PUBLIC
LAW 107-295-NOV. 25, 2002
MARITIME
TRANSPORTATION SECURITY ACT OF 2002
116
STAT. 2064 PUBLIC LAW 107-295-NOV. 25, 2002
Public
Law 107-295 107th Congress
An
Act
Nov.
25, 2002 To
amend the Merchant Marine Act, 1936, to establish a program to
ensure greater
[S.
12141 security for United States seaports, and for other purposes.
Be
it enacted by the Senate and House of
Representatives
of Maritime the
United States ofAmerica in Congress assembled,
Transportation
Security
Act of SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
46
USC 2101 (a)
SHORT TITLE.-This Act may be
cited
as the "Maritime
note. Transportation
Security Act of 2002".
(b)
TABLE
OF CONTENTS.-The table of contents for this Act is
as follows:
Sec.
1. Short title; table of contents.
TITLE
I-MARITIME TRANSPORTATION SECURITY
Sec.
101. Findings. Sec. 102. Port
security. Sec. 103. International seafarer identification. Sec. 104.
Extension of seaward jurisdiction.
Sec.
105. Suspension of limitation on strength of Coast Guard. Sec. 106.
Extension of Deepwater Port Act to natural gas.
Sec.
107. Assignment of Coast Guard personnel as sea marshals and
enhanced use of other security personnel.
Sec.
108. Technical amendments concerning the transmittal of certain
information to the Customs Service.
Sec.
109. Maritime security professional training. Sec. 110. Additional
reports.
Sec.
111. Performance standards.
Sec.
112. Report on foreign-flag vessels.
Sec.
113. Revision of Port Security Planning Guide.
TITLE
II-MARITIME POLICY IMPROVEMENT
Sec.
201. Short title.
Sec.
202. Vessel COASTAL VENTURE.
Sec.
203. Expansion of American Merchant Marine Memorial Wall of Honor.
Sec. 204. Discharge of agricultural cargo residue.
Sec.
205. Recording and discharging notices of claim of maritime lien.
Sec. 206. Tonnage of R/V DAVIDSON.
Sec.
207. Miscellaneous certificates of documentation. Sec. 208.
Exemption for Victory Ships.
Sec.
209. Certificate of documentation for 3 barges. Sec. 210.
Certificate of documentation for the EAGLE. Sec. 211. Waiver for
vessels in New World Challenge Race. Sec. 212. Vessel ASPHALT
COMMANDER.
Sec.
213. Coastwise trade authorization.
Sec.
214. Jones Act waiver for delayed vessel delivery.
Sec.
215. Realignment of policy responsibility in the Department of
Transportation.
TITLE
III-COAST GUARD PERSONNEL AND MARITIME SAFETY Sec. 301. Short title.
Subtitle
A-Personnel Management
Sec.
311. Coast Guard band director rank.
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.
Subtitle
C-Renewal of Advisory Groups
Sec.
331. Commercial Fishing Industry Vessel Advisory Committee. Sec.
332. Houston-Galveston Navigation Safety Advisory Committee. Sec.
333. Lower Mississippi River Waterway Advisory Committee. Sec. 334.
Navigation Safety Advisory Council.
Sec.
335. National Boating Safety Advisory Council. Sec. 336. Towing
Safety Advisory Committee.
Subtitle
D-Miscellaneous
Sec.
341.
Patrol
craft.
Sec.
342.
Boating
safety.
Sec.
343.
Caribbean
support tender.
Sec.
344.
Prohibition
of
new
maritime user fees.
Sec.
345. Great Lakes lighthouses.
Sec.
346. Modernization of National Distress and Response System. Sec.
347. Conveyance of Coast Guard property in Portland, Maine.
Sec.
348. Additional Coast Guard funding needs after September 11, 2001.
Sec. 349. Miscellaneous conveyances.
TITLE
IV-OMNIBUS MARITIME IMPROVEMENTS
Sec.
401. Short title.
Sec.
402. Extension of Coast Guard housing authorities.
Sec.
403. Inventory of vessels for cable laying, maintenance, and repair.
Sec. 404. Vessel escort operations and towing assistance.
Sec.
405. Search and rescue center standards. Sec. 406. VHF
communications services.
Sec.
407. Lower Columbia River maritime fire and safety activities.
Sec.
408. Conforming references to the former Merchant Marine and
Fisheries Committee.
Sec.
409. Restriction on vessel documentation.
Sec.
410. Hypothermia protective clothing requirement. Sec. 411. Reserve
officer promotions.
Sec.
412. Regular lieutenant commanders and commanders; continuation upon
failure of selection for promotion.
Sec.
413. Reserve student pre-commissioning assistance program. Sec. 414.
Continuation on active duty beyond thirty years.
Sec.
415. Payment of death gratuities on behalf of Coast Guard
auxiliarists.
Sec.
416. Align Coast Guard severance pay and revocation of commission
authority with Department of Defense authority.
Sec.
417. Long-term lease authority for lighthouse prop erty. Sec. 418.
Maritime Drug Law Enforcement Act amendments. Sec. 419.
Wing-in-ground craft.
Sec.
420. Electronic filing of commercial instruments for vessels.
Sec.
421. Deletion of thumbprint requirement for merchant mariners'
documents. Sec. 422. Temporary certificates of documentation for
recreational vessels.
Sec.
423. Marine casualty investigations involvin foreign vessels.
Sec.
424. Conveyance of Coast Guard property imampton Township, Michigan.
Sec. 425. Conveyance of property in Traverse City, Michigan.
Sec.
426. Annual report on Coast Guard capabilities and readiness to
fulfill national defense responsibilities.
Sec.
427. Extension of authorization for oil spill recovery institute.
Sec. 428. Protection against discrimination.
Sec.
429. Icebreaking services.
Sec.
430. Fishing vessel safety training.
Sec.
431. Limitation on liability of pilots at Coast Guard Vessel Traffic
Services. Sec. 432. Assistance for marine safety station on Chicago
lakefront.
Sec.
433. Extension of time for recreational vessel and associated
equipment recalls.
Sec.
434. Repair of municipal dock, Escanaba, Michigan. Sec. 435. Vessel
GLOBAL EXPLORER.
116
STAT.
Sec.
436. Aleutian trade.
Sec.
437. Pictured Rocks National Lakeshore boundary revision. Sec. 438.
Loran-C.
Sec.
439. Authorization of payment.
Sec.
440. Report on oil spill responder immunity. Sec. 441. Fishing
agreements.
Sec.
442. Electronic publishing of marine casualty reports. Sec. 443.
Safety and security of ports and waterways. Sec. 444. Suspension of
payment.
Sec.
445. Prohibition on navigation fees.
TITLE
V -AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD
Sec.
501. Short title.
Sec.
502. Authorization of appropriations.
Sec.
503. Authorized levels of military strength and training.
TITLE
I-MARITIME TRANSPORTATION SECURITY
46
USC 70101 SEC. 101. FINDINGS.
note. 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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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.
116
STAT.
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
"701
P.
Port
Security ............................................................................................ 70101
"CHAPTER
701-PORT SECURITY
"Sec.
"70101.
Definitions.
"70102.
United
States facility and vessel vulnerability assessments. "70103.
Maritime
transportation security plans.
"70104.
Transportation
security incident response. "70105.
Transportation
security cards.
"70106.
Maritime
safety and security teams. "70107.
Grants.
"70108.
Foreign
port assessment. "70109.
Notifying
foreign authorities.
"70110.
Actions
when reign ports not maintaining effective antiterrorism measures.
"70111.
Enhanced
crewmember identification. "70112.
Maritime
security advisory committees. "70113.
Maritime
intelligence:
"70114.
Automatic
identification systems. "70115.
Long-range
vessel tracking system. "70116.
Secure
systems of
transportation.
"70117.
Civil penalty.
"§
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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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-
116
STAT.
"(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.
"(1)
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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
"(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
"M
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;
116
STAT.
"(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).
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
"§
70105.
Transportation
security cards
"(a)
PROHIBITION.-(1)
The
Secretary shall prescribe regulations 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
Regulations.
a
waiver process for issuing a transportation security card to an
individual found to be otherwise ineligible for such a card under
116
STAT. 2074 PUBLIC LAW 107-295-NOV. 25, 2002
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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT. 2075
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 bar
riers
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.
116
STAT.
"(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.
Regulations. "(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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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-
116
STAT.
"(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.-
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
"(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 Regulations.
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.
"§
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
116
STAT.
"(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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT. 2081
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
"M
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
"(1)
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.
116
STAT.
"(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.
Deadline. "(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.
"§
70114.
Automatic identification systems
Regulations. "(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.
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
"(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.
116
STAT.
"§
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 (c) DEADLINE.-The
Secretary shall establish the plans required
note. under
section 70104(a)(1) of title 46, United States Code, as enacted by
this Act, before April 1, 2003.
46
USC 70101 (d) RULEMAKING
REQUIREMENTS.
note. (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.
46
USC 70114 (e) PHASE-IN
OF AUTOMATIC IDENTIFICATION SYSTEM.
note. (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.
46
USC 70111 SEC. 103. INTERNATIONAL SEAFARER IDENTIFICATION.
note.
(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.
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
(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.".
116
STAT.
SEC.
106. EXTENSION OF DEEPWATER PORT ACT TO NATURAL GAS.
(a)
IN
GENERAL.-The following provisions of the Deepwater Port Act of 1974
(33 U.S.C. 1501 et seq.) are each amended by inserting "or
natural gas" after "oil" each place it appears:
(1)
Section 2(a) (33 U.S.C. 1501(a)). (2) Section 4(a) (33 U.S.C.
1503(a)). (3) Section 21(a) (33 U.S.C. 1520(a)).
(b)
DEFINITIONS.-Section 3 of the Deepwater Port Act of 1974 (33 U.S.C.
1502) is amended
(1)
by redesignating paragraphs (13) through (18) as paragraphs
(14) through (19), respectively;
(2)
by amending paragraph (9) to read as follows: "(9) `deepwater
port'
"(A)
means any fixed or floating manmade structure other than a vessel,
or any group of such structures, that are located beyond State
seaward boundaries and that are used or intended for use as a port
or terminal for 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:
Deadline. "(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.".
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
(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.- 43
USC 1504
(1)
AGENCY
AND DEPARTMENT EXPERTISE AND RESPONSIBIL- note.
ITIES.-Not
later than 30 days after the date of the enactment Deadline.
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.".
116
STAT.
(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.".
33
USC 1226 (b) REPORT
ON USE OF
NON-COAST
GUARD PERSONNEL.-The note. Secretary
of the department in which the Coast Guard is operating shall
evaluate and report to the Congress on
(1)
the potential use of Federal, State, or local government personnel,
and documented United States Merchant Marine personnel, to
supplement Coast Guard personnel under section
7(b)(3)
of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)(3));
(2)
the possibility of using personnel other than Coast Guard personnel
to carry out Coast Guard personnel functions under that section and
whether additional legal authority would be necessary to use such
personnel for such functions; and (3) the possibility of utilizing
the United States Merchant Marine Academy, State maritime academies,
or Coast Guard approved maritime industry schools in the United
States, to provide training under that section.
SEC.
108.
TECHNICAL
AMENDMENTS CONCERNING THE TRANSMITTAL OF CERTAIN INFORMATION TO
THE CUSTOMS SERVICE.
(a)
TARIFF ACT
OF 1930.-Section
431A(d) of the Tariff Act of 1930, as added by section 343(b) of the
Trade Act of 2002 19
USC 1431x. (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.
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
"(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- 19 USC
2071 (1) by striking paragraph (1) and inserting the following:
note.
"(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 Regulations.
set
of regulations under subparagraph (A) not later than Deadline.
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)insubparagraph
(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)-
116
STAT.
(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. 19
USC 2071. 985)
is repealed.
46
USC 70101 SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING.
note.
(a)
IN GENERAL.
Deadline. (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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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 46
USC 70101 United
States Coast Guard, in conjunction with the Secretary of note.
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.
116
STAT.
46
USC 70116 (c) REPORT
ON SECURE SYSTEM OF
TRANSPORTATION
PRO
note. GRAM.-Within
1 year after the secure system of transportation program is
implemented under section 70116 of title 46, United States Code, as
amended by this Act, the Secretary of the depart
ment
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.
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 Boar, 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.
46
USC 70101 SEC. 112. REPORT ON FOREIGN-FLAG VESSELS.
note.
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.
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
(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. 46 USC 70103
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.
note.
TITLE
II-MARITIME POLICY IMPROVEMENT
Maritime
Policy Improvement Act of 2002.
SEC.
201. SHORT TITLE. 46 USC 2101 This
title may be cited as the "Maritime Policy Improvement note.
Act
of 2002".
SEC.
202. VESSEL COASTAL VENTURE.
Section
1120(8) 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
116
STAT.
(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 contribu
tions
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.
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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.
116
STAT.
"(f)
This
section does not alter in any respect the law pertaining to the
establishment of a maritime lien, the remedy provided by such a
lien, or the defenses thereto, including any defense under the
doctrine of laches.".
(2)
CLERICAL AMENDMENT.-The table of sections for chapter 313 of title
46, United States Code, is amended by striking the item relating to
section 31343 and inserting the following:
"31343.
Recording
and discharging notices of
claim
of
maritime
lien.".
(b)
NOTICE REQUIREMENTS.-Section 31325 of title 46, United States Code,
is amended as follows:
(1)
In subsection (d)(1)(B) by striking "a notice of a claim"
and inserting "an unexpired notice of a claim".
(2)
In subsection (f)(1) by striking "a notice of a claim" and
inserting "an unexpired notice of a claim".
(c)
APPROVAL OF SURRENDER OF DOCUMENTATION.-Section 12111 of title 46,
United States Code, is amended by adding at the end the following:
"(d)(1)
The Secretary shall not refuse to approve the surrender of the
certificate of documentation for a vessel solely on the basis that a
notice of a claim of a lien on the vessel has been recorded under
section 31343(a) of this title.
"(2)
The Secretary may condition approval of the surrender of the
certificate of documentation for a vessel over 1,000 gross tons.".
(d)
TECHNICAL CORRECTION.-Section 9(c) of the Shipping Act, 1916 (46
App. U.S.C. 808(c)) is amended in the matter preceding paragraph (1)
by striking "Except" and all that follows through
"12106(e)
of title 46," and inserting "Except as provided in section
611 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1181) and in
section 12106(e) of title 46,".
46
USC 12111 (e) EFFECTIVE
DATE.-This section shall take effect January note. 1,
2003.
SEC.
206. TONNAGE OF R1V 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).
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
(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:
116
STAT.
"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(1)(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,
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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.
116
STAT. 2100 PUBLIC LAW 107-295-NOV. 25, 2002
46
USC app. 883. (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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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 con
tract
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 construc
tion
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 IN THE DEPARTMENT OF
TRANSPORTATION.
(a)
IN
GENERAL.-Section 102 of title 49, United States Code, is amended by
(1)
redesignating subsection (d) as subsection (g), and moving such
subsection to appear after subsection (f);
(2)
inserting after subsection (c) the following:
"(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
116
STAT.
(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.".
49
USC 102 note. (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.
Coast
Guard TITLE
III-COAST GUARD PERSONNEL Personnel
and
Maritime
Safety AND
MARITIME SAFETY Act
of 2002.
14
USC 1 note. 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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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 26
USC 9509 REPORT.-The
report regarding the Oil Spill Liability Trust Fund note.
required
by the Conference Report (House Report 101-892) accom
panying
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.- 31 USC 1113 Section 3003(a)(1) of the
Federal Reports Elimination and Sunset note.
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:
116
STAT. 2104 PUBLIC LAW 107-295-NOV. 25, 2002
(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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
as
entertainment personnel, with no duties, including emergency
duties, related to the navigation of the vessel or the safety of the
vessel, its crew, cargo or passengers; and".
SEC.
325. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH
SAFE OPERATION.
Section
2302(a) of title 46, United States Code, is amended by striking
"$1,000." and inserting "$5,000 in the case of a
recreational vessel, or $25,000 in the case of any other
vessel.".
Subtitle
C-Renewal of Advisory Groups
SEC.
331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.
(a)
COMMERCIAL
FISHING
INDUSTRY VESSEL
ADVISORY
COMMITTEE.-Section
4508 of title 46, United States Code, is amended(1) by
inserting "Safety" in the section heading after "Vessel";
(2)
by inserting "Safety" in subsection (a) after "Vessel";
(3) by striking "(5 App. U.S.C. 1 et seq.)" in subsection
(e)(1) and inserting "(5 App. U.S.C.)"; and
(4)
by striking "on September 30, 2000" in subsection (e)(1)
and inserting "on September 30, 2005".
(b)
CONFORMING AMENDMENT.-The table of sections for chapter 45 of title
46, United States Code, is amended by striking the item relating to
section 4508 and inserting the following:
"4508.
Commercial
Fishing Industry Vessel Safety Advisory Committee.".
SEC.
332. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.
Section
18(h) of the Coast Guard Authorization Act of 1991 (Public Law
102-241) is amended by striking "September 30, 2000." and
inserting "September 30, 2005.".
SEC.
333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.
Section
19(g) of the Coast Guard Authorization Act of 1991 (Public Law
102-241) is amended by striking "September 30, 2000" and
inserting "September 30, 2005".
SEC.
334. NAVIGATION SAFETY ADVISORY COUNCIL.
Section
5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073)
is amended by striking "September 30, 2000" and inserting
"September 30, 2005".
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.".
116
STAT.
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 per
sonnel
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.
PUBLIC
LAW 107-295-NOV. 25, 2002 116
STAT.
(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
pre ared to take appropriate action with respect to the disposal of
hose properties.
SEC.
346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE 14 USC 88 note.
SYSTEM.
(a)
REPORT.-The
Secretary of the department in which the Deadline.
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,
116
STAT.
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:
PUBLIC
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107-295-NOV.
25, 2002 116 STAT.
(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
116
STAT.
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.
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
(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 SEP. TEMBER 11,
2001.
(a)
IN
GENERAL.-No later than 90 days after the date of Deadline. enactment
of this Act, the Secretary of the department in which Reports. 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.
SEC.
349. MISCELLANEOUS CONVEYANCES. (a) AUTHORITY
TO
CONVEY.-
116
STAT.
(1)
IN GENERAL.-The Secretary of the department in which the Coast Guard
is operating may convey, by an appropriate means of conveyance, all
right, title, and interest of the United States in and to each of
the following properties:
(A)
Coast Guard Slip Point Light Station, located in Clallam County,
Washington, to Clallam County, Washington.
(B)
The parcel of land on which is situated the Point Pinos Light,
located in Monterey County, California, to the city of Pacific
Grove, California.
(2)
IDENTIFICATION OF PROPERTY.-The Secretary may identify,
describe, and determine the property to be conveyed under this
subsection.
(3)
LIMITATION.-The Secretary may not under this section convey
(A)
any historical artifact, including any lens or lantern, located
on the property at or before the time of the conveyance; or
(B)
any interest in submerged land. (b) GENERAL TERMS AND CONDITIONS.
(1)
IN GENERAL.-Each conveyance of property under this section shall be
made
(A)
without payment of consideration; and
(B)
subject to the terms and conditions required by this section and
other terms and conditions the Secretary may consider appropriate,
including the reservation of ease
ments
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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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 Omnibus
IMPROVEMENTS Coast
Guard d
Improvements
Act
of
2002. SEC. 401. SHORT TITLE. 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
116
STAT.
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 SEC. 403. INVENTORY OF VESSELS FOR CABLE LAYING, MAINTE
note.
NANCE,
AND REPAIR.
(a)
INVENTORY.-The Secretary of Transportation shall develop, maintain,
and periodically update an inventory of vessels that are documented
under chapter 121 of title 46, United States Code, are 200 feet or
more in length, and have the capability to lay, maintain, or repair
a submarine cable, without regard to whether a particular vessel is
classified as a cable ship or cable vessel.
(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
Deadline. (1)
not later than 60 days after the date of enactment
Federal
Register, of this Act, publish in the Federal Register a current
inventory
publication. developed
under subsection (a); and
Federal
Register, (2) every 6 months thereafter, publish in the Federal Reg
publication. ister
an updated inventory.
46
USC app. SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.
316a.
(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:
PUBLIC
LAW 107-295-NOV.
25, 2002 116 STAT.
(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 facili
ties.
"(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.
116
STAT.
"(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.".
14
USC 676 note. (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.
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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, equip
ment,
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".
116
STAT.
14
USC 477 note. 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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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.
116
STAT. 2120 PUBLIC LAW 107-295-NOV. 25, 2002
"(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
other
wise
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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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
theist 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
116
STAT.
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.
14
USC 286 note. (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 PROP. ERTY.
(a)
IN
GENERAL.-Chapter 17 of title 14, United States Code, is amended by
inserting after section 672 the following:
'1672a.
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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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;
116
STAT.
"(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
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
(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
116
STAT.
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".
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.
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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 con
clude
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.
116
STAT.
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-
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT. 2129
(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), 46
USC 5102
a
fish
tender vessel that before January 1, 2003, transported cargo note.
(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.
46
USC 5102 note.
SEC.
437. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY REVI. 16 USC
460s-15.
SION.
(a)
TRANSFER.-AS
soon as practicable after the date of enactment of this Act,
the Administrator of General Services may transfer
116
STAT.
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", num
bered
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 SEC. 440. REPORT ON OIL SPILL RESPONDER IMMUNITY.
note.
Deadline. (a)
REPORT
TO
CONGRESS.-Not
later than January 1>
2004, the Secretary of the department in which the Coast Guard is
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
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
46
USC 10601 note.
116
STAT. 2132 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.
(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.
Deadline. "(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.".
46
USC 6101 (b) APPLICATION.-The amendment made by subsection (a)
note. 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.".
PUBLIC
LAW 107-295-NOV. 25, 2002 116 STAT.
(b)
CLERICAL
AMENDMENT.-The
table of sections at the beginning of chapter 11 of title 14,
United States Code, is amended by inserting after the item relating
to section 424 the following: "424a.
Suspension of payment of retired pay of members who are absent from
the United States to avoid prosecution.".
SEC.
445. PROHIBITION ON NAVIGATION FEES.
Section
4 of the Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 5)
is amended as follows:
(1)
The existing text is designated as subsection (a). (2) The following
is added at the end:
"(b)
No taxes, tolls, operating charges, fees, or any other impositions
whatever shall be levied upon or collected from any vessel or other
water craft, or from its passengers or crew, by any non
Federal
interest, if the vessel or water craft is operating on any navigable
waters subject to the authority of the United States, or under the
right to freedom of navigation on those waters, except for
,,(-)
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 APPRO- Coast
Guard PRIATIONS
FOR THE COAST GUARD aettboFaa~i
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
116
STAT.
$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.
508. AUTHORIZED LEVELS
OF MILITARY STRENGTH
AND TRAINING.
(a)
ACTIVE DUTY STRENGTH.-The
Coast Guard is authorized an end-of-year strength for active duty
personnel of 45,500 as
of
September 30, 2003.
(b)
MILITARY
TRAINING
STUDENT LoADs.-The Coast Guard
is
authorized average military training student loads as follows: (1)
For recruit and special training for fiscal year 2003, 2,250 student
years.
(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.
| File Type | application/CDFV2-corrupt |
| File Modified | 2004-04-11 |
| File Created | 2004-04-11 |