Pub.L. 107-296 To establish the Department of Homeland Security, and for other purposes. <> ...

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              MARITIME TRANSPORTATION SECURITY ACT OF 2002

[[Page 116 STAT. 2064]]

Public Law 107-295
107th Congress

                                 An Act


 
To amend the Merchant Marine Act, 1936, to establish a program to ensure 
       greater security for United States seaports, and for other 
             purposes. <<NOTE: Nov. 25, 2002 -  [S. 1214]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Maritime 
Transportation Security Act of 2002.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 46 USC 2101 note.>>  Short Title.--This Act may be cited 
as the ``Maritime Transportation Security Act of 2002''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                TITLE I--MARITIME TRANSPORTATION SECURITY

Sec. 101. Findings.
Sec. 102. Port security.
Sec. 103. International seafarer identification.
Sec. 104. Extension of seaward jurisdiction.
Sec. 105. Suspension of limitation on strength of Coast Guard.
Sec. 106. Extension of Deepwater Port Act to natural gas.
Sec. 107. Assignment of Coast Guard personnel as sea marshals and 
           enhanced use of other security personnel.
Sec. 108. Technical amendments concerning the transmittal of certain 
           information to the Customs Service.
Sec. 109. Maritime security professional training.
Sec. 110. Additional reports.
Sec. 111. Performance standards.
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.

[[Page 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 property.
Sec. 418. Maritime Drug Law Enforcement Act amendments.
Sec. 419. Wing-in-ground craft.
Sec. 420. Electronic filing of commercial instruments for vessels.
Sec. 421. Deletion of thumbprint requirement for merchant mariners' 
           documents.
Sec. 422. Temporary certificates of documentation for recreational 
           vessels.
Sec. 423. Marine casualty investigations involving foreign vessels.
Sec. 424. Conveyance of Coast Guard property in Hampton Township, 
           Michigan.
Sec. 425. Conveyance of property in Traverse City, Michigan.
Sec. 426. Annual report on Coast Guard capabilities and readiness to 
           fulfill national defense responsibilities.
Sec. 427. Extension of authorization for oil spill recovery institute.
Sec. 428. Protection against discrimination.
Sec. 429. Icebreaking services.
Sec. 430. Fishing vessel safety training.
Sec. 431. Limitation on liability of pilots at Coast Guard Vessel 
           Traffic Services.
Sec. 432. Assistance for marine safety station on Chicago lakefront.
Sec. 433. Extension of time for recreational vessel and associated 
           equipment recalls.
Sec. 434. Repair of municipal dock, Escanaba, Michigan.
Sec. 435. Vessel GLOBAL EXPLORER.

[[Page 116 STAT. 2066]]

Sec. 436. Aleutian trade.
Sec. 437. Pictured Rocks National Lakeshore boundary revision.
Sec. 438. Loran-C.
Sec. 439. Authorization of payment.
Sec. 440. Report on oil spill responder immunity.
Sec. 441. Fishing agreements.
Sec. 442. Electronic publishing of marine casualty reports.
Sec. 443. Safety and security of ports and waterways.
Sec. 444. Suspension of payment.
Sec. 445. Prohibition on navigation fees.

      TITLE V--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD

Sec. 501. Short title.
Sec. 502. Authorization of appropriations.
Sec. 503. Authorized levels of military strength and training.

                TITLE I--MARITIME TRANSPORTATION SECURITY

SEC. 101. FINDINGS. <<NOTE: 46 USC 70101 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

[[Page 116 STAT. 2067]]

        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.

[[Page 116 STAT. 2068]]

SEC. 102. PORT SECURITY.

    (a) In General.--Title 46, United States Code, is amended by adding 
at the end the following new subtitle:

                      ``Subtitle VI--Miscellaneous

``Chap.                                                             Sec.

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