of Federal departments or agencies having expertise
concerning, or jurisdiction over, any aspect of the construction or
operation of deepwater ports for natural gas shall transmit to the
Secretary of Transportation written comments as to such expertise
or statutory responsibilities pursuant to the Deepwater Port Act of
1974 (33 U.S.C. 1501 et seq.) or any other Federal law.
(2) Interim final rule.--The Secretary may issue an interim
final rule as a temporary regulation implementing this section
(including the amendments made by this section) as soon as
practicable after the date of enactment of this section, without
regard to the provisions of chapter 5 of title 5, United States
Code.
(3) Final rules.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Transportation shall issue
additional final rules that, in the discretion of the Secretary,
are determined to be necessary under the Deepwater Port Act of 1974
(33 U.S.C. 1501 et seq.) for the application and issuance of
licenses for a deepwater port for natural gas.
(f) Environmental Analysis.--Section 5 of the Deepwater Port Act of
1974 (33 U.S.C. 1504) is amended by striking subsection (f) and
inserting the following:
``(f) NEPA Compliance.--For all applications, the Secretary, in
cooperation with other involved Federal agencies and departments, shall
comply with the National Environmental Policy Act of 1969 (42 U.S.C.
4332). Such compliance shall fulfill the requirement of all Federal
agencies in carrying out their responsibilities under the National
Environmental Policy Act of 1969 pursuant to this Act.''.
(g) State Fees.--Section 5(h)(2) of the Deepwater Port Act of 1974
(33 U.S.C. 1504(h)(2)) is amended by inserting ``and unless prohibited
by law,'' after ``Notwithstanding any other provision of this Act,''.

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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.

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

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

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

cf45603f59ad374d46b64304386a704b57fa0557d9d90cd2ee6ff670c16199a2

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.

3dc31ab887ce80069b78fe50ef5d96a47814ac15652d8f8ab37f4cc9693c0b27

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

03e418b9a4cda6df1abb7d2217a1359e73c6bc7c7b8a0c12c5663af652664f53

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.

48695372b326378e85fba28714cc233a3c19a31e78720c2714c4acbb53348f6a

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

6c4a5332f4de0e22415583ca2a1a88dcdbbdf0366361c15541eeeebf02d1e0d1

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''.

dfaea90977d0e4b7d1bfd988c58000f4b21fb09e92952dbd7e17aea0fbd23499

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) one in 32 members of the United States Merchant Marine
serving in the Second World War died in the line of duty, suffering
a higher percentage of war-related deaths than any of the other
armed services of the United States; and
(11) the United States Merchant Marine continues to serve the
United States, promoting freedom and meeting the high ideals of its
former members.
(b) Grants To Construct Addition to American Merchant Marine
Memorial Wall of Honor.--
(1) In general.--The Secretary of Transportation may make
grants to the American Merchant Marine Veterans Memorial Committee,
Inc., to construct an addition to the American Merchant Marine
Memorial Wall of Honor located at the Los Angeles Maritime Museum
in San Pedro, California.
(2) Federal share.--The Federal share of the cost of activities
carried out with a grant made under this section shall be 50
percent.
(3) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for fiscal year
2003.

c3dfa7b8fb39dd5fa017403026742cfbb3c4577364d0251b3ba0b624c0630dec

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.

5fc1c14658b8e05fb342c2f5cb14a420f840e447f1276e44d33d4b6c1512cbba

LIEN.
(a) Liens on Any Documented Vessel.--
(1) In general.--Section 31343 of title 46, United States Code,
is amended as follows:
(A) By amending the section heading to read as follows:
``Sec. 31343. Recording and discharging notices of claim of maritime
lien''.
(B) In subsection (a) by striking ``covered by a preferred
mortgage filed or recorded under this chapter'' and inserting
``documented, or for which an application for documentation has
been filed, under chapter 121''.
(C) By amending subsection (b) to read as follows:
``(b)(1) The Secretary shall record a notice complying with
subsection (a) of this section if, when the notice is presented to the
Secretary for recording, the person having the claim files with the
notice a declaration stating the following:
``(A) The information in the notice is true and correct to the
best of the knowledge, information, and belief of the individual
who signed it.
``(B) A copy of the notice, as presented for recordation, has
been sent to each of the following:
``(i) The owner of the vessel.
``(ii) Each person that recorded under subsection (a) of
this section an unexpired notice of a claim of an undischarged
lien on the vessel.
``(iii) The mortgagee of each mortgage filed or recorded
under section 31321 of this title that is an undischarged
mortgage on the vessel.
``(2) A declaration under this subsection filed by a person that is
not an individual must be signed by the president, member, partner,
trustee, or other individual authorized to execute the declaration on
behalf of the person.''.
(D) By amending subsection (c) to read as follows:
``(c)(1) On full and final discharge of the indebtedness that is
the basis for a notice of claim of lien recorded under subsection (b)
of this section, the person having the claim shall provide the
Secretary with an acknowledged certificate of discharge of the
indebtedness. The Secretary shall record the certificate.
``(2) The district courts of the United States shall have
jurisdiction over a civil action in Admiralty to declare that a vessel
is not subject to a lien claimed under subsection (b) of this section,
or that the vessel is not subject to the notice of claim of lien, or
both, regardless of the amount in controversy or the citizenship of the
parties. Venue in such an action shall be in the district where the
vessel is found or where the claimant resides or where the notice of
claim of lien is recorded. The court may award costs and attorneys fees
to the prevailing party, unless the court finds that the position of
the other party was substantially justified or other circumstances make
an award of costs and attorneys fees unjust. The Secretary shall record
any such declaratory order.''.
(E) By adding at the end the following:
``(e) A notice of claim of lien recorded under subsection (b) of
this section shall expire 3 years after the date the lien was
established, as such date is stated in the notice under subsection (a)
of this section.
``(f) This section does not alter in any respect the law pertaining
to the establishment of a maritime lien, the remedy provided by such a
lien, or the defenses thereto, including any defense under the doctrine
of laches.''.
(2) Clerical amendment.--The table of sections for chapter 313
of title 46, United States Code, is amended by striking the item
relating to section 31343 and inserting the following:
``31343. Recording and discharging notices of claim of maritime lien.''.
(b) Notice Requirements.--Section 31325 of title 46, United States
Code, is amended as follows:
(1) In subsection (d)(1)(B) by striking ``a notice of a claim''
and inserting ``an unexpired notice of a claim''.
(2) In subsection (f)(1) by striking ``a notice of a claim''
and inserting ``an unexpired notice of a claim''.
(c) Approval of Surrender of Documentation.--Section 12111 of title
46, United States Code, is amended by adding at the end the following:
``(d)(1) The Secretary shall not refuse to approve the surrender of
the certificate of documentation for a vessel solely on the basis that
a notice of a claim of a lien on the vessel has been recorded under
section 31343(a) of this title.
``(2) The Secretary may condition approval of the surrender of the
certificate of documentation for a vessel over 1,000 gross tons.''.
(d) Technical Correction.--Section 9(c) of the Shipping Act, 1916
(46 App. U.S.C. 808(c)) is amended in the matter preceding paragraph
(1) by striking ``Except'' and all that follows through ``12106(e) of
title 46,'' and inserting ``Except as provided in section 611 of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1181) and in section 12106(e)
of title 46,''.
(e) Effective Date.--This section shall take effect January 1,
2003.

c3be6eb0bec5c484b59485b161bc1af7802f97d0e6596c5c55770022802234fb

(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.

a0cc393a366cd9c802fad8d7941b148d4f92c72e94ca0fa662f61cf9c79afe73

(a) In General.--Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June 19, 1886
(24 Stat. 81, chapter 421; 46 App. U.S.C. 289), and sections 12106 and
12108 of title 46, United States Code, the Secretary of the department
in which the Coast Guard is operating may issue a certificate of
documentation with appropriate endorsement for employment in the
coastwise trade for the following vessels:
(1) LOOKING GLASS (United States official number 925735).
(2) YANKEE (United States official number 1076210).
(3) LUCKY DOG of St. Petersburg, Florida (State of Florida
registration number FLZP7569E373).
(4) ENTERPRIZE (United States official number 1077571).
(5) M/V SANDPIPER (United States official number 1079439).
(6) FRITHA (United States official number 1085943).
(7) PUFFIN (United States official number 697029).
(8) VICTORY OF BURNHAM (United States official number 663780).
(9) R'ADVENTURE II (United States official number 905373).
(10) ANTJA (State of Florida registration number FL3475MA).
(11) SKIMMER, manufactured by Contour Yachts, Inc. (hull
identification number QHG34031D001).
(12) TOKEENA (State of South Carolina registration number SC
1602 BJ).
(13) DOUBLE EAGLE 2 (United States official number 1042549).
(14) ENCOUNTER (United States official number 998174).
(15) AJ (United States official number 599164).
(16) BARGE 10 (United States official number 1101368).
(17) NOT A SHOT (United States official number 911064).
(18) PRIDE OF MANY (Canadian official number 811529).
(19) AMAZING GRACE (United States official number 92769).
(20) SHEWHO (United States official number 1104094).
(21) SOVEREIGN (United States official number 1028144).
(22) CALEDONIA (United States official number 679530).
(23) ISLANDER (State of South Carolina identification number SC
9279 BJ).
(24) F/V ANITA J (United States official number 560532).
(25) F/V HALF MOON BAY (United States official number 615796).
(26) F/V SUNSET BAY (United States official number 598484).
(27) BILLIE-B (United States official number 958427).
(b) Eligibility for Administrative Waivers.--The following vessels
are deemed to be eligible vessels within the meaning of section 504(2)
of the Coast Guard Authorization Act of 1998 (46 U.S.C. 12106 note):
(1) EXCELLENCE III (hull identification number HQZ00255K101).
(2) ADIOS (hull identification number FAL75003A101).
(3) LAUDERDALE LADY (United States official number 1103520).
(4) UNIT ONE (United States official number 1128562).
(c) Repeal of Jones Act Waiver Administrative Process Sunset; Anti-
fraud Revocation Authority.--
(1) Repeal of sunset.--Section 505 of the Coast Guard
Authorization Act of 1998 (46 U.S.C. 12106 note) is repealed. The
repeal of section 505 shall have no effect on the validity of any
certificate or endorsement issued under section 502 of that Act.
(2) Revocation for fraud.--Section 503 of the Coast Guard
Authorization Act of 1998 (46 U.S.C. 12106 note) is amended to read
as follows:
``SEC. 503. REVOCATION.
``(a) Revocation for Fraud.--The Secretary shall revoke a
certificate or an endorsement issued under section 502, after notice
and an opportunity for a hearing, if the Secretary determines that the
certificate or endorsement was obtained by fraud.
``(b) Application With Criminal Penalties.--Nothing in this section
affects--
``(1) the criminal prohibition on fraud and false statements
provided by section 1001 of title 18, United States Code; or
``(2) any other authority of the Secretary to revoke a
certificate or endorsement issued under section 502 of this Act.''.
(d) Technology Demonstration Waiver.--Notwithstanding section 27 of
the Merchant Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the
Act of June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 289),
and sections 12106 and 12108 of title 46, United States Code, the
Secretary of Transportation may issue a certificate of documentation
with appropriate endorsement for the sole purpose of technology
demonstrations (including transporting guests for such demonstration
who have not contributed consideration for their passage) for the
vessel FOILCAT (United States official number 1063892).

4e93ef286d5f98b8e55a182ac5b40a5ba07859e6fd31ff64c5b52bb940127a56

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.''.

b01049896ddc3a357608ba37964f8464f908073809f9f4b2eaf0f495cc401bf4

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

06733a1b5f322d6bf9f09f8b44b1423bca417a36398a2be4f57886051bcaeaa2

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.

9b7d10a65338011f5d4e9ff8ea6ada489c701b2a7760d9d0a0df0e0e30f6190e

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.

7f5184fa5de62d741f4e535cbf478ca27de51a8ccea175e5ef9459a7002533db

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.

de9d055911a579afd2f2469f2cce5e39b22c5d0927ea343b6fd207f91bb44588

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

7df8524924f0f04927a3fc1bdbc67f68401d165ab6c88915f7e060c47b3a1c31

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

a94f3f0ec60bcddc00d43251c3d1cb88498ce30e023ed889dd4e6b890913824c

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

fcfabd061fa34a74ad6a0ac7986325cabe24e257d0a138e798f74a0fa5e26ca2

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

ed8d66ce8b8930287c2c5bedc77e9993a8bacf2aa323481326593a06bdc72cbb

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

a214980db008ad975bfcbf833472c5373025869c14fb7606b351bd2b782071c6

(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.''.

eb9dfe6ad29b6a4b7c5e6b8e8db68c65902aa662744f2dbb81f9c9e02df6f338

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

4bfe55ae8761fa3f3f9c2a2fa58af539a475ea21aefb0f41e99d03dc9d5c12eb

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.''.

e5d85772066af1a8561ed9be510cb81f7c2c817b29301a410d1a316274fe1fe7

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

7852b75b309db2ce9e89f4d9c5edee221791d194d1c762d2d24c5e2eceed1559

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.''.

321f0ed0f05b1ac200b1d2aba8cb54176fa768272179c104166e89f5d2dcf020

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

71b87af28c8952493c191517443d540f1f83e8df13c16aa332bf4940fd3c7455

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

0829f8892c3ed8e040535a4b75c0e590e6519743fd3aacf70997b6a99848148c

(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.''.

868c44eb4c2e9d4a18d2bf0182f30ec829d63c5c132da826b0a68dcdefe8148c

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.''.

fe5507901f14f005d4d2a130e5505a7b295cee269e3d8c4f770db4289c67102c

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''.

790526cc582cf1609492df7b861ba702cf33809906c595430551eaca410e93e8

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''.

881b7cbe0529c186b6e51993427029a61f68f6f15001274443c4fde2259d4482

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

da871e21061e775a20ba869f2260bf9ed3f94b4210de0a10b1fbec8f45a1e326

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

bde523f7117fed2db2cbdec0dcaffd3bf912c3fdd54e147a5484b22b817b4511

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.

1724f725cdae287c488bec6bcd40025180df82a42cef655e767739da3982a0e9

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

8bd38239be98c9bb77e86256b7620f4968b2f2591b2685833dec6babab6c9e28

(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.

1f34fc6f7a6a0d8bc5231b3107007abf461117408972b53e4a1713ff500c52fb

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

2c3281fabf73e7488ccbc83400e0ab5550d6ddecfdc995d11e04315dd8873ab1

(a) Findings.--The Congress finds the following:
(1) The Great Lakes are home to more than 400 lighthouses. One
hundred and twenty of these maritime landmarks are in the State of
Michigan.
(2) Lighthouses are an important part of Great Lakes culture
and stand as a testament to the importance of shipping in the
region's political, economic, and social history.
(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.

f7b8c2643280a0ce4a2f2a718cd405a5a8f11222154a1014cab4ab79ed1650f3

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

5b52bb3ea51cf3132f87a729b728a7958fc12d485f60daad6a80fcd58d2ed555

(a) Authority To Convey.--
(1) In general.--The Secretary of the department in which the
Coast Guard is operating, or a designee of the Secretary, may
convey to the Gulf of Maine Aquarium Development Corporation, its
successors and assigns, without payment for consideration, all
right, title, and interest of the United States in and to
approximately 4.13 acres of land, including a pier and bulkhead,
known as the Naval Reserve Pier property, together with any
improvements thereon in their then current condition, located in
Portland, Maine. All conditions placed with the deed of title shall
be construed as covenants running with the land.
(2) Identification of property.--The Secretary, in consultation
with the Commandant of the Coast Guard, may identify, describe, and
determine the property to be conveyed under this section. The
floating docks associated with or attached to the Naval Reserve
Pier property shall remain the personal property of the United
States.
(b) Lease to the United States.--
(1) Condition of conveyance.--The Naval Reserve Pier property
shall not be conveyed until the Corporation enters into a lease
agreement with the United States, the terms of which are mutually
satisfactory to the Commandant and the Corporation, in which the
Corporation shall lease a portion of the Naval Reserve Pier
property to the United States for a term of 30 years without
payment of consideration. The lease agreement shall be executed
within 12 months after the date of enactment of this Act.
(2) Identification of leased premises.--The Secretary, in
consultation with the Commandant, may identify and describe the
leased premises and rights of access, including the following, in
order to allow the Coast Guard to operate and perform missions from
and upon the leased premises:
(A) The right of ingress and egress over the Naval Reserve
Pier property, including the pier and bulkhead, at any time,
without notice, for purposes of access to Coast Guard vessels
and performance of Coast Guard missions and other mission-
related activities.
(B) The right to berth Coast Guard cutters or other vessels
as required in the moorings along the east side of the Naval
Reserve Pier property and the right to attach floating docks
which shall be owned and maintained at the United States sole
cost and expense.
(C) The right to operate, maintain, remove, relocate, or
replace an aid to navigation located upon, or to install any
aid to navigation upon, the Naval Reserve Pier property as the
Coast Guard, in its sole discretion, may determine is needed
for navigational purposes.
(D) The right to occupy up to 3,000 contiguous gross square
feet at the Naval Reserve Pier property for storage and office
space, which will be provided and constructed by the
Corporation, at the Corporation's sole cost and expense, and
which will be maintained, and utilities and other operating
expenses paid for, by the United States at its sole cost and
expense.
(E) The right to occupy up to 1,200 contiguous gross square
feet of offsite storage in a location other than the Naval
Reserve Pier property, which will be provided by the
Corporation at the Corporation's sole cost and expense, and
which will be maintained, and utilities and other operating
expenses paid for, by the United States at its sole cost and
expense.
(F) The right for Coast Guard personnel to park up to 60
vehicles, at no expense to the Government, in the Corporation's
parking spaces on the Naval Reserve Pier property or in parking
spaces that the Corporation may secure within 1,000 feet of the
Naval Reserve Pier property or within 1,000 feet of the Coast
Guard Marine Safety Office Portland. Spaces for no less than 30
vehicles shall be located on the Naval Reserve Pier property.
(3) Renewal.--The lease described in paragraph (1) may be
renewed, at the sole option of the United States, for additional
lease terms.
(4) Limitation on subleases.--The United States may not
sublease the leased premises to a third party or use the leased
premises for purposes other than fulfilling the missions of the
Coast Guard and for other mission related activities.
(5) Termination.--In the event that the Coast Guard ceases to
use the leased premises, the Secretary, in consultation with the
Commandant, may terminate the lease with the Corporation.
(c) Improvement of Leased Premises.--
(1) In general.--The Naval Reserve Pier property shall not be
conveyed until the Corporation enters into an agreement with the
United States, subject to the Commandant's design specifications,
project's schedule, and final project approval, to replace the
bulkhead and pier which connects to, and provides access from, the
bulkhead to the floating docks, at the Corporation's sole cost and
expense, on the east side of the Naval Reserve Pier property within
30 months from the date of conveyance. The agreement to improve the
leased premises shall be executed within 12 months after the date
of enactment of this Act.
(2) Further improvements.--In addition to the improvements
described in paragraph (1), the Commandant may further improve the
leased premises during the lease term, at the United States sole
cost and expense.
(d) Utility Installation and Maintenance Obligations.--
(1) Utilities.--The Naval Reserve Pier property shall not be
conveyed until the Corporation enters into an agreement with the
United States to allow the United States to operate and maintain
existing utility lines and related equipment, at the United States
sole cost and expense. At such time as the Corporation constructs
its proposed public aquarium, the Corporation shall replace
existing utility lines and related equipment and provide additional
utility lines and equipment capable of supporting a third 110-foot
Coast Guard cutter, with comparable, new, code compliant utility
lines and equipment at the Corporation's sole cost and expense,
maintain such utility lines and related equipment from an agreed
upon demarcation point, and make such utility lines and equipment
available for use by the United States, if the United States pays
for its use of utilities at its sole cost and expense. The
agreement concerning the operation and maintenance of utility lines
and equipment shall be executed within 12 months after the date of
enactment of this Act.
(2) Maintenance.--The Naval Reserve Pier property shall not be
conveyed until the Corporation enters into an agreement with the
United States to maintain, at the Corporation's sole cost and
expense, the replacement bulkhead and pier on the east side of the
Naval Reserve Pier property. The agreement concerning the
maintenance of the bulkhead and pier shall be executed within 12
months after the date of enactment of this Act.
(3) Aids to navigation.--The United States shall be required to
maintain, at its sole cost and expense, any Coast Guard active aid
to navigation located upon the Naval Reserve Pier property.
(e) Additional Rights.--The conveyance of the Naval Reserve Pier
property shall be made subject to conditions the Secretary considers
necessary to ensure that--
(1) the Corporation shall not interfere or allow interference,
in any manner, with use of the leased premises by the United
States; and
(2) the Corporation shall not interfere or allow interference,
in any manner, with any aid to navigation nor hinder activities
required for the operation and maintenance of any aid to
navigation, without the express written permission of the head of
the agency responsible for operating and maintaining the aid to
navigation.
(f) Remedies and Reversionary Interest.--The Naval Reserve Pier
property, at the option of the Secretary, shall revert to the United
States and be placed under the administrative control of the Secretary,
if, and only if, the Corporation fails to abide by any of the terms of
this section or any agreement entered into under subsection (b), (c),
or (d) of this section.
(g) Liability of the Parties.--The liability of the United States
and the Corporation for any injury, death, or damage to or loss of
property occurring on the leased property shall be determined with
reference to existing State or Federal law, as appropriate, and any
such liability may not be modified or enlarged by this title or any
agreement of the parties.
(h) Expiration of Authority To Convey.--The authority to convey the
Naval Reserve property under this section shall expire 3 years after
the date of enactment of this Act.
(i) Definitions.--In this section, the following definitions apply:
(1) Aid to navigation.--The term ``aid to navigation'' means
equipment used for navigational purposes, including a light,
antenna, sound signal, electronic navigation equipment, cameras,
sensors power source, or other related equipment which are operated
or maintained by the United States.
(2) Corporation.--The term ``Corporation'' means the Gulf of
Maine Aquarium Development Corporation, its successors and assigns.

4bada1dfea72dc04aa906e42e2c19e66542f2483d7fc3a4f65a42e12a60388e5

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

6280c79ed8b8df385cb7a6440bad4cc6263dba8057d8879630130ce09d54188d

(a) Authority To Convey.--
(1) In general.--The Secretary of the department in which the
Coast Guard is operating may convey, by an appropriate means of
conveyance, all right, title, and interest of the United States in
and to each of the following properties:
(A) Coast Guard Slip Point Light Station, located in
Clallam County, Washington, to Clallam County, Washington.
(B) The parcel of land on which is situated the Point Pinos
Light, located in Monterey County, California, to the city of
Pacific Grove, California.
(2) Identification of property.--The Secretary may identify,
describe, and determine the property to be conveyed under this
subsection.
(3) Limitation.--The Secretary may not under this section
convey--
(A) any historical artifact, including any lens or lantern,
located on the property at or before the time of the
conveyance; or
(B) any interest in submerged land.
(b) General Terms and Conditions.--
(1) In general.--Each conveyance of property under this section
shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions required by this
section and other terms and conditions the Secretary may
consider appropriate, including the reservation of easements
and other rights on behalf of the United States.
(2) Reversionary interest.--In addition to any term or
condition established under this section, each conveyance of
property under this section shall be subject to the condition that
all right, title, and interest in the property shall immediately
revert to the United States if--
(A) the property, or any part of the property--
(i) ceases to be available and accessible to the
public, on a reasonable basis, for educational, park,
recreational, cultural, historic preservation, or other
similar purposes specified for the property in the terms of
conveyance;
(ii) ceases to be maintained in a manner that is
consistent with its present or future use as a site for
Coast Guard aids to navigation or compliance with this
section; or
(iii) ceases to be maintained in a manner consistent
with the conditions in paragraph (4) established by the
Secretary pursuant to the National Historic Preservation
Act (16 U.S.C. 470 et seq.); or
(B) at least 30 days before that reversion, the Secretary
provides written notice to the owner that the property is
needed for national security purposes.
(3) Maintenance of navigation functions.--Each conveyance of
property under this section shall be made subject to the conditions
that the Secretary considers to be necessary to assure that--
(A) the lights, antennas, and associated equipment located
on the property conveyed that are active aids to navigation
shall continue to be operated and maintained by the United
States for as long as they are needed for this purpose;
(B) the owner of the property may not interfere or allow
interference in any manner with aids to navigation without
express written permission from the Commandant of the Coast
Guard;
(C) there is reserved to the United States the right to
relocate, replace, or add any aid to navigation or make any
changes to the property conveyed as may be necessary for
navigational purposes;
(D) the United States shall have the right, at any time, to
enter the property without notice for the purpose of operating,
maintaining, and inspecting aids to navigation and for the
purpose of enforcing compliance with this subsection; and
(E) the United States shall have an easement of access to
and across the property for the purpose of maintaining the aids
to navigation in use on the property.
(4) Maintenance of property.--(A) Subject to subparagraph (B),
the owner of a property conveyed under this section shall maintain
the property in a proper, substantial, and workmanlike manner, and
in accordance with any conditions established by the conveying
authority pursuant to the National Historic Preservation Act (16
U.S.C. 470 et seq.) and other applicable laws.
(B) The owner of a property conveyed under this section is not
required to maintain any active aid to navigation equipment on the
property, except private aids to navigation permitted under section
83 of title 14, United States Code.
(c) Special Terms and Conditions.--The Secretary may retain all
right, title, and interest of the United States in and to any portion
of any parcel referred to in subsection (a)(1)(B) that the Secretary
considers appropriate.
(d) Definitions.--In this section, the following definitions apply:
(1) Aids to navigation.--The term ``aids to navigation'' means
equipment used for navigation purposes, including a light, antenna,
radio, sound signal, electronic navigation equipment, or other
associated equipment which are operated or maintained by the United
States.
(2) Owner.--The term ``owner'' means, for a property conveyed
under this section, the person identified in subsection (a)(1) of
the property and includes any successor or assign of that person.

d846c24b0bea711b81017dc089c4d4bb825580ba7432db974d9a054a39b4b9f5

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

7501206e60676edb9433f4d1fe7eb7fae27565e3844e5dfb47c00a2c83bab57b

(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''.

c57eb1e5705bb8be2cf4ea56421cf1d9cb66040a7544faca2cd99fa070074e28

REPAIR.
(a) Inventory.--The Secretary of Transportation shall develop,
maintain, and periodically update an inventory of vessels that are
documented under chapter 121 of title 46, United States Code, are 200
feet or more in length, and have the capability to lay, maintain, or
repair a submarine cable, without regard to whether a particular vessel
is classified as a cable ship or cable vessel.
(b) Vessel information.--For each vessel listed in the inventory,
the Secretary shall include in the inventory--
(1) the name, length, beam, depth, and other distinguishing
characteristics of the vessel;
(2) the abilities and limitations of the vessel with respect to
the laying, maintaining, and repairing of a submarine cable; and
(3) the name and address of the person to whom inquiries
regarding the vessel may be made.
(c) Publication.--The Secretary shall--
(1) not later than 60 days after the date of enactment of this
Act, publish in the Federal Register a current inventory developed
under subsection (a); and
(2) every 6 months thereafter, publish in the Federal Register
an updated inventory.

e96001072e50f4b3ad04499073eea2a2ea5b39c9d2106c8f86975f1d11994aec

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

97fa3fa99a4e391d3c2347d09c65a65bc45bbf72d54787d7fa9ff24d8a375eab

(a) In General.--Title 14, United States Code, is amended--
(1) by redesignating the second section 673 and section 674 in
order as sections 674 and 675; and
(2) by adding at the end of chapter 17 the following:
``Sec. 676. Search and rescue center standards
``(a) The Secretary shall establish, implement, and maintain the
minimum standards necessary for the safe operation of all Coast Guard
search and rescue center facilities, including with respect to the
following:
``(1) The lighting, acoustics, and temperature in the
facilities.
``(2) The number of individuals on a shift in the facility
assigned search and rescue responsibilities (including
communications), which may be adjusted based on seasonal workload.
``(3) The length of time an individual may serve on watch to
minimize fatigue, based on the best scientific information
available.
``(4) The scheduling of individuals having search and rescue
responsibilities to minimize fatigue of the individual when on duty
in the facility.
``(5) The workload of each individual engaged in search and
rescue responsibilities in the facility.
``(6) Stress management for the individuals assigned search and
rescue responsibilities in the facilities.
``(7) The design of equipment and facilities to minimize
fatigue and enhance search and rescue operations.
``(8) The acquisition and maintenance of interim search and
rescue command center communications equipment.
``(9) Any other requirements that the Secretary believes will
increase the safe operation of the search and rescue centers.
``(b) Sense of Congress.--It is the sense of the Congress that the
Secretary should establish, implement, and maintain minimum standards
necessary to ensure that an individual on duty or watch in a Coast
Guard search and rescue command center facility does not work more than
12 hours in a 24-hour period, except in an emergency or unforeseen
circumstances.
``(c) Definition.--For the purposes of this section, the term
`search and rescue center facility' means a Coast Guard shore facility
that maintains a search and rescue mission coordination and
communications watch.
``(d) Report to Congress.--The Secretary shall provide a quarterly
written report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure, describing the status of
implementation of the standards described in subsection (b), including
a list of the facilities at which such standards have or have not been
implemented.''.
(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.''.

3dc663f61b13489afaf7c80759a5cf1d027047f68f9e59bb2d0e2d97739a54ee

(a) The Secretary of the department in which the Coast Guard is
operating may authorize a person providing commercial VHF
communications services to place commercial VHF communications
equipment on real property under the administrative control of the
Coast Guard (including towers) subject to any terms agreed to by the
parties. The Secretary and that commercial VHF communications service
provider also may enter into an agreement providing for VHF
communications services to the Coast Guard (including digital selective
calling and radio direction finding services) at a discounted rate or
price based on providing such access to real property under the
administrative control of the Coast Guard.
(b) Commercial VHF communication equipment placed on real property
under the administrative control of the Coast Guard under this section
shall not interfere in any manner with any current or future Coast
Guard communication equipment.
(c) Nothing in this section shall affect the rights or obligations
of the United States under section 704(c) of the Telecommunications Act
of 1996 (47 U.S.C. 332 note) with respect to the availability of
property or under section 359(d) of the Communications Act of 1934 (47
U.S.C. 357(d)) with respect to charges for transmission of distress
messages.

9acf271eae9fefe58337bf44dd086857cf604363767d25924457d6909d144830

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.

34052be142ebc4126256110bfafd131d4d8119d113f793c3b450b17a0f206c09

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

aab9b57b53029ccf9aa4f26e14acff4144769a61d7b5b5d0b10ae9abd394c0d2

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''.

99ed8b0a18ec52eaa9f8de74d25b7cdcfa3e7b029c9ae3534c8376d7488b0656

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.

3e4061b778d349bded0a4b9ea703f931454ee2a9b3dad399040b14688f79c106

(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,''.

22fcac9fc80cb2fb31f1d55c512d16bf9f9bd94414dcef161400748671ec1e74

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

6144221b0fef8a6c67cdd2234625665762a88616aa1acf207011870bf496daa5

(a) In General.--Chapter 21 of title 14, United States Code, is
amended by inserting after section 709 the following new section:
``Sec. 709a. Reserve student pre-commissioning assistance program
``(a) The Secretary may provide financial assistance to an eligible
enlisted member of the Coast Guard Reserve, not on active duty, for
expenses of the member while the member is pursuing on a full-time
basis at an institution of higher education a program of education
approved by the Secretary that leads to--
``(1) a baccalaureate degree in not more than 5 academic years;
or
``(2) a post-baccalaureate degree.
``(b)(1) To be eligible for financial assistance under this
section, an enlisted member of the Coast Guard Reserve shall--
``(A) be enrolled on a full-time basis in a program of
education referred to in subsection (a) at any institution of
higher education; and
``(B) enter into a written agreement with the Coast Guard
described in paragraph (2).
``(2) A written agreement referred to in paragraph (1)(B) is an
agreement between the member and the Secretary in which the member
agrees--
``(A) to accept an appointment as a commissioned officer in the
Coast Guard Reserve, if tendered;
``(B) to serve on active duty for up to five years; and
``(C) under such terms and conditions as shall be prescribed by
the Secretary, to serve in the Coast Guard Reserve until the eighth
anniversary of the date of the appointment.
``(c) Expenses for which financial assistance may be provided under
this section are the following:
``(1) Tuition and fees charged by the institution of higher
education involved.
``(2) The cost of books.
``(3) In the case of a program of education leading to a
baccalaureate degree, laboratory expenses.
``(4) Such other expenses as are deemed appropriate by the
Secretary.
``(d) The amount of financial assistance provided to a member under
this section shall be prescribed by the Secretary, but may not exceed
$25,000 for any academic year.
``(e) Financial assistance may be provided to a member under this
section for up to 5 consecutive academic years.
``(f) A member who receives financial assistance under this section
may be ordered to active duty in the Coast Guard Reserve by the
Secretary to serve in a designated enlisted grade for such period as
the Secretary prescribes, but not more than 4 years, if the member--
``(1) completes the academic requirements of the program and
refuses to accept an appointment as a commissioned officer in the
Coast Guard Reserve when offered;
``(2) fails to complete the academic requirements of the
institution of higher education involved; or
``(3) fails to maintain eligibility for an original appointment
as a commissioned officer.
``(g)(1) If a member requests to be released from the program and
the request is accepted by the Secretary, or if the member fails
because of misconduct to complete the period of active duty specified,
or if the member fails to fulfill any term or condition of the written
agreement required to be eligible for financial assistance under this
section, the financial assistance shall be terminated. The Secretary
may request the member to reimburse the United States in an amount that
bears the same ratio to the total costs of the education provided to
that member as the unserved portion of active duty bears to the total
period of active duty the member agreed to serve. The Secretary shall
have the option to order such reimbursement without first ordering the
member to active duty. An obligation to reimburse the United States
imposed under this paragraph is a debt owed to the United States.
``(2) The Secretary may waive the service obligated under
subsection (f) of a member who becomes unqualified to serve on active
duty due to a circumstance not within the control of that member or who
is not physically qualified for appointment and who is determined to be
unqualified for service as an enlisted member of the Coast Guard
Reserve due to a physical or medical condition that was not the result
of the member's own misconduct or grossly negligent conduct.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of a written agreement entered into
under subsection (b) does not discharge the individual signing the
agreement from a debt arising under such agreement or under paragraph
(1).
``(h) As used in this section, the term `institution of higher
education' has the meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).''.
(b) Clerical Amendment.--The table of sections for chapter 21 of
title 14, United States Code, is amended by adding the following new
item after the item relating to section 709:
``709a. Reserve student pre-commissioning assistance program.''.

6aa7348d0c3141b7055b293c9d93db799261f072c7324ac3316d1b1d40b00873

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.''.

6be74a471a90b57881fda6450add0fbb484316012f6932db846833dfb244033e

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.''.

3e5beb9a21a795c9754974d724560fc8262927c2c90fd864bc6218906c5903c6

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

dd89ed65d22c6c7285122f77abfe1516011b0c94cdcbf88514b5adae0be6f80d

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

831949136d5e2824fab40234f08da1c9c9d9c4f5dd262bf4de740d10bb36213d

(a) In General.--Section 3 of the Maritime Drug Law Enforcement Act
(46 App. U.S.C. 1903) is amended--
(1) in subsection (c)(1)(D), by striking ``and'';
(2) in subsection (c)(1)(E), by striking ``United States.'' and
inserting ``United States; and''; and
(3) by inserting after subsection (c)(1)(E) the following:
``(F) a vessel located in the contiguous zone of the United
States, as defined in Presidential Proclamation 7219 of September
2, 1999, and (i) is entering the United States, (ii) has departed
the United States, or (iii) is a hovering vessel as defined in
section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).''.
(b) Maritime Drug Law Enforcement Amendment.--Section 4 of the
Maritime Drug Law Enforcement Act (46 App. U.S.C. 1904) is amended--
(1) by inserting ``(a)'' before ``Any property''; and
(2) by adding at the end the following:
``(b) Practices commonly recognized as smuggling tactics may
provide prima facie evidence of intent to use a vessel to commit, or to
facilitate the commission of, an offense under this Act, and may
support seizure and forfeiture of the vessel, even in the absence of
controlled substances aboard the vessel. The following indicia, among
others, may be considered, in the totality of the circumstances, to be
prima facie evidence that a vessel is intended to be used to commit, or
to facilitate the commission of an offense under this Act:
``(1) The construction or adaptation of the vessel in a manner
that facilitates smuggling, including--
``(A) the configuration of the vessel to ride low in the
water or present a low hull profile to avoid being detected
visually or by radar;
``(B) the presence of any compartment or equipment which is
built or fitted out for smuggling, not including items such as
a safe or lock-box reasonably used for the storage of personal
valuables;
``(C) the presence of an auxiliary tank not installed in
accordance with applicable law or installed in such a manner as
to enhance the vessel's smuggling capability;
``(D) the presence of engines that are excessively over-
powered in relation to the design and size of the vessel;
``(E) the presence of materials used to reduce or alter the
heat or radar signature of the vessel and avoid detection;
``(F) the presence of a camouflaging paint scheme, or of
materials used to camouflage the vessel, to avoid detection; or
``(G) the display of false vessel registration numbers,
false indicia of vessel nationality, false vessel name, or
false vessel homeport.
``(2) The presence or absence of equipment, personnel, or cargo
inconsistent with the type or declared purpose of the vessel.
``(3) The presence of excessive fuel, lube oil, food, water, or
spare parts, inconsistent with legitimate vessel operation,
inconsistent with the construction or equipment of the vessel, or
inconsistent with the character of the vessel's stated purpose.
``(4) The operation of the vessel without lights during times
lights are required to be displayed under applicable law or
regulation and in a manner of navigation consistent with smuggling
tactics used to avoid detection by law enforcement authorities.
``(5) The failure of the vessel to stop or respond or heave to
when hailed by government authority, especially where the vessel
conducts evasive maneuvering when hailed.
``(6) The declaration to government authority of apparently
false information about the vessel, crew, or voyage or the failure
to identify the vessel by name or country of registration when
requested to do so by government authority.
``(7) The presence of controlled substance residue on the
vessel, on an item aboard the vessel, or on a person aboard the
vessel, of a quantity or other nature which reasonably indicates
manufacturing or distribution activity.
``(8) The use of petroleum products or other substances on the
vessel to foil the detection of controlled substance residue.
``(9) The presence of a controlled substance in the water in
the vicinity of the vessel, where given the currents, weather
conditions, and course and speed of the vessel, the quantity or
other nature is such that it reasonably indicates manufacturing or
distribution activity.''.

5f3d95aebe199091fd9e8a67ebfefd15cb345d81a3924ca2b8e34c9b3312867b

(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.''.

b97baa5aea82b3c1af2b1b879279ac73d839c11d96259b5847007839e04b4747

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

4148077d45ea5a631de538cebd0d1e4ac9da6c664504e89c6b77b66027e37d92

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

41355a1c24e798c7fc8018a4f833c7943951e413ff3123fe7c164cde202cd2fe

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.''.

2666dd32e92734ff116b2ee2d6f9da3f3ae547c05fa7631d34698962513f9ee9

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.''.

cedb21787b35b2fd05c8fb534a3c6c277bcabb7aadce2d9048fa8570ea08abc0

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

99b43de6b1256be9c8cf183662e8c24d4124cbc7c97755a3a31b012f62c3d5fb

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''.

7a1a865baabedce8f6ccbc208e9e213a536519d80dee17331a09828815e3c849

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.

e6802fc74ae547d300f886e72ab74547024da84e779a05c9499c783244e48151

Port and Maritime Security bill — S. 1214

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

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