Statutory Authorization

PUBLIC LAW 103-62-AUG.

3,1993

107 STAT.287

(b) PERFORMANCE
PLANSAND REpo~~s.-Chapter 11 of title
31, United States Code, is amended by adding after section 1114
the following new sections:
"11115. Performance plans
"(a) In carrying out the provisions of section 1105(a)(29), the
Director of the Office of Management and Budget shall require
each agency to prepare an annual performance plan covering each
program activity set forth in the budget of such agency. Such
plan shall"(1) establish performance goals to define the level of
performance to be achieved by a program activity;
''(2) express such goals in an objective, quantifiable, and
measurable form unless authorized to be in an alternative
form under subsection (b);
"(3) briefly describe the operational processes, skills and
technology, and the human, capital, information, or other
resources re uired to meet the performance goals;
''(4) estalish performance indicators to be used in measuring or assessing the relevant outputs, service levels, and outcomes of each program activity;
"(5) provide a basis for comparing actual program results
with the established performance goals; and
"(6) describe the means to be used to yerify and validate
measured values.
"(b) If an agency, in consultation with the Director of the
Office of Management and Budget, determines that it is not feasible
to express the performance goals for a particular program activity
in an objective, quantifiable, and measurable form, the Director
of the Office of Management and Budget may authorize a n alternative form. Such alternative form shall"(1)include separate descriptive statements of"(A)(i) a minimally effective program, and
'Yii) a successful program, or
"(B) such alternative as authorized by the Director
of the Office of Management and Budget,
with sufficient precision and in such terms that would allow
for an accurate, independent determination of whether the program activity's performance meets the criteria of the description; or
"(2) state wh it is infeasible or impractical to express
a performance g o d i n any form for the program activity.
"(c) For the purpose of complying with this section, an agency
may aggregate, disaggregate, or consolidate program activities,
except that any aggregation or consolidation may not omit or minimize the significance of any program activity constituting a major
function or operation for the agency.
"(d) An agency may submit with its annual performance plan
a n appendix covering any portion of the plan that''(1) is specifically authorized under criteria established
by an Executive order to be kept secret in the interest of
national defense or foreign policy; and
''(2) is properly classified pursuant to such Executive order.
"(el The functions and activities of this section shall be considered to be inherently Governmental functions. The drafting of
performance plans under this section shall be performed only by
Federal employees.

PUBLIC LAW 107–296—NOV. 25, 2002

116 STAT. 2249

(3) POTENTIAL PUBLIC HEALTH EMERGENCY.—In cases
involving, or potentially involving, a public health emergency,
but in which no determination of an emergency by the Secretary
of Health and Human Services under section 319(a) of the
Public Health Service Act (42 U.S.C. 247d(a)), has been made,
all relevant agencies, including the Department of Homeland
Security, the Department of Justice, and the Federal Bureau
of Investigation, shall keep the Secretary of Health and Human
Services and the Director of the Centers for Disease Control
and Prevention fully and currently informed.
SEC. 888. PRESERVING COAST GUARD MISSION PERFORMANCE.

6 USC 468.

(a) DEFINITIONS.—In this section:
(1) NON-HOMELAND SECURITY MISSIONS.—The term ‘‘nonhomeland security missions’’ means the following missions of
the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (fisheries law enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) HOMELAND SECURITY MISSIONS.—The term ‘‘homeland
security missions’’ means the following missions of the Coast
Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) TRANSFER.—There are transferred to the Department the
authorities, functions, personnel, and assets of the Coast Guard,
which shall be maintained as a distinct entity within the Department, including the authorities and functions of the Secretary of
Transportation relating thereto.
(c) MAINTENANCE OF STATUS OF FUNCTIONS AND ASSETS.—Notwithstanding any other provision of this Act, the authorities, functions, and capabilities of the Coast Guard to perform its missions
shall be maintained intact and without significant reduction after
the transfer of the Coast Guard to the Department, except as
specified in subsequent Acts.
(d) CERTAIN TRANSFERS PROHIBITED.—No mission, function, or
asset (including for purposes of this subsection any ship, aircraft,
or helicopter) of the Coast Guard may be diverted to the principal
and continuing use of any other organization, unit, or entity of
the Department, except for details or assignments that do not
reduce the Coast Guard’s capability to perform its missions.
(e) CHANGES TO MISSIONS.—
(1) PROHIBITION.—The Secretary may not substantially or
significantly reduce the missions of the Coast Guard or the
Coast Guard’s capability to perform those missions, except as
specified in subsequent Acts.
(2) WAIVER.—The Secretary may waive the restrictions
under paragraph (1) for a period of not to exceed 90 days
upon a declaration and certification by the Secretary to Congress that a clear, compelling, and immediate need exists for

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16 U.S.C. 1860-1861
MSA §§ 310-311

(A) stay the execution of such process; or
(B) discharge any fish seized pursuant to such process; upon the receipt of a
satisfactory bond or other security from any person claiming such property. Such bond
or other security shall be conditioned upon such person (i) delivering such property to the
appropriate court upon order thereof, without any impairment of its value, or (ii) paying
the monetary value of such property pursuant to an order of such court. Judgment shall
be recoverable on such bond or other security against both the principal and any sureties
in the event that any condition thereof is breached, as determined by such court. Nothing
in this paragraph may be construed to require the Secretary, except in the Secretary's
discretion or pursuant to the order of a court under section 311(d), to release on bond any
seized fish or other property or the proceeds from the sale thereof.
(2) Any fish seized pursuant to this Act may be sold, subject to the approval and direction
of the appropriate court, for not less than the fair market value thereof. The proceeds of any
such sale shall be deposited with such court pending the disposition of the matter involved.
101-627, 104-297
(e) REBUTTABLE PRESUMPTION.—
(1) For purposes of this section, it shall be a rebuttable presumption that all fish found on
board a fishing vessel which is seized in connection with an act prohibited by section 307
were taken and retained in violation of this Act.
(2) For purposes of this Act, it shall be a rebuttable presumption that any fish of a species
which spawns in fresh or estuarine waters and migrates to ocean waters that is found on
board a vessel is of United States origin if the vessel is within the migratory range of the
species during that part of the year to which the migratory range applies.
(3) For purposes of this Act, it shall be a rebuttable presumption that any vessel that is
shoreward of the outer boundary of the exclusive economic zone of the United States or
beyond the exclusive economic zone of any nation, and that has gear on board that is capable
of use for large-scale driftnet fishing, is engaged in such fishing.

SEC. 311. ENFORCEMENT

16 U.S.C. 1861

96-470, 97-453
(a) RESPONSIBILITY.—The provisions of this Act shall be enforced by the Secretary and
the Secretary of the department in which the Coast Guard is operating. Such Secretaries may,
by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment
(including aircraft and vessels), and facilities of any other Federal agency, including all
elements of the Department of Defense, and of any State agency, in the performance of such
duties.
97-453, 102-251, 109-479
(b) POWERS OF AUTHORIZED OFFICERS.—
(1) Any officer who is authorized (by the Secretary, the Secretary of the department in
which the Coast Guard is operating, or the head of any Federal or State agency which has
entered into an agreement with such Secretaries under subsection (a)) to enforce the
provisions of this Act may—
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