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pdfPUBLIC LAW 107–295—NOV. 25, 2002
MARITIME TRANSPORTATION SECURITY ACT
OF 2002
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116 STAT. 2064
PUBLIC LAW 107–295—NOV. 25, 2002
Public Law 107–295
107th Congress
An Act
Nov. 25, 2002
[S. 1214]
Maritime
Transportation
Security Act of
2002.
46 USC 2101
note.
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Maritime
Transportation Security Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec.
Sec.
Sec.
Sec.
Sec.
109.
110.
111.
112.
113.
TITLE I—MARITIME TRANSPORTATION SECURITY
Findings.
Port security.
International seafarer identification.
Extension of seaward jurisdiction.
Suspension of limitation on strength of Coast Guard.
Extension of Deepwater Port Act to natural gas.
Assignment of Coast Guard personnel as sea marshals and enhanced use
of other security personnel.
Technical amendments concerning the transmittal of certain information
to the Customs Service.
Maritime security professional training.
Additional reports.
Performance standards.
Report on foreign-flag vessels.
Revision of Port Security Planning Guide.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
201.
202.
203.
204.
205.
206.
207.
208.
209.
210.
211.
212.
213.
214.
215.
TITLE II—MARITIME POLICY IMPROVEMENT
Short title.
Vessel COASTAL VENTURE.
Expansion of American Merchant Marine Memorial Wall of Honor.
Discharge of agricultural cargo residue.
Recording and discharging notices of claim of maritime lien.
Tonnage of R/V DAVIDSON.
Miscellaneous certificates of documentation.
Exemption for Victory Ships.
Certificate of documentation for 3 barges.
Certificate of documentation for the EAGLE.
Waiver for vessels in New World Challenge Race.
Vessel ASPHALT COMMANDER.
Coastwise trade authorization.
Jones Act waiver for delayed vessel delivery.
Realignment of policy responsibility in the Department of Transportation.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
101.
102.
103.
104.
105.
106.
107.
Sec. 108.
TITLE III—COAST GUARD PERSONNEL AND MARITIME SAFETY
Sec. 301. Short title.
Subtitle A—Personnel Management
Sec. 311. Coast Guard band director rank.
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PUBLIC LAW 107–295—NOV. 25, 2002
116 STAT. 2065
Sec. 312. Compensatory absence for isolated duty.
Sec. 313. Accelerated promotion of certain Coast Guard officers.
Subtitle B—Marine Safety
Sec. 321. Extension of Territorial Sea for Vessel Bridge-to-Bridge Radiotelephone
Act.
Sec. 322. Modification of various reporting requirements.
Sec. 323. Oil Spill Liability Trust Fund; emergency fund advancement authority.
Sec. 324. Merchant mariner documentation requirements.
Sec. 325. Penalties for negligent operations and interfering with safe operation.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
331.
332.
333.
334.
335.
336.
Subtitle C—Renewal of Advisory Groups
Commercial Fishing Industry Vessel Advisory Committee.
Houston-Galveston Navigation Safety Advisory Committee.
Lower Mississippi River Waterway Advisory Committee.
Navigation Safety Advisory Council.
National Boating Safety Advisory Council.
Towing Safety Advisory Committee.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
341.
342.
343.
344.
345.
346.
347.
348.
349.
Subtitle D—Miscellaneous
Patrol craft.
Boating safety.
Caribbean support tender.
Prohibition of new maritime user fees.
Great Lakes lighthouses.
Modernization of National Distress and Response System.
Conveyance of Coast Guard property in Portland, Maine.
Additional Coast Guard funding needs after September 11, 2001.
Miscellaneous conveyances.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
401.
402.
403.
404.
405.
406.
407.
408.
Sec.
Sec.
Sec.
Sec.
409.
410.
411.
412.
Sec.
Sec.
Sec.
Sec.
413.
414.
415.
416.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
417.
418.
419.
420.
421.
422.
423.
424.
425.
426.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
427.
428.
429.
430.
431.
432.
433.
Sec. 434.
Sec. 435.
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TITLE IV—OMNIBUS MARITIME IMPROVEMENTS
Short title.
Extension of Coast Guard housing authorities.
Inventory of vessels for cable laying, maintenance, and repair.
Vessel escort operations and towing assistance.
Search and rescue center standards.
VHF communications services.
Lower Columbia River maritime fire and safety activities.
Conforming references to the former Merchant Marine and Fisheries
Committee.
Restriction on vessel documentation.
Hypothermia protective clothing requirement.
Reserve officer promotions.
Regular lieutenant commanders and commanders; continuation upon failure of selection for promotion.
Reserve student pre-commissioning assistance program.
Continuation on active duty beyond thirty years.
Payment of death gratuities on behalf of Coast Guard auxiliarists.
Align Coast Guard severance pay and revocation of commission authority
with Department of Defense authority.
Long-term lease authority for lighthouse property.
Maritime Drug Law Enforcement Act amendments.
Wing-in-ground craft.
Electronic filing of commercial instruments for vessels.
Deletion of thumbprint requirement for merchant mariners’ documents.
Temporary certificates of documentation for recreational vessels.
Marine casualty investigations involving foreign vessels.
Conveyance of Coast Guard property in Hampton Township, Michigan.
Conveyance of property in Traverse City, Michigan.
Annual report on Coast Guard capabilities and readiness to fulfill national defense responsibilities.
Extension of authorization for oil spill recovery institute.
Protection against discrimination.
Icebreaking services.
Fishing vessel safety training.
Limitation on liability of pilots at Coast Guard Vessel Traffic Services.
Assistance for marine safety station on Chicago lakefront.
Extension of time for recreational vessel and associated equipment recalls.
Repair of municipal dock, Escanaba, Michigan.
Vessel GLOBAL EXPLORER.
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116 STAT. 2066
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
PUBLIC LAW 107–295—NOV. 25, 2002
436.
437.
438.
439.
440.
441.
442.
443.
444.
445.
Aleutian trade.
Pictured Rocks National Lakeshore boundary revision.
Loran-C.
Authorization of payment.
Report on oil spill responder immunity.
Fishing agreements.
Electronic publishing of marine casualty reports.
Safety and security of ports and waterways.
Suspension of payment.
Prohibition on navigation fees.
TITLE V—AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD
Sec. 501. Short title.
Sec. 502. Authorization of appropriations.
Sec. 503. Authorized levels of military strength and training.
TITLE I—MARITIME TRANSPORTATION
SECURITY
46 USC 70101
note.
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SEC. 101. FINDINGS.
The Congress makes the following findings:
(1) There are 361 public ports in the United States that
are an integral part of our Nation’s commerce.
(2) United States ports handle over 95 percent of United
States overseas trade. The total volume of goods imported and
exported through ports is expected to more than double over
the next 20 years.
(3) The variety of trade and commerce carried out at ports
includes bulk cargo, containerized cargo, passenger transport
and tourism, and intermodal transportation systems that are
complex to secure.
(4) The United States is increasingly dependent on
imported energy for a substantial share of its energy supply,
and a disruption of that share of supply would seriously harm
consumers and our economy.
(5) The top 50 ports in the United States account for
about 90 percent of all the cargo tonnage. Twenty-five United
States ports account for 98 percent of all container shipments.
Cruise ships visiting foreign destinations embark from at least
16 ports. Ferries in the United States transport 113,000,000
passengers and 32,000,000 vehicles per year.
(6) Ports often are a major locus of Federal crime, including
drug trafficking, cargo theft, and smuggling of contraband and
aliens.
(7) Ports are often very open and exposed and are susceptible to large scale acts of terrorism that could cause a large
loss of life or economic disruption.
(8) Current inspection levels of containerized cargo are
insufficient to counter potential security risks. Technology is
currently not adequately deployed to allow for the nonintrusive
inspection of containerized cargo.
(9) The cruise ship industry poses a special risk from
a security perspective.
(10) Securing entry points and other areas of port facilities
and examining or inspecting containers would increase security
at United States ports.
(11) Biometric identification procedures for individuals
having access to secure areas in port facilities are important
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PUBLIC LAW 107–295—NOV. 25, 2002
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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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116 STAT. 2068
PUBLIC LAW 107–295—NOV. 25, 2002
SEC. 102. PORT SECURITY.
(a) IN GENERAL.—Title 46, United States Code, is amended
by adding at the end the following new subtitle:
‘‘Subtitle VI—Miscellaneous
‘‘Chap.
Sec.
‘‘701. Port Security ............................................................................................ 70101
‘‘CHAPTER 701—PORT SECURITY
‘‘Sec.
‘‘70101.
‘‘70102.
‘‘70103.
‘‘70104.
‘‘70105.
‘‘70106.
‘‘70107.
‘‘70108.
‘‘70109.
‘‘70110.
‘‘70111.
‘‘70112.
‘‘70113.
‘‘70114.
‘‘70115.
‘‘70116.
‘‘70117.
Definitions.
United States facility and vessel vulnerability assessments.
Maritime transportation security plans.
Transportation security incident response.
Transportation security cards.
Maritime safety and security teams.
Grants.
Foreign port assessment.
Notifying foreign authorities.
Actions when foreign ports not maintaining effective antiterrorism measures.
Enhanced crewmember identification.
Maritime security advisory committees.
Maritime intelligence.
Automatic identification systems.
Long-range vessel tracking system.
Secure systems of transportation.
Civil penalty.
‘‘§ 70101. Definitions
‘‘For the purpose of this chapter:
‘‘(1) The term ‘Area Maritime Transportation Security Plan’
means an Area Maritime Transportation Security Plan prepared under section 70103(b).
‘‘(2) The term ‘facility’ means any structure or facility of
any kind located in, on, under, or adjacent to any waters
subject to the jurisdiction of the United States.
‘‘(3) The term ‘National Maritime Transportation Security
Plan’ means the National Maritime Transportation Security
Plan prepared and published under section 70103(a).
‘‘(4) The term ‘owner or operator’ means—
‘‘(A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel; and
‘‘(B) in the case of a facility, any person owning, leasing,
or operating such facility.
‘‘(5) The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating.
‘‘(6) The term ‘transportation security incident’ means a
security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic
disruption in a particular area.
‘‘§ 70102. United States facility and vessel vulnerability
assessments
‘‘(a) INITIAL ASSESSMENTS.—The Secretary shall conduct an
assessment of vessel types and United States facilities on or adjacent to the waters subject to the jurisdiction of the United States
to identify those vessel types and United States facilities that
pose a high risk of being involved in a transportation security
incident.
‘‘(b) FACILITY AND VESSEL ASSESSMENTS.—(1) Based on the
information gathered under subsection (a) of this section, the Secretary shall conduct a detailed vulnerability assessment of the
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facilities and vessels that may be involved in a transportation
security incident. The vulnerability assessment shall include the
following:
‘‘(A) Identification and evaluation of critical assets and
infrastructures.
‘‘(B) Identification of the threats to those assets and infrastructures.
‘‘(C) Identification of weaknesses in physical security, passenger and cargo security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, contingency response, and other
areas as determined by the Secretary.
‘‘(2) Upon completion of an assessment under this subsection
for a facility or vessel, the Secretary shall provide the owner or
operator with a copy of the vulnerability assessment for that facility
or vessel.
‘‘(3) The Secretary shall update each vulnerability assessment
conducted under this section at least every 5 years.
‘‘(4) In lieu of conducting a facility or vessel vulnerability assessment under paragraph (1), the Secretary may accept an alternative
assessment conducted by or on behalf of the owner or operator
of the facility or vessel if the Secretary determines that the alternative assessment includes the matters required under paragraph
(1).
‘‘§ 70103. Maritime transportation security plans
‘‘(a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.—
(1) The Secretary shall prepare a National Maritime Transportation
Security Plan for deterring and responding to a transportation
security incident.
‘‘(2) The National Maritime Transportation Security Plan shall
provide for efficient, coordinated, and effective action to deter and
minimize damage from a transportation security incident, and shall
include the following:
‘‘(A) Assignment of duties and responsibilities among Federal departments and agencies and coordination with State
and local governmental agencies.
‘‘(B) Identification of security resources.
‘‘(C) Procedures and techniques to be employed in deterring
a national transportation security incident.
‘‘(D) Establishment of procedures for the coordination of
activities of—
‘‘(i) Coast Guard maritime security teams established
under this chapter; and
‘‘(ii) Federal Maritime Security Coordinators required
under this chapter.
‘‘(E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of
a transportation security incident and imminent threats of
such a security incident to the appropriate State and Federal
agencies.
‘‘(F) Establishment of criteria and procedures to ensure
immediate and effective Federal identification of a transportation security incident, or the substantial threat of such a
security incident.
‘‘(G) Designation of—
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PUBLIC LAW 107–295—NOV. 25, 2002
‘‘(i) areas for which Area Maritime Transportation
Security Plans are required to be prepared under subsection (b); and
‘‘(ii) a Coast Guard official who shall be the Federal
Maritime Security Coordinator for each such area.
‘‘(H) A risk-based system for evaluating the potential for
violations of security zones designated by the Secretary on
the waters subject to the jurisdiction of the United States.
‘‘(I) A recognition of certified systems of intermodal
transportation.
‘‘(J) A plan for ensuring that the flow of cargo through
United States ports is reestablished as efficiently and quickly
as possible after a transportation security incident.
‘‘(3) The Secretary shall, as the Secretary considers advisable,
revise or otherwise amend the National Maritime Transportation
Security Plan.
‘‘(4) Actions by Federal agencies to deter and minimize damage
from a transportation security incident shall, to the greatest extent
possible, be in accordance with the National Maritime Transportation Security Plan.
‘‘(5) The Secretary shall inform vessel and facility owners or
operators of the provisions in the National Transportation Security
Plan that the Secretary considers necessary for security purposes.
‘‘(b) AREA MARITIME TRANSPORTATION SECURITY PLANS.—(1)
The Federal Maritime Security Coordinator designated under subsection (a)(2)(G) for an area shall—
‘‘(A) submit to the Secretary an Area Maritime Transportation Security Plan for the area; and
‘‘(B) solicit advice from the Area Security Advisory Committee required under this chapter, for the area to assure
preplanning of joint deterrence efforts, including appropriate
procedures for deterrence of a transportation security incident.
‘‘(2) The Area Maritime Transportation Security Plan for an
area shall—
‘‘(A) when implemented in conjunction with the National
Maritime Transportation Security Plan, be adequate to deter
a transportation security incident in or near the area to the
maximum extent practicable;
‘‘(B) describe the area and infrastructure covered by the
plan, including the areas of population or special economic,
environmental, or national security importance that might be
damaged by a transportation security incident;
‘‘(C) describe in detail how the plan is integrated with
other Area Maritime Transportation Security Plans, and with
facility security plans and vessel security plans under this
section;
‘‘(D) include consultation and coordination with the Department of Defense on matters relating to Department of Defense
facilities and vessels;
‘‘(E) include any other information the Secretary requires;
and
‘‘(F) be updated at least every 5 years by the Federal
Maritime Security Coordinator.
‘‘(3) The Secretary shall—
‘‘(A) review and approve Area Maritime Transportation
Security Plans under this subsection; and
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‘‘(B) periodically review previously approved Area Maritime
Transportation Security Plans.
‘‘(4) In security zones designated by the Secretary in each
Area Maritime Transportation Security Plan, the Secretary shall
consider—
‘‘(A) the use of public/private partnerships to enforce security within the security zones, shoreside protection alternatives,
and the environmental, public safety, and relative effectiveness
of such alternatives; and
‘‘(B) technological means of enhancing the security zones
of port, territorial waters, and waterways of the United States.
‘‘(c) VESSEL AND FACILITY SECURITY PLANS.—(1) Within 6
months after the prescription of interim final regulations on vessel
and facility security plans, an owner or operator of a vessel or
facility described in paragraph (2) shall prepare and submit to
the Secretary a security plan for the vessel or facility, for deterring
a transportation security incident to the maximum extent practicable.
‘‘(2) The vessels and facilities referred to in paragraph (1)—
‘‘(A) except as provided in subparagraph (B), are vessels
and facilities that the Secretary believes may be involved in
a transportation security incident; and
‘‘(B) do not include any vessel or facility owned or operated
by the Department of Defense.
‘‘(3) A security plan required under this subsection shall—
‘‘(A) be consistent with the requirements of the National
Maritime Transportation Security Plan and Area Maritime
Transportation Security Plans;
‘‘(B) identify the qualified individual having full authority
to implement security actions, and require immediate communications between that individual and the appropriate Federal
official and the persons providing personnel and equipment
pursuant to subparagraph (C);
‘‘(C) include provisions for—
‘‘(i) establishing and maintaining physical security,
passenger and cargo security, and personnel security;
‘‘(ii) establishing and controlling access to secure areas
of the vessel or facility;
‘‘(iii) procedural security policies;
‘‘(iv) communications systems; and
‘‘(v) other security systems;
‘‘(D) identify, and ensure by contract or other means
approved by the Secretary, the availability of security measures
necessary to deter to the maximum extent practicable a
transportation security incident or a substantial threat of such
a security incident;
‘‘(E) describe the training, periodic unannounced drills, and
security actions of persons on the vessel or at the facility,
to be carried out under the plan to deter to the maximum
extent practicable a transportation security incident, or a
substantial threat of such a security incident;
‘‘(F) be updated at least every 5 years; and
‘‘(G) be resubmitted for approval of each change to the
vessel or facility that may substantially affect the security
of the vessel or facility.
‘‘(4) The Secretary shall—
‘‘(A) promptly review each such plan;
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‘‘(B) require amendments to any plan that does not meet
the requirements of this subsection;
‘‘(C) approve any plan that meets the requirements of this
subsection; and
‘‘(D) review each plan periodically thereafter.
‘‘(5) A vessel or facility for which a plan is required to be
submitted under this subsection may not operate after the end
of the 12-month period beginning on the date of the prescription
of interim final regulations on vessel and facility security plans,
unless—
‘‘(A) the plan has been approved by the Secretary; and
‘‘(B) the vessel or facility is operating in compliance with
the plan.
‘‘(6) Notwithstanding paragraph (5), the Secretary may
authorize a vessel or facility to operate without a security plan
approved under this subsection, until not later than 1 year after
the date of the submission to the Secretary of a plan for the
vessel or facility, if the owner or operator of the vessel or facility
certifies that the owner or operator has ensured by contract or
other means approved by the Secretary to deter to the maximum
extent practicable a transportation security incident or a substantial
threat of such a security incident.
‘‘(7) The Secretary shall require each owner or operator of
a vessel or facility located within or adjacent to waters subject
to the jurisdiction of the United States to implement any necessary
interim security measures, including cargo security programs, to
deter to the maximum extent practicable a transportation security
incident until the security plan for that vessel or facility operator
is approved.
‘‘(d) NONDISCLOSURE OF INFORMATION.—Notwithstanding any
other provision of law, information developed under this chapter
is not required to be disclosed to the public, including—
‘‘(1) facility security plans, vessel security plans, and port
vulnerability assessments; and
‘‘(2) other information related to security plans, procedures,
or programs for vessels or facilities authorized under this
chapter.
‘‘§ 70104. Transportation security incident response
‘‘(a) FACILITY AND VESSEL RESPONSE PLANS.—The Secretary
shall—
‘‘(1) establish security incident response plans for vessels
and facilities that may be involved in a transportation security
incident; and
‘‘(2) make those plans available to the Director of the
Federal Emergency Management Agency for inclusion in the
Director’s response plan for United States ports and waterways.
‘‘(b) CONTENTS.—Response plans developed under subsection
(a) shall provide a comprehensive response to an emergency,
including notifying and coordinating with local, State, and Federal
authorities, including the Director of the Federal Emergency
Management Agency, securing the facility or vessel, and evacuating
facility and vessel personnel.
‘‘(c) INCLUSION IN SECURITY PLAN.—A response plan required
under this subsection for a vessel or facility may be included in
the security plan prepared under section 70103(c).
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‘‘§ 70105. Transportation security cards
‘‘(a) PROHIBITION.—(1) The Secretary shall prescribe regulations
to prevent an individual from entering an area of a vessel or
facility that is designated as a secure area by the Secretary for
purposes of a security plan for the vessel or facility that is approved
by the Secretary under section 70103 of this title unless the
individual—
‘‘(A) holds a transportation security card issued under this
section and is authorized to be in the area in accordance with
the plan; or
‘‘(B) is accompanied by another individual who holds a
transportation security card issued under this section and is
authorized to be in the area in accordance with the plan.
‘‘(2) A person shall not admit an individual into such a secure
area unless the entry of the individual into the area is in compliance
with paragraph (1).
‘‘(b) ISSUANCE OF CARDS.—(1) The Secretary shall issue a
biometric transportation security card to an individual specified
in paragraph (2), unless the Secretary decides that the individual
poses a security risk under subsection (c) warranting denial of
the card.
‘‘(2) This subsection applies to—
‘‘(A) an individual allowed unescorted access to a secure
area designated in a vessel or facility security plan approved
under section 70103 of this title;
‘‘(B) an individual issued a license, certificate of registry,
or merchant mariners document under part E of subtitle II
of this title;
‘‘(C) a vessel pilot;
‘‘(D) an individual engaged on a towing vessel that pushes,
pulls, or hauls alongside a tank vessel;
‘‘(E) an individual with access to security sensitive information as determined by the Secretary; and
‘‘(F) other individuals engaged in port security activities
as determined by the Secretary.
‘‘(c) DETERMINATION OF TERRORISM SECURITY RISK.—(1) An
individual may not be denied a transportation security card under
subsection (b) unless the Secretary determines that individual—
‘‘(A) has been convicted within the preceding 7-year period
of a felony or found not guilty by reason of insanity of a
felony—
‘‘(i) that the Secretary believes could cause the individual to be a terrorism security risk to the United States;
or
‘‘(ii) for causing a severe transportation security
incident;
‘‘(B) has been released from incarceration within the preceding 5-year period for committing a felony described in
subparagraph (A);
‘‘(C) may be denied admission to the United States or
removed from the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); or
‘‘(D) otherwise poses a terrorism security risk to the United
States.
‘‘(2) The Secretary shall prescribe regulations that establish
a waiver process for issuing a transportation security card to an
individual found to be otherwise ineligible for such a card under
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paragraph (1). In deciding to issue a card to such an individual,
the Secretary shall—
‘‘(A) give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual, Federal
and State mitigation remedies, and other factors from which
it may be concluded that the individual does not pose a terrorism risk warranting denial of the card; and
‘‘(B) issue a waiver to an individual without regard to
whether that individual would otherwise be disqualified if the
individual’s employer establishes alternate security arrangements acceptable to the Secretary.
‘‘(3) The Secretary shall establish an appeals process under
this section for individuals found to be ineligible for a transportation
security card that includes notice and an opportunity for a hearing.
‘‘(4) Upon application, the Secretary may issue a transportation
security card to an individual if the Secretary has previously determined, under section 5103a of title 49, that the individual does
not pose a security risk.
‘‘(d) BACKGROUND RECORDS CHECK.—(1) On request of the Secretary, the Attorney General shall—
‘‘(A) conduct a background records check regarding the
individual; and
‘‘(B) upon completing the background records check, notify
the Secretary of the completion and results of the background
records check.
‘‘(2) A background records check regarding an individual under
this subsection shall consist of the following:
‘‘(A) A check of the relevant criminal history databases.
‘‘(B) In the case of an alien, a check of the relevant databases to determine the status of the alien under the immigration laws of the United States.
‘‘(C) As appropriate, a check of the relevant international
databases or other appropriate means.
‘‘(D) Review of any other national security-related information or database identified by the Attorney General for purposes
of such a background records check.
‘‘(e) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION.—(1) Information obtained by the Attorney General or the
Secretary under this section may not be made available to the
public, including the individual’s employer.
‘‘(2) Any information constituting grounds for denial of a
transportation security card under this section shall be maintained
confidentially by the Secretary and may be used only for making
determinations under this section. The Secretary may share any
such information with other Federal law enforcement agencies.
An individual’s employer may only be informed of whether or not
the individual has been issued the card under this section.
‘‘(f) DEFINITION.—In this section, the term ‘alien’ has the
meaning given the term in section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3)).’’.
‘‘§ 70106. Maritime safety and security teams
‘‘(a) IN GENERAL.—To enhance the domestic maritime security
capability of the United States, the Secretary shall establish such
maritime safety and security teams as are needed to safeguard
the public and protect vessels, harbors, ports, facilities, and cargo
in waters subject to the jurisdiction of the United States from
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destruction, loss or injury from crime, or sabotage due to terrorist
activity, and to respond to such activity in accordance with the
transportation security plans developed under section 70103.
‘‘(b) MISSION.—Each maritime safety and security team shall
be trained, equipped, and capable of being employed to—
‘‘(1) deter, protect against, and rapidly respond to threats
of maritime terrorism;
‘‘(2) enforce moving or fixed safety or security zones established pursuant to law;
‘‘(3) conduct high speed intercepts;
‘‘(4) board, search, and seize any article or thing on or
at, respectively, a vessel or facility found to present a risk
to the vessel or facility, or to a port;
‘‘(5) rapidly deploy to supplement United States armed
forces domestically or overseas;
‘‘(6) respond to criminal or terrorist acts within a port
so as to minimize, insofar as possible, the disruption caused
by such acts;
‘‘(7) assist with facility vulnerability assessments required
under this chapter; and
‘‘(8) carry out other security missions as are assigned to
it by the Secretary.
‘‘(c) COORDINATION WITH OTHER AGENCIES.—To the maximum
extent feasible, each maritime safety and security team shall coordinate its activities with other Federal, State, and local law enforcement and emergency response agencies.
‘‘§ 70107. Grants
‘‘(a) IN GENERAL.—The Secretary of Transportation, acting
through the Maritime Administrator, shall establish a grant program for making a fair and equitable allocation among port authorities, facility operators, and State and local agencies required to
provide security services of funds to implement Area Maritime
Transportation Security Plans and facility security plans. The program shall take into account national economic and strategic
defense considerations.
‘‘(b) ELIGIBLE COSTS.—The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and
ensuring compliance with Area Maritime Transportation Security
Plans and facility security plans are eligible to be funded:
‘‘(1) Salary, benefits, overtime compensation, retirement
contributions, and other costs of additional Coast Guard mandated security personnel.
‘‘(2) The cost of acquisition, operation, and maintenance
of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting
systems, remote surveillance, concealed video systems, security
vessels, and other security-related infrastructure or equipment
that contributes to the overall security of passengers, cargo,
or crewmembers.
‘‘(3) The cost of screening equipment, including equipment
that detects weapons of mass destruction and conventional
explosives, and of testing and evaluating such equipment, to
certify secure systems of transportation.
‘‘(4) The cost of conducting vulnerability assessments to
evaluate and make recommendations with respect to security.
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‘‘(c) MATCHING REQUIREMENTS.—
‘‘(1) 75-PERCENT FEDERAL FUNDING.—Except as provided
in paragraph (2), Federal funds for any eligible project under
this section shall not exceed 75 percent of the total cost of
such project.
‘‘(2) EXCEPTIONS.—
‘‘(A) SMALL PROJECTS.—There are no matching requirements for grants under subsection (a) for projects costing
not more than $25,000.
‘‘(B) HIGHER LEVEL OF SUPPORT REQUIRED.—If the Secretary of Transportation determines that a proposed project
merits support and cannot be undertaken without a higher
rate of Federal support, then the Secretary may approve
grants under this section with a matching requirement
other than that specified in paragraph (1).
‘‘(d) COORDINATION AND COOPERATION AGREEMENTS.—The Secretary of Transportation shall ensure that projects paid for, or
the costs of which are reimbursed, under this section within any
area or port are coordinated with other projects, and may require
cooperative agreements among users of the port and port facilities
with respect to projects funded under this section.
‘‘(e) ADMINISTRATION.—
‘‘(1) IN GENERAL.—The program shall require eligible port
authorities, facility operators, and State and local agencies
required to provide security services, to submit an application,
at such time, in such form, and containing such information
and assurances as the Secretary of Transportation may require,
and shall include appropriate application, review, and delivery
mechanisms.
‘‘(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT.—Each application for payment or reimbursement of
eligible costs shall include, at a minimum, the following:
‘‘(A) A copy of the applicable Area Maritime Transportation Security Plan or facility security plan.
‘‘(B) A comprehensive description of the need for the
project, and a statement of the project’s relationship to
the applicable Area Maritime Transportation Security Plan
or facility security plan.
‘‘(C) A determination by the Captain of the Port that
the security project addresses or corrects Coast Guard
identified vulnerabilities in security and ensures compliance with Area Maritime Transportation Security Plans
and facility security plans.
‘‘(3) PROCEDURAL SAFEGUARDS.—The Secretary of Transportation shall by regulation establish appropriate accounting,
reporting, and review procedures to ensure that amounts paid
or reimbursed under this section are used for the purposes
for which they were made available, all expenditures are properly accounted for, and amounts not used for such purposes
and amounts not obligated or expended are recovered.
‘‘(4) PROJECT APPROVAL REQUIRED.—The Secretary of
Transportation may approve an application for the payment
or reimbursement of costs under this section only if the Secretary of Transportation is satisfied that—
‘‘(A) the project is consistent with Coast Guard vulnerability assessments and ensures compliance with Area
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Maritime Transportation Security Plans and facility security plans;
‘‘(B) enough money is available to pay the project costs
that will not be reimbursed by the United States Government under this section;
‘‘(C) the project will be completed without unreasonable
delay; and
‘‘(D) the recipient has authority to carry out the project
as proposed.
‘‘(f) AUDITS AND EXAMINATIONS.—A recipient of amounts made
available under this section shall keep such records as the Secretary
of Transportation may require, and make them available for review
and audit by the Secretary of Transportation, the Comptroller General of the United States, or the Inspector General of the Department of Transportation.
‘‘(g) REPORTS ON SECURITY FUNDING AND COMPLIANCE.—
‘‘(1) INITIAL REPORT.—Within 6 months after the date of
enactment of this Act, the Secretary of Transportation shall
transmit an unclassified report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure,
that—
‘‘(A) includes a funding proposal and rationale to fund
the correction of Coast Guard identified vulnerabilities in
port security and to help ensure compliance with Area
Maritime Transportation Security Plans and facility security plans for fiscal years 2003 through 2008; and
‘‘(B) includes projected funding proposals for fiscal
years 2003 through 2008 for the following security programs:
‘‘(i) The Sea Marshall program.
‘‘(ii) The Automated Identification System and a
system of polling vessels on entry into United States
waters.
‘‘(iii) The maritime intelligence requirements in
this Act.
‘‘(iv) The issuance of transportation security cards
required by section 70105.
‘‘(v) The program of certifying secure systems of
transportation.
‘‘(2) OTHER EXPENDITURES.—The Secretary of Transportation shall, as part of the report required by paragraph (1)
report, in coordination with the Commissioner of Customs, on
projected expenditures of screening and detection equipment
and on cargo security programs over fiscal years 2003 through
2008.
‘‘(3) ANNUAL REPORTS.—Annually, beginning 1 year after
transmittal of the report required by paragraph (1) until
October 1, 2009, the Secretary of Transportation shall transmit
an unclassified annual report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure,
on progress in achieving compliance with the correction of
Coast Guard identified vulnerabilities in port security and
compliance with Area Maritime Transportation Security Plans
and facility security plans that—
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‘‘(A) identifies any modifications necessary in funding
to ensure the correction of Coast Guard identified
vulnerabilities and ensure compliance with Area Maritime
Transportation Security Plans and facility security plans;
‘‘(B) includes an assessment of progress in implementing the grant program established by subsection (a);
‘‘(C) includes any recommendations the Secretary may
make to improve these programs; and
‘‘(D) with respect to a port selected by the Secretary
of Transportation, describes progress and enhancements
of applicable Area Maritime Transportation Security Plans
and facility security plans and how the Maritime Transportation Security Act of 2002 has improved security at that
port.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Transportation for each
of fiscal years 2003 through 2008 such sums as are necessary
to carry out subsections (a) through (g).
‘‘(i) RESEARCH AND DEVELOPMENT GRANTS FOR PORT SECURITY.—
‘‘(1) AUTHORITY.—The Secretary of Transportation is
authorized to establish and administer a grant program for
the support of research and development of technologies that
can be used to secure the ports of the United States. The
Secretary may award grants under the program to national
laboratories, private nonprofit organizations, institutions of
higher education, and other entities. The Secretary shall establish competitive procedures for awarding grants under the program and criteria for grant applications and eligibility.
‘‘(2) USE OF FUNDS.—Grants awarded pursuant to paragraph (1) shall be used to develop—
‘‘(A) methods to increase the ability of the Customs
Service to inspect, or target for inspection, merchandise
carried on any vessel that will arrive or has arrived at
any port or place in the United States;
‘‘(B) equipment to accurately detect explosives, or
chemical and biological agents, that could be used to
commit terrorist acts against the United States;
‘‘(C) equipment to accurately detect nuclear materials,
including scintillation-based detection equipment capable
of attachment to spreaders to signal the presence of nuclear
materials during the unloading of containers;
‘‘(D) improved tags and seals designed for use on shipping containers to track the transportation of the merchandise in such containers, including ‘smart sensors’ that are
able to track a container throughout its entire supply chain,
detect hazardous and radioactive materials within that
container, and transmit such information to the appropriate
authorities at a remote location;
‘‘(E) tools to mitigate the consequences of a terrorist
act at a port of the United States, including a network
of sensors to predict the dispersion of radiological, chemical,
or biological agents that might be intentionally or accidentally released; or
‘‘(F) applications to apply existing technologies from
other industries to increase overall port security.
‘‘(3) ADMINISTRATIVE PROVISIONS.—
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‘‘(A) NO DUPLICATION OF EFFORT.—Before making any
grant, the Secretary of Transportation shall coordinate with
other Federal agencies to ensure the grant will not be
used for research and development that is already being
conducted with Federal funding.
‘‘(B) ACCOUNTING.—The Secretary of Transportation
shall by regulation establish accounting, reporting, and
review procedures to ensure that funds made available
under paragraph (1) are used for the purpose for which
they were made available, that all expenditures are properly accounted for, and that amounts not used for such
purposes and amounts not expended are recovered.
‘‘(C) RECORDKEEPING.—Recipients of grants shall keep
all records related to expenditures and obligations of funds
provided under paragraph (1) and make them available
upon request to the Inspector General of the Department
of Transportation and the Secretary of Transportation for
audit and examination.
‘‘(D) ANNUAL REVIEW AND REPORT.—The Inspector General of the Department of Transportation shall annually
review the program established under paragraph (1) to
ensure that the expenditures and obligations of funds are
consistent with the purposes for which they are provided
and report the findings to Congress.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $15,000,000 for each of the fiscal years
2003 through 2008 to carry out the provisions of this subsection.
Regulations.
‘‘§ 70108. Foreign port assessment
‘‘(a) IN GENERAL.—The Secretary shall assess the effectiveness
of the antiterrorism measures maintained at—
‘‘(1) a foreign port—
‘‘(A) served by vessels documented under chapter 121
of this title; or
‘‘(B) from which foreign vessels depart on a voyage
to the United States; and
‘‘(2) any other foreign port the Secretary believes poses
a security risk to international maritime commerce.
‘‘(b) PROCEDURES.—In conducting an assessment under subsection (a), the Secretary shall assess the effectiveness of—
‘‘(1) screening of containerized and other cargo and baggage;
‘‘(2) security measures to restrict access to cargo, vessels,
and dockside property to authorized personnel only;
‘‘(3) additional security on board vessels;
‘‘(4) licensing or certification of compliance with appropriate
security standards;
‘‘(5) the security management program of the foreign port;
and
‘‘(6) other appropriate measures to deter terrorism against
the United States.
‘‘(c) CONSULTATION.—In carrying out this section, the Secretary
shall consult with—
‘‘(1) the Secretary of Defense and the Secretary of State—
‘‘(A) on the terrorist threat that exists in each country
involved; and
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‘‘(B) to identify foreign ports that pose a high risk
of introducing terrorism to international maritime commerce;
‘‘(2) the Secretary of the Treasury;
‘‘(3) appropriate authorities of foreign governments; and
‘‘(4) operators of vessels.
‘‘§ 70109. Notifying foreign authorities
‘‘(a) IN GENERAL.—If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country
does not maintain effective antiterrorism measures, the Secretary
shall notify the appropriate authorities of the government of the
foreign country of the finding and recommend the steps necessary
to improve the antiterrorism measures in use at the port.
‘‘(b) TRAINING PROGRAM.—The Secretary, in cooperation with
the Secretary of State, shall operate a port security training program for ports in foreign countries that are found under section
70108 to lack effective antiterrorism measures.
‘‘§ 70110. Actions when foreign ports not maintaining effective antiterrorism measures
‘‘(a) IN GENERAL.—If the Secretary finds that a foreign port
does not maintain effective antiterrorism measures, the Secretary—
‘‘(1) may prescribe conditions of entry into the United States
for any vessel arriving from that port, or any vessel carrying
cargo or passengers originating from or transshipped through
that port;
‘‘(2) may deny entry into the United States to any vessel
that does not meet such conditions; and
‘‘(3) shall provide public notice for passengers of the ineffective antiterrorism measures.
‘‘(b) EFFECTIVE DATE FOR SANCTIONS.—Any action taken by
the Secretary under subsection (a) for a particular port shall take
effect—
‘‘(1) 90 days after the government of the foreign country
with jurisdiction over or control of that port is notified under
section 70109 unless the Secretary finds that the government
has brought the antiterrorism measures at the port up to
the security level the Secretary used in making an assessment
under section 70108 before the end of that 90-day period; or
‘‘(2) immediately upon the finding of the Secretary under
subsection (a) if the Secretary finds, after consulting with the
Secretary of State, that a condition exists that threatens the
safety or security of passengers, vessels, or crew traveling to
or from the port.
‘‘(c) STATE DEPARTMENT TO BE NOTIFIED.—The Secretary immediately shall notify the Secretary of State of a finding that a
port does not maintain effective antiterrorism measures.
‘‘(d) ACTION CANCELED.—An action required under this section
is no longer required if the Secretary decides that effective
antiterrorism measures are maintained at the port.
‘‘§ 70111. Enhanced crewmember identification
‘‘(a) REQUIREMENT.—The Secretary, in consultation with the
Attorney General and the Secretary of State, shall require crewmembers on vessels calling at United States ports to carry and
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present on demand any identification that the Secretary decides
is necessary.
‘‘(b) FORMS AND PROCESS.—The Secretary, in consultation with
the Attorney General and the Secretary of State, shall establish
the proper forms and process that shall be used for identification
and verification of crewmembers.
‘‘§ 70112. Maritime Security Advisory Committees
‘‘(a) ESTABLISHMENT OF COMMITTEES.—(1) The Secretary shall
establish a National Maritime Security Advisory Committee. The
Committee—
‘‘(A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to national
maritime security matters;
‘‘(B) may make available to the Congress recommendations
that the Committee makes to the Secretary; and
‘‘(C) shall meet at the call of—
‘‘(i) the Secretary, who shall call such a meeting at
least once during each calendar year; or
‘‘(ii) a majority of the Committee.
‘‘(2)(A) The Secretary may—
‘‘(i) establish an Area Maritime Security Advisory Committee for any port area of the United States; and
‘‘(ii) request such a committee to review the proposed Area
Maritime Transportation Security Plan developed under section
70103(b) and make recommendations to the Secretary that
the Committee considers appropriate.
‘‘(B) A committee established under this paragraph for an
area—
‘‘(i) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime
security in that area;
‘‘(ii) may make available to the Congress recommendations
that the committee makes to the Secretary; and
‘‘(iii) shall meet at the call of—
‘‘(I) the Secretary, who shall call such a meeting at
least once during each calendar year; or
‘‘(II) a majority of the committee.
‘‘(b) MEMBERSHIP.—(1) Each of the committees established
under subsection (a) shall consist of not less than 7 members
appointed by the Secretary, each of whom has at least 5 years
practical experience in maritime security operations.
‘‘(2) The term of each member shall be for a period of not
more than 5 years, specified by the Secretary.
‘‘(3) Before appointing an individual to a position on such a
committee, the Secretary shall publish a notice in the Federal
Register soliciting nominations for membership on the committee.
‘‘(4) The Secretary may require an individual to have passed
an appropriate security background examination before appointment to the Committee.
‘‘(c) CHAIRPERSON AND VICE CHAIRPERSON.—(1) Each committee
established under subsection (a) shall elect 1 of its members as
the Chairman and 1 of its members as the Vice Chairperson.
‘‘(2) The Vice Chairman shall act as Chairman in the absence
or incapacity of the Chairman, or in the event of a vacancy in
the office of the Chairman.
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‘‘(d) OBSERVERS.—(1) The Secretary shall, and the head of any
other interested Federal agency may, designate a representative
to participate as an observer with the Committee.
‘‘(2) The Secretary’s designated representative shall act as the
executive secretary of the Committee and shall perform the duties
set forth in section 10(c) of the Federal Advisory Committee Act
(5 U.S.C. App.).
‘‘(e) CONSIDERATION OF VIEWS.—The Secretary shall consider
the information, advice, and recommendations of the Committee
in formulating policy regarding matters affecting maritime security.
‘‘(f) COMPENSATION AND EXPENSES.—(1) A member of a committee established under this section, when attending meetings
of the committee or when otherwise engaged in the business of
the committee, is entitled to receive—
‘‘(A) compensation at a rate fixed by the Secretary, not
exceeding the daily equivalent of the current rate of basic
pay in effect for GS–15 of the General Schedule under section
5332 of title 5 including travel time; and
‘‘(B) travel or transportation expenses under section 5703
of title 5.
‘‘(2) A member of such a committee shall not be considered
to be an officer or employee of the United States for any purpose
based on their receipt of any payment under this subsection.
‘‘(g) FACA; TERMINATION.—(1) The Federal Advisory Committee
Act (5 U.S.C. App.)—
‘‘(A) applies to the National Maritime Security Advisory
Committee established under this section, except that such
committee terminates on September 30, 2008; and
‘‘(B) does not apply to Area Maritime Security Advisory
Committees established under this section.
‘‘(2) Not later than September 30, 2006, each committee established under this section shall submit to the Congress its recommendation regarding whether the committee should be renewed
and continued beyond the termination date.
‘‘§ 70113. Maritime intelligence
‘‘(a) IN GENERAL.—The Secretary shall implement a system
to collect, integrate, and analyze information concerning vessels
operating on or bound for waters subject to the jurisdiction of
the United States, including information related to crew, passengers, cargo, and intermodal shipments.
‘‘(b) CONSULTATION.—In developing the information system
under subsection (a), the Secretary shall consult with the Transportation Security Oversight Board and other departments and agencies, as appropriate.
‘‘(c) INFORMATION INTEGRATION.—To deter a transportation
security incident, the Secretary may collect information from public
and private entities to the extent that the information is not provided by other Federal departments and agencies.
Regulations.
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‘‘§ 70114. Automatic identification systems
‘‘(a) SYSTEM REQUIREMENTS.—(1) Subject to paragraph (2), the
following vessels, while operating on the navigable waters of the
United States, shall be equipped with and operate an automatic
identification system under regulations prescribed by the Secretary:
‘‘(A) A self-propelled commercial vessel of at least 65 feet
overall in length.
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‘‘(B) A vessel carrying more than a number of passengers
for hire determined by the Secretary.
‘‘(C) A towing vessel of more than 26 feet overall in length
and 600 horsepower.
‘‘(D) Any other vessel for which the Secretary decides that
an automatic identification system is necessary for the safe
navigation of the vessel.
‘‘(2) The Secretary may—
‘‘(A) exempt a vessel from paragraph (1) if the Secretary
finds that an automatic identification system is not necessary
for the safe navigation of the vessel on the waters on which
the vessel operates; and
‘‘(B) waive the application of paragraph (1) with respect
to operation of vessels on navigable waters of the United States
specified by the Secretary if the Secretary finds that automatic
identification systems are not needed for safe navigation on
those waters.
‘‘(b) REGULATIONS.—The Secretary shall prescribe regulations
implementing subsection (a), including requirements for the operation and maintenance of the automatic identification systems
required under subsection (a).
‘‘§ 70115. Long-range vessel tracking system
‘‘The Secretary may develop and implement a long-range automated vessel tracking system for all vessels in United States waters
that are equipped with the Global Maritime Distress and Safety
System or equivalent satellite technology. The system shall be
designed to provide the Secretary the capability of receiving
information on vessel positions at interval positions appropriate
to deter transportation security incidents. The Secretary may use
existing maritime organizations to collect and monitor tracking
information under the system.
‘‘§ 70116. Secure systems of transportation
‘‘(a) IN GENERAL.—The Secretary, in consultation with the
Transportation Security Oversight Board, shall establish a program
to evaluate and certify secure systems of international intermodal
transportation.
‘‘(b) ELEMENTS OF PROGRAM.—The program shall include—
‘‘(1) establishing standards and procedures for screening
and evaluating cargo prior to loading in a foreign port for
shipment to the United States either directly or via a foreign
port;
‘‘(2) establishing standards and procedures for securing
cargo and monitoring that security while in transit;
‘‘(3) developing performance standards to enhance the physical security of shipping containers, including standards for
seals and locks;
‘‘(4) establishing standards and procedures for allowing
the United States Government to ensure and validate compliance with this program; and
‘‘(5) any other measures the Secretary considers necessary
to ensure the security and integrity of international intermodal
transport movements.
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PUBLIC LAW 107–295—NOV. 25, 2002
‘‘§ 70117. Civil penalty
‘‘Any person that violates this chapter or any regulation under
this chapter shall be liable to the United States for a civil penalty
of not more than $25,000 for each violation.’’.
(b) CONFORMING AMENDMENT.—The table of subtitles at the
beginning of title 46, United States Code, is amended by adding
at the end the following:
‘‘VI. MISCELLANEOUS .......................................................................................70101’’.
46 USC 70104
note.
46 USC 70101
note.
46 USC 70114
note.
46 USC 70111
note.
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(c) DEADLINE.—The Secretary shall establish the plans required
under section 70104(a)(1) of title 46, United States Code, as enacted
by this Act, before April 1, 2003.
(d) RULEMAKING REQUIREMENTS.—
(1) INTERIM FINAL RULE AUTHORITY.—The Secretary shall
issue an interim final rule as a temporary regulation implementing this section (including the amendments made by this
section) as soon as practicable after the date of enactment
of this section, without regard to the provisions of chapter
5 of title 5, United States Code. All regulations prescribed
under the authority of this subsection that are not earlier
superseded by final regulations shall expire not later than
1 year after the date of enactment of this Act.
(2) INITIATION OF RULEMAKING.—The Secretary may initiate
a rulemaking to implement this section (including the amendments made by this section) as soon as practicable after the
date of enactment of this section. The final rule issued pursuant
to that rulemaking may supersede the interim final rule
promulgated under this subsection.
(e) PHASE-IN OF AUTOMATIC IDENTIFICATION SYSTEM.—
(1) SCHEDULE.—Section 70114 of title 46, United States
Code, as enacted by this Act, shall apply as follows:
(A) On and after January 1, 2003, to any vessel built
after that date.
(B) On and after July 1, 2003, to any vessel built
before the date referred to in subparagraph (A) that is—
(i) a passenger vessel required to carry a certificate
under the International Convention for the Safety of
Life at Sea, 1974 (SOLAS);
(ii) a tanker; or
(iii) a towing vessel engaged in moving a tank
vessel.
(C) On and after December 31, 2004, to all other vessels
built before the date referred to in subparagraph (A).
(2) DEFINITION.—The terms in this subsection have the
same meaning as those terms have under section 2101 of title
46, United States Code.
SEC. 103. INTERNATIONAL SEAFARER IDENTIFICATION.
(a) TREATY INITIATIVE.—The Secretary of the department in
which the Coast Guard is operating is encouraged to negotiate
an international agreement, or an amendment to an international
agreement, that provides for a uniform, comprehensive, international system of identification for seafarers that will enable the
United States and another country to establish authoritatively the
identity of any seafarer aboard a vessel within the jurisdiction,
including the territorial waters, of the United States or such other
country.
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(b) LEGISLATIVE ALTERNATIVE.—If the Secretary fails to complete a negotiation process undertaken under subsection (a) within
24 months after the date of enactment of this Act, the Secretary
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a draft of legislation that, if enacted, would establish a uniform, comprehensive
system of identification for seafarers.
SEC. 104. EXTENSION OF SEAWARD JURISDICTION.
(a) DEFINITION OF TERRITORIAL WATERS.—Section 1 of title
XIII of the Act of June 15, 1917 (50 U.S.C. 195; 40 Stat. 231)
is amended—
(1) by striking ‘‘The term ‘United States’ as used in this
Act includes’’ and inserting the following:
‘‘In this Act:
‘‘(1) UNITED STATES.—The term ‘United States’ includes’’;
and
(2) by adding at the end the following:
‘‘(2) TERRITORIAL WATERS.—The term ‘territorial waters of
the United States’ includes all waters of the territorial sea
of the United States as described in Presidential Proclamation
5928 of December 27, 1988.’’.
(b) CIVIL PENALTY FOR VIOLATION OF ACT OF JUNE 15, 1917.—
Section 2 of title II of the Act of June 15, 1917 (50 U.S.C. 192),
is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘If’’ in the
first undesignated paragraph;
(2) by striking ‘‘(a) If any other’’ and inserting ‘‘(b) APPLICATION TO OTHERS.—If any other’’; and
(3) by adding at the end the following:
‘‘(c) CIVIL PENALTY.—A person violating this Act, or a regulation
prescribed under this Act, shall be liable to the United States
Government for a civil penalty of not more than $25,000 for each
violation. Each day of a continuing violation shall constitute a
separate violation.’’.
SEC. 105. SUSPENSION OF LIMITATION ON STRENGTH OF COAST
GUARD.
(a) PERSONNEL END STRENGTHS.—Section 661(a) of title 14,
United States Code, is amended by adding at the end the following:
‘‘If at the end of any fiscal year there is in effect a declaration
of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year
prescribed by law for any military or civilian component of the
Coast Guard, for a period not to exceed 6 months after the end
of the war or termination of the national emergency.’’.
(b) OFFICERS IN COAST GUARD RESERVE.—Section 724 of title
14, United States Code, is amended by adding at the end thereof
the following:
‘‘(c) DEFERRAL OF LIMITATION.—If at the end of any fiscal year
there is in effect a declaration of war or national emergency, the
President may defer the effectiveness of any end-strength limitation
with respect to that fiscal year prescribed by law for any military
or civilian component of the Coast Guard Reserve, for a period
not to exceed 6 months after the end of the war or termination
of the national emergency.’’.
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PUBLIC LAW 107–295—NOV. 25, 2002
SEC. 106. EXTENSION OF DEEPWATER PORT ACT TO NATURAL GAS.
Deadline.
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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.’’.
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(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.’’.
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43 USC 1504
note.
Deadline.
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PUBLIC LAW 107–295—NOV. 25, 2002
(g) STATE FEES.—Section 5(h)(2) of the Deepwater Port Act
of 1974 (33 U.S.C. 1504(h)(2)) is amended by inserting ‘‘and unless
prohibited by law,’’ after ‘‘Notwithstanding any other provision of
this Act,’’.
SEC. 107. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS AND ENHANCED USE OF OTHER SECURITY PERSONNEL.
(a) IN GENERAL.—Section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b)) is amended—
(1) by striking ‘‘and’’ after the semicolon in paragraph
(1);
(2) by striking ‘‘terrorism.’’ in paragraph (2) and inserting
‘‘terrorism; and’’; and
(3) by adding at the end the following:
‘‘(3) dispatch properly trained and qualified armed Coast
Guard personnel on vessels and public or commercial structures
on or adjacent to waters subject to United States jurisdiction
to deter or respond to acts of terrorism or transportation security incidents, as defined in section 70101 of title 46, United
States Code.’’.
(b) REPORT ON USE OF NON-COAST GUARD PERSONNEL.—The
Secretary of the department in which the Coast Guard is operating
shall evaluate and report to the Congress on—
(1) the potential use of Federal, State, or local government
personnel, and documented United States Merchant Marine
personnel, to supplement Coast Guard personnel under section
7(b)(3) of the Ports and Waterways Safety Act (33 U.S.C.
1226(b)(3));
(2) the possibility of using personnel other than Coast
Guard personnel to carry out Coast Guard personnel functions
under that section and whether additional legal authority would
be necessary to use such personnel for such functions; and
(3) the possibility of utilizing the United States Merchant
Marine Academy, State maritime academies, or Coast Guard
approved maritime industry schools in the United States, to
provide training under that section.
33 USC 1226
note.
SEC. 108. TECHNICAL AMENDMENTS CONCERNING THE TRANSMITTAL OF CERTAIN INFORMATION TO THE CUSTOMS
SERVICE.
19 USC 1431a.
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(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.
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‘‘(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)—
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note.
Regulations.
Deadline.
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19 USC 2071.
46 USC 70101
note.
Deadline.
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PUBLIC LAW 107–295—NOV. 25, 2002
(i) in the first sentence—
(I) by inserting ‘‘cargo’’ after ‘‘confidential’’;
and
(II) by inserting after ‘‘Customs Service’’ the
following: ‘‘pursuant to such regulations, except
for the manifest information collected pursuant
to section 431 of the Tariff Act of 1930 and required
to be available for public disclosure pursuant to
section 431(c) of such Act.’’; and
(ii) by striking the second sentence; and
(D) in subparagraph (L)—
(i) in the matter preceding clause (i)—
(I) by striking ‘‘60’’ and inserting ‘‘15’’; and
(II) by striking ‘‘promulgation of regulations’’
and inserting ‘‘publication of a final rule pursuant
to this section’’;
(ii) by striking ‘‘and’’ at the end of clause (iii);
(iii) by striking the period and inserting ‘‘; and’’
at the end of clause (iv); and
(iv) by inserting at the end the following:
‘‘(v) if the Secretary determines to amend the proposed regulations after they have been transmitted
to the Committees pursuant to this subparagraph, the
Secretary shall transmit the amended regulations to
such Committees no later than 5 days prior to the
publication of the final rule.’’.
(c) REPEAL.—Section 343A of the Trade Act of 2002 (116 Stat.
985) is repealed.
SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING.
(a) IN GENERAL.—
(1) DEVELOPMENT OF STANDARDS.—Not later than 6 months
after the date of enactment of this Act, the Secretary of
Transportation shall develop standards and curriculum to allow
for the training and certification of maritime security professionals. In developing these standards and curriculum, the
Secretary shall consult with the National Maritime Security
Advisory Committee established under section 70112 of title
46, United States Code, as amended by this Act.
(2) SECRETARY TO CONSULT ON STANDARDS.—In developing
standards under this section, the Secretary may, without regard
to the Federal Advisory Committee Act (5 U.S.C. App.), consult
with the Federal Law Enforcement Training Center, the United
States Merchant Marine Academy’s Global Maritime and
Transportation School, the Maritime Security Council, the
International Association of Airport and Port Police, the
National Cargo Security Council, and any other Federal, State,
or local government or law enforcement agency or private
organization or individual determined by the Secretary to have
pertinent expertise.
(b) MINIMUM STANDARDS.—The standards established by the
Secretary under subsection (a) shall include the following elements:
(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
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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 foreignflagged vessels with United States citizens as passengers or
crewmembers, to develop and enhance security awareness and
practices.
(c) TRAINING PROVIDED TO LAW ENFORCEMENT AND SECURITY
PERSONNEL.—
(1) IN GENERAL.—The Secretary is authorized to make the
training opportunities provided under this section available
to any Federal, State, local, and private law enforcement or
maritime security personnel in the United States or to personnel employed in foreign ports used by vessels with United
States citizens as passengers or crewmembers.
(2) ACADEMIES AND SCHOOLS.—The Secretary may provide
training under this section at—
(A) each of the 6 State maritime academies;
(B) the United States Merchant Marine Academy;
(C) the Appalachian Transportation Institute; and
(D) other security training schools in the United States.
(d) USE OF CONTRACT RESOURCES.—The Secretary may employ
Federal and contract resources to train and certify maritime security professionals in accordance with the standards and curriculum
developed under this Act.
(e) ANNUAL REPORT.—The Secretary shall transmit an annual
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the expenditure of appropriated funds and the training under this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section
$5,500,000 for each of fiscal years 2003 through 2008.
SEC. 110. ADDITIONAL REPORTS.
(a) ANNUAL REPORT ON MARITIME SECURITY AND TERRORISM.—
Section 905 of the International Maritime and Port Security Act
(46 U.S.C. App. 1802) is amended by adding at the end thereof
the following: ‘‘Beginning with the first report submitted under
this section after the date of enactment of the Maritime Transportation Security Act of 2002, the Secretary shall include a description
of activities undertaken under title I of that Act and an analysis
of the effect of those activities on port security against acts of
terrorism.’’.
(b) REPORT ON TRAINING CENTER.—The Commandant of the
United States Coast Guard, in conjunction with the Secretary of
the Navy, shall submit to Congress a report, at the time they
submit their fiscal year 2005 budget, on the life cycle costs and
benefits of creating a Center for Coastal and Maritime Security.
The purpose of the Center would be to provide an integrated
training complex to prevent and mitigate terrorist threats against
coastal and maritime assets of the United States, including ports,
harbors, ships, dams, reservoirs, and transport nodes.
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46 USC 70116
note.
SYSTEM OF TRANSPORTATION PROthe 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.
46 USC 70116
note.
Deadline.
SEC. 111. PERFORMANCE STANDARDS.
46 USC 70101
note.
SEC. 112. REPORT ON FOREIGN-FLAG VESSELS.
23:12 Dec 03, 2002
(c) REPORT ON SECURE
GRAM.—Within 1 year after
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.
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.
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(2) Of the nations on that list, a separate list of those
nations—
(A) whose registered flag vessels appear as Priority
III or higher on the Boarding Priority Matrix maintained
by the Coast Guard;
(B) that have presented, or whose flag vessels have
presented, false, intentionally incomplete, or fraudulent
information to the United States concerning passenger or
cargo manifests, crew identity or qualifications, or registration or classification of their flag vessels;
(C) whose vessel registration or classification procedures have been found by the Secretary to be noncompliant
with international classifications or do not exercise adequate control over safety and security concerns; or
(D) whose laws or regulations are not sufficient to
allow tracking of ownership and registration histories of
registered flag vessels.
(3) Actions taken by the United States, whether through
domestic action or international negotiation, including agreements at the International Maritime Organization under section 902 of the International Maritime and Port Security Act
(46 U.S.C. App. 1801), to improve transparency and security
of vessel registration procedures in nations on the list under
paragraph (2).
(4) Recommendations for legislative or other actions needed
to improve security of United States ports against potential
threats posed by flag vessels of nations named in paragraph
(2).
SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE.
The Secretary of Transportation, acting through the Maritime
Administration and after consultation with the National Maritime
Security Advisory Committee and the Coast Guard, shall publish
a revised version of the document entitled ‘‘Port Security: A National
Planning Guide’’, incorporating the requirements prescribed under
chapter 701 of title 46, United States Code, as amended by this
Act, within 3 years after the date of enactment of this Act, and
make that revised document available on the Internet.
TITLE II—MARITIME POLICY
IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Maritime Policy Improvement
Act of 2002’’.
46 USC 70103
note.
Maritime Policy
Improvement Act
of 2002.
46 USC 2101
note.
SEC. 202. VESSEL COASTAL VENTURE.
Section 1120(g) of the Coast Guard Authorization Act of 1996
(Public Law 104–324; 110 Stat. 3978) is amended by inserting
‘‘COASTAL VENTURE (United States official number 971086),’’
after ‘‘vessels’’.
SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL
WALL OF HONOR.
(a) FINDINGS.—The Congress finds that—
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PUBLIC LAW 107–295—NOV. 25, 2002
(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.
33 USC 1902a.
SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.
Notwithstanding any other provision of law, the discharge from
a vessel of any agricultural cargo residue material in the form
of hold washings shall be governed exclusively by the provisions
of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.) that implement Annex V to the International Convention
for the Prevention of Pollution from Ships.
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116 STAT. 2095
SEC. 205. RECORDING AND DISCHARGING NOTICES OF CLAIM OF
MARITIME LIEN.
(a) LIENS ON ANY DOCUMENTED VESSEL.—
(1) IN GENERAL.—Section 31343 of title 46, United States
Code, is amended as follows:
(A) By amending the section heading to read as follows:
‘‘§ 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.
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PUBLIC LAW 107–295—NOV. 25, 2002
‘‘(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.’’.
46 USC 12111
note.
(b) NOTICE REQUIREMENTS.—Section 31325 of title 46, United
States Code, is amended as follows:
(1) In subsection (d)(1)(B) by striking ‘‘a notice of a claim’’
and inserting ‘‘an unexpired notice of a claim’’.
(2) In subsection (f)(1) by striking ‘‘a notice of a claim’’
and inserting ‘‘an unexpired notice of a claim’’.
(c) APPROVAL OF SURRENDER OF DOCUMENTATION.—Section
12111 of title 46, United States Code, is amended by adding at
the end the following:
‘‘(d)(1) The Secretary shall not refuse to approve the surrender
of the certificate of documentation for a vessel solely on the basis
that a notice of a claim of a lien on the vessel has been recorded
under section 31343(a) of this title.
‘‘(2) The Secretary may condition approval of the surrender
of the certificate of documentation for a vessel over 1,000 gross
tons.’’.
(d) TECHNICAL CORRECTION.—Section 9(c) of the Shipping Act,
1916 (46 App. U.S.C. 808(c)) is amended in the matter preceding
paragraph (1) by striking ‘‘Except’’ and all that follows through
‘‘12106(e) of title 46,’’ and inserting ‘‘Except as provided in section
611 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1181) and
in section 12106(e) of title 46,’’.
(e) EFFECTIVE DATE.—This section shall take effect January
1, 2003.
SEC. 206. TONNAGE OF R/V DAVIDSON.
(a) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall prescribe a tonnage measurement as a small passenger vessel as defined in section 2101 of
title 46, United States Code, for the vessel R/V DAVIDSON (United
States official number D1066485) for purposes of applying the
optional regulatory measurement under section 14305 of that title.
(b) APPLICATION.—Subsection (a) shall apply only when the
vessel is operating in compliance with the requirements of section
3301(8) of title 46, United States Code.
SEC. 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.
(a) IN GENERAL.—Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of
June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289),
and sections 12106 and 12108 of title 46, United States Code,
the Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the following
vessels:
(1) LOOKING GLASS (United States official number
925735).
(2) YANKEE (United States official number 1076210).
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(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:
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PUBLIC LAW 107–295—NOV. 25, 2002
‘‘SEC. 503. REVOCATION.
‘‘(a) REVOCATION FOR FRAUD.—The Secretary shall revoke a
certificate or an endorsement issued under section 502, after notice
and an opportunity for a hearing, if the Secretary determines that
the certificate or endorsement was obtained by fraud.
‘‘(b) APPLICATION WITH CRIMINAL PENALTIES.—Nothing in this
section affects—
‘‘(1) the criminal prohibition on fraud and false statements
provided by section 1001 of title 18, United States Code; or
‘‘(2) any other authority of the Secretary to revoke a certificate or endorsement issued under section 502 of this Act.’’.
(d) TECHNOLOGY DEMONSTRATION WAIVER.—Notwithstanding
section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883),
section 8 of the Act of June 19, 1886 (24 Stat. 81, chapter 421;
46 U.S.C. App. 289), and sections 12106 and 12108 of title 46,
United States Code, the Secretary of Transportation may issue
a certificate of documentation with appropriate endorsement for
the sole purpose of technology demonstrations (including transporting guests for such demonstration who have not contributed
consideration for their passage) for the vessel FOILCAT (United
States official number 1063892).
SEC. 208. EXEMPTION FOR VICTORY SHIPS.
Section 3302(l)(1) of title 46, United States Code, is amended
by adding at the end the following:
‘‘(D) The SS Red Oak Victory (United States official number
249410), owned by the Richmond Museum Association, located
in Richmond, California.
‘‘(E) The SS American Victory (United States official
number 248005), owned by Victory Ship, Inc., of Tampa,
Florida.
‘‘(F) The LST–325, owned by USS LST Ship Memorial,
Incorporated, located in Mobile, Alabama.’’.
SEC. 209. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.
(a) DOCUMENTATION CERTIFICATE.—Notwithstanding section
12106 of title 46, United States Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), and subject to subsection (c) of this section, the Secretary of the department in which
the Coast Guard is operating may issue a certificate of documentation with an appropriate endorsement for employment in the coastwise trade for each of the vessels listed in subsection (b).
(b) VESSELS DESCRIBED.—The vessels referred to in subsection
(a) are the following:
(1) The former Navy deck barge JIM, having a length
of 110 feet and a width of 34 feet.
(2) The former railroad car barge HUGH, having a length
of 185 feet and a width of 34 feet.
(3) The former railroad car barge TOMMY, having a length
of 185 feet and a width of 34 feet.
(c) LIMITATION ON OPERATION.—A vessel issued a certificate
of documentation under this section may be used only as a floating
platform for launching fireworks, including transportation of materials associated with that use.
SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.
Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), chapter 121 of title 46, United States Code,
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116 STAT. 2099
and section 1 of the Act of May 28, 1906 (46 App. U.S.C. 292),
the Secretary of the department in which the Coast Guard is
operating shall issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the vessel
EAGLE (hull number BK–1754, United States official number
1091389) if the vessel is—
(1) owned by a State, a political subdivision of a State,
or a public authority chartered by a State;
(2) if chartered, chartered to a State, a political subdivision
of a State, or a public authority chartered by a State;
(3) operated only in conjunction with—
(A) scour jet operations; or
(B) dredging services adjacent to facilities owned by
the State, political subdivision, or public authority; and
(4) externally identified clearly as a vessel of that State,
subdivision, or authority.
SEC. 211. WAIVER FOR VESSELS IN NEW WORLD CHALLENGE RACE.
Notwithstanding section 8 of the Act of June 19, 1886 (46
App. U.S.C. 289), beginning on April 1, 2002, the 10 sailboats
participating in the New World Challenge Race may transport
guests, who have not contributed consideration for their passage,
from and around the ports of San Francisco and San Diego, California, before and during stops of that race. This section shall
have no force or effect beginning on the earlier of—
(1) 60 days after the last competing sailboat reaches the
end of that race in San Francisco, California; or
(2) December 31, 2003.
SEC. 212. VESSEL ASPHALT COMMANDER.
Notwithstanding any other law or agreement with the United
States Government, the vessel ASPHALT COMMANDER (United
States official number 663105) may be transferred to or placed
under a foreign registry or sold to a person that is not a citizen
of the United States and transferred to or placed under a foreign
registry.
SEC. 213. COASTWISE TRADE AUTHORIZATION.
(a) IN GENERAL.—Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), or any other provision
of law restricting the operation of a foreign-built vessel in the
coastwise trade of the United States, the following vessels may,
subject to subsection (b), engage in the coastwise trade of the
United States to transport platform jackets from ports in the Gulf
of Mexico to sites on the Outer Continental Shelf for completion
of certain offshore projects as follows:
(1) The H–114, H–627, I–650, and H–851 for the projects
known as Atlantis, Thunderhorse, Holstein, and Mad Dog.
(2) The I–600 for the projects known as Murphy Medusa,
Dominion Devil’s Tower, and Murphy Front Runner.
(b) PRIORITY FOR U.S.-BUILT VESSELS.—Subsection (a) shall
not apply in instances where a United States-built, United Statesdocumented 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.
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116 STAT. 2100
46 USC app. 883.
PUBLIC LAW 107–295—NOV. 25, 2002
(c) DEFINITION.—The thirteenth proviso (pertaining to transportation by launch barge) of section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), is amended by striking the period
at the end and inserting the following: ‘‘; and for the purposes
of this proviso, the term ‘platform jacket’ includes any type of
offshore drilling or production structure or components, including
platform jackets, tension leg or SPAR platform superstructures
(including the deck, drilling rig and support utilities, and supporting
structure) hull (including vertical legs and connecting pontoons
or vertical cylinder), tower and base sections of a platform jacket,
jacket structures, and deck modules (known as ‘topsides’) of a
hydrocarbon development and production platform.’’.
SEC. 214. JONES ACT WAIVER FOR DELAYED VESSEL DELIVERY.
(a) IN GENERAL.—Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of
June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 289),
and sections 12106 and 12108 of title 46, United States Code,
the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the
coastwise trade for a self-propelled tank vessel not built in the
United States as provided in this section.
(b) WAIVER REQUIREMENTS.—The Secretary may not grant a
waiver under subsection (a) unless—
(1) the person requesting the waiver is a party to a binding
legal contract, executed within 24 months after the date of
enactment of this Act, with a United States shipyard for the
construction in the United States of a self-propelled tank vessel;
(2) the Secretary determines, on the basis of the terms
of the contract, the parties to the contract, the actions of those
parties in connection with the contract, and the circumstances
under which the contract was executed, that the parties are
making a bona fide effort to construct in the United States
and deliver a self-propelled tank vessel in a timely manner;
(3) the vessel for which the waiver is granted will meet
otherwise applicable requirements of law regarding ownership
and operation for vessels employed in the coastwise trade;
(4) the shipyard owns a facility with sufficient infrastructure to construct the self-propelled tank vessel;
(5) the self-propelled tank vessel that is the subject of
that contract will not be available for use on the contracted
delivery date because of a delay in the construction or delivery
of the vessel due to unusual circumstances; and
(6) the Secretary determines that no other suitable tank
vessel or vessels, or tank vessel capacity, that would not require
such a waiver are reasonably available to the person requesting
the waiver.
Prior to making the determination under paragraph (6), the Secretary shall provide public notice of a waiver request and shall
provide persons who may have such suitable tank vessels an opportunity to indicate to the requester and the Secretary the particulars
of available tank vessels or tank vessel capacity not requiring
a waiver under this section.
(c) LIMITATIONS.—
(1) CAPACITY OF TANK VESSEL.—The Secretary may not
grant a waiver under subsection (a) for a self-propelled tank
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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 selfpropelled 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.
SEC. 215. REALIGNMENT OF POLICY RESPONSIBILITY
DEPARTMENT OF TRANSPORTATION.
IN
THE
(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
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116 STAT. 2102
49 USC 102 note.
Coast Guard
Personnel and
Maritime Safety
Act of 2002.
14 USC 1 note.
PUBLIC LAW 107–295—NOV. 25, 2002
(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.
TITLE III—COAST GUARD PERSONNEL
AND MARITIME SAFETY
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Personnel and
Maritime Safety Act of 2002’’.
Subtitle A—Personnel Management
SEC. 311. COAST GUARD BAND DIRECTOR RANK.
Section 336(d) of title 14, United States Code, is amended
by striking ‘‘commander’’ and inserting ‘‘captain’’.
SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.
(a) IN GENERAL.—Section 511 of title 14, United States Code,
is amended to read as follows:
‘‘§ 511. Compensatory absence from duty for military personnel at isolated duty stations
‘‘The Secretary may grant compensatory absence from duty
to military personnel of the Coast Guard serving at isolated duty
stations of the Coast Guard when conditions of duty result in
confinement because of isolation or in long periods of continuous
duty.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
13 of title 14, United States Code, is amended by striking the
item relating to section 511 and inserting the following:
‘‘511. Compensatory absence from duty for military personnel at isolated duty stations.’’.
SEC. 313. ACCELERATED PROMOTION OF CERTAIN COAST GUARD
OFFICERS.
Title 14, United States Code, is amended—
(1) in section 259, by adding at the end the following:
‘‘(c)(1) After selecting the officers to be recommended for promotion, a selection board may recommend officers of particular
merit, from among those officers chosen for promotion, to be placed
at the top of the list of selectees promulgated by the Secretary
under section 271(a) of this title. The number of officers that a
board may recommend to be placed at the top of the list of selectees
may not exceed the percentages set forth in subsection (b) unless
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such a percentage is a number less than one, in which case the
board may recommend one officer for such placement. No officer
may be recommended to be placed at the top of the list of selectees
unless he or she receives the recommendation of at least a majority
of the members of a board composed of five members, or at least
two-thirds of the members of a board composed of more than five
members.
‘‘(2) The Secretary shall conduct a survey of the Coast Guard
officer corps to determine if implementation of this subsection will
improve Coast Guard officer retention. A selection board may not
make any recommendation under this subsection before the date
on which the Secretary publishes a finding, based upon the results
of the survey, that implementation of this subsection will improve
Coast Guard officer retention.
‘‘(3) The Secretary shall submit any finding made by the Secretary pursuant to paragraph (2) to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.’’;
(2) in section 260(a), by inserting ‘‘and the names of those
officers recommended to be advanced to the top of the list
of selectees established by the Secretary under section 271(a)
of this title’’ after ‘‘promotion’’; and
(3) in section 271(a), by inserting at the end the following:
‘‘The names of all officers approved by the President and recommended by the board to be placed at the top of the list
of selectees shall be placed at the top of the list of selectees
in the order of seniority on the active duty promotion list.’’.
Subtitle B—Marine Safety
SEC. 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TOBRIDGE RADIOTELEPHONE ACT.
Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone Act
(33 U.S.C. 1203(b)), is amended by striking ‘‘United States inside
the lines established pursuant to section 2 of the Act of February
19, 1895 (28 Stat. 672), as amended.’’ and inserting ‘‘United States,
which includes all waters of the territorial sea of the United States
as described in Presidential Proclamation 5928 of December 27,
1988.’’.
SEC. 322. MODIFICATION OF VARIOUS REPORTING REQUIREMENTS.
(a) TERMINATION OF OIL SPILL LIABILITY TRUST FUND ANNUAL
REPORT.—The report regarding the Oil Spill Liability Trust Fund
required by the Conference Report (House Report 101–892) accompanying the Department of Transportation and Related Agencies
Appropriations Act, 1991, as that requirement was amended by
section 1122 of the Federal Reports Elimination and Sunset Act
of 1995 (Public Law 104–66), shall no longer be submitted to the
Congress.
(b) PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.—
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report
required to be submitted under any of the following provisions
of law:
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26 USC 9509
note.
31 USC 1113
note.
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(1) COAST GUARD OPERATIONS AND EXPENDITURES.—Section
651 of title 14, United States Code.
(2) SUMMARY OF MARINE CASUALTIES REPORTED DURING
PRIOR FISCAL YEAR.—Section 6307(c) of title 46, United States
Code.
(3) USER FEE ACTIVITIES AND AMOUNTS.—Section 664 of
title 46, United States Code.
(4) CONDITIONS OF PUBLIC PORTS OF THE UNITED STATES.—
Section 308(c) of title 49, United States Code.
(5) ACTIVITIES OF FEDERAL MARITIME COMMISSION.—Section
208 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118).
(6) ACTIVITIES OF INTERAGENCY COORDINATING COMMITTEE
ON OIL POLLUTION RESEARCH.—Section 7001(e) of the Oil Pollution Act of 1990 (33 U.S.C. 2761(e)).
SEC. 323. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND
ADVANCEMENT AUTHORITY.
Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C.
2752(b)) is amended by inserting after the first sentence the following: ‘‘To the extent that such amount is not adequate, the
Coast Guard may obtain an advance from the Fund of such sums
as may be necessary, up to a maximum of $100,000,000, and within
30 days shall notify Congress of the amount advanced and the
facts and circumstances necessitating the advance. Amounts
advanced shall be repaid to the Fund when, and to the extent
that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge.’’.
SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.
(a) INTERIM MERCHANT MARINERS’ DOCUMENTS.—Section 7302
of title 46, United States Code, is amended—
(1) by striking ‘‘A’’ in subsection (f) and inserting ‘‘Except
as provided in subsection (g), a’’; and
(2) by adding at the end the following:
‘‘(g)(1) The Secretary may, pending receipt and review of
information required under subsections (c) and (d), immediately
issue an interim merchant mariner’s document valid for a period
not to exceed 120 days, to—
‘‘(A) an individual to be employed as gaming personnel,
entertainment personnel, wait staff, or other service personnel
on board a passenger vessel not engaged in foreign service,
with no duties, including emergency duties, related to the
navigation of the vessel or the safety of the vessel, its crew,
cargo or passengers; or
‘‘(B) an individual seeking renewal of, or qualifying for
a supplemental endorsement to, a valid merchant mariner’s
document issued under this section.
‘‘(2) No more than one interim document may be issued to
an individual under paragraph (1)(A) of this subsection.’’.
(b) EXCEPTION.—Section 8701(a) of title 46, United States Code,
is amended—
(1) by striking ‘‘and’’ after the semicolon in paragraph
(8);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
‘‘(9) a passenger vessel not engaged in a foreign voyage
with respect to individuals on board employed for a period
of not more than 30 service days within a 12 month period
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as entertainment personnel, with no duties, including emergency duties, related to the navigation of the vessel or the
safety of the vessel, its crew, cargo or passengers; and’’.
SEC. 325. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH SAFE OPERATION.
Section 2302(a) of title 46, United States Code, is amended
by striking ‘‘$1,000.’’ and inserting ‘‘$5,000 in the case of a recreational vessel, or $25,000 in the case of any other vessel.’’.
Subtitle C—Renewal of Advisory Groups
SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.
(a) COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.—Section 4508 of title 46, United States Code, is amended—
(1) by inserting ‘‘Safety’’ in the section heading after
‘‘Vessel’’;
(2) by inserting ‘‘Safety’’ in subsection (a) after ‘‘Vessel’’;
(3) by striking ‘‘(5 App. U.S.C. 1 et seq.)’’ in subsection
(e)(1) and inserting ‘‘(5 App. U.S.C.)’’; and
(4) by striking ‘‘on September 30, 2000’’ in subsection (e)(1)
and inserting ‘‘on September 30, 2005’’.
(b) CONFORMING AMENDMENT.—The table of sections for chapter
45 of title 46, United States Code, is amended by striking the
item relating to section 4508 and inserting the following:
‘‘4508. Commercial Fishing Industry Vessel Safety Advisory Committee.’’.
SEC. 332. HOUSTON-GALVESTON
COMMITTEE.
NAVIGATION
SAFETY
ADVISORY
Section 18(h) of the Coast Guard Authorization Act of 1991
(Public Law 102–241) is amended by striking ‘‘September 30, 2000.’’
and inserting ‘‘September 30, 2005.’’.
SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.
Section 19(g) of the Coast Guard Authorization Act of 1991
(Public Law 102–241) is amended by striking ‘‘September 30, 2000’’
and inserting ‘‘September 30, 2005’’.
SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5(d) of the Inland Navigational Rules Act of 1980 (33
U.S.C. 2073) is amended by striking ‘‘September 30, 2000’’ and
inserting ‘‘September 30, 2005’’.
SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
Section 13110(e) of title 46, United States Code, is amended
by striking ‘‘September 30, 2000’’ and inserting ‘‘September 30,
2005’’.
SEC. 336. TOWING SAFETY ADVISORY COMMITTEE.
The Act entitled ‘‘An Act to establish a Towing Safety Advisory
Committee in the Department of Transportation’’ approved October
6, 1980 (33 U.S.C. 1231a), is amended by striking ‘‘September
30, 2000.’’ in subsection (e) and inserting ‘‘September 30, 2005.’’.
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Subtitle D—Miscellaneous
SEC. 341. PATROL CRAFT.
Notwithstanding any other provision of law, the Secretary of
the department in which the Coast Guard is operating may accept,
by direct transfer without cost, for use by the Coast Guard primarily
for expanded drug interdiction activities required to meet national
supply reduction performance goals, up to 7 PC–170 patrol craft
from the Department of Defense if it offers to transfer such craft.
SEC. 342. BOATING SAFETY.
(a) GENERAL STATE REVENUE DEFINITION.—For fiscal year 2003,
the term ‘‘general State revenue’’ in section 13102(a)(3) of title
46, United States Code, includes any amounts expended for the
State’s recreational boating safety program by a State agency, a
public corporation established under State law, or any other State
instrumentality, as determined by the Secretary of the department
in which the Coast Guard is operating.
(b) FUNDING.—For fiscal year 2003, the amount available for
recreational boating safety under section 4(b)(3) of the Act of August
9, 1950 (16 U.S.C. 777c(b)(3)), is $83,000,000.
SEC. 343. CARIBBEAN SUPPORT TENDER.
(a) IN GENERAL.—The Coast Guard is authorized to operate
and maintain a Caribbean Support Tender (or similar type vessel)
to provide technical assistance, including law enforcement training,
for foreign coast guards, navies, and other maritime services.
(b) MEDICAL AND DENTAL CARE.—(1) The Commandant may
provide medical and dental care to foreign military Caribbean Support Tender personnel and their dependents accompanying them
in the United States—
(A) on an outpatient basis without cost; and
(B) on an inpatient basis if the United States is reimbursed
for the costs of providing such care.
Payments received as reimbursement for the provision of such
care shall be credited to the appropriations against which the
charges were made for the provision of such care.
(2) Notwithstanding paragraph (1)(B), the Commandant may
provide inpatient medical and dental care in the United States
without cost to foreign military Caribbean Support Tender personnel and their dependents accompanying them in the United
States if comparable care is made available to a comparable number
of United States military personnel in that foreign country.
SEC. 344. PROHIBITION OF NEW MARITIME USER FEES.
Section 2110(k) of title 46, United States Code, is amended
by striking ‘‘2001’’ and inserting ‘‘2006’’.
14 USC 92 note.
SEC. 345. GREAT LAKES LIGHTHOUSES.
(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.
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(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.
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SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE
SYSTEM.
14 USC 88 note.
(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,
Deadline.
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use of commercial VHF services, and digital selective calling
services that meet or exceed Global Maritime Distress and
Safety System requirements adopted under the International
Convention for the Safety of Life at Sea;
(6) identify the number of VHF–FM radios equipped with
digital selective calling sold to United States boaters;
(7) list all reported marine accidents, casualties, and fatalities occurring in areas with existing communications gaps or
failures, including incidents associated with gaps in VHF–FM
coverage or digital selected calling capabilities and failures
associated with inadequate communications equipment aboard
the involved vessels during calendar years 1997 and thereafter;
(8) identify existing systems available to close all identified
marine safety gaps before January 1, 2003, including expeditious receipt and response by appropriate Coast Guard operations centers to VHF–FM digital selective calling distress
signal; and
(9) identify actions taken to-date to implement the recommendations of the National Transportation Safety Board
in its Report No. MAR–99–01.
SEC. 347. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND,
MAINE.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating, or a designee of the Secretary,
may convey to the Gulf of Maine Aquarium Development Corporation, its successors and assigns, without payment for
consideration, all right, title, and interest of the United States
in and to approximately 4.13 acres of land, including a pier
and bulkhead, known as the Naval Reserve Pier property,
together with any improvements thereon in their then current
condition, located in Portland, Maine. All conditions placed
with the deed of title shall be construed as covenants running
with the land.
(2) IDENTIFICATION OF PROPERTY.—The Secretary, in consultation with the Commandant of the Coast Guard, may identify, describe, and determine the property to be conveyed under
this section. The floating docks associated with or attached
to the Naval Reserve Pier property shall remain the personal
property of the United States.
(b) LEASE TO THE UNITED STATES.—
(1) CONDITION OF CONVEYANCE.—The Naval Reserve Pier
property shall not be conveyed until the Corporation enters
into a lease agreement with the United States, the terms of
which 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:
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(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
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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.
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(g) LIABILITY OF THE PARTIES.—The liability of the United
States and the Corporation for any injury, death, or damage to
or loss of property occurring on the leased property shall be determined with reference to existing State or Federal law, as appropriate, and any such liability may not be modified or enlarged
by this title or any agreement of the parties.
(h) EXPIRATION OF AUTHORITY TO CONVEY.—The authority to
convey the Naval Reserve property under this section shall expire
3 years after the date of enactment of this Act.
(i) DEFINITIONS.—In this section, the following definitions apply:
(1) AID TO NAVIGATION.—The term ‘‘aid to navigation’’
means equipment used for navigational purposes, including
a light, antenna, sound signal, electronic navigation equipment,
cameras, sensors power source, or other related equipment
which are operated or maintained by the United States.
(2) CORPORATION.—The term ‘‘Corporation’’ means the Gulf
of Maine Aquarium Development Corporation, its successors
and assigns.
SEC. 348. ADDITIONAL COAST GUARD FUNDING NEEDS AFTER SEPTEMBER 11, 2001.
(a) IN GENERAL.—No later than 90 days after the date of
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall submit a report to the Congress
that—
(1) compares Coast Guard expenditures by mission area
on an annualized basis before and after the terrorist attacks
of September 11, 2001;
(2) estimates—
(A) annual funding amounts and personnel levels that
would restore all Coast Guard mission areas to the readiness levels that existed before September 11, 2001;
(B) annual funding amounts and personnel levels
required to fulfill the Coast Guard’s additional responsibilities for port security after September 11, 2001; and
(C) annual funding amounts and personnel levels
required to increase law enforcement needs in mission
areas other than port security after September 11, 2001;
(3) generally describes the services provided by the Coast
Guard to the Department of Defense after September 11, 2001,
and states the cost of such services; and
(4) identifies the Federal agency providing funds for those
services.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of enactment of this Act, the Commandant of the Coast Guard
shall submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate identifying
mission targets for each Coast Guard mission for fiscal years 2003,
2004, and 2005 and the specific steps necessary to achieve those
targets. The Inspector General of the department in which the
Coast Guard is operating shall review the final strategic plan and
provide an independent report with its views to the Committees
within 90 days after the plan has been submitted by the Secretary.
Deadline.
Reports.
SEC. 349. MISCELLANEOUS CONVEYANCES.
(a) AUTHORITY TO CONVEY.—
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PUBLIC LAW 107–295—NOV. 25, 2002
(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
Pin˜ os 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
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116 STAT. 2113
by the United States for as long as they are needed for
this purpose;
(B) the owner of the property may not interfere or
allow interference in any manner with aids to navigation
without express written permission from the Commandant
of the Coast Guard;
(C) there is reserved to the United States the right
to relocate, replace, or add any aid to navigation or make
any changes to the property conveyed as may be necessary
for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the purpose
of operating, maintaining, and inspecting aids to navigation
and for the purpose of enforcing compliance with this subsection; and
(E) the United States shall have an easement of access
to and across the property for the purpose of maintaining
the aids to navigation in use on the property.
(4) MAINTENANCE OF PROPERTY.—(A) Subject to subparagraph (B), the owner of a property conveyed under this section
shall maintain the property in a proper, substantial, and
workmanlike manner, and in accordance with any conditions
established by the conveying authority pursuant to the National
Historic Preservation Act (16 U.S.C. 470 et seq.) and other
applicable laws.
(B) The owner of a property conveyed under this section
is not required to maintain any active aid to navigation equipment on the property, except private aids to navigation permitted under section 83 of title 14, United States Code.
(c) SPECIAL TERMS AND CONDITIONS.—The Secretary may retain
all right, title, and interest of the United States in and to any
portion of any parcel referred to in subsection (a)(1)(B) that the
Secretary considers appropriate.
(d) DEFINITIONS.—In this section, the following definitions
apply:
(1) AIDS TO NAVIGATION.—The term ‘‘aids to navigation’’
means equipment used for navigation purposes, including a
light, antenna, radio, sound signal, electronic navigation equipment, or other associated equipment which are operated or
maintained by the United States.
(2) OWNER.—The term ‘‘owner’’ means, for a property conveyed under this section, the person identified in subsection
(a)(1) of the property and includes any successor or assign
of that person.
TITLE IV—OMNIBUS MARITIME
IMPROVEMENTS
SEC. 401. SHORT TITLE.
Omnibus
Maritime and
Coast Guard
Improvements
Act of 2002.
14 USC 1 note.
This title may be cited as the ‘‘Omnibus Maritime and Coast
Guard Improvements Act of 2002’’.
SEC. 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.
(a) HOUSING CONTRACTORS.—Section 681(a) of title 14, United
States Code, is amended by inserting ‘‘, including a small business
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PUBLIC LAW 107–295—NOV. 25, 2002
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’’.
46 USC 12119
note.
SEC. 403. INVENTORY OF VESSELS FOR CABLE LAYING, MAINTENANCE, AND REPAIR.
Deadline.
Federal Register,
publication.
Federal Register,
publication.
46 USC app.
316a.
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(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.
SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.
(a) IN GENERAL.—Except in the case of a vessel in distress,
only a vessel of the United States (as that term is defined in
section 2101 of title 46, United States Code) may perform the
following escort vessel operations within the navigable waters of
the United States:
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(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.
SEC. 405. SEARCH AND RESCUE CENTER STANDARDS.
(a) IN GENERAL.—Title 14, United States Code, is amended—
(1) by redesignating the second section 673 and section
674 in order as sections 674 and 675; and
(2) by adding at the end of chapter 17 the following:
‘‘§ 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.
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PUBLIC LAW 107–295—NOV. 25, 2002
‘‘(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.’’.
14 USC 92 note.
SEC. 406. VHF COMMUNICATIONS SERVICES.
(a) The Secretary of the department in which the Coast Guard
is operating may authorize a person providing commercial VHF
communications services to place commercial VHF communications
equipment on real property under the administrative control of
the Coast Guard (including towers) subject to any terms agreed
to by the parties. The Secretary and that commercial VHF communications service provider also may enter into an agreement providing for VHF communications services to the Coast Guard
(including digital selective calling and radio direction finding services) at a discounted rate or price based on providing such access
to real property under the administrative control of the Coast
Guard.
(b) Commercial VHF communication equipment placed on real
property under the administrative control of the Coast Guard under
this section shall not interfere in any manner with any current
or future Coast Guard communication equipment.
(c) Nothing in 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.
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SEC. 407. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY
ACTIVITIES.
There is authorized to be appropriated to the Secretary of
the department in which the Coast Guard is operating $987,400
for fire, oil, and toxic spill response communications, training, equipment, and program administration activities conducted by nonprofit
organizations that act in cooperation with the Coast Guard, to
remain available until expended. Organizations receiving appropriated funds must have a multiyear record of spill and marine
fire response in Federal navigable waterways. Federal funds shall
not exceed 25 percent of such an organization’s total budget.
SEC. 408. CONFORMING REFERENCES TO THE FORMER MERCHANT
MARINE AND FISHERIES COMMITTEE.
(a) LAWS CODIFIED IN TITLE 14, UNITED STATES CODE.—(1)
Sections 194(b)(2) and 194(b)(5) of title 14, United States Code,
are amended by striking ‘‘Merchant Marine and Fisheries’’ and
inserting ‘‘Transportation and Infrastructure’’.
(2) Section 663 of title 14, United States Code, is amended
by striking ‘‘Merchant Marine and Fisheries’’ and inserting
‘‘Transportation and Infrastructure’’.
(3) Section 664(c) of title 14, United States Code, is amended
by striking ‘‘Merchant Marine and Fisheries’’ and inserting
‘‘Transportation and Infrastructure’’.
(b) LAWS CODIFIED IN TITLE 33, UNITED STATES CODE.—(1)
Section 3(d)(3) of the International Navigational Rules Act of 1977
(33 U.S.C. 1602(d)(3)) is amended by striking ‘‘Merchant Marine
and Fisheries’’ and inserting ‘‘Transportation and Infrastructure’’.
(2) Section 5004(2) of the Oil Pollution Act of 1990 (33 U.S.C.
2734(2)) is amended by striking ‘‘Merchant Marine and Fisheries’’
and inserting ‘‘Transportation and Infrastructure’’.
(c) LAWS CODIFIED IN TITLE 46, UNITED STATES CODE.—(1)
Section 6307(a) of title 46, United States Code, is amended by
striking ‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Transportation and Infrastructure’’.
(2) Section 901g(b)(3) of the Merchant Marine Act, 1936 (46
App. U.S.C. 1241k(b)(3)) is amended by striking ‘‘Merchant Marine
and Fisheries’’ and inserting ‘‘Transportation and Infrastructure’’.
(3) Section 913(b) of the International Maritime and Port Security Act (46 App. U.S.C. 1809(b)) is amended by striking ‘‘Merchant
Marine and Fisheries’’ and inserting ‘‘Transportation and Infrastructure’’.
SEC. 409. RESTRICTION ON VESSEL DOCUMENTATION.
Section 12108(a) of title 46, United States Code, is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) was built in the United States;’’;
(2) by striking ‘‘and’’ at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following:
‘‘(4) was not forfeited to the United States Government
after July 1, 2001, for a breach of the laws of the United
States; and’’.
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14 USC 477 note.
PUBLIC LAW 107–295—NOV. 25, 2002
SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT.
The Commandant of the Coast Guard shall ensure that all
Coast Guard personnel are equipped with adequate safety equipment, including hypothermia protective clothing where appropriate,
while performing search and rescue missions.
SEC. 411. RESERVE OFFICER PROMOTIONS.
(a) Section 729(i) of title 14, United States Code, is amended
by inserting ‘‘on the date a vacancy occurs, or as soon thereafter
as practicable in the grade to which the officer was selected for
promotion or, if promotion was determined in accordance with a
running mate system,’’ after ‘‘grade’’.
(b) Section 731(b) of title 14, United States Coast Code, is
amended by striking the period at the end and inserting ‘‘, or
in the event that promotion is not determined in accordance with
a running mate system, then a Reserve officer becomes eligible
for consideration for promotion to the next higher grade at the
beginning of the promotion year in which he or she completes
the following amount of service computed from the date of rank
in the grade in which he or she is serving:
‘‘(1) two years in the grade of lieutenant (junior grade);
‘‘(2) three years in the grade of lieutenant;
‘‘(3) four years in the grade of lieutenant commander;
‘‘(4) four years in the grade of commander; and
‘‘(5) three years in the grade of captain.’’.
(c) Section 736(a) of title 14, United States Code, is amended
by inserting ‘‘the date of rank shall be the date of appointment
in that grade, unless the promotion was determined in accordance
with a running mate system, in which event’’ after ‘‘subchapter,’’.
SEC. 412. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS;
CONTINUATION UPON FAILURE OF SELECTION FOR PROMOTION.
Section 285 of title 14, United States Code, is amended—
(1) by striking ‘‘Each officer’’ and inserting ‘‘(a) Each
officer’’; and
(2) by adding at the end the following:
‘‘(b) A lieutenant commander or commander of the Regular
Coast Guard subject to discharge or retirement under subsection
(a) may be continued on active duty when the Secretary directs
a selection board convened under section 251 of this title to continue
up to a specified number of lieutenant commanders or commanders
on active duty. When so directed, the selection board shall recommend those officers who in the opinion of the board are best
qualified to advance the needs and efficiency of the Coast Guard.
When the recommendations of the board are approved by the Secretary, the officers recommended for continuation shall be notified
that they have been recommended for continuation and offered
an additional term of service that fulfills the needs of the Coast
Guard.
‘‘(c)(1) An officer who holds the grade of lieutenant commander
of the Regular Coast Guard may not be continued on active duty
under subsection (b) for a period that extends beyond 24 years
of active commissioned service unless promoted to the grade of
commander of the Regular Coast Guard. An officer who holds the
grade of commander of the Regular Coast Guard may not be continued on active duty under subsection (b) for a period that extends
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beyond 26 years of active commissioned service unless promoted
to the grade of captain of the Regular Coast Guard.
‘‘(2) Unless retired or discharged under another provision of
law, each officer who is continued on active duty under subsection
(b) but is not subsequently promoted or continued on active duty,
and is not on a list of officers recommended for continuation or
for promotion to the next higher grade, shall, if eligible for retirement under any provision of law, be retired under that law on
the first day of the first month following the month in which
the period of continued service is completed.’’.
SEC. 413. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE PROGRAM.
(a) IN GENERAL.—Chapter 21 of title 14, United States Code,
is amended by inserting after section 709 the following new section:
‘‘§ 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.
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‘‘(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.’’.
SEC. 414. CONTINUATION ON ACTIVE DUTY BEYOND THIRTY YEARS.
Section 289 of title 14, United States Code, is amended by
adding at the end the following new subsection:
‘‘(h) Notwithstanding subsection (g) and section 288 of this
title, the Commandant may by annual action retain on active duty
from promotion year to promotion year any officer who would otherwise be retired under subsection (g) or section 288 of this title.
An officer so retained, unless retired under some other provision
of law, shall be retired on June 30 of that promotion year in
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which no action is taken to further retain the officer under this
subsection.’’.
SEC. 415. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST
GUARD AUXILIARISTS.
Section 823a(b) of title 14, United States Code, is amended
by inserting after paragraph (8) the following:
‘‘(9) On or after January 1, 2001, section 651 of Public
Law 104–208.’’.
SEC. 416. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION
OF COMMISSION AUTHORITY WITH DEPARTMENT OF
DEFENSE AUTHORITY.
(a) IN GENERAL.—Chapter 11 of title 14, United States Code,
is amended—
(1) in section 281—
(A) by striking ‘‘three’’ in the section heading and
inserting ‘‘five’’; and
(B) by striking ‘‘three’’ in the text and inserting ‘‘five’’;
(2) in section 283(b)(2)(A), by striking ‘‘severance’’ and
inserting ‘‘separation’’;
(3) in section 286—
(A) by striking ‘‘severance’’ in the section heading
and inserting ‘‘separation’’; and
(B) by striking subsection (b) and inserting the following:
‘‘(b) An officer of the Regular Coast Guard who is discharged
under this section or section 282, 283, or 284 of this title and
has completed 6 or more, but less than 20, continuous years of
active service immediately before that discharge or release is entitled to separation pay computed under subsection (d)(1) of section
1174 of title 10.
‘‘(c) An officer of the Regular Coast Guard who is discharged
under section 327 of this title and has completed 6 or more, but
less than 20, continuous years of active service immediately before
that discharge or release is entitled to separation pay computed
under subsection (d)(1) or (d)(2) of section 1174 of title 10 as
determined under regulations promulgated by the Secretary.
‘‘(d) Notwithstanding subsections (a) and (b), an officer discharged under chapter 11 of this title for twice failing of selection
for promotion to the next higher grade is not entitled to separation
pay under this section if the officer requested in writing or otherwise
sought not to be selected for promotion, or requested removal from
the list of selectees.’’;
(4) in section 286a—
(A) by striking ‘‘severance’’ in the section heading
and inserting ‘‘separation’’ in its place; and
(B) by striking subsections (a), (b), and (c) and inserting
the following:
‘‘(a) A regular warrant officer of the Coast Guard who is discharged under section 580 of title 10, and has completed 6 or
more, but less than 20, continuous years of active service immediately before that discharge is entitled to separation pay computed
under subsection (d)(1) of section 1174 of title 10.
‘‘(b) A regular warrant officer of the Coast Guard who is discharged under section 1165 or 1166 of title 10, and has completed
6 or more, but less than 20, continuous years of active service
immediately before that discharge is entitled to separation pay
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PUBLIC LAW 107–295—NOV. 25, 2002
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.
SEC. 417. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE PROPERTY.
(a) IN GENERAL.—Chapter 17 of title 14, United States Code,
is amended by inserting after section 672 the following:
‘‘§ 672a. Long-term lease authority for lighthouse property
‘‘(a) The Commandant of the Coast Guard may lease to nonFederal 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
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of any utilities and services furnished to a lessee of such property
by the Commandant, may consist, in whole or in part, of nonpecuniary remuneration including the improvement, alteration, restoration, rehabilitation, repair, and maintenance of the leased premises by the lessee. Section 321 of chapter 314 of the Act of June
30, 1932 (40 U.S.C. 303b) shall not apply to leases issued by
the Commandant under this section.
‘‘(b) Amounts received from leases made under this section,
less expenses incurred, shall be deposited in the Treasury.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
17 of title 14, United States Code, is amended by inserting after
the item relating to section 672 the following:
‘‘672a. Long-term lease authority for lighthouse property.’’.
SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS.
(a) IN GENERAL.—Section 3 of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903) is amended—
(1) in subsection (c)(1)(D), by striking ‘‘and’’;
(2) in subsection (c)(1)(E), by striking ‘‘United States.’’ and
inserting ‘‘United States; and’’; and
(3) by inserting after subsection (c)(1)(E) the following:
‘‘(F) a vessel located in the contiguous zone of the United
States, as defined in Presidential Proclamation 7219 of September 2, 1999, and (i) is entering the United States, (ii)
has departed the United States, or (iii) is a hovering vessel
as defined in section 401 of the Tariff Act of 1930 (19 U.S.C.
1401).’’.
(b) MARITIME DRUG LAW ENFORCEMENT AMENDMENT.—Section
4 of the Maritime Drug Law Enforcement Act (46 App. U.S.C.
1904) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Any property’’; and
(2) by adding at the end the following:
‘‘(b) Practices commonly recognized as smuggling tactics may
provide prima facie evidence of 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 overpowered in relation to the design and size of the vessel;
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‘‘(E) the presence of materials used to reduce or alter
the heat or radar signature of the vessel and avoid detection;
‘‘(F) the presence of a camouflaging paint scheme, or
of materials used to camouflage the vessel, to avoid detection; or
‘‘(G) the display of false vessel registration numbers,
false indicia of vessel nationality, false vessel name, or
false vessel homeport.
‘‘(2) The presence or absence of equipment, personnel, or
cargo inconsistent with the type or declared purpose of the
vessel.
‘‘(3) The presence of excessive fuel, lube oil, food, water,
or spare parts, inconsistent with legitimate vessel operation,
inconsistent with the construction or equipment of the vessel,
or inconsistent with the character of the vessel’s stated purpose.
‘‘(4) The operation of the vessel without lights during times
lights are required to be displayed under applicable law or
regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities.
‘‘(5) The failure of the vessel to stop or respond or heave
to when hailed by government authority, especially where the
vessel conducts evasive maneuvering when hailed.
‘‘(6) The declaration to government authority of apparently
false information about the vessel, crew, or voyage or the failure
to identify the vessel by name or country of registration when
requested to do so by government authority.
‘‘(7) The presence of controlled substance residue on the
vessel, on an item aboard the vessel, or on a person aboard
the vessel, of a quantity or other nature which reasonably
indicates manufacturing or distribution activity.
‘‘(8) The use of petroleum products or other substances
on the vessel to foil the detection of controlled substance residue.
‘‘(9) The presence of a controlled substance in the water
in the vicinity of the vessel, where given the currents, weather
conditions, and course and speed of the vessel, the quantity
or other nature is such that it reasonably indicates manufacturing or distribution activity.’’.
SEC. 419. WING-IN-GROUND CRAFT.
(a) SMALL PASSENGER VESSEL.—Section 2101(35) of title 46,
United States Code, is amended by inserting ‘‘a wing-in-ground
craft, regardless of tonnage, carrying at least one passenger for
hire, and’’ after ‘‘ ‘small passenger vessel’ means’’.
(b) WING-IN-GROUND CRAFT.—Section 2101 of title 46, United
States Code, is amended by adding at the end the following:
‘‘(48) ‘wing-in-ground craft’ means a vessel that is capable
of operating completely above the surface of the water on a
dynamic air cushion created by aerodynamic lift due to the
ground effect between the vessel and the water’s surface.’’.
SEC. 420. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR
VESSELS.
Section 31321(a)(4) of title 46, United States Code, is
amended—
(1) by striking ‘‘(A)’’; and
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(2) by striking subparagraph (B).
SEC. 421. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT
MARINERS’ DOCUMENTS.
Section 7303 of title 46, United States Code, is amended by
striking ‘‘the thumbprint,’’.
SEC. 422. TEMPORARY CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS.
(a) Section 12103(a) of title 46, United States Code, is amended
by inserting ‘‘, or a temporary certificate of documentation,’’ after
‘‘certificate of documentation’’.
(b)(1) Chapter 121 of title 46, United States Code, is amended
by adding after section 12103 the following:
‘‘§ 12103a. Issuance of temporary certificate of documentation by third parties
‘‘(a) The Secretary of the department in which the Coast Guard
is operating may delegate, subject to the supervision and control
of the Secretary and under terms set out by regulation, to private
entities determined and certified by the Secretary to be qualified,
the authority to issue a temporary certificate of documentation
for a recreational vessel if the applicant for the certificate of documentation meets the requirements set out in sections 12102 and
12103 of this chapter.
‘‘(b) A temporary certificate of documentation issued under
section 12103(a) and subsection (a) of this section is valid for
up to 30 days from issuance.’’.
(2) The table of sections for chapter 121 of title 46, United
States Code, is amended by inserting after the item relating to
section 12103 the following:
‘‘12103a. Issuance of temporary certificate of documentation by third parties.’’.
SEC. 423. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN
VESSELS.
Section 6101 of title 46, United States Code, is amended—
(1) by redesignating the second subsection (e) as subsection
(f); and
(2) by adding at the end the following:
‘‘(g) To the extent consistent with generally recognized practices
and procedures of international law, this part applies to a foreign
vessel involved in a marine casualty or incident, as defined in
the International Maritime Organization Code for the Investigation
of Marine Casualties and Incidents, where the United States is
a Substantially Interested State and is, or has the consent of,
the Lead Investigating State under the Code.’’.
SEC. 424. CONVEYANCE OF COAST GUARD PROPERTY IN HAMPTON
TOWNSHIP, MICHIGAN.
(a) REQUIREMENT TO CONVEY.—
(1) IN GENERAL.—Notwithstanding any other law, the Secretary of the department in which the Coast Guard is operating
may convey to BaySail, Inc. (a nonprofit corporation established
under the laws of the State of Michigan; in this section referred
to as ‘‘BaySail’’), without monetary consideration, all right,
title, and interest of the United States in and to property
adjacent to Coast Guard Station Saginaw River, located in
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Hampton Township, Michigan, as identified under paragraph
(2). No submerged lands may be conveyed under this section.
(2) IDENTIFICATION OF PROPERTY.—The Secretary, in consultation with the Commandant of the Coast Guard, shall identify, describe, and determine the property to be conveyed under
this section.
(3) SURVEY.—The exact acreage and legal description of
the property conveyed under paragraph (1), as identified under
paragraph (2), and any easements or rights-of-way reserved
by the United States under subsection (b), shall be determined
by a survey satisfactory to the Secretary. The cost of the survey
shall be borne by BaySail.
(b) TERMS AND CONDITIONS OF CONVEYANCE.—The conveyance
of property under this section shall be made subject to any terms
and conditions the Secretary considers necessary, including the
reservation of easements and other rights on behalf of the United
States.
(c) REVERSIONARY INTEREST.—
(1) IN GENERAL.—During the 5-year period beginning on
the date the Secretary makes the conveyance authorized by
subsection (a), the real property conveyed pursuant to this
section, at the option of the Secretary, shall revert to the
United States and be placed under the administrative control
of the Secretary if—
(A) BaySail sells, conveys, assigns, exchanges, or
encumbers the property conveyed or any part thereof;
(B) BaySail fails to maintain the property conveyed
in a manner consistent with the terms and conditions under
subsection (b);
(C) BaySail conducts any commercial activity at the
property conveyed, or any part thereof, without approval
of the Secretary; or
(D) at least 30 days before the reversion, the Secretary
provides written notice to the owner that the property
or any part thereof is needed for national security purposes.
(2) ADDITIONAL PERIOD.—The Secretary may, before the
last day of the 5-year period described in paragraph (1),
authorize an additional 5-year period during which paragraph
(1) shall apply.
SEC. 425. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.
Section 1005(c) of the Coast Guard Authorization Act of 1996
(110 Stat. 3957) is amended by striking ‘‘the Traverse City Area
Public School District’’ and inserting ‘‘a public or private nonprofit
entity for an educational or recreational purpose’’.
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14 USC 2 note.
SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILITIES AND
READINESS TO FULFILL NATIONAL DEFENSE RESPONSIBILITIES.
Deadline.
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.
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SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL RECOVERY
INSTITUTE.
Section 5001(i) of the Oil Pollution Act of 1990 (33 U.S.C.
2731(i)) is amended by striking ‘‘10 years’’ and all that follows
through the period at the end and inserting ‘‘September 30, 2012.’’.
SEC. 428. PROTECTION AGAINST DISCRIMINATION.
(a) IN GENERAL.—Section 2114(a) of title 46, United States
Code, is amended to read as follows:
‘‘(a)(1) A person may not discharge or in any manner discriminate against a seaman because—
‘‘(A) the seaman in good faith has reported or is about
to report to the Coast Guard or other appropriate Federal
agency or department that the seaman believes that a violation
of a maritime safety law or regulation prescribed under that
law or regulation has occurred; or
‘‘(B) the seaman has refused to perform duties ordered
by the seaman’s employer because the seaman has a reasonable
apprehension or expectation that performing such duties would
result in serious injury to the seaman, other seamen, or the
public.
‘‘(2) The circumstances causing a seaman’s apprehension of
serious injury under paragraph (1)(B) must be of such a nature
that a reasonable person, under similar circumstances, would conclude that there is a real danger of an injury or serious impairment
of health resulting from the performance of duties as ordered by
the seaman’s employer.
‘‘(3) To qualify for protection against the seaman’s employer
under paragraph (1)(B), the employee must have sought from the
employer, and been unable to obtain, correction of the unsafe condition.’’.
(b) APPROPRIATE RELIEF.—Section 2114(b) of such title is
amended—
(1) in paragraph (1) by striking ‘‘and’’ at the end;
(2) in paragraph (2) by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
‘‘(3) an award of costs and reasonable attorney’s fees to
a prevailing plaintiff not exceeding $1,000; and
‘‘(4) an award of costs and reasonable attorney’s fees to
a prevailing employer not exceeding $1,000 if the court finds
that a complaint filed under this section is frivolous or has
been brought in bad faith.’’.
SEC. 429. ICEBREAKING SERVICES.
14 USC 93 note.
The Commandant of the Coast Guard shall not plan, implement, or finalize any regulation or take any other action which
would result in the decommissioning of any WYTL-class harbor
tugs unless and until the Commandant certifies in writing to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives that sufficient replacement capability has
been procured by the Coast Guard to remediate any degradation
in current icebreaking services that would be caused by such
decommissioning.
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SEC. 430. FISHING VESSEL SAFETY TRAINING.
(a) IN GENERAL.—The Commandant of the Coast Guard may
provide support, with or without reimbursement, to an entity
engaged in fishing vessel safety training, including—
(1) assistance in developing training curricula;
(2) use of Coast Guard personnel, including active duty
members, members of the Coast Guard Reserve, and members
of the Coast Guard Auxiliary, as temporary or adjunct instructors;
(3) sharing of appropriate Coast Guard informational and
safety publications; and
(4) participation on applicable fishing vessel safety training
advisory panels.
(b) NO INTERFERENCE WITH OTHER FUNCTIONS.—In providing
support under subsection (a), the Commandant shall ensure that
the support does not interfere with any Coast Guard function or
operation.
SEC. 431. LIMITATION ON LIABILITY OF PILOTS AT COAST GUARD
VESSEL TRAFFIC SERVICES.
(a) IN GENERAL.—Chapter 23 of title 46, United States Code,
is amended by adding at the end the following:
‘‘§ 2307. Limitation of liability for Coast Guard Vessel Traffic
Service pilots
‘‘Any pilot, acting in the course and scope of his or her duties
while at a United States Coast Guard Vessel Traffic Service, who
provides information, advice, or communication assistance while
under the supervision of a Coast Guard officer, member, or employee
shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross
negligence or willful misconduct.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
23 of title 46, United States Code, is amended by adding at the
end the following:
‘‘2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots.’’.
SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON CHICAGO
LAKEFRONT.
(a) ASSISTANCE AUTHORIZED.—The Coast Guard may transfer
funds, appropriated by Public Law 107–87 for the construction
of a Coast Guard Marine Safety and Rescue Station in Chicago,
Illinois, to the City of Chicago to pay the Federal share of the
cost of a project to demolish the Old Coast Guard Station, located
at the north end of the inner Chicago Harbor breakwater at the
foot of Randolph Street, and to plan, engineer, design, and construct
a new facility at that site for use as a marine safety station
on the Chicago lakefront.
(b) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the cost of a
project carried out with assistance under this section may not
exceed one-third of the total cost of the project or $2,000,000,
whichever is less.
(2) NON-FEDERAL SHARE.—There shall not be applied to
the non-Federal share of a project carried out with assistance
under this section—
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(A) the value of land and existing facilities used for
the project; and
(B) any costs incurred for site work performed before
the date of the enactment of this Act, including costs for
reconstruction of the east breakwater wall and associated
utilities.
SEC. 433. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND
ASSOCIATED EQUIPMENT RECALLS.
Section 4310(c) of title 46, United States Code, is amended—
(1) in each of paragraphs (2)(A) and (2)(B) by striking
‘‘5’’ and inserting ‘‘10’’; and
(2) in each of paragraphs (1)(A), (1)(B), and (1)(C) by
inserting ‘‘by first class mail or’’ before ‘‘by certified mail’’.
SEC. 434. REPAIR OF MUNICIPAL DOCK, ESCANABA, MICHIGAN.
The Secretary of Transportation may transfer to the City of
Escanaba, Michigan, up to $300,000 of funds appropriated for Coast
Guard acquisition, construction, and improvements by Public Law
107–87, for the repair of the North wall of the municipal dock,
Escanaba, Michigan.
SEC. 435. VESSEL GLOBAL EXPLORER.
The Secretary of Transportation shall amend the certificate
of documentation of the vessel GLOBAL EXPLORER (United States
official number 556069) to state that the vessel was built in the
year 2002 in Gulfport, Mississippi.
SEC. 436. ALEUTIAN TRADE.
(a) LOADLINES.—Section 5102(b)(5)(B)(ii) of title 46, United
States Code, is amended by inserting ‘‘is not’’ after ‘‘(ii)’’.
(b) IMPLEMENTATION.—Except as provided in subsection (c),
a fish tender vessel that before January 1, 2003, transported cargo
(not including fishery related products) in the Aleutian trade is
subject to chapter 51 of title 46, United States Code (as amended
by subsection (a) of this section).
(c) EXCEPTION.—
(1) IN GENERAL.—Before December 31, 2006, the BOWFIN
(United States official number 604231) is exempt from chapter
51 of title 46, United States Code (as amended by subsection
(a) of this section) when engaged in the Aleutian trade, if
the vessel does not undergo a major conversion.
(2) ENSURING SAFETY.—Before the date referred to in paragraph (1), a Coast Guard official who has reason to believe
that the vessel referred to in paragraph (1) operating under
this subsection is in a condition or is operated in a manner
that creates an immediate threat to life or the environment
or is operated in a manner that is inconsistent with section
3302 of title 46, United States Code, may direct the master
or individual in charge to take immediate and reasonable steps
to safeguard life and the environment, including directing the
vessel to a port or other refuge.
SEC. 437. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY REVISION.
46 USC 5102
note.
46 USC 5102
note.
16 USC 460s–15.
(a) TRANSFER.—As soon as practicable after the date of enactment of this Act, the Administrator of General Services may transfer
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to the Secretary, without consideration, administrative jurisdiction
over, and management of, the public land.
(b) BOUNDARY REVISION.—The boundary of the Lakeshore is
revised to include the public land transferred under subsection
(a).
(c) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National
Park Service.
(d) ADMINISTRATION.—The Secretary may administer the public
land transferred under section (a)—
(1) as part of the Lakeshore; and
(2) in accordance with applicable laws (including regulations).
(e) ACCESS TO AIDS TO NAVIGATION.—The Secretary of
Transportation, in consultation with the Secretary, may access the
front and rear range lights on the public land for the purposes
of servicing, operating, maintaining, and repairing those lights.
(f) DEFINITIONS.—In this section:
(1) LAKESHORE.—The term ‘‘Lakeshore’’ means the Pictured
Rocks National Lakeshore in the State of Michigan.
(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Proposed Addition to Pictured Rocks National Lakeshore’’, numbered 625/80048, and dated April 2002.
(3) PUBLIC LAND.—The term ‘‘public land’’ means the
approximately .32 acres of United States Coast Guard land
and improvements to the land, including the United States
Coast Guard Auxiliary Operations Station and the front and
rear range lights, as depicted on the map.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary $225,000 to restore, preserve,
and maintain the public land transferred under subsection (a).
SEC. 438. LORAN-C.
There are authorized to be appropriated to the Department
of Transportation, in addition to funds authorized for the Coast
Guard for operation of the LORAN-C system, for capital expenses
related to LORAN-C navigation infrastructure, $25,000,000 for
fiscal year 2003. The Secretary of Transportation may transfer
from the Federal Aviation Administration and other agencies of
the Department funds appropriated as authorized under this section
in order to reimburse the Coast Guard for related expenses.
SEC. 439. AUTHORIZATION OF PAYMENT.
(a) IN GENERAL.—The Secretary of the Treasury shall pay
the sum of $71,000, out of funds in the Treasury not otherwise
appropriated, to the State of Hawaii, such sum being the damages
arising out of the June 19, 1997, allision by the United States
Coast Guard Cutter RUSH with the ferry pier at Barber’s Point
Harbor, Hawaii.
(b) FULL SETTLEMENT.—The payment made under subsection
(a) is in full settlement of all claims by the State of Hawaii against
the United States arising from the June 19, 1997, allision.
33 USC 1321
note.
Deadline.
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SEC. 440. REPORT ON OIL SPILL RESPONDER IMMUNITY.
(a) REPORT TO CONGRESS.—Not later than January 1, 2004,
the Secretary of the department in which the Coast Guard is
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116 STAT. 2131
operating, jointly with the Secretary of Commerce and the Secretary
of the Interior, and after consultation with the Administrator of
the Environmental Protection Agency and the Attorney General,
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the
immunity from criminal and civil penalties provided under existing
law of a private responder (other than a responsible party) in
the case of the incidental take of federally listed fish or wildlife
that results from, but is not the purpose of, carrying out an otherwise lawful activity conducted by that responder during an oil
spill removal activity where the responder was acting in a manner
consistent with the National Contingency Plan or as otherwise
directed by the Federal On-Scene Coordinator for the spill, and
on the circumstances under which such penalties have been or
could be imposed on a private responder. The report shall take
into consideration the procedures under the Inter-Agency Memorandum for addressing incidental takes.
(b) DEFINITIONS.—In this section—
(1) the term ‘‘Federal On-Scene Coordinator’’ has the
meaning given that term in section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321);
(2) the term ‘‘incidental take’’ has the meaning given that
term in the Inter-Agency Memorandum;
(3) the term ‘‘Inter-Agency Memorandum’’ means the InterAgency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities under the Federal Water Pollution
Control Act’s National Oil and Hazardous Substances Pollution
Contingency Plan and the Endangered Species Act, effective
on July 22, 2001;
(4) the terms ‘‘National Contingency Plan’’, ‘‘removal’’, and
‘‘responsible party’’ have the meanings given those terms under
section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701);
and
(5) the term ‘‘private responder’’ means a nongovernmental
entity or individual that is carrying out an oil spill removal
activity at the direction of a Federal agency or a responsible
party.
SEC. 441. FISHING AGREEMENTS.
(a) IN GENERAL.—Section 10601(a) of title 46, United States
Code, is amended—
(1) by inserting after ‘‘on a voyage, the’’ the following:
‘‘owner, charterer, or managing operator, or a representative
thereof, including the’’; and
(2) by inserting a comma after ‘‘individual in charge’’.
(b) CLERICAL AND CONFORMING AMENDMENTS.—Section 10601
of title 46, United States Code, is amended—
(1) in subsection (a) by striking ‘‘enployed’’ and inserting
‘‘employed’’;
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(c) APPLICATION.—An agreement that complies with the requirements of section 10601(a) of title 46, United States Code, as herein
amended, and that is not the subject of an action prior to June
20, 2002, alleging a breach of subsections (a) or (b) of section
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46 USC 10601
note.
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PUBLIC LAW 107–295—NOV. 25, 2002
10601 as in effect on such date, is hereby deemed to have been
in compliance with such subsections.
SEC. 442. ELECTRONIC PUBLISHING OF MARINE CASUALTY REPORTS.
Deadline.
46 USC 6101
note.
(a) IN GENERAL.—Section 6101 of title 46, United States Code,
is amended by adding at the end the following:
‘‘(g)(1) The Secretary shall publish all major marine casualty
reports prepared in accordance with this section in an electronic
form, and shall provide information electronically regarding how
other marine casualty reports can be obtained.
‘‘(2) For purposes of this paragraph, the term ‘major marine
casualty’ means a casualty involving a vessel, other than a public
vessel, that results in—
‘‘(A) the loss of 6 or more lives;
‘‘(B) the loss of a mechanically propelled vessel of 100
or more gross tons;
‘‘(C) property damage initially estimated at $500,000 or
more; or
‘‘(D) serious threat, as determined by the Commandant
of the Coast Guard with concurrence by the Chairman of the
National Transportation Safety Board, to life, property, or the
environment by hazardous materials.
‘‘(h) The Secretary shall, as soon as possible, and no later
than January 1, 2005, publish all marine casualty reports prepared
in accordance with this section in an electronic form.’’.
(b) APPLICATION.—The amendment made by subsection (a)
applies to all marine casualty reports completed after the date
of enactment of this Act.
SEC. 443. SAFETY AND SECURITY OF PORTS AND WATERWAYS.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.)
is amended—
(1) by striking ‘‘safety and protection of the marine environment’’ in section 2(a) (33 U.S.C. 1221(a)) and inserting ‘‘safety,
protection of the marine environment, and safety and security
of United States ports and waterways’’; and
(2) by striking ‘‘safety and protection of the marine environment,’’ in section 5(a) (33 U.S.C. 1224(a)) and inserting ‘‘safety,
protection of the marine environment, and the safety and security of United States ports and waterways,’’.
SEC. 444. SUSPENSION OF PAYMENT.
(a) IN GENERAL.—Title 14, United States Code, is amended
by inserting after section 424 the following:
‘‘§ 424a. Suspension of payment of retired pay of members
who are absent from the United States to avoid
prosecution
‘‘Under procedures prescribed by the Secretary, the Secretary
may suspend the payment of the retired pay of a member or
former member during periods in which the member willfully
remains outside the United States to avoid criminal prosecution
or civil liability. The procedures shall address the types of criminal
offenses and civil proceedings for which the procedures may be
used, including the offenses specified in section 8312 of title 5,
and the manner by which a member, upon the return of the member
to the United States, may obtain retired pay withheld during the
member’s absence.’’.
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116 STAT. 2133
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 11 of title 14, United States Code, is amended
by inserting after the item relating to section 424 the following:
‘‘424a. Suspension of payment of retired pay of members who are absent from the
United States to avoid prosecution.’’.
SEC. 445. PROHIBITION ON NAVIGATION FEES.
Section 4 of the Rivers and Harbors Appropriation Act of 1884
(33 U.S.C. 5) is amended as follows:
(1) The existing text is designated as subsection (a).
(2) The following is added at the end:
‘‘(b) No taxes, tolls, operating charges, fees, or any other impositions whatever shall be levied upon or collected from any vessel
or other water craft, or from its passengers or crew, by any nonFederal interest, if the vessel or water craft is operating on any
navigable waters subject to the authority of the United States,
or under the right to freedom of navigation on those waters, except
for—
‘‘(1) fees charged under section 208 of the Water Resources
Development Act of 1986 (33 U.S.C. 2236); or
‘‘(2) reasonable fees charged on a fair and equitable basis
that—
‘‘(A) are used solely to pay the cost of a service to
the vessel or water craft;
‘‘(B) enhance the safety and efficiency of interstate
and foreign commerce; and
‘‘(C) do not impose more than a small burden on interstate or foreign commerce.’’.
TITLE V—AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD
Coast Guard
Authorization
Act for Fiscal
Year 2003.
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Authorization
Act for Fiscal Year 2003’’.
SEC. 502. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2003
for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$4,327,456,000, of which $25,000,000 is authorized to be derived
from the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore facilities,
vessels, and aircraft, including equipment related thereto,
$725,000,000, of which $20,000,000 is authorized to be derived
from the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard’s mission in
support of search and rescue, aids to navigation, marine safety,
marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $22,000,000, to remain available until expended, of which
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PUBLIC LAW 107–295—NOV. 25, 2002
$3,500,000 is authorized to be derived each fiscal year from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose),
payments under the Retired Serviceman’s Family Protection
and Survivor Benefit Plans, and payments for medical care
of retired personnel and their dependents under chapter 55
of title 10, United States Code, $889,000,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated
with the Bridge Alteration Program, $18,000,000, to remain
available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $17,000,000, to remain
available until expended.
SEC. 503. AUTHORIZED
TRAINING.
LEVELS
OF
MILITARY
STRENGTH
AND
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized
an end-of-year strength for active duty personnel of 45,500 as
of September 30, 2003.
(b) MILITARY TRAINING STUDENT LOADS.—The Coast Guard
is authorized average military training student loads as follows:
(1) For recruit and special training for fiscal year 2003,
2,250 student years.
(2) For flight training for fiscal year 2003, 125 student
years.
(3) For professional training in military and civilian institutions for fiscal year 2003, 300 student years.
(4) For officer acquisition for fiscal year 2003, 1,150 student
years.
Approved November 25, 2002.
LEGISLATIVE HISTORY—S. 1214 (H.R. 3983):
HOUSE REPORTS: Nos. 107–405 accompanying H.R. 3983 (Comm. on Transportation and Infrastructure) and 107–777 (Comm. of Conference).
SENATE REPORTS: No. 107–64 (Comm. on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 147 (2001): Dec. 20, considered and passed Senate.
Vol. 148 (2002): June 4, considered and passed House, amended, in lieu of
H.R. 3983.
Nov. 14, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Nov. 25, Presidential statement.
Æ
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| File Type | application/pdf |
| File Modified | 2003-01-03 |
| File Created | 2003-01-03 |