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PUBLIC LAW 109–347—OCT. 13, 2006

SECURITY AND ACCOUNTABILITY FOR EVERY
PORT ACT OF 2006

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120 STAT. 1884 PUBLIC LAW 109–347—OCT. 13, 2006

Public Law 109–347
109th Congress

An Act
To improve maritime and cargo security through enhanced layered defenses, and

for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Security and
Accountability For Every Port Act of 2006’’ or the ‘‘SAFE Port
Act’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

TITLE I—SECURITY OF UNITED STATES SEAPORTS

Subtitle A—General Provisions

Sec. 101. Area Maritime Transportation Security Plan to include salvage response

plan.
Sec. 102. Requirements relating to maritime facility security plans.
Sec. 103. Unannounced inspections of maritime facilities.
Sec. 104. Transportation security card.
Sec. 105. Study to identify redundant background records checks.
Sec. 106. Prohibition of issuance of transportation security cards to persons con-

victed of certain felonies.
Sec. 107. Long-range vessel tracking.
Sec. 108. Establishment of interagency operational centers for port security.
Sec. 109. Notice of arrival for foreign vessels on the Outer Continental Shelf.
Sec. 110. Enhanced crewmember identification.

Subtitle B—Port Security Grants; Training and Exercise Programs
Sec. 111. Risk assessment tool.
Sec. 112. Port security grants.
Sec. 113. Port Security Training Program.
Sec. 114. Port Security Exercise Program.
Sec. 115. Facility exercise requirements.

Subtitle C—Port Operations

Sec. 121. Domestic radiation detection and imaging.
Sec. 122. Inspection of car ferries entering from abroad.
Sec. 123. Random searches of containers.
Sec. 124. Work stoppages and employee-employer disputes.
Sec. 125. Threat assessment screening of port truck drivers.
Sec. 126. Border Patrol unit for United States Virgin Islands.
Sec. 127. Report on arrival and departure manifests for certain commercial vessels

in the United States Virgin Islands.
Sec. 128. Center of Excellence for Maritime Domain Awareness.

TITLE II—SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

Subtitle A—General Provisions
Sec. 201. Strategic plan to enhance the security of the international supply chain.

Security and
Accountability
For Every Port
Act of 2006.
6 USC 901 note.

Oct. 13, 2006
[H.R. 4954]

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120 STAT. 1885PUBLIC LAW 109–347—OCT. 13, 2006

Sec. 202. Post-incident resumption of trade.
Sec. 203. Automated Targeting System.
Sec. 204. Container security standards and procedures.
Sec. 205. Container Security Initiative.

Subtitle B—Customs–Trade Partnership Against Terrorism
Sec. 211. Establishment.
Sec. 212. Eligible entities.
Sec. 213. Minimum requirements.
Sec. 214. Tier 1 participants in C–TPAT.
Sec. 215. Tier 2 participants in C–TPAT.
Sec. 216. Tier 3 participants in C–TPAT.
Sec. 217. Consequences for lack of compliance.
Sec. 218. Third party validations.
Sec. 219. Revalidation.
Sec. 220. Noncontainerized cargo.
Sec. 221. C–TPAT program management.
Sec. 222. Additional personnel.
Sec. 223. Authorization of appropriations.

Subtitle C—Miscellaneous Provisions

Sec. 231. Pilot integrated scanning system.
Sec. 232. Screening and scanning of cargo containers.
Sec. 233. International cooperation and coordination.
Sec. 234. Foreign port assessments.
Sec. 235. Pilot program to improve the security of empty containers.
Sec. 236. Information sharing relating to supply chain security cooperation.

TITLE III—ADMINISTRATION

Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology Advisory

Committee.
Sec. 303. Research, development, test, and evaluation efforts in furtherance of mar-

itime and cargo security.

TITLE IV—AGENCY RESOURCES AND OVERSIGHT
Sec. 401. Trade and customs revenue functions of the department.
Sec. 402. Office of international trade; oversight.
Sec. 403. Resources.
Sec. 404. Negotiations.
Sec. 405. International Trade Data System.
Sec. 406. In-bond cargo.
Sec. 407. Sense of the Senate.

TITLE V—DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 501. Establishment of Domestic Nuclear Detection Office.
Sec. 502. Technology research and development investment strategy for nuclear

and radiological detection.

TITLE VI—COMMERCIAL MOBILE SERVICE ALERTS
Sec. 601. Short title.
Sec. 602. Federal Communications Commission duties.
Sec. 603. Commercial Mobile Service Alert Advisory Committee.
Sec. 604. Research and development.
Sec. 605. Grant program for remote community alert systems.
Sec. 606. Funding.
Sec. 607. Essential services disaster assistance.
Sec. 608. Community disaster loans.
Sec. 609. Public facilities.
Sec. 610. Expedited payments.
Sec. 611. Use of local contracting.
Sec. 612. FEMA programs.
Sec. 613. Homeland security definition.

TITLE VII—OTHER MATTERS

Sec. 701. Security plan for essential air service and small community airports.
Sec. 702. Disclosures regarding homeland security grants.
Sec. 703. Trucking security.
Sec. 704. Air and Marine Operations of the Northern Border Air Wing.
Sec. 705. Phaseout of vessels supporting oil and gas development.

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120 STAT. 1886 PUBLIC LAW 109–347—OCT. 13, 2006

Sec. 706. Coast Guard property in Portland, Maine.
Sec. 707. Methamphetamine and methamphetamine precursor chemicals.
Sec. 708. Aircraft charter customer and lessee prescreening program.
Sec. 709. Protection of health and safety during disasters.

TITLE VIII—UNLAWFUL INTERNET GAMBLING ENFORCEMENT
Sec. 801. Short title.
Sec. 802. Prohibition on acceptance of any payment instrument for unlawful Inter-

net gambling.
Sec. 803. Internet gambling in or through foreign jurisdictions.

SEC. 2. DEFINITIONS.

In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Except as

otherwise provided, the term ‘‘appropriate congressional
committees’’ means—

(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and

Transportation of the Senate;
(C) the Committee on Finance of the Senate;
(D) the Committee on Homeland Security and Govern-

mental Affairs of the Senate;
(E) the Committee on Appropriations of the House

of Representatives;
(F) the Committee on Homeland Security of the House

of Representatives;
(G) the Committee on Transportation and Infrastruc-

ture of the House of Representatives;
(H) the Committee on Ways and Means of the House

of Representatives; and
(I) other congressional committees, as appropriate.

(2) COMMERCIAL OPERATIONS ADVISORY COMMITTEE.—The
term ‘‘Commercial Operations Advisory Committee’’ means the
Advisory Committee established pursuant to section 9503(c)
of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C.
2071 note) or any successor committee.

(3) COMMERCIAL SEAPORT PERSONNEL.—The term ‘‘commer-
cial seaport personnel’’ includes any person engaged in an
activity relating to the loading or unloading of cargo or pas-
sengers, the movement or tracking of cargo, the maintenance
and repair of intermodal equipment, the operation of cargo-
related equipment (whether or not integral to the vessel), and
the handling of mooring lines on the dock when a vessel is
made fast or let go in the United States.

(4) COMMISSIONER.—The term ‘‘Commissioner’’ means the
Commissioner responsible for the United States Customs and
Border Protection of the Department of Homeland Security.

(5) CONTAINER.—The term ‘‘container’’ has the meaning
given the term in the International Convention for Safe Con-
tainers, with annexes, done at Geneva, December 2, 1972 (29
UST 3707).

(6) CONTAINER SECURITY DEVICE.—The term ‘‘container
security device’’ means a device, or system, designed, at a
minimum, to identify positively a container, to detect and record
the unauthorized intrusion of a container, and to secure a
container against tampering throughout the supply chain. Such
a device, or system, shall have a low false alarm rate as
determined by the Secretary.

(7) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.

6 USC 901.

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120 STAT. 1887PUBLIC LAW 109–347—OCT. 13, 2006

(8) EXAMINATION.—The term ‘‘examination’’ means an
inspection of cargo to detect the presence of misdeclared,
restricted, or prohibited items that utilizes nonintrusive
imaging and detection technology.

(9) INSPECTION.—The term ‘‘inspection’’ means the com-
prehensive process used by the United States Customs and
Border Protection to assess goods entering the United States
to appraise them for duty purposes, to detect the presence
of restricted or prohibited items, and to ensure compliance
with all applicable laws. The process may include screening,
conducting an examination, or conducting a search.

(10) INTERNATIONAL SUPPLY CHAIN.—The term ‘‘inter-
national supply chain’’ means the end-to-end process for ship-
ping goods to or from the United States beginning at the
point of origin (including manufacturer, supplier, or vendor)
through a point of distribution to the destination.

(11) RADIATION DETECTION EQUIPMENT.—The term ‘‘radi-
ation detection equipment’’ means any technology that is
capable of detecting or identifying nuclear and radiological
material or nuclear and radiological explosive devices.

(12) SCAN.—The term ‘‘scan’’ means utilizing nonintrusive
imaging equipment, radiation detection equipment, or both,
to capture data, including images of a container.

(13) SCREENING.—The term ‘‘screening’’ means a visual
or automated review of information about goods, including
manifest or entry documentation accompanying a shipment
being imported into the United States, to determine the pres-
ence of misdeclared, restricted, or prohibited items and assess
the level of threat posed by such cargo.

(14) SEARCH.—The term ‘‘search’’ means an intrusive exam-
ination in which a container is opened and its contents are
devanned and visually inspected for the presence of
misdeclared, restricted, or prohibited items.

(15) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Homeland Security.

(16) TRANSPORTATION DISRUPTION.—The term ‘‘transpor-
tation disruption’’ means any significant delay, interruption,
or stoppage in the flow of trade caused by a natural disaster,
heightened threat level, an act of terrorism, or any transpor-
tation security incident (as defined in section 70101(6) of title
46, United States Code).

(17) TRANSPORTATION SECURITY INCIDENT.—The term
‘‘transportation security incident’’ has the meaning given the
term in section 70101(6) of title 46, United States Code.

TITLE I—SECURITY OF UNITED STATES
SEAPORTS

Subtitle A—General Provisions

SEC. 101. AREA MARITIME TRANSPORTATION SECURITY PLAN TO
INCLUDE SALVAGE RESPONSE PLAN.

Section 70103(b)(2) of title 46, United States Code, is
amended—

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120 STAT. 1888 PUBLIC LAW 109–347—OCT. 13, 2006

(1) in subparagraph (E), by striking ‘‘and’’ after the semi-
colon;

(2) by redesignating subparagraph (F) as subparagraph
(G); and

(3) by inserting after subparagraph (E) the following:
‘‘(F) include a salvage response plan—

‘‘(i) to identify salvage equipment capable of restoring
operational trade capacity; and

‘‘(ii) to ensure that the waterways are cleared and
the flow of commerce through United States ports is
reestablished as efficiently and quickly as possible after
a maritime transportation security incident; and’’.

SEC. 102. REQUIREMENTS RELATING TO MARITIME FACILITY SECU-
RITY PLANS.

Section 70103(c) of title 46, United States Code, is amended—
(1) in paragraph (3)—

(A) in subparagraph (C)(ii), by striking ‘‘facility’’ and
inserting ‘‘facility, including access by persons engaged in
the surface transportation of intermodal containers in or
out of a port facility’’;

(B) in subparagraph (F), by striking ‘‘and’’ at the end;
(C) in subparagraph (G), by striking the period at

the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:

‘‘(H) in the case of a security plan for a facility, be resub-
mitted for approval of each change in the ownership or operator
of the facility that may substantially affect the security of
the facility.’’; and

(2) by adding at the end the following:
‘‘(8)(A) The Secretary shall require that the qualified individual

having full authority to implement security actions for a facility
described in paragraph (2) shall be a citizen of the United States.

‘‘(B) The Secretary may waive the requirement of subparagraph
(A) with respect to an individual if the Secretary determines that
it is appropriate to do so based on a complete background check
of the individual and a review of all terrorist watch lists to ensure
that the individual is not identified on any such terrorist watch
list.’’.

SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.

Section 70103(c)(4)(D) of title 46, United States Code, is
amended to read as follows:

‘‘(D) subject to the availability of appropriations, verify
the effectiveness of each such facility security plan periodically,
but not less than 2 times per year, at least 1 of which shall
be an inspection of the facility that is conducted without notice
to the facility.’’.

SEC. 104. TRANSPORTATION SECURITY CARD.

(a) IN GENERAL.—Section 70105 of title 46, United States Code,
is amended by adding at the end the following:

‘‘(g) APPLICATIONS FOR MERCHANT MARINERS’ DOCUMENTS.—
The Assistant Secretary of Homeland Security for the Transpor-
tation Security Administration and the Commandant of the Coast
Guard shall concurrently process an application from an individual
for merchant mariner’s documents under chapter 73 of title 46,

Citizenship.

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120 STAT. 1889PUBLIC LAW 109–347—OCT. 13, 2006

United States Code, and an application from that individual for
a transportation security card under this section.

‘‘(h) FEES.—The Secretary shall ensure that the fees charged
each individual applying for a transportation security card under
this section who has passed a background check under section
5103a(d) of title 49, United States Code, and who has a current
hazardous materials endorsement in accordance with section 1572
of title 49, Code of Federal Regulations, and each individual with
a current merchant mariners’ document who has passed a criminal
background check under section 7302(d)—

‘‘(1) are for costs associated with the issuance, production,
and management of the transportation security card, as deter-
mined by the Secretary; and

‘‘(2) do not include costs associated with performing a back-
ground check for that individual, except for any incremental
costs in the event that the scope of such background checks
diverge.
‘‘(i) IMPLEMENTATION SCHEDULE.—In implementing the

transportation security card program under this section, the Sec-
retary

shall—

‘‘(1) establish a priority for each United States port based
on risk, including vulnerabilities assessed under section 70102;
and

‘‘(2) implement the program, based upon such risk and
other factors as determined by the Secretary, at all facilities
regulated under this chapter at—

‘‘(A) the 10 United States ports that the Secretary
designates top priority not later than July 1, 2007;

‘‘(B) the 40 United States ports that are next in order
of priority to the ports described in subparagraph (A) not
later than January 1, 2008; and

‘‘(C) all other United States ports not later than
January 1, 2009.

‘‘(j) TRANSPORTATION SECURITY CARD PROCESSING DEADLINE.—
Not later than January 1, 2009, the Secretary shall process and
issue or deny each application for a transportation security card
under this section for individuals with current and valid merchant
mariners’ documents on the date of the enactment of the SAFE
Port Act.

‘‘(k) DEPLOYMENT OF TRANSPORTATION SECURITY CARD
READERS.—

‘‘(1) PILOT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall conduct a pilot

program to test the business processes, technology, and
operational impacts required to deploy transportation secu-
rity card readers at secure areas of the marine transpor-
tation system.

‘‘(B) GEOGRAPHIC LOCATIONS.—The pilot program shall
take place at not fewer than 5 distinct geographic locations,
to include vessels and facilities in a variety of environ-
mental settings.

‘‘(C) COMMENCEMENT.—The pilot program shall com-
mence not later than 180 days after the date of the enact-
ment of the SAFE Port Act.
‘‘(2) CORRELATION WITH TRANSPORTATION SECURITY

CARDS.—

Deadlines.

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120 STAT. 1890 PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(A) IN GENERAL.—The pilot program described in para-
graph (1) shall be conducted concurrently with the issuance
of the transportation security cards described in subsection
(b) to ensure card and card reader interoperability.

‘‘(B) FEE.—An individual charged a fee for a transpor-
tation security card issued under this section may not
be charged an additional fee if the Secretary determines
different transportation security cards are needed based
on the results of the pilot program described in paragraph
(1) or for other reasons related to the technology require-
ments for the transportation security card program.
‘‘(3) REGULATIONS.—Not later than 2 years after the

commencement of the pilot program under paragraph (1)(C),
the Secretary, after a notice and comment period that includes
at least 1 public hearing, shall promulgate final regulations
that require the deployment of transportation security card
readers that are consistent with the findings of the pilot pro-
gram and build upon the regulations prescribed under sub-
section (a).

‘‘(4) REPORT.—Not later than 120 days before the promulga-
tion of regulations under paragraph (3), the Secretary shall
submit a comprehensive report to the appropriate congressional
committees (as defined in section 2(1) of SAFE Port Act) that
includes—

‘‘(A) the findings of the pilot program with respect
to technical and operational impacts of implementing a
transportation security card reader system;

‘‘(B) any actions that may be necessary to ensure that
all vessels and facilities to which this section applies are
able to comply with such regulations; and

‘‘(C) an analysis of the viability of equipment under
the extreme weather conditions of the marine environment.

‘‘(l) PROGRESS REPORTS.—Not later than 6 months after the
date of the enactment of the SAFE Port Act, and every 6 months
thereafter until the requirements under this section are fully imple-
mented, the Secretary shall submit a report on progress being
made in implementing such requirements to the appropriate
congressional committees (as defined in section 2(1) of the SAFE
Port Act).

‘‘(m) LIMITATION.—The Secretary may not require the place-
ment of an electronic reader for transportation security cards on
a vessel unless—

‘‘(1) the vessel has more individuals on the crew that are
required to have a transportation security card than the number
the Secretary determines, by regulation issued under subsection
(k)(3), warrants such a reader; or

‘‘(2) the Secretary determines that the vessel is at risk
of a severe transportation security incident.’’.
(b) CLARIFICATION OF ELIGIBILITY FOR TRANSPORTATION SECU-

RITY CARDS.—Section 70105 of title 46, United States Code, is
amended—

(1) in subsection (b)(2)—
(A) in subparagraph (E), by striking ‘‘and’’ at the end;
(B) in subparagraph (F), by striking the period at the

end and inserting ‘‘; and’’; and
(C) by adding at the end the following:

Deadline.

Notice.
Public comment.

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120 STAT. 1891PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(G) other individuals as determined appropriate by
the Secretary including individuals employed at a port
not otherwise covered by this subsection.’’; and
(2) in subsection (c)(2), by inserting ‘‘subparagraph (A),

(B), or (D)’’ before ‘‘paragraph (1)’’.
(c) DEADLINE FOR SECTION 70105 REGULATIONS.—Not later than

January 1, 2007, the Secretary shall promulgate final regulations
implementing the requirements for issuing transportation security
cards under section 70105 of title 46, United States Code. The
regulations shall include a background check process to enable
newly hired workers to begin working unless the Secretary makes
an initial determination that the worker poses a security risk.
Such process shall include a check against the consolidated and
integrated terrorist watch list maintained by the Federal Govern-
ment.

SEC. 105. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS
CHECKS.

(a) STUDY.—The Comptroller General of the United States shall
conduct a study of background records checks carried out for the
Department that are similar to the background records check
required under section 5103a of title 49, United States Code, to
identify redundancies and inefficiencies in connection with such
checks.

(b) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress on the results of the study,
including—

(1) an identification of redundancies and inefficiencies
referred to in subsection (a); and

(2) recommendations for eliminating such redundancies and
inefficiencies.

SEC. 106. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY
CARDS TO PERSONS CONVICTED OF CERTAIN FELONIES.

The Secretary, in issuing a final rule pursuant to section 70105
of title 46, United States Code, shall provide for the disqualification
of individuals who have been found guilty or have been found
not guilty by reason of insanity of a felony, involving—

(1) treason, or conspiracy to commit treason;
(2) espionage, or conspiracy to commit espionage;
(3) sedition, or conspiracy to commit sedition; or
(4) a crime listed in chapter 113B of title 18, United States

Code, a comparable State law, or conspiracy to commit such
crime.

SEC. 107. LONG-RANGE VESSEL TRACKING.

(a) REGULATIONS.—Section 70115 of title 46, United States
Code, is amended in the first sentence by striking ‘‘The Secretary’’
and inserting ‘‘Not later than April 1, 2007, the Secretary’’.

(b) VOLUNTARY PROGRAM.—The Secretary may issue regulations
to establish a voluntary long-range automated vessel tracking
system for vessels described in section 70115 of title 46, United
States Code, during the period before regulations are issued under
such section.

46 USC 70105
note.

46 USC 70105
note.
46 USC 70105
note.

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120 STAT. 1892 PUBLIC LAW 109–347—OCT. 13, 2006

SEC. 108. ESTABLISHMENT OF INTERAGENCY OPERATIONAL CENTERS
FOR PORT SECURITY.

(a) IN GENERAL.—Chapter 701 of title 46, United States Code,
is amended by inserting after section 70107 the following:

‘‘§ 70107A. Interagency operational centers for port security
‘‘(a) IN GENERAL.—The Secretary shall establish interagency

operational centers for port security at all high-priority ports not
later than 3 years after the date of the enactment of the SAFE
Port Act.

‘‘(b) CHARACTERISTICS.—The interagency operational centers
established under this section shall—

‘‘(1) utilize, as appropriate, the compositional and oper-
ational characteristics of existing centers, including—

‘‘(A) the pilot project interagency operational centers
for port security in Miami, Florida; Norfolk/Hampton
Roads, Virginia; Charleston, South Carolina; and San
Diego, California; and

‘‘(B) the virtual operation center of the Port of New
York and New Jersey;
‘‘(2) be organized to fit the security needs, requirements,

and resources of the individual port area at which each is
operating;

‘‘(3) in addition to the Coast Guard, provide, as the Sec-
retary determines appropriate, for participation by representa-
tives of the United States Customs and Border Protection,
the United States Immigration and Customs Enforcement, the
Transportation Security Administration, the Department of
Justice, the Department of Defense, and other Federal agencies,
State and local law enforcement or port security personnel,
members of the Area Maritime Security Committee, and other
public and private sector stakeholders adversely affected by
a transportation security incident or transportation disruption;
and

‘‘(4) be incorporated in the implementation and administra-
tion of—

‘‘(A) maritime transportation security plans developed
under section 70103;

‘‘(B) maritime intelligence activities under section
70113 and information sharing activities consistent with
section 1016 of the National Security Intelligence Reform
Act of 2004 (6 U.S.C. 485) and the Homeland Security
Information Sharing Act (6 U.S.C. 481 et seq.);

‘‘(C) short- and long-range vessel tracking under sec-
tions 70114 and 70115;

‘‘(D) protocols under section 201(b)(10) of the SAFE
Port Act;

‘‘(E) the transportation security incident response plans
required by section 70104; and

‘‘(F) other activities, as determined by the Secretary.
‘‘(c) SECURITY CLEARANCES.—The Secretary shall sponsor and

expedite individuals participating in interagency operational centers
in gaining or maintaining their security clearances. Through the
Captain of the Port, the Secretary may identify key individuals
who should participate. The port or other entities may appeal
to the Captain of the Port for sponsorship.

Deadline.

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120 STAT. 1893PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(d) SECURITY INCIDENTS.—During a transportation security
incident on or adjacent to waters subject to the jurisdiction of
the United States, the Coast Guard Captain of the Port designated
by the Commandant of the Coast Guard in a maritime security
command center described in subsection (a) shall act as the incident
commander, unless otherwise directed by the

President.

‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to affect the normal command and control procedures
for operational entities in the Department, unless so directed by
the Secretary.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $60,000,000 for each of the fiscal years 2007
through 2012 to carry out this section.’’.

(b) REPORT REQUIREMENT.—Nothing in this section or the
amendments made by this section relieves the Commandant of
the Coast Guard from complying with the requirements of section
807 of the Coast Guard and Maritime Transportation Act of 2004
(Public Law 108–293; 118 Stat. 1082). The Commandant shall uti-
lize the information developed in making the report required by
that section in carrying out the requirements of this section.

(c) BUDGET AND COST-SHARING ANALYSIS.—Not later than 180
days after the date of the enactment of this Act, the Secretary
of the department in which the Coast Guard is operating shall
submit to the appropriate congressional committees a proposed
budget analysis for implementing section 70107A of title 46, United
States Code, as added by subsection (a), including cost-sharing
arrangements with other Federal departments and agencies
involved in the interagency operation of the centers to be established
under such section.

(d) CLERICAL AMENDMENT.—The chapter analysis for chapter
701 of title 46, United States Code, is amended by inserting after
the item relating to section 70107 the following:

‘‘70107A. Interagency operational centers for port security’’.

SEC. 109. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE OUTER
CONTINENTAL SHELF.

(a) NOTICE OF ARRIVAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall update and finalize
the rulemaking on notice of arrival for foreign vessels on the Outer
Continental Shelf.

(b) CONTENT OF REGULATIONS.—The regulations promulgated
pursuant to subsection (a) shall be consistent with information
required under the Notice of Arrival under section 160.206 of title
33, Code of Federal Regulations, as in effect on the date of the
enactment of this Act.

SEC. 110. ENHANCED CREWMEMBER IDENTIFICATION.

Section 70111 of title 46, United States Code, is amended—
(1) in subsection (a) by striking ‘‘The’’ and inserting ‘‘Not

later than 1 year after the date of enactment of the SAFE
Port Act, the’’; and

(2) in subsection (b) by striking ‘‘The’’ and inserting ‘‘Not
later than 1 year after the date of enactment of the SAFE
Port Act, the’’.

Deadline.

Regulations.

33 USC 1223
note.

Deadline.

46 USC 70107A
note.

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120 STAT. 1894 PUBLIC LAW 109–347—OCT. 13, 2006

Subtitle B—Port Security Grants; Training
and Exercise Programs

SEC. 111. RISK ASSESSMENT TOOL.

In updating Area Maritime Security Plans required under sec-
tion 70103(b)(2)(F) of title 46, United States Code, and in applying
for grants under section 70107 of such title, the Secretary of the
Department in which the Coast Guard is operating shall make
available, and Area Maritime Security Committees may use a risk
assessment tool that uses standardized risk criteria, such as the
Maritime Security Risk Assessment Tool used by the Coast Guard.

SEC. 112. PORT SECURITY GRANTS.

(a) BASIS FOR GRANTS.—Section 70107(a) of title 46, United
States Code, is amended by striking ‘‘for making a fair and equitable
allocation of funds’’ and inserting ‘‘for the allocation of funds based
on risk’’.

(b) ELIGIBLE USES.—Section 70107(b) of title 46, United States
Code, is amended—

(1) in paragraph (2), by inserting after ‘‘crewmembers.’’
the following: ‘‘Grants awarded under this section may not
be used to construct buildings or other physical facilities, except
those which are constructed under terms and conditions con-
sistent with the requirements under section 611(j)(8) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121(j)(8)), including those facilities in support
of this paragraph, and specifically approved by the Secretary.
Costs eligible for funding under this paragraph may not exceed
the greater of—

‘‘(A) $1,000,000 per project; or
‘‘(B) such greater amount as may be approved by the

Secretary, which may not exceed 10 percent of the total
amount of the grant.’’;

and
(2) by adding at the end the following:

‘‘(5) The cost of conducting exercises or training for preven-

tion and detection of, preparedness for, response to, or recovery
from terrorist attacks.

‘‘(6) The cost of establishing or enhancing mechanisms for
sharing terrorism threat information and ensuring that the
mechanisms are interoperable with Federal, State, and local
agencies.

‘‘(7) The cost of equipment (including software) required
to receive, transmit, handle, and store classified information.’’.
(c) MULTIPLE-YEAR PROJECTS, ETC.—Section 70107 of title 46,

United States Code, is amended—
(1) by redesignating subsections (e), (f), (g), (h), and (i)

as subsections (i), (j), (k), (l), and (m), respectively, and by
inserting after subsection (d) the following:
‘‘(e) MULTIPLE-YEAR PROJECTS.—

‘‘(1) LETTERS OF INTENT.—The Secretary may execute let-
ters of intent to commit funding to such authorities, operators,
and agencies.

‘‘(2) LIMITATION.—Not more than 20 percent of the grant
funds awarded under this subsection in any fiscal year may
be awarded for projects that span multiple years.

46 USC 70103
note.

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120 STAT. 1895PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(f) CONSISTENCY WITH PLANS.—The Secretary shall ensure
that each grant awarded under subsection (e)—

‘‘(1) is used to supplement and support, in a consistent
and coordinated manner, the applicable Area Maritime
Transportation Security Plan; and

‘‘(2) is coordinated with any applicable State or Urban
Area Homeland Security Plan.
‘‘(g) APPLICATIONS.—Any entity subject to an Area Maritime

Transportation Security Plan may submit an application for a grant
under this section, at such time, in such form, and containing
such information and assurances as the Secretary may require.

‘‘(h) REPORTS.—Not later than 180 days after the date of the
enactment of the SAFE Port Act, the Secretary, acting through
the Commandant of the Coast Guard, shall submit a report to
Congress, in a secure format, describing the methodology used
to allocate port security grant funds on the basis of risk.’’; and

(2) in subsection (i)(1), as redesignated, by striking ‘‘pro-
gram’’ and inserting ‘‘Secretary’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 70107(l) of

title 46, United States Code, as redesignated, is amended to read
as follows:

‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $400,000,000 for each of the fiscal years 2007
through 2011 to carry out this section.’’.

(e) BASIS FOR GRANTS.—Section 70107(a) of title 46, United
States Code, is amended by striking ‘‘national economic and stra-
tegic defense concerns’’ and inserting ‘‘national economic, energy,
and strategic defense concerns based upon the most current risk
assessments available’’.

SEC. 113. PORT SECURITY TRAINING PROGRAM.

(a) IN GENERAL.—The Secretary, acting through the Under
Secretary for Preparedness and in coordination with the Com-
mandant of the Coast Guard, shall establish a Port Security
Training Program (referred to in this section as the ‘‘Training
Program’’) for the purpose of enhancing the capabilities of each
facility required to submit a plan under section 70103(c) of title
46, United States Code, to prevent, prepare for, respond to, mitigate
against, and recover from threatened or actual acts of terrorism,
natural disasters, and other emergencies.

(b) REQUIREMENTS.—The Training Program shall provide vali-
dated training that—

(1) reaches multiple disciplines, including Federal, State,
and local government officials, commercial seaport personnel
and management, and governmental and nongovernmental
emergency response providers;

(2) provides training at the awareness, performance, and
management and planning levels;

(3) utilizes multiple training mediums and methods;
(4) addresses port security topics, including—

(A) facility security plans and procedures, including
how security plans and procedures are adjusted when
threat levels increase;

(B) facility security force operations and management;
(C) physical security and access control at facilities;
(D) methods of security for preventing and countering

cargo theft;

6 USC 911.

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120 STAT. 1896 PUBLIC LAW 109–347—OCT. 13, 2006

(E) container security;
(F) recognition and detection of weapons, dangerous

substances, and devices;
(G) operation and maintenance of security equipment

and systems;
(H) security threats and patterns;
(I) security incident procedures, including procedures

for communicating with governmental and nongovern-
mental emergency response providers; and

(J) evacuation procedures;
(5) is consistent with, and supports implementation of,

the National Incident Management System, the National
Response Plan, the National Infrastructure Protection Plan,
the National Preparedness Guidance, the National Prepared-
ness Goal, the National Maritime Transportation Security Plan,
and other such national initiatives;

(6) is evaluated against clear and consistent performance
measures;

(7) addresses security requirements under facility security
plans; and

(8) educates, trains, and involves individuals in neighbor-
hoods around facilities required to submit a plan under section
70103(c) of title 46, United States Code, on how to observe
and report security risks.
(c) VESSEL AND FACILITY SECURITY PLANS.—Section 70103(c)(3)

of title 46, United States Code, is amended—
(1) by redesignating subparagraphs (F), (G), and (H) (as

added by section 102(1)(D)) as subparagraphs (G), (H), and
(I), respectively; and

(2) by inserting after subparagraph (E) the following:
‘‘(F) provide a strategy and timeline for conducting training

and periodic unannounced drills;’’.
(d) CONSULTATION.—The Secretary shall ensure that, in car-

rying out the Program, the Office of Grants and Training shall
consult with commercial seaport personnel and management.

(e) TRAINING PARTNERS.—In developing and delivering training
under the Training Program, the Secretary, in coordination with
the Maritime Administration of the Department of Transportation,
and consistent with section 109 of the Maritime Transportation
Security Act of 2002 (46 U.S.C. 70101 note), shall—

(1) work with government training facilities, academic
institutions, private organizations, employee organizations, and
other entities that provide specialized, state-of-the-art training
for governmental and nongovernmental emergency responder
providers or commercial seaport personnel and management;
and

(2) utilize, as appropriate, government training facilities,
courses provided by community colleges, public safety acad-
emies, State and private universities, and other facilities.

SEC. 114. PORT SECURITY EXERCISE PROGRAM.

(a) IN GENERAL.—The Secretary, acting through the Under
Secretary for Preparedness and in coordination with the Com-
mandant of the Coast Guard, shall establish a Port Security Exer-
cise Program (referred to in this section as the ‘‘Exercise Program’’)
for the purpose of testing and evaluating the capabilities of Federal,
State, local, and foreign governments, commercial seaport personnel

6 USC 912.

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120 STAT. 1897PUBLIC LAW 109–347—OCT. 13, 2006

and management, governmental and nongovernmental emergency
response providers, the private sector, or any other organization
or entity, as the Secretary determines to be appropriate, to prevent,
prepare for, mitigate against, respond to, and recover from acts
of terrorism, natural disasters, and other emergencies at facilities
required to submit a plan under section 70103(c) of title 46, United
States Code.

(b) REQUIREMENTS.—The Secretary shall ensure that the Exer-
cise Program—

(1) conducts, on a periodic basis, port security exercises
at such facilities that are—

(A) scaled and tailored to the needs of each facility;
(B) live, in the case of the most at-risk facilities;
(C) as realistic as practicable and based on current

risk assessments, including credible threats,
vulnerabilities, and consequences;

(D) consistent with the National Incident Management
System, the National Response Plan, the National Infra-
structure Protection Plan, the National Preparedness Guid-
ance, the National Preparedness Goal, the National Mari-
time Transportation Security Plan, and other such national
initiatives;

(E) evaluated against clear and consistent performance
measures;

(F) assessed to learn best practices, which shall be
shared with appropriate Federal, State, and local officials,
commercial seaport personnel and management, govern-
mental and nongovernmental emergency response pro-
viders, and the private sector; and

(G) followed by remedial action in response to lessons
learned; and
(2) assists State and local governments and facilities in

designing, implementing, and evaluating exercises that—
(A) conform to the requirements of paragraph (1); and
(B) are consistent with any applicable Area Maritime

Transportation Security Plan and State or Urban Area
Homeland Security Plan.

(1) identify and analyze each port security exercise for
lessons learned and best practices;

(2) disseminate lessons learned and best practices to
participants in the Exercise Program;

(3) monitor the implementation of lessons learned and best
practices by participants in the Exercise Program; and

(4) conduct remedial action tracking and long-term trend
analysis.

SEC. 115. FACILITY EXERCISE REQUIREMENTS.

The Secretary of the Department in which the Coast Guard
is operating shall require each high risk facility to conduct live
or full-scale exercises described in section 105.220(c) of title 33,
Code of Federal Regulations, not less frequently than once every
2 years, in accordance with the facility security plan required under
section 70103(c) of title 46, United States Code.

6 USC 913.

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120 STAT. 1898 PUBLIC LAW 109–347—OCT. 13, 2006

Subtitle C—Port Operations

SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.

(a) SCANNING CONTAINERS.—Subject to section 1318 of title
19, United States Code, not later than December 31, 2007, all
containers entering the United States through the 22 ports through
which the greatest volume of containers enter the United States
by vessel shall be scanned for radiation. To the extent practicable,
the Secretary shall deploy next generation radiation detection tech-
nology.

(b) STRATEGY.—The Secretary shall develop a strategy for the
deployment of radiation detection capabilities that includes—

(1) a risk-based prioritization of ports of entry at which
radiation detection equipment will be deployed;

(2) a proposed timeline of when radiation detection equip-
ment will be deployed at each port of entry identified under
paragraph (1);

(3) the type of equipment to be used at each port of entry
identified under paragraph (1), including the joint deployment
and utilization of radiation detection equipment and nonintru-
sive imaging equipment;

(4) standard operating procedures for examining containers
with such equipment, including sensor alarming, networking,
and communications and response protocols;

(5) operator training plans;
(6) an evaluation of the environmental health and safety

impacts of nonintrusive imaging technology and a radiation
risk reduction plan, in consultation with the Nuclear Regulatory
Commission, the Occupational Safety and Health Administra-
tion, and the National Institute for Occupational Safety and
Health, that seeks to minimize radiation exposure of workers
and the public to levels as low as reasonably achievable;

(7) the policy of the Department for using nonintrusive
imaging equipment in tandem with radiation detection equip-
ment; and

(8) a classified annex that—
(A) details plans for covert testing; and
(B) outlines the risk-based prioritization of ports of

entry identified under paragraph (1).
(c) REPORT.—Not later than 90 days after the date of the

enactment of this Act, the Secretary shall submit the strategy
developed under subsection (b) to the appropriate congressional
committees.

(d) UPDATE.—Not later than 180 days after the date of the
submission of the report under subsection (c), the Secretary shall
provide a more complete evaluation under subsection (b)(6).

(e) OTHER WEAPONS OF MASS DESTRUCTION THREATS.—Not
later than 180 days after the date of the enactment of this Act,
the Secretary shall submit to the appropriate congressional commit-
tees a report on the feasibility of, and a strategy for, the develop-
ment of equipment to detect and prevent shielded nuclear and
radiological threat material and chemical, biological, and other
weapons of mass destruction from entering the United States.

(f) STANDARDS.—The Secretary, acting through the Director
for Domestic Nuclear Detection and in collaboration with the

Publication.

Deadline.

Reports.

Deadline.
Deadline.

6 USC 921.

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120 STAT. 1899PUBLIC LAW 109–347—OCT. 13, 2006

National Institute of Standards and Technology, shall publish tech-
nical capability standards and recommended standard operating
procedures for the use of nonintrusive imaging and radiation detec-
tion equipment in the United States. Such standards and
procedures—

(1) should take into account relevant standards and proce-
dures utilized by other Federal departments or agencies as
well as those developed by international bodies; and

(2) shall not be designed so as to endorse specific companies
or create sovereignty conflicts with participating countries.
(g) IMPLEMENTATION.—Not later than 3 years after the date

of the enactment of this Act, the Secretary shall fully implement
the strategy developed under subsection (b).

(h) EXPANSION TO OTHER UNITED STATES PORTS OF ENTRY.—
(1) IN GENERAL.—As soon as practicable after—

(A) implementation of the program for the examination
of containers for radiation at ports of entry described in
subsection (a); and

(B) submission of the strategy developed under sub-
section (b) (and updating, if any, of that strategy under
subsection (c)),

but not later than December 31, 2008, the Secretary shall
expand the strategy developed under subsection (b), in a
manner consistent with the requirements of subsection (b),
to provide for the deployment of radiation detection capabilities
at all other United States ports of entry not covered by the
strategy developed under subsection (b).

(2) RISK ASSESSMENT.—In expanding the strategy under
paragraph (1), the Secretary shall identify and assess the risks
to those other ports of entry in order to determine what equip-
ment and practices will best mitigate the risks.
(i) INTERMODAL RAIL RADIATION DETECTION TEST CENTER.—

(1) ESTABLISHMENT.—In accordance with subsection (b),
and in order to comply with this section, the Secretary shall
establish an Intermodal Rail Radiation Detection Test Center
(referred to in this subsection as the ‘‘Test Center’’).

(2) PROJECTS.—The Secretary shall conduct multiple,
concurrent projects at the Test Center to rapidly identify and
test concepts specific to the challenges posed by on-dock rail.

(3) LOCATION.—The Test Center shall be located within
a public port facility at which a majority of the containerized
cargo is directly laden from (or unladen to) on-dock, intermodal
rail.

SEC. 122. INSPECTION OF CAR FERRIES ENTERING FROM ABROAD.

Not later than 120 days after the date of the enactment of
this Act, the Secretary, acting through the Commissioner, and in
coordination with the Secretary of State and in cooperation with
ferry operators and appropriate foreign government officials, shall
seek to develop a plan for the inspection of passengers and vehicles
before such passengers board, or such vehicles are loaded onto,
a ferry bound for a United States facility required to submit a
plan under section 70103(c) of title 46, United States Code.
SEC. 123. RANDOM SEARCHES OF

CONTAINERS.

Not later than 1 year after the date of the enactment of this
Act, the Secretary, acting through the Commissioner, shall develop
and implement a plan, utilizing best practices for empirical scientific

Deadline.
6 USC 923.

Deadline.
6 USC 922.

Deadline.

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120 STAT. 1900 PUBLIC LAW 109–347—OCT. 13, 2006

research design and random sampling, to conduct random searches
of containers in addition to any targeted or preshipment inspection
of such containers required by law or regulation or conducted under
any other program conducted by the Secretary. Nothing in this
section shall be construed to mean that implementation of the
random sampling plan precludes additional searches of containers
not inspected pursuant to the plan.

SEC. 124. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.

Section 70101(6) of title 46, United States Code, is amended
by adding at the end the following: ‘‘In this paragraph, the term
‘economic disruption’ does not include a work stoppage or other
employee-related action not related to terrorism and resulting from
an employee-employer dispute.’’.

SEC. 125. THREAT ASSESSMENT SCREENING OF PORT TRUCK DRIVERS.

Not later than 90 days after the date of the enactment of
this Act, the Secretary shall implement a threat assessment
screening, including name-based checks against terrorist watch lists
and immigration status check, for all port truck drivers with access
to secure areas of a port who have a commercial driver’s license
but do not have a current and valid hazardous materials endorse-
ment issued in accordance with section 1572 of title 49, Code
of Federal Regulations, that is the same as the threat assessment
screening required for facility employees and longshoremen by the
Commandant of the Coast Guard under Coast Guard Notice USCG–
2006–24189 (Federal Register, Vol. 71, No. 82, Friday, April 28,
2006).

SEC. 126. BORDER PATROL UNIT FOR UNITED STATES VIRGIN ISLANDS.

(a) IN GENERAL.—The Secretary may establish at least 1 Border
Patrol unit for the United States Virgin Islands.

(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that includes the schedule,
if any, for carrying out subsection (a).

SEC. 127. REPORT ON ARRIVAL AND DEPARTURE MANIFESTS FOR CER-
TAIN COMMERCIAL VESSELS IN THE UNITED STATES
VIRGIN ISLANDS.

Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate congressional
committees a report on the impact of implementing the require-
ments of section 231 of the Immigration and Nationality Act (8
U.S.C. 1221) (relating to providing United States border officers
with arrival and departure manifests) with respect to commercial
vessels that are fewer than 300 gross tons and operate exclusively
between the territorial waters of the United States Virgin Islands
and the territorial waters of the British Virgin Islands.

SEC. 128. CENTER OF EXCELLENCE FOR MARITIME DOMAIN AWARE-
NESS.

(a) ESTABLISHMENT.—The Secretary shall establish a univer-
sity-based Center for Excellence for Maritime Domain Awareness
following the merit-review processes and procedures that have been
established by the Secretary for selecting university program cen-
ters of excellence.

6 USC 926.

6 USC 925.

Deadline.
6 USC 924.

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120 STAT. 1901PUBLIC LAW 109–347—OCT. 13, 2006

(b) DUTIES.—The Center established under subsection (a)
shall—

(1) prioritize its activities based on the ‘‘National Plan
To Improve Maritime Domain Awareness’’ published by the
Department in October 2005;

(2) recognize the extensive previous and ongoing work and
existing competence in the field of maritime domain awareness
at numerous academic and research institutions, such as the
Naval Postgraduate School;

(3) leverage existing knowledge and continue development
of a broad base of expertise within academia and industry
in maritime domain awareness; and

(4) provide educational, technical, and analytical assistance
to Federal agencies with responsibilities for maritime domain
awareness, including the Coast Guard, to focus on the need
for interoperability, information sharing, and common informa-
tion technology standards and architecture.

TITLE II—SECURITY OF THE
INTERNATIONAL SUPPLY CHAIN

Subtitle A—General Provisions

SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE
INTERNATIONAL SUPPLY CHAIN.

(a) STRATEGIC PLAN.—The Secretary, in consultation with
appropriate Federal, State, local, and tribal government agencies
and private sector stakeholders responsible for security matters
that affect or relate to the movement of containers through the
international supply chain, shall develop, implement, and update,
as appropriate, a strategic plan to enhance the security of the
international supply chain.

(b) REQUIREMENTS.—The strategic plan required under sub-
section (a) shall—

(1) describe the roles, responsibilities, and authorities of
Federal, State, local, and tribal government agencies and pri-
vate-sector stakeholders that relate to the security of the move-
ment of containers through the international supply chain;

(2) identify and address gaps and unnecessary overlaps
in the roles, responsibilities, or authorities described in para-
graph (1);

(3) identify and make recommendations regarding legisla-
tive, regulatory, and organizational changes necessary to
improve coordination among the entities or to enhance the
security of the international supply chain;

(4) provide measurable goals, including objectives, mecha-
nisms, and a schedule, for furthering the security of commercial
operations from point of origin to point of destination;

(5) build on available resources and consider costs and
benefits;

(6) provide incentives for additional voluntary measures
to enhance cargo security, as recommended by the Commis-
sioner;

(7) consider the impact of supply chain security require-
ments on small- and medium-sized companies;

6 USC 941.

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120 STAT. 1902 PUBLIC LAW 109–347—OCT. 13, 2006

(8) include a process for sharing intelligence and informa-
tion with private-sector stakeholders to assist in their security
efforts;

(9) identify a framework for prudent and measured
response in the event of a transportation security incident
involving the international supply chain;

(10) provide protocols for the expeditious resumption of
the flow of trade in accordance with section 202;

(11) consider the linkages between supply chain security
and security programs within other systems of movement,
including travel security and terrorism finance programs; and

(12) expand upon and relate to existing strategies and
plans, including the National Response Plan, the National Mari-
time Transportation Security Plan, the National Strategy for
Maritime Security, and the 8 supporting plans of the Strategy,
as required by Homeland Security Presidential Directive 13.
(c) CONSULTATION.—In developing protocols under subsection

(b)(10), the Secretary shall consult with Federal, State, local, and
private sector stakeholders, including the National Maritime Secu-
rity Advisory Committee and the Commercial Operations Advisory
Committee.

(d) COMMUNICATION.—To the extent practicable, the strategic
plan developed under subsection (a) shall provide for coordination
with, and lines of communication among, appropriate Federal, State,
local, and private-sector stakeholders on law enforcement actions,
intermodal rerouting plans, and other strategic infrastructure issues
resulting from a transportation security incident or transportation
disruption.

(e) UTILIZATION OF ADVISORY COMMITTEES.—As part of the
consultations described in subsection (a), the Secretary shall, to
the extent practicable, utilize the Homeland Security Advisory Com-
mittee, the National Maritime Security Advisory Committee, and
the Commercial Operations Advisory Committee to review, as nec-
essary, the draft strategic plan and any subsequent updates to
the strategic plan.

(f) INTERNATIONAL STANDARDS AND PRACTICES.—In furtherance
of the strategic plan required under subsection (a), the Secretary
is encouraged to consider proposed or established standards and
practices of foreign governments and international organizations,
including the International Maritime Organization, the World Cus-
toms Organization, the International Labor Organization, and the
International Organization for Standardization, as appropriate, to
establish standards and best practices for the security of containers
moving through the international supply chain.

(g) REPORT.—
(1) INITIAL REPORT.—Not later than 270 days after the

date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report that con-
tains the strategic plan required by subsection (a).

(2) FINAL REPORT.—Not later than 3 years after the date
on which the strategic plan is submitted under paragraph (1),
the Secretary shall submit a report to the appropriate congres-
sional committees that contains an update of the strategic
plan.

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120 STAT. 1903PUBLIC LAW 109–347—OCT. 13, 2006

SEC. 202. POST-INCIDENT RESUMPTION OF TRADE.

(a) IN GENERAL.—The Secretary shall develop and update, as
necessary, protocols for the resumption of trade in accordance with
section 201(b)(10) in the event of a transportation disruption or
a transportation security incident. The protocols shall include—

(1) the identification of the appropriate initial incident
commander, if the Commandant of the Coast Guard is not
the appropriate person, and lead departments, agencies, or
offices to execute such protocols;

(2) a plan to redeploy resources and personnel, as nec-
essary, to reestablish the flow of trade;

(3) a plan to provide training for the periodic instruction
of personnel of the United States Customs and Border Protec-
tion, the Coast Guard, and the Transportation Security
Administration in trade resumption functions and responsibil-
ities; and

(4) appropriate factors for establishing prioritization of ves-
sels and cargo determined by the President to be critical for
response and recovery, including factors relating to public
health, national security, and economic need.
(b) VESSELS.—In determining the prioritization of vessels

accessing facilities (as defined under section 70101 of title 46,
United States Code), the Commandant of the Coast Guard may,
to the extent practicable and consistent with the protocols and
plans required under this section to ensure the safe and secure
transit of vessels to ports in the United States after a transportation
security incident, give priority to a vessel—

(1) that has an approved security plan under section
70103(c) of title 46, United States Code, or a valid international
ship security certificate, as provided under part 104 of title
33, Code of Federal Regulations;

(2) that is manned by individuals who are described in
section 70105(b)(2)(B) of title 46, United States Code; and

(3) that is operated by validated participants in the Cus-
toms-Trade Partnership Against Terrorism program.
(c) CARGO.—In determining the prioritization of the resumption

of the flow of cargo and consistent with the protocols established
under this section, the Commissioner may give preference to cargo—

(1) entering a port of entry directly from a foreign seaport
designated under the Container Security Initiative;

(2) from the supply chain of a validated C–TPAT partici-
pant and other private sector entities, as appropriate; or

(3) that has undergone—
(A) a nuclear or radiological detection scan;
(B) an x-ray, density, or other imaging scan; and
(C) a system to positively identify the container at

the last port of departure prior to arrival in the United
States, which data has been evaluated and analyzed by
personnel of the United States Customs and Border Protec-
tion.

(d) COORDINATION.—The Secretary shall ensure that there is
appropriate coordination among the Commandant of the Coast
Guard, the Commissioner, and other Federal officials following a
maritime disruption or maritime transportation security incident
in order to provide for the resumption of trade.

(e) COMMUNICATION.—Consistent with section 201, the Com-
mandant of the Coast Guard, Commissioner, and other appropriate

6 USC 942.

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120 STAT. 1904 PUBLIC LAW 109–347—OCT. 13, 2006

Federal officials, shall promptly communicate any revised proce-
dures or instructions intended for the private sector following a
maritime disruption or maritime transportation security incident.

SEC. 203. AUTOMATED TARGETING SYSTEM.

(a) IN GENERAL.—The Secretary, acting through the Commis-
sioner, shall—

(1) identify and seek the submission of data related to
the movement of a shipment of cargo through the international
supply chain; and

(2) analyze the data described in paragraph (1) to identify
high-risk cargo for inspection.
(b) REQUIREMENT.—The Secretary, acting through the Commis-

sioner, shall require the electronic transmission to the Department
of additional data elements for improved high-risk targeting,
including appropriate security elements of entry data, as determined
by the Secretary, to be provided as advanced information with
respect to cargo destined for importation into the United States
prior to loading of such cargo on vessels at foreign seaports.

(1) consider the cost, benefit, and feasibility of—
(A) requiring additional nonmanifest documentation;
(B) reducing the time period allowed by law for revi-

sions to a container cargo manifest;
(C) reducing the time period allowed by law for submis-

sion of certain elements of entry data, for vessel or cargo;
and

(D) such other actions the Secretary considers bene-
ficial for improving the information relied upon for the
Automated Targeting System and any successor targeting
system in furthering the security and integrity of the inter-
national supply chain; and
(2) consult with stakeholders, including the Commercial

Operations Advisory Committee, and identify to them the need
for such information, and the appropriate timing of its submis-
sion.
(d) REGULATIONS.—The Secretary shall promulgate regulations

to carry out this section. In promulgating such regulations, the
Secretary shall adhere to the parameters applicable to the develop-
ment of regulations under section 343(a) of the Trade Act of 2002
(19 U.S.C. 2071 note), including provisions relating to consultation,
technology, analysis, use of information, confidentiality, and timing
requirements.

(e) SYSTEM IMPROVEMENTS.—The Secretary, acting through the
Commissioner, shall—

(1) conduct, through an independent panel, a review of
the effectiveness and capabilities of the Automated Targeting
System;

(2) consider future iterations of the Automated Targeting
System, which would incorporate smart features, such as more
complex algorithms and real-time intelligence, instead of
relying solely on rule sets that are periodically updated;

(3) ensure that the Automated Targeting System has the
capability to electronically compare manifest and other avail-
able data for cargo entered into or bound for the United States

6 USC 943.

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120 STAT. 1905PUBLIC LAW 109–347—OCT. 13, 2006

to detect any significant anomalies between such data and
facilitate the resolution of such anomalies;

(4) ensure that the Automated Targeting System has the
capability to electronically identify, compile, and compare select
data elements for cargo entered into or bound for the United
States following a maritime transportation security incident,
in order to efficiently identify cargo for increased inspection
or expeditious release; and

(5) develop a schedule to address the recommendations
of the Comptroller General of the United States, the Inspector
General of the Department of the Treasury, and the Inspector
General of the Department with respect to the operation of
the Automated Targeting System.
(f) SECURE TRANSMISSION OF CERTAIN INFORMATION.—All

information required by the Department from supply chain partners
shall be transmitted in a secure fashion, as determined by the
Secretary, so as to protect the information from unauthorized access.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the United States Customs and Border Protec-
tion to carry out the Automated Targeting System for identifying
high-risk oceanborne container cargo for inspection—

(1) $33,200,000 for fiscal year 2008;
(2) $35,700,000 for fiscal year 2009; and
(3) $37,485,000 for fiscal year 2010.

SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 90 days after the date

of the enactment of this Act, the Secretary shall initiate a
rulemaking proceeding to establish minimum standards and
procedures for securing containers in transit to the United
States.

(2) INTERIM RULE.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall issue an
interim final rule pursuant to the proceeding described in para-
graph (1).

(3) MISSED DEADLINE.—If the Secretary is unable to meet
the deadline established pursuant to paragraph (2), the Sec-
retary shall submit a letter to the appropriate congressional
committees explaining why the Secretary is unable to meet
that deadline and describing what must be done before such
minimum standards and procedures can be established.

(4) DEADLINE FOR ENFORCEMENT.—Not later than 2 years
after the date on which the standards and procedures are
established pursuant to paragraph (1), all containers bound
for ports of entry in the United States shall meet such stand-
ards and procedures.
(b) REVIEW AND ENHANCEMENT.—The Secretary shall regularly

review and enhance the standards and procedures established
pursuant to subsection (a), as appropriate, based on tests of tech-
nologies as they become commercially available to detect container
intrusion and the highest consequence threats, particularly weapons
of mass destruction.

(c) INTERNATIONAL CARGO SECURITY STANDARDS.—The Sec-
retary, in consultation with the Secretary of State, the Secretary
of Energy, and other Federal Government officials, as appropriate,
and with the Commercial Operations Advisory Committee, the

Deadline.
Deadline.

6 USC 944.

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120 STAT. 1906 PUBLIC LAW 109–347—OCT. 13, 2006

Homeland Security Advisory Committee, and the National Maritime
Security Advisory Committee, is encouraged to promote and estab-
lish international standards for the security of containers moving
through the international supply chain with foreign governments
and international organizations, including the International Mari-
time Organization, the International Organization for Standardiza-
tion, the International Labor Organization, and the World Customs
Organization.

(d) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.—In car-
rying out this section, the Secretary shall consult with appropriate
Federal departments and agencies and private sector stakeholders
and ensure that actions under this section do not violate inter-
national trade obligations or other international obligations of the
United States.

SEC. 205. CONTAINER SECURITY INITIATIVE.

(a) ESTABLISHMENT.—The Secretary, acting through the
Commissioner, shall establish and implement a program (referred
to in this section as the ‘‘Container Security Initiative’’ or ‘‘CSI’’)
to identify and examine or search maritime containers that pose
a security risk before loading such containers in a foreign port
for shipment to the United States, either directly or through a
foreign port.

(b) ASSESSMENT.—The Secretary, acting through the Commis-
sioner, may designate foreign seaports to participate in the Con-
tainer Security Initiative after the Secretary has assessed the costs,
benefits, and other factors associated with such designation,
including—

(1) the level of risk for the potential compromise of con-
tainers by terrorists, or other threats as determined by the
Secretary;

(2) the volume of cargo being imported to the United States
directly from, or being transshipped through, the foreign sea-
port;

(3) the results of the Coast Guard assessments conducted
pursuant to section 70108 of title 46, United States Code;

(4) the commitment of the government of the country in
which the foreign seaport is located to cooperating with the
Department in sharing critical data and risk management
information and to maintain programs to ensure employee
integrity; and

(5) the potential for validation of security practices at the
foreign seaport by the Department.
(c) NOTIFICATION.—The Secretary shall notify the appropriate

congressional committees of the designation of a foreign port under
the Container Security Initiative or the revocation of such a designa-
tion before notifying the public of such designation or revocation.

(d) NEGOTIATIONS.—The Secretary, in cooperation with the Sec-
retary of State and in consultation with the United States Trade
Representative, may enter into negotiations with the government
of each foreign nation in which a seaport is designated under
the Container Security Initiative to ensure full compliance with
the requirements under the Container Security Initiative.

(e) OVERSEAS INSPECTIONS.—
(1) REQUIREMENTS AND PROCEDURES.—The Secretary

shall—

6 USC 945.

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120 STAT. 1907PUBLIC LAW 109–347—OCT. 13, 2006

(A) establish minimum technical capability criteria and
standard operating procedures for the use of nonintrusive
inspection and nuclear and radiological detection systems
in conjunction with CSI;

(B) require each port designated under CSI to operate
nonintrusive inspection and nuclear and radiological detec-
tion systems in accordance with the technical capability
criteria and standard operating procedures established
under subparagraph (A);

(C) continually monitor the technologies, processes, and
techniques used to inspect cargo at ports designated under
CSI to ensure adherence to such criteria and the use of
such procedures; and

(D) consult with the Secretary of Energy in establishing
the minimum technical capability criteria and standard
operating procedures established under subparagraph (A)
pertaining to radiation detection technologies to promote
consistency in detection systems at foreign ports designated
under CSI.
(2) CONSTRAINTS.—The criteria and procedures established

under paragraph (1)(A)—
(A) shall be consistent, as practicable, with relevant

standards and procedures utilized by other Federal depart-
ments or agencies, or developed by international bodies
if the United States consents to such standards and proce-
dures;

(B) shall not apply to activities conducted under the
Megaports Initiative of the Department of Energy; and

(C) shall not be designed to endorse the product or
technology of any specific company or to conflict with the
sovereignty of a country in which a foreign seaport des-
ignated under the Container Security Initiative is located.

(f) SAVINGS PROVISION.—The authority of the Secretary under
this section shall not affect any authority or duplicate any efforts
or responsibilities of the Federal Government with respect to the
deployment of radiation detection equipment outside of the United
States.

(g) COORDINATION.—The Secretary shall—
(1) coordinate with the Secretary of Energy, as necessary,

to provide radiation detection equipment required to support
the Container Security Initiative through the Department of
Energy’s Second Line of Defense Program and Megaports Initia-
tive; or

(2) work with the private sector or host governments, when
possible, to obtain radiation detection equipment that meets
the Department’s and the Department of Energy’s technical
specifications for such equipment.
(h) STAFFING.—The Secretary shall develop a human capital

management plan to determine adequate staffing levels in the
United States and in foreign seaports including, as appropriate,
the remote location of personnel in countries in which foreign sea-
ports are designated under the Container Security Initiative.

(i) ANNUAL DISCUSSIONS.—The Secretary, in coordination with
the appropriate Federal officials, shall hold annual discussions with
foreign governments of countries in which foreign seaports des-
ignated under the Container Security Initiative are located
regarding best practices, technical assistance, training needs, and

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120 STAT. 1908 PUBLIC LAW 109–347—OCT. 13, 2006

technological developments that will assist in ensuring the efficient
and secure movement of international cargo.

(j) LESSER RISK PORT.—The Secretary, acting through the
Commissioner, may treat cargo loaded in a foreign seaport des-
ignated under the Container Security Initiative as presenting a
lesser risk than similar cargo loaded in a foreign seaport that
is not designated under the Container Security Initiative, for the
purpose of clearing such cargo into the United States.

(k) PROHIBITION.—
(1) IN GENERAL.—The Secretary shall issue a ‘‘do not load’’

order, using existing authorities, to prevent the onload of any
cargo loaded at a port designated under CSI that has been
identified as high risk, including by the Automated Targeting
System, unless the cargo is determined to no longer be high
risk through—

(A) a scan of the cargo with nonintrusive imaging
equipment and radiation detection equipment;

(B) a search of the cargo; or
(C) additional information received by the Department.

(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to interfere with the ability of the Secretary
to deny entry of any cargo into the United States.
(l) REPORT.—

(1) IN GENERAL.—Not later than September 30, 2007, the
Secretary, acting through the Commissioner, shall, in consulta-
tion with other appropriate government officials and the
Commercial Operations Advisory Committee, submit a report
to the appropriate congressional committees on the effectiveness
of, and the need for any improvements to, the Container Secu-
rity Initiative. The report shall include—

(A) a description of the technical assistance delivered
to, as well as needed at, each designated seaport;

(B) a description of the human capital management
plan at each designated seaport;

(C) a summary of the requests made by the United
States to foreign governments to conduct physical or non-
intrusive inspections of cargo at designated seaports, and
whether each such request was granted or denied by the
foreign government;

(D) an assessment of the effectiveness of screening,
scanning, and inspection protocols and technologies utilized
at designated seaports and the effect on the flow of com-
merce at such seaports, as well as any recommendations
for improving the effectiveness of screening, scanning, and
inspection protocols and technologies utilized at designated
seaports;

(E) a description and assessment of the outcome of
any security incident involving a foreign seaport designated
under the Container Security Initiative;

(F) the rationale for the continuance of each port des-
ignated under CSI;

(G) a description of the potential for remote targeting
to decrease the number of personnel who are deployed
at foreign ports under CSI; and

(H) a summary and assessment of the aggregate
number and extent of trade compliance lapses at each
seaport designated under the Container Security Initiative.

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120 STAT. 1909PUBLIC LAW 109–347—OCT. 13, 2006

(2) UPDATED REPORT.—Not later than September 30, 2010,
the Secretary, acting through the Commissioner, shall, in con-
sultation with other appropriate government officials and the
Commercial Operations Advisory Committee, submit an
updated report to the appropriate congressional committees
on the effectiveness of, and the need for any improvements
to, the Container Security Initiative. The updated report shall
address each of the elements required to be included in the
report provided for under paragraph (1).
(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the United States Customs and Border Protec-
tion to carry out the provisions of this section—

(1) $144,000,000 for fiscal year 2008;
(2) $146,000,000 for fiscal year 2009; and
(3) $153,300,000 for fiscal year 2010.

Subtitle B—Customs–Trade Partnership
Against Terrorism

SEC. 211. ESTABLISHMENT.

(a) ESTABLISHMENT.—The Secretary, acting through the
Commissioner, is authorized to establish a voluntary government-
private sector program (to be known as the ‘‘Customs–Trade Part-
nership Against Terrorism’’ or ‘‘C–TPAT’’) to strengthen and
improve the overall security of the international supply chain and
United States border security, and to facilitate the movement of
secure cargo through the international supply chain, by providing
benefits to participants meeting or exceeding the program require-
ments. Participants in C–TPAT shall include Tier 1 participants,
Tier 2 participants, and Tier 3 participants.

(b) MINIMUM SECURITY REQUIREMENTS.—The Secretary, acting
through the Commissioner, shall review the minimum security
requirements of C–TPAT at least once every year and update such
requirements as necessary.
SEC. 212. ELIGIBLE ENTITIES.

Importers, customs brokers, forwarders, air, sea, land carriers,
contract logistics providers, and other entities in the international
supply chain and intermodal transportation system are eligible
to apply to voluntarily enter into partnerships with the Department
under C–TPAT.
SEC. 213. MINIMUM REQUIREMENTS.

An applicant seeking to participate in C–TPAT shall—
(1) demonstrate a history of moving cargo in the inter-

national supply chain;
(2) conduct an assessment of its supply chain based upon

security criteria established by the Secretary, acting through
the Commissioner, including—

(A) business partner requirements;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness; and
(G) information technology security;

6 USC 963.

6 USC 962.

6 USC 961.

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120 STAT. 1910 PUBLIC LAW 109–347—OCT. 13, 2006

(3) implement and maintain security measures and supply
chain security practices meeting security criteria established
by the Commissioner; and

(4) meet all other requirements established by the Commis-
sioner, in consultation with the Commercial Operations
Advisory Committee.

SEC. 214. TIER 1 PARTICIPANTS IN C–TPAT.

(a) BENEFITS.—The Secretary, acting through the Commis-
sioner, shall offer limited benefits to a Tier 1 participant who
has been certified in accordance with the guidelines referred to
in subsection (b). Such benefits may include a reduction in the
score assigned pursuant to the Automated Targeting System of
not greater than 20 percent of the high-risk threshold established
by the Secretary.

(b) GUIDELINES.—Not later than 180 days after the date of
the enactment of this Act, the Secretary, acting through the
Commissioner, shall update the guidelines for certifying a C–TPAT
participant’s security measures and supply chain security practices
under this section. Such guidelines shall include a background
investigation and extensive documentation review.

(c) TIMEFRAME.—To the extent practicable, the Secretary, acting
through the Commissioner, shall complete the Tier 1 certification
process within 90 days of receipt of an application for participation
in C–TPAT.

SEC. 215. TIER 2 PARTICIPANTS IN C–TPAT.

(a) VALIDATION.—The Secretary, acting through the Commis-
sioner, shall validate the security measures and supply chain secu-
rity practices of a Tier 1 participant in accordance with the guide-
lines referred to in subsection (c). Such validation shall include
on-site assessments at appropriate foreign locations utilized by the
Tier 1 participant in its supply chain and shall, to the extent
practicable, be completed not later than 1 year after certification
as a Tier 1 participant.

(b) BENEFITS.—The Secretary, acting through the Commis-
sioner, shall extend benefits to each C–TPAT participant that has
been validated as a Tier 2 participant under this section, which
may include—

(1) reduced scores in the Automated Targeting System;
(2) reduced examinations of cargo; and
(3) priority searches of cargo.

(c) GUIDELINES.—Not later than 180 days after the date of
the enactment of this Act, the Secretary, acting through the
Commissioner, shall develop a schedule and update the guidelines
for validating a participant’s security measures and supply chain
security practices under this section.

SEC. 216. TIER 3 PARTICIPANTS IN C–TPAT.

(a) IN GENERAL.—The Secretary, acting through the Commis-
sioner, shall establish a third tier of C–TPAT participation that
offers additional benefits to participants who demonstrate a sus-
tained commitment to maintaining security measures and supply
chain security practices that exceed the guidelines established for
validation as a Tier 2 participant in C–TPAT under section 215.

(b) CRITERIA.—The Secretary, acting through the Commis-
sioner, shall designate criteria for validating a C–TPAT participant

6 USC 966.

Deadline.

6 USC 965.

Deadline.

6 USC 964.

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120 STAT. 1911PUBLIC LAW 109–347—OCT. 13, 2006

as a Tier 3 participant under this section. Such criteria may
include—

(1) compliance with any additional guidelines established
by the Secretary that exceed the guidelines established pursu-
ant to section 215 of this Act for validating a C–TPAT partici-
pant as a Tier 2 participant, particularly with respect to con-
trols over access to cargo throughout the supply chain;

(2) submission of additional information regarding cargo
prior to loading, as determined by the Secretary;

(3) utilization of container security devices, technologies,
policies, or practices that meet standards and criteria estab-
lished by the Secretary; and

(4) compliance with any other cargo requirements estab-
lished by the Secretary.
(c) BENEFITS.—The Secretary, acting through the Commis-

sioner, in consultation with the Commercial Operations Advisory
Committee and the National Maritime Security Advisory Com-
mittee, shall extend benefits to each C–TPAT participant that has
been validated as a Tier 3 participant under this section, which
may include—

(1) the expedited release of a Tier 3 participant’s cargo
in destination ports within the United States during all threat
levels designated by the Secretary;

(2) further reduction in examinations of cargo;
(3) priority for examinations of cargo; and
(4) further reduction in the risk score assigned pursuant

to the Automated Targeting System; and
(5) inclusion in joint incident management exercises, as

appropriate.
(d) DEADLINE.—Not later than 2 years after the date of the

enactment of this Act, the Secretary, acting through the Commis-
sioner, shall designate appropriate criteria pursuant to subsection
(b) and provide benefits to validated Tier 3 participants pursuant
to subsection (c).

SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.

(a) IN GENERAL.—If at any time a C–TPAT participant’s secu-
rity measures and supply chain security practices fail to meet
any of the requirements under this subtitle, the Commissioner
may deny the participant benefits otherwise available under this
subtitle, in whole or in part. The Commissioner shall develop proce-
dures that provide appropriate protections to C–TPAT participants
before benefits are revoked. Such procedures may not limit the
ability of the Commissioner to take actions to protect the national
security of the United States.

(b) FALSE OR MISLEADING INFORMATION.—If a C–TPAT partici-
pant knowingly provides false or misleading information to the
Commissioner during the validation process provided for under
this subtitle, the Commissioner shall suspend or expel the partici-
pant from C–TPAT for an appropriate period of time. The Commis-
sioner, after the completion of the process under subsection (c),
may publish in the Federal Register a list of participants who
have been suspended or expelled from C–TPAT pursuant to this
subsection, and may make such list available to C–TPAT partici-
pants.

6 USC 967.

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120 STAT. 1912 PUBLIC LAW 109–347—OCT. 13, 2006

(1) IN GENERAL.—A C–TPAT participant may appeal a deci-
sion of the Commissioner pursuant to subsection (a). Such
appeal shall be filed with the Secretary not later than 90
days after the date of the decision, and the Secretary shall
issue a determination not later than 180 days after the appeal
is filed.

(2) APPEALS OF OTHER DECISIONS.—A C–TPAT participant
may appeal a decision of the Commissioner pursuant to sub-
section (b). Such appeal shall be filed with the Secretary not
later than 30 days after the date of the decision, and the
Secretary shall issue a determination not later than 180 days
after the appeal is filed.

SEC. 218. THIRD PARTY VALIDATIONS.

(a) PLAN.—The Secretary, acting through the Commissioner,
shall develop a plan to implement a 1-year voluntary pilot program
to test and assess the feasibility, costs, and benefits of using third
party entities to conduct validations of C–TPAT participants.

(b) CONSULTATIONS.—Not later than 120 days after the date
of the enactment of this Act, after consulting with private sector
stakeholders, including the Commercial Operations Advisory Com-
mittee, the Secretary shall submit a report to the appropriate
congressional committees on the plan described in subsection (a).

tions described in subsection (b), the Secretary shall carry
out the 1-year pilot program to conduct validations of C–TPAT
participants using third party entities described in subsection
(a).

(2) AUTHORITY OF THE SECRETARY.—The decision to validate
a C–TPAT participant is solely within the discretion of the
Secretary, or the Secretary’s designee.
(d) CERTIFICATION OF THIRD PARTY ENTITIES.—The Secretary

shall certify a third party entity to conduct validations under sub-
section (c) if the entity—

(1) demonstrates to the satisfaction of the Secretary that
the entity has the ability to perform validations in accordance
with standard operating procedures and requirements des-
ignated by the Secretary; and

(2) agrees—
(A) to perform validations in accordance with such

standard operating procedures and requirements (and
updates to such procedures and requirements); and

(B) to maintain liability insurance coverage at policy
limits and in accordance with conditions to be established
by the Secretary; and
(3) signs an agreement to protect all proprietary informa-

tion of C–TPAT participants with respect to which the entity
will conduct validations.
(e) INFORMATION FOR ESTABLISHING LIMITS OF LIABILITY INSUR-

ANCE.—A third party entity seeking a certificate under subsection
(d) shall submit to the Secretary necessary information for estab-
lishing the limits of liability insurance required to be maintained
by the entity under this Act.

(f) ADDITIONAL REQUIREMENTS.—The Secretary shall ensure
that—

Deadline.
Deadline.
Reports.

6 USC 968.

Deadlines.

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120 STAT. 1913PUBLIC LAW 109–347—OCT. 13, 2006

(1) any third party entity certified under this section does
not have—

(A) any beneficial interest in or any direct or indirect
control over the C–TPAT participant for which the valida-
tion services are performed; or

(B) any other conflict of interest with respect to the
C–TPAT participant; and
(2) the C–TPAT participant has entered into a contract

with the third party entity under which the C–TPAT participant
agrees to pay all costs associated with the validation.
(g) MONITORING.—

(1) IN GENERAL.—The Secretary shall regularly monitor
and inspect the operations of a third party entity conducting
validations under subsection (c) to ensure that the entity is
meeting the minimum standard operating procedures and
requirements for the validation of C–TPAT participants estab-
lished by the Secretary and all other applicable requirements
for validation services.

(2) REVOCATION.—If the Secretary determines that a third
party entity is not meeting the minimum standard operating
procedures and requirements designated by the Secretary under
subsection (d)(1), the Secretary shall—

(A) revoke the entity’s certificate of conformance issued
under subsection (d)(1); and

(B) review any validations conducted by the entity.
(h) LIMITATION ON AUTHORITY.—The Secretary may only grant

a C–TPAT validation by a third party entity pursuant to subsection
(c) if the C–TPAT participant voluntarily submits to validation
by such third party entity.

(i) REPORT.—Not later than 30 days after the completion of
the pilot program conducted pursuant to subsection (c), the Sec-
retary shall submit a report to the appropriate congressional
committees that contains—

(1) the results of the pilot program, including the extent
to which the pilot program ensured sufficient protection for
proprietary commercial information;

(2) the cost and efficiency associated with validations under
the pilot program;

(3) the impact of the pilot program on the rate of validations
conducted under C–TPAT;

(4) any impact on national security of the pilot program;
and

(5) any recommendations by the Secretary based upon the
results of the pilot program.

SEC. 219. REVALIDATION.

The Secretary, acting through the Commissioner, shall develop
and implement—

(1) a revalidation process for Tier 2 and Tier 3 participants;
(2) a framework based upon objective criteria for identifying

participants for periodic revalidation not less frequently than
once during each 4-year period following the initial validation;
and

(3) an annual plan for revalidation that includes—
(A) performance measures;
(B) an assessment of the personnel needed to perform

the revalidations; and

6 USC 969.

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120 STAT. 1914 PUBLIC LAW 109–347—OCT. 13, 2006

SEC. 220. NONCONTAINERIZED CARGO.

The Secretary, acting through the Commissioner, shall consider
the potential for participation in C–TPAT by importers of non-
containerized cargoes that otherwise meet the requirements under
this subtitle.

SEC. 221. C–TPAT PROGRAM MANAGEMENT.

(a) IN GENERAL.—The Secretary, acting through the Commis-
sioner, shall establish sufficient internal quality controls and record
management to support the management systems of C–TPAT. In
managing the program, the Secretary shall ensure that the program
includes:

(1) STRATEGIC PLAN.—A 5-year plan to identify outcome-
based goals and performance measures of the program.

(2) ANNUAL PLAN.—An annual plan for each fiscal year
designed to match available resources to the projected workload.

(3) STANDARDIZED WORK PROGRAM.—A standardized work
program to be used by agency personnel to carry out the certifi-
cations, validations, and revalidations of participants. The Sec-
retary shall keep records and monitor staff hours associated
with the completion of each such review.
(b) DOCUMENTATION OF REVIEWS.—The Secretary, acting

through the Commissioner, shall maintain a record management
system to document determinations on the reviews of each C–
TPAT paricipant, including certifications, validations, and revalida-
tions.

(c) CONFIDENTIAL INFORMATION SAFEGUARDS.—In consultation
with the Commercial Operations Advisory Committee, the Sec-
retary, acting through the Commissioner, shall develop and imple-
ment procedures to ensure the protection of confidential data col-
lected, stored, or shared with government agencies or as part of
the application, certification, validation, and revalidation processes.

(d) RESOURCE MANAGEMENT STAFFING PLAN.—The Secretary,
acting through the Commissioner, shall—

(1) develop a staffing plan to recruit and train staff
(including a formalized training program) to meet the objectives
identified in the strategic plan of the C–TPAT program; and

(2) provide cross-training in postincident trade resumption
for personnel who administer the C–TPAT program.
(e) REPORT TO CONGRESS.—In connection with the President’s

annual budget submission for the Department, the Secretary shall
report to the appropriate congressional committees on the progress
made by the Commissioner to certify, validate, and revalidate C–
TPAT participants. Such report shall be due on the same date
that the President’s budget is submitted to the Congress.

SEC. 222. ADDITIONAL PERSONNEL.

For fiscal years 2008 and 2009, the Commissioner shall increase
by not less than 50 the number of full-time personnel engaged
in the validation and revalidation of C–TPAT participants (over
the number of such personnel on the last day of the previous
fiscal year), and shall provide appropriate training and support
to such additional personnel.

6 USC 972.

Procedures.

6 USC 971.

6 USC 970.

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120 STAT. 1915PUBLIC LAW 109–347—OCT. 13, 2006

SEC. 223. AUTHORIZATION OF APPROPRIATIONS.

(a) C–TPAT.—There are authorized to be appropriated to the
United States Customs and Border Protection to carry out the
provisions of sections 211 through 221 to remain available until
expended—

(1) $65,000,000 for fiscal year 2008;
(2) $72,000,000 for fiscal year 2009; and
(3) $75,600,000 for fiscal year 2010.

(b) ADDITIONAL PERSONNEL.—In addition to any amounts other-
wise appropriated to the United States Customs and Border Protec-
tion, there are authorized to be appropriated for the purpose of
meeting the staffing requirement provided for in section 222, to
remain available until expended—

(1) $8,500,000 for fiscal year 2008;
(2) $17,600,000 for fiscal year 2009;
(3) $19,000,000 for fiscal year 2010;
(4) $20,000,000 for fiscal year 2011; and
(5) $21,000,000 for fiscal year 2012.

Subtitle C—Miscellaneous Provisions

SEC. 231. PILOT INTEGRATED SCANNING SYSTEM.

(a) DESIGNATIONS.—Not later than 90 days after the date of
the enactment of this Act, the Secretary shall designate 3 foreign
seaports through which containers pass or are transshipped to
the United States for the establishment of pilot integrated scanning
systems that couple nonintrusive imaging equipment and radiation
detection equipment. In making the designations under this sub-
section, the Secretary shall consider 3 distinct ports with unique
features and differing levels of trade volume.

(b) COORDINATION.—The Secretary shall—
(1) coordinate with the Secretary of Energy, as necessary,

to provide radiation detection equipment through the Depart-
ment of Energy’s Second Line of Defense and Megaports pro-
grams; or

(2) work with the private sector or, when possible, host
governments to obtain radiation detection equipment that
meets both the Department’s and the Department of Energy’s
technical specifications for such equipment.
(c) PILOT SYSTEM IMPLEMENTATION.—Not later than 1 year

after the date of the enactment of this Act, the Secretary shall
achieve a full-scale implementation of the pilot integrated scanning
system at the ports designated under subsection (a), which—

(1) shall scan all containers destined for the United States
that are loaded in such ports;

(2) shall electronically transmit the images and information
to appropriate United States Government personnel in the
country in which the port is located or in the United States
for evaluation and analysis;

(3) shall resolve every radiation alarm according to estab-
lished Department procedures;

(4) shall utilize the information collected to enhance the
Automated Targeting System or other relevant programs;

(5) shall store the information for later retrieval and anal-
ysis; and

Deadline.
Deadline.

6 USC 981.

6 USC 973.

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120 STAT. 1916 PUBLIC LAW 109–347—OCT. 13, 2006

(6) may provide an automated notification of questionable
or high-risk cargo as a trigger for further inspection by appro-
priately trained personnel.
(d) REPORT.—Not later than 180 days after achieving full-scale

implementation under subsection (c), the Secretary, in consultation
with the Secretary of State and, as appropriate, the Secretary
of Energy, shall submit a report to the appropriate congressional
committees, that includes—

(1) an evaluation of the lessons derived from the pilot
system implemented under this subsection;

(2) an analysis of the efficacy of the Automated Targeting
System or other relevant programs in utilizing the images
captured to examine high-risk containers;

(3) an evaluation of the effectiveness of the integrated
scanning system in detecting shielded and unshielded nuclear
and radiological material;

(4) an evaluation of software and other technologies that
are capable of automatically identifying potential anomalies
in scanned containers; and

(5) an analysis of the need and feasibility of expanding
the integrated scanning system to other container security ini-
tiative ports, including—

(A) an analysis of the infrastructure requirements;
(B) a projection of the effect on current average proc-

essing speed of containerized cargo;
(C) an evaluation of the scalability of the system to

meet both current and future forecasted trade flows;
(D) the ability of the system to automatically maintain

and catalog appropriate data for reference and analysis
in the event of a transportation disruption;

(E) an analysis of requirements, including costs, to
install and maintain an integrated scanning system;

(F) the ability of administering personnel to efficiently
manage and utilize the data produced by a nonintrusive
scanning system;

(G) the ability to safeguard commercial data generated
by, or submitted to, a nonintrusive scanning system; and

(H) an assessment of the reliability of currently avail-
able technology to implement an integrated scanning
system.

SEC. 232. SCREENING AND SCANNING OF CARGO CONTAINERS.

(a) ONE HUNDRED PERCENT SCREENING OF CARGO CONTAINERS
AND 100 PERCENT SCANNING OF HIGH-RISK CONTAINERS.—

(1) SCREENING OF CARGO CONTAINERS.—The Secretary shall
ensure that 100 percent of the cargo containers originating
outside the United States and unloaded at a United States
seaport undergo a screening to identify high-risk containers.

(2) SCANNING OF HIGH-RISK CONTAINERS.—The Secretary
shall ensure that 100 percent of the containers that have been
identified as high-risk under paragraph (1), or through other
means, are scanned or searched before such containers leave
a United States seaport facility.
(b) FULL-SCALE IMPLEMENTATION.—The Secretary, in coordina-

tion with the Secretary of Energy and foreign partners, as appro-
priate, shall ensure integrated scanning systems are fully deployed

6 USC 982.

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120 STAT. 1917PUBLIC LAW 109–347—OCT. 13, 2006

to scan, using nonintrusive imaging equipment and radiation detec-
tion equipment, all containers entering the United States before
such containers arrive in the United States as soon as possible,
but not before the Secretary determines that the integrated scan-
ning system—

(1) meets the requirements set forth in section 231(c);
(2) has a sufficiently low false alarm rate for use in the

supply chain;
(3) is capable of being deployed and operated at ports

overseas;
(4) is capable of integrating, as necessary, with existing

systems;
(5) does not significantly impact trade capacity and flow

of cargo at foreign or United States ports; and
(6) provides an automated notification of questionable or

high-risk cargo as a trigger for further inspection by appro-
priately trained personnel.
(c) REPORT.—Not later than 6 months after the submission

of a report under section 231(d), and every 6 months thereafter,
the Secretary shall submit a report to the appropriate congressional
committees describing the status of full-scale deployment under
subsection (b) and the cost of deploying the system at each foreign
port at which the integrated scanning systems are deployed.
SEC. 233. INTERNATIONAL COOPERATION AND COORDINATION.

(a) INSPECTION TECHNOLOGY AND TRAINING.—
(1) IN GENERAL.—The Secretary, in coordination with the

Secretary of State, the Secretary of Energy, and appropriate
representatives of other Federal agencies, may provide technical
assistance, equipment, and training to facilitate the
implementation of supply chain security measures at ports
designated under the Container Security Initiative.

(2) ACQUISITION AND TRAINING.—Unless otherwise prohib-
ited by law, the Secretary may—

(A) lease, loan, provide, or otherwise assist in the
deployment of nonintrusive inspection and radiation detec-
tion equipment at foreign land and sea ports under such
terms and conditions as the Secretary prescribes, including
nonreimbursable loans or the transfer of ownership of
equipment; and

(B) provide training and technical assistance for
domestic or foreign personnel responsible for operating or
maintaining such equipment.

(b) ACTIONS AND ASSISTANCE FOR FOREIGN PORTS AND UNITED
STATES TERRITORIES.—Section 70110 of title 46, United States Code,
is amended—

(1) by striking the section header and inserting the fol-
lowing:

‘‘§ 70110. Actions and assistance for foreign ports and United
States territories’’;

and
(2) by adding at the end the following:

‘‘(e) ASSISTANCE FOR FOREIGN PORTS AND UNITED STATES TERRI-
TORIES.—

‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, and the

6 USC 983.

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120 STAT. 1918 PUBLIC LAW 109–347—OCT. 13, 2006

Secretary of Energy, shall identify assistance programs that
could facilitate implementation of port security antiterrorism
measures in foreign countries and territories of the United
States. The Secretary shall establish a program to utilize the
programs that are capable of implementing port security
antiterrorism measures at ports in foreign countries and terri-
tories of the United States that the Secretary finds to lack
effective antiterrorism measures.

‘‘(2) CARIBBEAN BASIN.—The Secretary, in coordination with
the Secretary of State and in consultation with the Organization
of American States and the Commandant of the Coast Guard,
shall place particular emphasis on utilizing programs to facili-
tate the implementation of port security antiterrorism measures
at the ports located in the Caribbean Basin, as such ports
pose unique security and safety threats to the United States
due to—

‘‘(A) the strategic location of such ports between South
America and the United States;

‘‘(B) the relative openness of such ports; and
‘‘(C) the significant number of shipments of narcotics

to the United States that are moved through such ports.’’.
(c) REPORT ON SECURITY AT PORTS IN THE CARIBBEAN BASIN.—

(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit a report to the appropriate congres-
sional committees on the security of ports in the Caribbean
Basin.

(2) CONTENTS.—The report submitted under paragraph
(1)—

(A) shall include—
(i) an assessment of the effectiveness of the meas-

ures employed to improve security at ports in the
Caribbean Basin and recommendations for any addi-
tional measures to improve such security;

(ii) an estimate of the number of ports in the
Caribbean Basin that will not be secured by January
1, 2007;

(iii) an estimate of the financial impact in the
United States of any action taken pursuant to section
70110 of title 46, United States Code, that affects
trade between such ports and the United States; and

(iv) an assessment of the additional resources and
program changes that are necessary to maximize secu-
rity at ports in the Caribbean Basin; and
(B) may be submitted in both classified and redacted

formats.
(d) CLERICAL AMENDMENT.—The chapter analysis for chapter

701 of title 46, United States Code, is amended by striking the
item relating to section 70110 and inserting the following:

‘‘70110. Actions and assistance for foreign ports and United States territories.’’.

SEC. 234. FOREIGN PORT ASSESSMENTS.

Section 70108 of title 46, United States Code, is amended
by adding at the end the following:

‘‘(d) PERIODIC REASSESSMENT.—The Secretary, acting through
the Commandant of the Coast Guard, shall reassess the effective-
ness of antiterrorism measures maintained at ports as described

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120 STAT. 1919PUBLIC LAW 109–347—OCT. 13, 2006

under subsection (a) and of procedures described in subsection
(b) not less than once every 3 years.’’.
SEC. 235. PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY

CONTAINERS.

(a) IN GENERAL.—The Secretary shall conduct a 1-year pilot
program to assess the risk posed by and improve the security
of empty containers at United States seaports to ensure the safe
and secure delivery of cargo and to prevent potential acts of ter-
rorism involving such containers. The pilot program shall include
the use of visual searches of empty containers at United States
seaports.

(b) REPORT.—Not later than 90 days after the completion of
the pilot program under paragraph (1), the Secretary shall prepare
and submit to the appropriate congressional committees a report
that contains—

(1) the results of the pilot program; and
(2) the determination of the Secretary on whether to expand

the pilot program.
SEC. 236. INFORMATION SHARING RELATING TO SUPPLY CHAIN SECU-

RITY COOPERATION.

(a) PURPOSES.—The purposes of this section are—
(1) to establish continuing liaison and to provide for supply

chain security cooperation between Department and the private
sector; and

(2) to provide for regular and timely interchange of informa-
tion between the private sector and the Department concerning
developments and security risks in the supply chain environ-
ment.
(b) SYSTEM.—The Secretary shall develop a system to collect

from and share appropriate risk information related to the supply
chain with the private sector entities determined appropriate by
the Secretary.

(c) CONSULTATION.—In developing the system under subsection
(b), the Secretary shall consult with the Commercial Operations
Advisory Committee and a broad range of public and private sector
entities likely to utilize the system, including importers, exporters,
carriers, customs brokers, and freight forwarders, among other par-
ties.

(d) INDEPENDENTLY OBTAINED INFORMATION.—Nothing in this
section shall be construed to limit or otherwise affect the ability
of a Federal, State, or local government entity, under applicable
law, to obtain supply chain security information, including any
information lawfully and properly disclosed generally or broadly
to the public and to use such information in any manner permitted
by law.

(e) AUTHORITY TO ISSUE WARNINGS.—The Secretary may pro-
vide advisories, alerts, and warnings to relevant companies, tar-
geted sectors, other governmental entities, or the general public
regarding potential risks to the supply chain as appropriate. In
issuing a warning, the Secretary shall take appropriate actions
to protect from disclosure—

(1) the source of any voluntarily submitted supply chain
security information that forms the basis for the warning; and

(2) information that is proprietary, business sensitive,
relates specifically to the submitting person or entity, or is
otherwise not appropriately in the public domain.

6 USC 985.

6 USC 984.

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120 STAT. 1920 PUBLIC LAW 109–347—OCT. 13, 2006

TITLE III—ADMINISTRATION

SEC. 301. OFFICE OF CARGO SECURITY POLICY.

(a) ESTABLISHMENT.—Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding
at the end the following:

‘‘SEC. 431. OFFICE OF CARGO SECURITY POLICY.

‘‘(a) ESTABLISHMENT.—There is established within the Depart-
ment an Office of Cargo Security Policy (referred to in this section
as the ‘Office’).

‘‘(b) PURPOSE.—The Office shall—
‘‘(1) coordinate all Department policies relating to cargo

security; and
‘‘(2) consult with stakeholders and coordinate with other

Federal agencies in the establishment of standards and regula-
tions and to promote best practices.
‘‘(c) DIRECTOR.—

‘‘(1) APPOINTMENT.—The Office shall be headed by a
Director, who shall—

‘‘(A) be appointed by the Secretary; and
‘‘(B) report to the Assistant Secretary for Policy.

‘‘(2) RESPONSIBILITIES.—The Director shall—
‘‘(A) advise the Assistant Secretary for Policy in the

development of Department-wide policies regarding cargo
security;

‘‘(B) coordinate all policies relating to cargo security
among the agencies and offices within the Department
relating to cargo security; and

‘‘(C) coordinate the cargo security policies of the
Department with the policies of other executive agencies.’’.

(b) DESIGNATION OF LIAISON OFFICE OF DEPARTMENT OF
STATE.—The Secretary of State shall designate a liaison office
within the Department of State to assist the Secretary, as appro-
priate, in negotiating cargo security-related international agree-
ments.

(1) the authorities, functions, or capabilities of the Coast
Guard to perform its missions; or

(2) the requirement under section 888 of the Homeland
Security Act (6 U.S.C. 468) that those authorities, functions,
and capabilities be maintained intact.
(d) CLERICAL AMENDMENT.—The table of contents of the Home-

land Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 430 the following:

‘‘Sec. 431. Office of Cargo Security Policy.’’.

SEC. 302. REAUTHORIZATION OF HOMELAND SECURITY SCIENCE AND
TECHNOLOGY ADVISORY COMMITTEE.

(a) IN GENERAL.—Section 311(j) of the Homeland Security Act
of 2002 (6 U.S.C. 191(j)) is amended by striking ‘‘3 years after
the effective date of this Act’’ and inserting ‘‘on December 31,
2008’’.

6 USC 239 note.

6 USC 1001.

6 USC 239.

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120 STAT. 1921PUBLIC LAW 109–347—OCT. 13, 2006

(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective as if enacted on the date of the enactment of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).

(c) ADVISORY COMMITTEE.—The Under Secretary for Science
and Technology shall utilize the Homeland Security Science and
Technology Advisory Committee, as appropriate, to provide outside
expertise in advancing cargo security technology.

SEC. 303. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
EFFORTS IN FURTHERANCE OF MARITIME AND CARGO
SECURITY.

(a) IN GENERAL.—The Secretary shall—
(1) direct research, development, testing, and evaluation

efforts in furtherance of maritime and cargo security;
(2) coordinate with public and private sector entities to

develop and test technologies, and process innovations in fur-
therance of these objectives; and

(3) evaluate such technologies.
(b) COORDINATION.—The Secretary, in coordination with the

Under Secretary for Science and Technology, the Assistant Sec-
retary for Policy, the Commandant of the Coast Guard, the Director
for Domestic Nuclear Detection, the Chief Financial Officer, and
the heads of other appropriate offices or entities of the Department,
shall ensure that—

(1) research, development, testing, and evaluation efforts
funded by the Department in furtherance of maritime and
cargo security are coordinated within the Department and with
other appropriate Federal agencies to avoid duplication of
efforts; and

(2) the results of such efforts are shared throughout the
Department and with other Federal, State, and local agencies,
as appropriate.

TITLE IV—AGENCY RESOURCES AND
OVERSIGHT

SEC. 401. TRADE AND CUSTOMS REVENUE FUNCTIONS OF THE
DEPARTMENT.

(a) TRADE AND CUSTOMS REVENUE FUNCTIONS.—
(1) DESIGNATION OF APPROPRIATE OFFICIAL.—The Secretary

shall designate an appropriate senior official in the office of
the Secretary who shall—

(A) ensure that the trade and customs revenue func-
tions of the Department are coordinated within the Depart-
ment and with other Federal departments and agencies,
and that the impact on legitimate trade is taken into
account in any action impacting the functions; and

(B) monitor and report to Congress on the Depart-
ment’s mandate to ensure that the trade and customs
revenue functions of the Department are not diminished,
including how spending, operations, and personnel related
to these functions have kept pace with the level of trade
entering the United States.
(2) DIRECTOR OF TRADE POLICY.—There shall be a Director

of Trade Policy (in this subsection referred to as the ‘‘Director’’),

6 USC 115.

6 USC 1003.

6 USC 1002.

6 USC 191 note.

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120 STAT. 1922 PUBLIC LAW 109–347—OCT. 13, 2006

who shall be subject to the direction and control of the official
designated pursuant to paragraph (1). The Director shall—

(A) advise the official designated pursuant to para-
graph (1) regarding all aspects of Department policies
relating to the trade and customs revenue functions of
the Department;

(B) coordinate the development of Department-wide
policies regarding trade and customs revenue functions
and trade facilitation; and

(C) coordinate the trade and customs revenue-related
policies of the Department with the policies of other Federal
departments and agencies.

(b) STUDY; REPORT.—
(1) IN GENERAL.—The Comptroller General of the United

States shall conduct a study evaluating the extent to which
the Department of Homeland Security is meeting its obligations
under section 412(b) of the Homeland Security Act of 2002
(6 U.S.C. 212(b)) with respect to the maintenance of customs
revenue functions.

(2) ANALYSIS.—The study shall include an analysis of—
(A) the extent to which the customs revenue functions

carried out by the former United States Customs Service
have been consolidated with other functions of the Depart-
ment (including the assignment of noncustoms revenue
functions to personnel responsible for customs revenue
collection), discontinued, or diminished following the
transfer of the United States Customs Service to the
Department;

(B) the extent to which staffing levels or resources
attributable to customs revenue functions have decreased
since the transfer of the United States Customs Service
to the Department; and

(C) the extent to which the management structure
created by the Department ensures effective trade facilita-
tion and customs revenue collection.
(3) REPORT.—Not later than 180 days after the date of

the enactment of this Act, the Comptroller General shall submit
to the appropriate congressional committees a report on the
results of the study conducted under subsection (a).

(4) MAINTENANCE OF FUNCTIONS.—Not later than Sep-
tember 30, 2007, the Secretary shall ensure that the require-
ments of section 412(b) of the Homeland Security Act of 2002
(6 U.S.C. 212(b)) are fully satisfied and shall report to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives regarding
implementation of this paragraph.

(5) DEFINITION.—In this section, the term ‘‘customs revenue
functions’’ means the functions described in section 412(b)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)).
(c) CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNC-

TIONS.—
(1) BUSINESS COMMUNITY CONSULTATIONS.—The Secretary

shall consult with representatives of the business community
involved in international trade, including seeking the advice
and recommendations of the Commercial Operations Advisory
Committee, on Department policies and actions that have a

Deadline.

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120 STAT. 1923PUBLIC LAW 109–347—OCT. 13, 2006

significant impact on international trade and customs revenue
functions.

(2) CONGRESSIONAL CONSULTATION AND NOTIFICATION.—
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-

retary shall notify the appropriate congressional commit-
tees not later than 30 days prior to the finalization of
any Department policies, initiatives, or actions that will
have a major impact on trade and customs revenue func-
tions. Such notifications shall include a description of the
proposed policies, initiatives, or actions and any comments
or recommendations provided by the Commercial Oper-
ations Advisory Committee and other relevant groups
regarding the proposed policies, initiatives, or actions.

(B) EXCEPTION.—If the Secretary determines that it
is important to the national security interest of the United
States to finalize any Department policies, initiatives, or
actions prior to the consultation described in subparagraph
(A), the Secretary shall—

(i) notify and provide any recommendations of the
Commercial Operations Advisory Committee received
to the appropriate congressional committees not later
than 45 days after the date on which the policies,
initiatives, or actions are finalized; and

(ii) to the extent appropriate, modify the policies,
initiatives, or actions based upon the consultations
with the appropriate congressional committees.

(d) NOTIFICATION OF REORGANIZATION OF CUSTOMS REVENUE
FUNCTIONS.—

(1) IN GENERAL.—Not less than 45 days prior to any change
in the organization of any of the customs revenue functions
of the Department, the Secretary shall notify the Committee
on Appropriations, the Committee on Finance, and the Com-
mittee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Appropriations, the Committee
on Homeland Security, and the Committee on Ways and Means
of the House of Representatives of the specific assets, functions,
or personnel to be transferred as part of such reorganization,
and the reason for such transfer. The notification shall also
include—

(A) an explanation of how trade enforcement functions
will be impacted by the reorganization;

(B) an explanation of how the reorganization meets
the requirements of section 412(b) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 212(b)) that the Department
not diminish the customs revenue and trade facilitation
functions formerly performed by the United States Customs
Service; and

(C) any comments or recommendations provided by
the Commercial Operations Advisory Committee regarding
such reorganization.
(2) ANALYSIS.—Any congressional committee referred to in

paragraph (1) may request that the Commercial Operations
Advisory Committee provide a report to the committee ana-
lyzing the impact of the reorganization and providing any rec-
ommendations for modifying the reorganization.

(3) REPORT.—Not later than 1 year after any reorganization
referred to in paragraph (1) takes place, the Secretary, in

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120 STAT. 1924 PUBLIC LAW 109–347—OCT. 13, 2006

consultation with the Commercial Operations Advisory Com-
mittee, shall submit a report to the Committee on Finance
of the Senate and the Committee on Ways and Means of the
House of Representatives. Such report shall include an assess-
ment of the impact of, and any suggested modifications to,
such reorganization.

SEC. 402. OFFICE OF INTERNATIONAL TRADE; OVERSIGHT.

Section 2 of the Act of March 3, 1927 (44 Stat. 1381, chapter
348; 19 U.S.C. 2072), is amended by adding at the end the following:

‘‘(d) OFFICE OF INTERNATIONAL TRADE.—
‘‘(1) ESTABLISHMENT.—There is established within the

United States Customs and Border Protection an Office of
International Trade that shall be headed by an Assistant
Commissioner.

‘‘(2) TRANSFER OF ASSETS, FUNCTIONS, AND PERSONNEL;
ELIMINATION OF OFFICES.—

‘‘(A) OFFICE OF STRATEGIC TRADE.—
‘‘(i) IN GENERAL.—Not later than 90 days after

the date of the enactment of the SAFE Port Act, the
Commissioner shall transfer the assets, functions, and
personnel of the Office of Strategic Trade to the Office
of International Trade established pursuant to para-
graph (1) and the Office of Strategic Trade shall be
abolished.

‘‘(ii) LIMITATION ON FUNDS.—No funds appro-
priated to the United States Customs and Border
Protection may be used to transfer the assets, func-
tions, or personnel of the Office of Strategic Trade,
to an office other than the office established pursuant
to paragraph (1) of this subsection.
‘‘(B) OFFICE OF REGULATIONS AND RULINGS.—

‘‘(i) IN GENERAL.—Not later than 90 days after
the date of the enactment of the SAFE Port Act, the
Commissioner shall transfer the assets, functions, and
personnel of the Office of Regulations and Rulings
to the Office of International Trade established pursu-
ant to paragraph (1) and the Office of Regulations
and Rulings shall be abolished.

‘‘(ii) LIMITATION ON FUNDS.—No funds appro-
priated to the United States Customs and Border
Protection may be used to transfer the assets, func-
tions, or personnel of the Office of Regulations and
Rulings, to an office other than the office established
pursuant to paragraph (1) of this subsection.
‘‘(C) OTHER TRANSFERS.—The Commissioner is author-

ized to transfer any other assets, functions, or personnel
within the United States Customs and Border Protection
to the Office of International Trade established pursuant
to paragraph (1). Not less than 45 days prior to each
such transfer, the Commissioner shall notify the Committee
on Appropriations, the Committee on Finance, and the
Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Appropriations,
the Committee on Homeland Security, and the Committee
on Ways and Means of the House of Representatives of
the specific assets, functions, or personnel to be transferred,

Notification.

Deadline.
Abolished.

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120 STAT. 1925PUBLIC LAW 109–347—OCT. 13, 2006

and the reason for such transfer. Such notification shall
also include—

‘‘(i) an explanation of how trade enforcement func-
tions will be impacted by the reorganization;

‘‘(ii) an explanation of how the reorganization
meets the requirements of section 412(b) of the Home-
land Security Act of 2002 (6 U.S.C. 212(b)) that the
Department of Homeland Security not diminish the
customs revenue and trade facilitation functions for-
merly performed by the United States Customs Service;
and

‘‘(iii) any comments or recommendations provided
by the Commercial Operations Advisory Committee
regarding such reorganization.
‘‘(D) REPORT.—Not later than 1 year after any reorga-

nization pursuant to subparagraph (C) takes place, the
Commissioner, in consultation with the Commercial Oper-
ations Advisory Committee, shall report to the Committee
on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives. Such report
shall include an assessment of the impact of, and any
suggested modifications to, such reorganization.

‘‘(E) LIMITATION ON AUTHORITY.—Notwithstanding any
other provision of law, the Commissioner shall not transfer
any assets, functions, or personnel from United States ports
of entry, associated with the enforcement of laws relating
to trade in textiles and apparel, to the Office of Inter-
national Trade established pursuant to paragraph (1), until
the following conditions are met:

‘‘(i) The Commissioner submits the initial Resource
Allocation Model required by section 301(h) of the Cus-
toms and Procedural Reform and Simplification Act
of 1978 (19 U.S.C. 2075) and includes in such Resource
Allocation Model a section addressing the allocation
of assets, functions, and personnel associated with the
enforcement of laws relating to trade in textiles and
apparel.

‘‘(ii) The Commissioner consults with the Com-
mittee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives
regarding any subsequent transfer of assets, functions,
or personnel associated with the enforcement of laws
relating to trade in textiles and apparel, not less than
45 days prior to such transfer.
‘‘(F) LIMITATION ON APPROPRIATIONS.—No funds appro-

priated to the United States Customs and Border Protection
may be used to transfer the assets, functions, or personnel
associated with the enforcement of laws relating to trade
in textiles and apparel, before the Commissioner consults
with the congressional committees pursuant to subpara-
graph (E)(ii).

‘‘(e) INTERNATIONAL TRADE COMMITTEE.—
‘‘(1) ESTABLISHMENT.—The Commissioner shall establish

an International Trade Committee, to be chaired by the
Commissioner, and to include the Deputy Commissioner, the
Assistant Commissioner in the Office of Field Operations, the
Assistant Commissioner in the Office of Finance, the Assistant

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120 STAT. 1926 PUBLIC LAW 109–347—OCT. 13, 2006

Commissioner in the Office of International Affairs, the Assist-
ant Commissioner in the Office of International Trade, the
Director of the Office of Trade Relations, and any other official
determined by the Commissioner to be important to the work
of the Committee.

‘‘(2) RESPONSIBILITIES.—The International Trade Com-
mittee shall—

‘‘(A) be responsible for advising the Commissioner with
respect to the commercial customs and trade facilitation
functions of the United States Customs and Border Protec-
tion;

‘‘(B) assist the Commissioner in coordinating with the
Secretary regarding commercial customs and trade facilita-
tion functions; and

‘‘(C) oversee the operation of all programs and systems
that are involved in the assessment and collection of duties,
bonds, and other charges or penalties associated with the
entry of cargo into the United States, or the export of
cargo from the United States, including the administration
of duty drawback and the collection of antidumping and
countervailing duties.
‘‘(3) ANNUAL REPORT.—Not later than 30 days after the

end of each fiscal year, the International Trade Committee
shall submit a report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House
of Representatives. The report shall—

‘‘(A) detail the activities of the International Trade
Committee during the preceding fiscal year; and

‘‘(B) identify the priorities of the International Trade
Committee for the fiscal year in which the report is filed.

‘‘(f) DEFINITION.—In this section:
‘‘(1) COMMISSIONER.—The term ‘Commissioner’ means the

Commissioner responsible for the United States Customs and
Border Protection in the Department of Homeland Security.

‘‘(2) COMMERCIAL OPERATIONS ADVISORY COMMITTEE.—The
term ‘Commercial Operations Advisory Committee’ means the
Advisory Committee established pursuant to section 9503(c)
of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C.
2071 note) or any successor committee.’’.

SEC. 403. RESOURCES.

Section 301 of the Customs Procedural Reform and Simplifica-
tion Act of 1978 (19 U.S.C. 2075) is amended by adding at the
end the following:

‘‘(h) RESOURCE ALLOCATION MODEL.—
‘‘(1) RESOURCE ALLOCATION MODEL.—Not later than June

30, 2007, and every 2 years thereafter, the Commissioner shall
prepare and submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Rep-
resentatives a Resource Allocation Model to determine the
optimal staffing levels required to carry out the commercial
operations of United States Customs and Border Protection,
including commercial inspection and release of cargo and the
revenue functions described in section 412(b)(2) of the Home-
land Security Act of 2002 (6 U.S.C. 212(b)(2)). The Model shall
comply with the requirements of section 412(b)(1) of such Act
and shall take into account previous staffing models, historic

Deadlines.

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120 STAT. 1927PUBLIC LAW 109–347—OCT. 13, 2006

and projected trade volumes, and trends. The Resource Alloca-
tion Model shall apply both risk-based and random sampling
approaches for determining adequate staffing needs for priority
trade functions, including—

‘‘(A) performing revenue functions;
‘‘(B) enforcing antidumping and countervailing duty

laws;
‘‘(C) protecting intellectual property rights;
‘‘(D) enforcing provisions of law relating to trade in

textiles and apparel;
‘‘(E) conducting agricultural inspections;
‘‘(F) enforcing fines, penalties, and forfeitures; and
‘‘(G) facilitating trade.

‘‘(2) PERSONNEL.—
‘‘(A) IN GENERAL.—Not later than September 30, 2007,

the Commissioner shall ensure that the requirements of
section 412(b) of the Homeland Security Act of 2002 (6
U.S.C. 212(b)) are fully satisfied and shall report to the
Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives
regarding the implementation of this subparagraph.

‘‘(B) CUSTOMS AND BORDER PROTECTION OFFICERS.—
The initial Resource Allocation Model required pursuant
to paragraph (1) shall provide for the hiring of a minimum
of 200 additional Customs and Border Protection Officers
per year for each of the fiscal years 2008 through 2012.
The Commissioner shall hire such additional Officers sub-
ject to the appropriation of funds to pay for the salaries
and expenses of such Officers. In assigning the 1,000 addi-
tional Officers authorized by this subparagraph, the
Commissioner shall—

‘‘(i) consider the volume of trade and the incidence
of nonvoluntarily disclosed customs and trade law vio-
lations in addition to security priorities among United
States ports of entry; and

‘‘(ii) before October 1, 2010, assign at least 10
additional Officers among each service port and the
ports of entry serviced by such service port, except
as provided in subparagraph (C).
‘‘(C) ASSIGNMENT.—In assigning such Officers pursuant

to subparagraph (B), the Commissioner shall consult with
the port directors of each service port and the other ports
of entry serviced by such service port. The Commissioner
shall not assign an Officer to a port of entry pursuant
to subparagraph (B)(ii) if the port director of the service
port that services such port of entry certifies to the
Commissioner that an additional Officer is not needed at
such port of entry.

‘‘(D) REPORT.—Not later than 60 days after the begin-
ning of each of the fiscal years 2008 through 2012, the
Commissioner shall submit a report to the Committee on
Finance of the Senate, the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives,
and the Committee on Ways and Means of the House
of Representatives, that describes how the additional Offi-
cers authorized under subparagraph (B) will be allocated

Deadline.
Deadline.
Reports.

Applicability.

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120 STAT. 1928 PUBLIC LAW 109–347—OCT. 13, 2006

among the ports of entry in the United States in accordance
with subparagraph (C).
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In addition to

any monies hereafter appropriated to United States Customs
and Border Protection in the Department of Homeland Security,
there are authorized to be appropriated for the purpose of
meeting the requirements of paragraph (2)(B), to remain avail-
able until expended—

‘‘(A) $36,000,000 for fiscal year 2008;
‘‘(B) $75,000,000 for fiscal year 2009;
‘‘(C) $118,000,000 for fiscal year 2010;
‘‘(D) $165,000,000 for fiscal year 2011; and
‘‘(E) $217,000,000 for fiscal year 2012.

‘‘(4) REPORT.—Not later than 30 days after the end of
each fiscal year, the Commissioner shall report to the Com-
mittee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives on the resources
directed to commercial and trade facilitation functions within
the Office of Field Operations for the preceding fiscal year.
Such information shall be reported for each category of per-
sonnel within the Office of Field Operations.

‘‘(5) REGULATIONS TO IMPLEMENT TRADE AGREEMENTS.—Not
later than 30 days after the date of the enactment of the
SAFE Port Act, the Commissioner shall designate and maintain
not less than 5 attorneys within the Office of International
Trade established pursuant to section 2 of the Act of March
3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072), with
responsibility for the prompt development and promulgation
of regulations necessary to implement any trade agreement
entered into by the United States, in addition to any other
responsibilities assigned by the Commissioner.

‘‘(6) DEFINITION.—In this subsection, the term ‘Commis-
sioner’ means the Commissioner responsible for United States
Customs and Border Protection in the Department of Homeland
Security.’’.

SEC. 404. NEGOTIATIONS.

Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) is
amended by adding at the end the following:

‘‘(h) CUSTOMS PROCEDURES AND COMMITMENTS.—
‘‘(1) IN GENERAL.—The Secretary of Homeland Security,

the United States Trade Representative, and other appropriate
Federal officials shall work through appropriate international
organizations including the World Customs Organization
(WCO), the World Trade Organization (WTO), the International
Maritime Organization, and the Asia-Pacific Economic Coopera-
tion, to align, to the extent practicable, customs procedures,
standards, requirements, and commitments in order to facilitate
the efficient flow of international trade.

‘‘(2) UNITED STATES TRADE REPRESENTATIVE.—
‘‘(A) IN GENERAL.—The United States Trade Represent-

ative shall seek commitments in negotiations in the WTO
regarding the articles of GATT 1994 that are described
in subparagraph (B) that make progress in achieving—

‘‘(i) harmonization of import and export data col-
lected by WTO members for customs purposes, to the
extent practicable;

Deadline.

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120 STAT. 1929PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(ii) enhanced procedural fairness and trans-
parency with respect to the regulation of imports and
exports by WTO members;

‘‘(iii) transparent standards for the efficient release
of cargo by WTO members, to the extent practicable;
and

‘‘(iv) the protection of confidential commercial data.
‘‘(B) ARTICLES DESCRIBED.—The articles of the GATT

1994 described in this subparagraph are the following:
‘‘(i) Article V (relating to transit).
‘‘(ii) Article VIII (relating to fees and formalities

associated with importation and exportation).
‘‘(iii) Article X (relating to publication and adminis-

tration of trade regulations).
‘‘(C) GATT 1994.—The term ‘GATT 1994’ means the

General Agreement on Tariff and Trade annexed to the
WTO Agreement.
‘‘(3) CUSTOMS.—The Secretary of Homeland Security, acting

through the Commissioner and in consultation with the United
States Trade Representative, shall work with the WCO to facili-
tate the efficient flow of international trade, taking into account
existing international agreements and the negotiating objec-
tives of the WTO. The Commissioner shall work to—

‘‘(A) harmonize, to the extent practicable, import data
collected by WCO members for customs purposes;

‘‘(B) automate and harmonize, to the extent practicable,
the collection and storage of commercial data by WCO
members;

‘‘(C) develop, to the extent practicable, transparent
standards for the release of cargo by WCO members;

‘‘(D) develop and harmonize, to the extent practicable,
standards, technologies, and protocols for physical or non-
intrusive examinations that will facilitate the efficient flow
of international trade; and

‘‘(E) ensure the protection of confidential commercial
data.
‘‘(4) DEFINITION.—In this subsection, the term ‘Commis-

sioner’ means the Commissioner responsible for the United
States Customs and Border Protection in the Department of
Homeland Security.’’.

SEC. 405. INTERNATIONAL TRADE DATA SYSTEM.

Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is
amended by adding at the end the following:

‘‘(d) INTERNATIONAL TRADE DATA SYSTEM.—
‘‘(1) ESTABLISHMENT.—

‘‘(A) IN GENERAL.—The Secretary of the Treasury (in
this subsection, referred to as the ‘Secretary’) shall oversee
the establishment of an electronic trade data interchange
system to be known as the ‘International Trade Data
System’ (ITDS). The ITDS shall be implemented not later
than the date that the Automated Commercial Environ-
ment (commonly referred to as ‘ACE’) is fully implemented.

‘‘(B) PURPOSE.—The purpose of the ITDS is to eliminate
redundant information requirements, to efficiently regulate
the flow of commerce, and to effectively enforce laws and
regulations relating to international trade, by establishing

Deadline.

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120 STAT. 1930 PUBLIC LAW 109–347—OCT. 13, 2006

a single portal system, operated by the United States Cus-
toms and Border Protection, for the collection and distribu-
tion of standard electronic import and export data required
by all participating Federal agencies.

‘‘(C) PARTICIPATION.—
‘‘(i) IN GENERAL.—All Federal agencies that require

documentation for clearing or licensing the importation
and exportation of cargo shall participate in the ITDS.

‘‘(ii) WAIVER.—The Director of the Office of
Management and Budget may waive, in whole or in
part, the requirement for participation for any Federal
agency based on the vital national interest of the
United States.
‘‘(D) CONSULTATION.—The Secretary shall consult with

and assist the United States Customs and Border Protec-
tion and other agencies in the transition from paper to
electronic format for the submission, issuance, and storage
of documents relating to data required to enter cargo into
the United States. In so doing, the Secretary shall also
consult with private sector stakeholders, including the
Commercial Operations Advisory Committee, in developing
uniform data submission requirements, procedures, and
schedules, for the ITDS.

‘‘(E) COORDINATION.—The Secretary shall be respon-
sible for coordinating the operation of the ITDS among
the participating agencies and the office within the United
States Customs and Border Protection that is responsible
for maintaining the ITDS.
‘‘(2) DATA ELEMENTS.—

‘‘(A) IN GENERAL.—The Interagency Steering Com-
mittee (established under paragraph (3)) shall, in consulta-
tion with the agencies participating in the ITDS, define
the standard set of data elements to be collected, stored,
and shared in the ITDS, consistent with laws applicable
to the collection and protection of import and export
information. The Interagency Steering Committee shall
periodically review the data elements in order to update
the standard set of data elements, as necessary.

‘‘(B) COMMITMENTS AND OBLIGATIONS.—The Inter-
agency Steering Committee shall ensure that the ITDS
data requirements are compatible with the commitments
and obligations of the United States as a member of the
World Customs Organization (WCO) and the World Trade
Organization (WTO) for the entry and movement of cargo.
‘‘(3) INTERAGENCY STEERING COMMITTEE.—There is estab-

lished an Interagency Steering Committee (in this section,
referred to as the ‘Committee’). The members of the Committee
shall include the Secretary (who shall serve as the chairperson
of the Committee), the Director of the Office of Management
and Budget, and the head of each agency participating in
the ITDS. The Committee shall assist the Secretary in over-
seeing the implementation of, and participation in, the ITDS.

‘‘(4) REPORT.—The President shall submit a report before
the end of each fiscal year to the Committee on Finance of
the Senate and the Committee on Ways and Means of the
House of Representatives. Each report shall include information
on—

President.

Estabishment.

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120 STAT. 1931PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(A) the status of the ITDS implementation;
‘‘(B) the extent of participation in the ITDS by Federal

agencies;
‘‘(C) the remaining barriers to any agency’s participa-

tion;
‘‘(D) the consistency of the ITDS with applicable stand-

ards established by the World Customs Organization and
the World Trade Organization;

‘‘(E) recommendations for technological and other
improvements to the ITDS; and

‘‘(F) the status of the development, implementation,
and management of the Automated Commercial Environ-
ment within the United States Customs and Border Protec-
tion.
‘‘(5) SENSE OF CONGRESS.—It is the sense of Congress that

agency participation in the ITDS is an important priority of
the Federal Government and that the Secretary shall coordinate
the operation of the ITDS closely among the participating agen-
cies and the office within the United States Customs and Border
Protection that is responsible for maintaining the ITDS.

‘‘(6) CONSTRUCTION.—Nothing in this section shall be con-
strued as amending or modifying subsection (g) of section 301
of title 13, United States Code.

‘‘(7) DEFINITION.—The term ‘Commercial Operations
Advisory Committee’ means the Advisory Committee estab-
lished pursuant to section 9503(c) of the Omnibus Budget Rec-
onciliation Act of 1987 (19 U.S.C. 2071 note) or any successor
committee.’’.

SEC. 406. IN-BOND CARGO.

Title IV of the Tariff Act of 1930 is amended by inserting
after section 553 the following:

‘‘SEC. 553A. REPORT ON IN-BOND CARGO.

‘‘(a) REPORT.—Not later than June 30, 2007, the Commissioner
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Finance of
the Senate, the Committee on Homeland Security and Govern-
mental Affairs of the Senate, the Committee on Homeland Security
of the House of Representatives, the Committee on Transportation
and Infrastructure of the House of Representatives, and the Com-
mittee on Ways and Means of the House of Representatives that
includes—

‘‘(1) a plan for closing in-bond entries at the port of arrival;
‘‘(2) an assessment of the personnel required to ensure

100 percent reconciliation of in-bond entries between the port
of arrival and the port of destination or exportation;

‘‘(3) an assessment of the status of investigations of overdue
in-bond shipments and an evaluation of the resources required
to ensure adequate investigation of overdue in-bond shipments;

‘‘(4) a plan for tracking in-bond cargo within the Automated
Commercial Environment (ACE);

‘‘(5) an assessment of whether any particular technologies
should be required in the transport of in-bond cargo;

‘‘(6) an assessment of whether ports of arrival should
require any additional information regarding shipments of in-
bond cargo;

19 USC 1553–1.

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120 STAT. 1932 PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(7) an evaluation of the criteria for targeting and exam-
ining in-bond cargo; and

‘‘(8) an assessment of the feasibility of reducing the transit
time for in-bond shipments, including an assessment of the
impact of such a change on domestic and international trade.
‘‘(b) DEFINITION.—In this section, the term ‘Commissioner’

means the Commissioner responsible for the United States Customs
and Border Protection in the Department of Homeland Security.’’.
SEC. 407. SENSE OF THE SENATE.

It is the sense of the Senate that nothing in sections 111
through 114, 121, and 201 through 236, or the amendments made
by such sections, shall be construed to affect the jurisdiction of
any Standing Committee of the Senate.

TITLE V—DOMESTIC NUCLEAR
DETECTION OFFICE

SEC. 501. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION
OFFICE.

(a) ESTABLISHMENT OF OFFICE.—The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end
the following:

‘‘TITLE XVIII—DOMESTIC NUCLEAR
DETECTION OFFICE

‘‘SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.

‘‘(a) ESTABLISHMENT.—There shall be established in the Depart-
ment a Domestic Nuclear Detection Office (referred to in this title
as the ‘Office’). The Secretary may request that the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Attorney General, the Nuclear Regulatory Commission, and the
directors of other Federal agencies, including elements of the Intel-
ligence Community, provide for the reimbursable detail of personnel
with relevant expertise to the Office.

‘‘(b) DIRECTOR.—The Office shall be headed by a Director for
Domestic Nuclear Detection, who shall be appointed by the Presi-
dent.
‘‘SEC. 1802. MISSION OF OFFICE.

‘‘(a) MISSION.—The Office shall be responsible for coordinating
Federal efforts to detect and protect against the unauthorized
importation, possession, storage, transportation, development, or
use of a nuclear explosive device, fissile material, or radiological
material in the United States, and to protect against attack using
such devices or materials against the people, territory, or interests
of the United States and, to this end, shall—

‘‘(1) serve as the primary entity of the United States
Government to further develop, acquire, and support the deploy-
ment of an enhanced domestic system to detect and report
on attempts to import, possess, store, transport, develop, or
use an unauthorized nuclear explosive device, fissile material,
or radiological material in the United States, and improve
that system over time;

6 USC 592.

President.

6 USC 591.

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120 STAT. 1933PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(2) enhance and coordinate the nuclear detection efforts
of Federal, State, local, and tribal governments and the private
sector to ensure a managed, coordinated response;

‘‘(3) establish, with the approval of the Secretary and in
coordination with the Attorney General, the Secretary of
Defense, and the Secretary of Energy, additional protocols and
procedures for use within the United States to ensure that
the detection of unauthorized nuclear explosive devices, fissile
material, or radiological material is promptly reported to the
Attorney General, the Secretary, the Secretary of Defense, the
Secretary of Energy, and other appropriate officials or their
respective designees for appropriate action by law enforcement,
military, emergency response, or other authorities;

‘‘(4) develop, with the approval of the Secretary and in
coordination with the Attorney General, the Secretary of State,
the Secretary of Defense, and the Secretary of Energy, an
enhanced global nuclear detection architecture with
implementation under which—

‘‘(A) the Office will be responsible for the implementa-
tion of the domestic portion of the global architecture;

‘‘(B) the Secretary of Defense will retain responsibility
for implementation of Department of Defense requirements
within and outside the United States; and

‘‘(C) the Secretary of State, the Secretary of Defense,
and the Secretary of Energy will maintain their respective
responsibilities for policy guidance and implementation of
the portion of the global architecture outside the United
States, which will be implemented consistent with
applicable law and relevant international arrangements;
‘‘(5) ensure that the expertise necessary to accurately inter-

pret detection data is made available in a timely manner for
all technology deployed by the Office to implement the global
nuclear detection architecture;

‘‘(6) conduct, support, coordinate, and encourage an aggres-
sive, expedited, evolutionary, and transformational program of
research and development to generate and improve technologies
to detect and prevent the illicit entry, transport, assembly,
or potential use within the United States of a nuclear explosive
device or fissile or radiological material, and coordinate with
the Under Secretary for Science and Technology on basic and
advanced or transformational research and development efforts
relevant to the mission of both organizations;

‘‘(7) carry out a program to test and evaluate technology
for detecting a nuclear explosive device and fissile or radio-
logical material, in coordination with the Secretary of Defense
and the Secretary of Energy, as appropriate, and establish
performance metrics for evaluating the effectiveness of indi-
vidual detectors and detection systems in detecting such devices
or material—

‘‘(A) under realistic operational and environmental
conditions; and

‘‘(B) against realistic adversary tactics and counter-
measures;
‘‘(8) support and enhance the effective sharing and use

of appropriate information generated by the intelligence
community, law enforcement agencies, counterterrorism

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120 STAT. 1934 PUBLIC LAW 109–347—OCT. 13, 2006

community, other government agencies, and foreign govern-
ments, as well as provide appropriate information to such enti-
ties;

‘‘(9) further enhance and maintain continuous awareness
by analyzing information from all Office mission-related detec-
tion systems; and

‘‘(10) perform other duties as assigned by the Secretary.

‘‘SEC. 1803. HIRING AUTHORITY.

‘‘In hiring personnel for the Office, the Secretary shall have
the hiring and management authorities provided in section 1101
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments
for employees under subsection (c)(1) of such section may not exceed
5 years before granting any extension under subsection (c)(2) of
such section.

‘‘SEC. 1804. TESTING AUTHORITY.

‘‘(a) IN GENERAL.—The Director shall coordinate with the
responsible Federal agency or other entity to facilitate the use
by the Office, by its contractors, or by other persons or entities,
of existing Government laboratories, centers, ranges, or other
testing facilities for the testing of materials, equipment, models,
computer software, and other items as may be related to the mis-
sions identified in section 1802. Any such use of Government facili-
ties shall be carried out in accordance with all applicable laws,
regulations, and contractual provisions, including those governing
security, safety, and environmental protection, including, when
applicable, the provisions of section 309. The Office may direct
that private sector entities utilizing Government facilities in accord-
ance with this section pay an appropriate fee to the agency that
owns or operates those facilities to defray additional costs to the
Government resulting from such use.

‘‘(b) CONFIDENTIALITY OF TEST RESULTS.—The results of tests
performed with services made available shall be confidential and
shall not be disclosed outside the Federal Government without
the consent of the persons for whom the tests are performed.

‘‘(c) FEES.—Fees for services made available under this section
shall not exceed the amount necessary to recoup the direct and
indirect costs involved, such as direct costs of utilities, contractor
support, and salaries of personnel that are incurred by the United
States to provide for the testing.

‘‘(d) USE OF FEES.—Fees received for services made available
under this section may be credited to the appropriation from which
funds were expended to provide such services.

‘‘SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.

‘‘The authority of the Director under this title shall not affect
the authorities or responsibilities of any officer of the Department
or of any officer of any other department or agency of the United
States with respect to the command, control, or direction of the
functions, personnel, funds, assets, and liabilities of any entity
within the Department or any Federal department or agency.

6 USC 595.

6 USC 594.

6 USC 593.

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120 STAT. 1935PUBLIC LAW 109–347—OCT. 13, 2006

‘‘SEC. 1806. CONTRACTING AND GRANT MAKING AUTHORITIES.

‘‘The Secretary, acting through the Director for Domestic
Nuclear Detection, in carrying out the responsibilities under para-
graphs (6) and (7) of section 1802(a), shall—

‘‘(1) operate extramural and intramural programs and dis-
tribute funds through grants, cooperative agreements, and
other transactions and contracts;

‘‘(2) ensure that activities under paragraphs (6) and (7)
of section 1802(a) include investigations of radiation detection
equipment in configurations suitable for deployment at sea-
ports, which may include underwater or water surface detection
equipment and detection equipment that can be mounted on
cranes and straddle cars used to move shipping containers;
and

‘‘(3) have the authority to establish or contract with 1
or more federally funded research and development centers
to provide independent analysis of homeland security issues
and carry out other responsibilities under this title.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—The Home-

land Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—
(1) in section 103(d) (6 U.S.C. 113(d)), by adding at the

end the following:
‘‘(5) A Director for Domestic Nuclear Detection.’’;
(2) in section 302 (6 U.S.C. 182)—

(A) in paragraph (2), by striking ‘‘radiological, nuclear’’;
and

(B) in paragraph (5)(A), by striking ‘‘radiological,
nuclear’’; and
(3) in the table of contents, by adding at the end the

following:
‘‘TITLE XVIII—DOMESTIC NUCLEAR DETECTION OFFICE

‘‘Sec. 1801. Domestic Nuclear Detection Office.
‘‘Sec. 1802. Mission of Office.
‘‘Sec. 1803. Hiring authority.
‘‘Sec. 1804. Testing authority.
‘‘Sec. 1805. Relationship to other Department entities and Federal agencies.
‘‘Sec. 1806. Contracting and grant making authorities.’’.

SEC. 502. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT
STRATEGY FOR NUCLEAR AND RADIOLOGICAL DETEC-
TION.

(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Secretary, the Secretary of Energy,
the Secretary of Defense, and the Director of National Intelligence
shall submit to Congress a research and development investment
strategy for nuclear and radiological detection.

(b) CONTENTS.—The strategy under subsection (a) shall
include—

(1) a long term technology roadmap for nuclear and radio-
logical detection applicable to the mission needs of the Depart-
ment, the Department of Energy, the Department of Defense,
and the Office of the Director of National Intelligence;

(2) budget requirements necessary to meet the roadmap;
and

(3) documentation of how the Department, the Department
of Energy, the Department of Defense, and the Office of the
Director of National Intelligence will execute this strategy.

Deadline.

6 USC 592a.

6 USC 596.

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120 STAT. 1936 PUBLIC LAW 109–347—OCT. 13, 2006

(c) INITIAL REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a report
to the appropriate congressional committees on—

(1) the impact of this title, and the amendments made
by this title, on the responsibilities under section 302 of the
Homeland Security Act of 2002 (6 U.S.C. 182); and

(2) the efforts of the Department to coordinate, integrate,
and establish priorities for conducting all basic and applied
research, development, testing, and evaluation of technology
and systems to detect, prevent, protect, and respond to chem-
ical, biological, radiological, and nuclear terrorist attacks.
(d) ANNUAL REPORT.—The Director for Domestic Nuclear Detec-

tion and the Under Secretary for Science and Technology shall
jointly and annually notify Congress that the strategy and tech-
nology road map for nuclear and radiological detection developed
under subsections (a) and (b) is consistent with the national policy
and strategic plan for identifying priorities, goals, objectives, and
policies for coordinating the Federal Government’s civilian efforts
to identify and develop countermeasures to terrorist threats from
weapons of mass destruction that are required under section 302(2)
of the Homeland Security Act of 2002 (6 U.S.C. 182(2)).

TITLE VI—COMMERCIAL MOBILE
SERVICE ALERTS

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Warning, Alert, and Response
Network Act’’.
SEC. 602. FEDERAL COMMUNICATIONS COMMISSION DUTIES.

(a) COMMERCIAL MOBILE SERVICE ALERT REGULATIONS.—
Within 180 days after the date on which the Commercial Mobile
Service Alert Advisory Committee, established pursuant to section
603(a), transmits recommendations to the Federal Communications
Commission, the Commission shall complete a proceeding to adopt
relevant technical standards, protocols, procedures, and other tech-
nical requirements based on the recommendations of such Advisory
Committee necessary to enable commercial mobile service alerting
capability for commercial mobile service providers that voluntarily
elect to transmit emergency alerts. The Commission shall consult
with the National Institute of Standards and Technology regarding
the adoption of technical standards under this subsection.

(b) COMMERCIAL MOBILE SERVICE ELECTION.—
(1) AMENDMENT OF COMMERCIAL MOBILE SERVICE

LICENSE.—Within 120 days after the date on which the Federal
Communications Commission adopts relevant technical stand-
ards and other technical requirements pursuant to subsection
(a), the Commission shall complete a proceeding—

(A) to allow any licensee providing commercial mobile
service (as defined in section 332(d)(1) of the Communica-
tions Act of 1934 (47 U.S.C. 332(d)(1))) to transmit emer-
gency alerts to subscribers to, or users of, the commercial
mobile service provided by such licensee;

(B) to require any licensee providing commercial mobile
service that elects, in whole or in part, under paragraph
(2) not to transmit emergency alerts to provide clear and

Deadline.
Deadline.

42 USC 1201.

42 USC 1201
note.

Warning, Alert,
and Response
Network Act.

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120 STAT. 1937PUBLIC LAW 109–347—OCT. 13, 2006

conspicuous notice at the point of sale of any devices with
which its commercial mobile service is included, that it
will not transmit such alerts via the service it provides
for the device; and

(C) to require any licensee providing commercial mobile
service that elects under paragraph (2) not to transmit
emergency alerts to notify its existing subscribers of its
election.
(2) ELECTION.—

(A) IN GENERAL.—Within 30 days after the Commission
issues its order under paragraph (1), each licensee pro-
viding commercial mobile service shall file an election with
the Commission with respect to whether or not it intends
to transmit emergency alerts.

(B) TRANSMISSION STANDARDS; NOTIFICATION.—If a
licensee providing commercial mobile service elects to
transmit emergency alerts via its commercial mobile
service, the licensee shall—

(i) notify the Commission of its election; and
(ii) agree to transmit such alerts in a manner

consistent with the technical standards, protocols,
procedures, and other technical requirements imple-
mented by the Commission.
(C) NO FEE FOR SERVICE.—A commercial mobile service

licensee that elects to transmit emergency alerts may not
impose a separate or additional charge for such trans-
mission or capability.

(D) WITHDRAWAL; LATE ELECTION.—The Commission
shall establish a procedure—

(i) for a commercial mobile service licensee that
has elected to transmit emergency alerts to withdraw
its election without regulatory penalty or forfeiture
upon advance written notification of the withdrawal
to its affected subscribers;

(ii) for a commercial mobile service licensee to
elect to transmit emergency alerts at a date later than
provided in subparagraph (A); and

(iii) under which a subscriber may terminate a
subscription to service provided by a commercial mobile
service licensee that withdraws its election without
penalty or early termination fee.
(E) CONSUMER CHOICE TECHNOLOGY.—Any commercial

mobile service licensee electing to transmit emergency
alerts may offer subscribers the capability of preventing
the subscriber’s device from receiving such alerts, or classes
of such alerts, other than an alert issued by the President.
Within 2 years after the Commission completes the pro-
ceeding under paragraph (1), the Commission shall
examine the issue of whether a commercial mobile service
provider should continue to be permitted to offer its sub-
scribers such capability. The Commission shall submit a
report with its recommendations to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Rep-
resentatives.

Reports.
Deadline.
Procedures.
Deadline.

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120 STAT. 1938 PUBLIC LAW 109–347—OCT. 13, 2006

(c) DIGITAL TELEVISION TRANSMISSION TOWERS RETRANSMISSION
CAPABILITY.—Within 90 days after the date on which the Commis-
sion adopts relevant technical standards based on recommendations
of the Commercial Mobile Service Alert Advisory Committee, estab-
lished pursuant to section 603(a), the Commission shall complete
a proceeding to require licensees and permittees of noncommercial
educational broadcast stations or public broadcast stations (as those
terms are defined in section 397(6) of the Communications Act
of 1934 (47 U.S.C. 397(6))) to install necessary equipment and
technologies on, or as part of, any broadcast television digital signal
transmitter to enable the distribution of geographically targeted
alerts by commercial mobile service providers that have elected
to transmit emergency alerts under this section.

(d) FCC REGULATION OF COMPLIANCE.—The Federal Commu-
nications Commission may enforce compliance with this title but
shall have no rulemaking authority under this title, except as
provided in subsections (a), (b), (c), and (f).

(e) LIMITATION OF LIABILITY.—
(1) IN GENERAL.—Any commercial mobile service provider

(including its officers, directors, employees, vendors, and agents)
that transmits emergency alerts and meets its obligations under
this title shall not be liable to any subscriber to, or user
of, such person’s service or equipment for—

(A) any act or omission related to or any harm resulting
from the transmission of, or failure to transmit, an emer-
gency alert; or

(B) the release to a government agency or entity, public
safety, fire service, law enforcement official, emergency
medical service, or emergency facility of subscriber informa-
tion used in connection with delivering such an alert.
(2) ELECTION NOT TO TRANSMIT ALERTS.—The election by

a commercial mobile service provider under subsection (b)(2)(A)
not to transmit emergency alerts, or to withdraw its election
to transmit such alerts under subsection (b)(2)(D) shall not,
by itself, provide a basis for liability against the provider
(including its officers, directors, employees, vendors, and
agents).
(f) TESTING.—The Commission shall require by regulation tech-

nical testing for commercial mobile service providers that elect
to transmit emergency alerts and for the devices and equipment
used by such providers for transmitting such alerts.

SEC. 603. COMMERCIAL MOBILE SERVICE ALERT ADVISORY COM-
MITTEE.

(a) ESTABLISHMENT.—Not later than 60 days after the date
of enactment of this Act, the chairman of the Federal Communica-
tions Commission shall establish an advisory committee, to be
known as the Commercial Mobile Service Alert Advisory Committee
(referred to in this section as the ‘‘Advisory Committee’’).

(b) MEMBERSHIP.—The chairman of the Federal Communica-
tions Commission shall appoint the members of the Advisory Com-
mittee, as soon as practicable after the date of enactment of this
Act, from the following groups:

(1) STATE AND LOCAL GOVERNMENT REPRESENTATIVES.—
Representatives of State and local governments and representa-
tives of emergency response providers, selected from among

Deadline.

47 USC 1202.

Regulations.
Deadline.

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120 STAT. 1939PUBLIC LAW 109–347—OCT. 13, 2006

individuals nominated by national organizations representing
such governments and personnel.

(2) TRIBAL GOVERNMENTS.—Representatives from Federally
recognized Indian tribes and National Indian organizations.

(3) SUBJECT MATTER EXPERTS.—Individuals who have the
requisite technical knowledge and expertise to serve on the
Advisory Committee in the fulfillment of its duties, including
representatives of—

(A) communications service providers;
(B) vendors, developers, and manufacturers of systems,

facilities, equipment, and capabilities for the provision of
communications services;

(C) third-party service bureaus;
(D) technical experts from the broadcasting industry;
(E) the national organization representing the licensees

and permittees of noncommercial broadcast television sta-
tions;

(F) national organizations representing individuals
with special needs, including individuals with disabilities
and the elderly; and

(G) other individuals with relevant technical expertise.
(4) QUALIFIED REPRESENTATIVES OF OTHER STAKEHOLDERS

AND INTERESTED PARTIES.—Qualified representatives of such
other stakeholders and interested and affected parties as the
chairman deems appropriate.
(c) DEVELOPMENT OF SYSTEM-CRITICAL RECOMMENDATIONS.—

Within 1 year 1after the date of enactment of this Act, the Advisory
Committee shall develop and submit to the Federal Communications
Commission recommendations—

(1) for protocols, technical capabilities, and technical proce-
dures through which electing commercial mobile service pro-
viders receive, verify, and transmit alerts to subscribers;

(2) for the establishment of technical standards for priority
transmission of alerts by electing commercial mobile service
providers to subscribers;

(3) for relevant technical standards for devices and equip-
ment and technologies used by electing commercial mobile
service providers to transmit emergency alerts to subscribers;

(4) for the technical capability to transmit emergency alerts
by electing commercial mobile providers to subscribers in lan-
guages in addition to English, to the extent practicable and
feasible;

(5) under which electing commercial mobile service pro-
viders may offer subscribers the capability of preventing the
subscriber’s device from receiving emergency alerts, or classes
of such alerts, (other than an alert issued by the President),
consistent with section 602(b)(2)(E);

(6) for a process under which commercial mobile service
providers can elect to transmit emergency alerts if—

(A) not all of the devices or equipment used by such
provider are capable of receiving such alerts; or

(B) the provider cannot offer such alerts throughout
the entirety of its service area; and
(7) as otherwise necessary to enable electing commercial

mobile service providers to transmit emergency alerts to sub-
scribers.
(d) MEETINGS.—

Deadline.

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120 STAT. 1940 PUBLIC LAW 109–347—OCT. 13, 2006

(1) INITIAL MEETING.—The initial meeting of the Advisory
Committee shall take place not later than 60 days after the
date of the enactment of this Act.

(2) OTHER MEETINGS.—After the initial meeting, the
Advisory Committee shall meet at the call of the chair.

(3) NOTICE; OPEN MEETINGS.—Any meetings held by the
Advisory Committee shall be duly noticed at least 14 days
in advance and shall be open to the public.
(e) RULES.—

(1) QUORUM.—One-third of the members of the Advisory
Committee shall constitute a quorum for conducting business
of the Advisory Committee.

(2) SUBCOMMITTEES.—To assist the Advisory Committee
in carrying out its functions, the chair may establish appro-
priate subcommittees composed of members of the Advisory
Committee and other subject matter experts as deemed nec-
essary.

(3) ADDITIONAL RULES.—The Advisory Committee may
adopt other rules as needed.
(f) FEDERAL ADVISORY COMMITTEE ACT.—Neither the Federal

Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act shall apply to the Advisory
Committee.

(g) CONSULTATION WITH NIST.—The Advisory Committee shall
consult with the National Institute of Standards and Technology
in its work on developing recommendations under paragraphs (2)
and (3) of subsection (c).
SEC. 604. RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—The Under Secretary of Homeland Security
for Science and Technology, in consultation with the director of
the National Institute of Standards and Technology and the chair-
man of the Federal Communications Commission, shall establish
a research, development, testing, and evaluation program based
on the recommendations of the Commercial Mobile Service Alert
Advisory Committee, established pursuant to section 603(a), to sup-
port the development of technologies to increase the number of
commercial mobile service devices that can receive emergency alerts.

(b) FUNCTIONS.—The program established under subsection (a)
shall—

(1) fund research, development, testing, and evaluation
at academic institutions, private sector entities, government
laboratories, and other appropriate entities; and

(2) ensure that the program addresses, at a minimum—
(A) developing innovative technologies that will

transmit geographically targeted emergency alerts to the
public; and

(B) research on understanding and improving public
response to warnings.

SEC. 605. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYS-
TEMS.

(a) GRANT PROGRAM.—The Under Secretary of Commerce for
Oceans and Atmosphere, in consultation with the Secretary of
Homeland Security, shall establish a program under which grants
may be made to provide for outdoor alerting technologies in remote
communities effectively unserved by commercial mobile service (as
determined by the Federal Communications Commission within

Deadline.

47 USC 1204.

47 USC 1203.

Deadline.

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120 STAT. 1941PUBLIC LAW 109–347—OCT. 13, 2006

180 days after the date of enactment of this Act) for the purpose
of enabling residents of those communities to receive emergency
alerts.

(b) APPLICATIONS AND CONDITIONS.—In conducting the program,
the Under Secretary—

(1) shall establish a notification and application procedure;
and

(2) may establish such conditions, and require such assur-
ances, as may be appropriate to ensure the efficiency and
integrity of the grant program.
(c) SUNSET.—The Under Secretary may not make grants under

subsection (a) more than 5 years after the date of enactment of
this Act.

(d) LIMITATION.—The sum of the amounts awarded for all fiscal
years as grants under this section may not exceed $10,000,000.

SEC. 606. FUNDING.

(a) IN GENERAL.—In addition to any amounts provided by
appropriation Acts, funding for this title shall be provided from
the Digital Transition and Public Safety Fund in accordance with
section 3010 of the Digital Television Transition and Public Safety
Act of 2005 (47 U.S.C. 309 note).

(b) COMPENSATION.—The Assistant Secretary of Commerce
for7Communications and Information shall compensate any such
broadcast station licensee or permittee for reasonable costs incurred
in complying with the requirements imposed pursuant to section
602(c) from funds made available under this section. The Assistant
Secretary shall ensure that sufficient funds are made available
to effectuate geographically targeted alerts.

(c) CREDIT.—The Assistant Secretary of Commerce for Commu-
nications and Information, in consultation with the Under Secretary
of Homeland Security for Science and Technology and the Under
Secretary of Commerce for Oceans and Atmosphere, may borrow
from the Treasury beginning on October 1, 2006, such sums as
may be necessary, but not to exceed $106,000,000, to implement
this title. The Assistant Secretary of Commerce for Communications
and Information shall ensure that the Under Secretary of Homeland
Security for Science and Technology and the Under Secretary of
Commerce for Oceans and Atmosphere are provided adequate funds
to carry out their responsibilities under sections 604 and 605 of
this title. The Treasury shall be reimbursed, without interest, from
amounts in the Digital Television Transition and Public Safety
Fund as funds are deposited into the Fund.

SEC. 607. ESSENTIAL SERVICES DISASTER ASSISTANCE.

Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding
at the end the following:

‘‘SEC. 425. ESSENTIAL SERVICE PROVIDERS.

‘‘(a) DEFINITION.—In this section, the term ‘essential service
provider’ means an entity that—

‘‘(1) provides—
‘‘(A) telecommunications service;
‘‘(B) electrical power;
‘‘(C) natural gas;
‘‘(D) water and sewer services; or

42 USC 5189e.

Reimbursement.

Effective date.

47 USC 1205.

Procedures.

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120 STAT. 1942 PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(E) any other essential service, as determined by the
President;
‘‘(2) is—

‘‘(A) a municipal entity;
‘‘(B) a nonprofit entity; or
‘‘(C) a private, for profit entity; and

‘‘(3) is contributing to efforts to respond to an emergency
or major disaster.
‘‘(b) AUTHORIZATION FOR ACCESSIBILITY.—Unless exceptional

circumstances apply, in an emergency or major disaster, the head
of a Federal agency, to the greatest extent practicable, shall not—

‘‘(1) deny or impede access to the disaster site to an essen-
tial service provider whose access is necessary to restore and
repair an essential service; or

‘‘(2) impede the restoration or repair of the services
described in subsection (a)(1).
‘‘(c) IMPLEMENTATION.—In implementing this section, the head

of a Federal agency shall follow all applicable Federal laws, regula-
tions, and policies.’’.

SEC. 608. COMMUNITY DISASTER LOANS.

Section 417(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184(b)) is amended—

(1) by striking ‘‘exceed 25 per centum’’ and inserting the
following: ‘‘exceed—

‘‘(1) 25 percent’’; and
(2) by striking the period at the end and inserting the

following: ‘‘; or
‘‘(2) if the loss of tax and other revenues of the local

government as a result of the major disaster is at least 75
percent of the annual operating budget of that local government
for the fiscal year in which the major disaster occurs, 50 percent
of the annual operating budget of that local government for
the fiscal year in which the major disaster occurs, and shall
not exceed $5,000,000.’’.

SEC. 609. PUBLIC FACILITIES.

Section 406(c)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(c)(1)) is amended—

(1) in subparagraph (A), by striking ‘‘75’’ and inserting
‘‘90’’;

(2) by striking subparagraph (B); and
(3) by redesignating subparagraphs (C) and (D) as subpara-

graphs (B) and (C), respectively.

SEC. 610. EXPEDITED PAYMENTS.

Section 407 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5173) is amended by adding at
the end the following:

‘‘(e) EXPEDITED PAYMENTS.—
‘‘(1) GRANT ASSISTANCE.—In making a grant under sub-

section (a)(2), the President shall provide not less than 50
percent of the President’s initial estimate of the Federal share
of assistance as an initial payment in accordance with para-
graph (2).

‘‘(2) DATE OF PAYMENT.—Not later than 60 days after the
date of the estimate described in paragraph (1) and not later

Deadlines.
President.

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120 STAT. 1943PUBLIC LAW 109–347—OCT. 13, 2006

than 90 days after the date on which the State or local govern-
ment or owner or operator of a private nonprofit facility applies
for assistance under this section, an initial payment described
in paragraph (1) shall be paid.’’.

SEC. 611. USE OF LOCAL CONTRACTING.

Section 307(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5150), as amended by the
Post-Katrina Emergency Management Reform Act of 2006, is
amended by adding at the end the following:

‘‘(3) FORMULATION OF REQUIREMENTS.—The head of a Fed-
eral agency, as feasible and practicable, shall formulate appro-
priate requirements to facilitate compliance with this section.’’.

SEC. 612. FEMA PROGRAMS.

Notwithstanding any other provision of Federal law, as of April
1, 2007, the Director of the Federal Emergency Management Agency
shall be responsible for the radiological emergency preparedness
program and the chemical stockpile emergency preparedness pro-
gram.

SEC. 613. HOMELAND SECURITY DEFINITION.

Section 2(6) of the Homeland Security Act of 2002 (6 U.S.C.
101(6)) is amended by inserting ‘‘governmental and nongovern-
mental’’ after ‘‘local’’.

TITLE VII—OTHER MATTERS

SEC. 701. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AND SMALL
COMMUNITY AIRPORTS.

(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of this Act, the Assistant Secretary for the Transpor-
tation Security Administration shall submit to Congress a security
plan for—

(1) Essential Air Service airports in the United States;
and

(2) airports whose community or consortia of communities
receive assistance under the Small Community Air Service
Development Program authorized under section 41743 of title
49, United States Code, and maintain, resume, or obtain sched-
uled passenger air carrier service with assistance from that
program in the United States.
(b) ELEMENTS OF PLAN.—The security plans required under

subsection (a) shall include the following:
(1) Recommendations for improved security measures at

such airports.
(2) Recommendations for proper passenger and cargo secu-

rity screening procedures at such airports.
(3) A timeline for implementation of recommended security

measures or procedures at such airports.
(4) Cost analysis for implementation of recommended secu-

rity measures or procedures at such airports.

SEC. 702. DISCLOSURES REGARDING HOMELAND SECURITY GRANTS.

(a) DEFINITIONS.—In this section:
6 USC 470.

Deadline.
Effective date.

6 USC 314a.

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120 STAT. 1944 PUBLIC LAW 109–347—OCT. 13, 2006

(1) HOMELAND SECURITY GRANT.—The term ‘‘homeland
security grant’’ means any grant made or administered by
the Department, including—

(A) the State Homeland Security Grant Program;
(B) the Urban Area Security Initiative Grant Program;
(C) the Law Enforcement Terrorism Prevention Pro-

gram;
(D) the Citizen Corps; and
(E) the Metropolitan Medical Response System.

(2) LOCAL GOVERNMENT.—The term ‘‘local government’’ has
the meaning given the term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(b) REQUIRED DISCLOSURES.—Each State or local government

that receives a homeland security grant shall, not later than 12
months after the later of the date of the enactment of this Act
and the date of receipt of such grant, and every 12 months there-
after until all funds provided under such grant are expended, submit
a report to the Secretary that contains a list of all expenditures
made by such State or local government using funds from such
grant.

SEC. 703. TRUCKING SECURITY.

(a) LEGAL STATUS VERIFICATION FOR LICENSED UNITED STATES
COMMERCIAL DRIVERS.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Transportation, in
cooperation with the Secretary, shall issue regulations to implement
the recommendations contained in the memorandum of the
Inspector General of the Department of Transportation issued on
June 4, 2004 (Control No. 2004–054).

(b) COMMERCIAL DRIVER’S LICENSE ANTIFRAUD PROGRAMS.—
Not later than 18 months after the date of the enactment of this
Act, the Secretary of Transportation, in cooperation with the Sec-
retary, shall issue a regulation to implement the recommendations
contained in the Report on Federal Motor Carrier Safety Adminis-
tration Oversight of the Commercial Driver’s License Program (MH–
2006–037).

of the enactment of this Act, the Secretary, in consultation
with the Secretary of Transportation, shall draft guidelines
for Federal, State, and local law enforcement officials, including
motor carrier safety enforcement personnel, on how to identify
noncompliance with Federal laws uniquely applicable to
commercial motor vehicles and commercial motor vehicle opera-
tors engaged in cross-border traffic and communicate such non-
compliance to the appropriate Federal authorities. Such guide-
lines shall be coordinated with the training and outreach activi-
ties of the Federal Motor Carrier Safety Administration under
section 4139 of SAFETEA-LU (Public Law 109–59).

(2) VERIFICATION.—Not later than 18 months after the
date of the enactment of this Act, the Administrator of the
Federal Motor Carrier Safety Administration shall modify the
final rule regarding the enforcement of operating authority
(Docket No. FMCSA–2002–13015) to establish a system or
process by which a carrier’s operating authority can be verified
during a roadside inspection.

Deadlines
Regulations.
49 USC 31100
note.

Deadlines.
Reports.

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120 STAT. 1945PUBLIC LAW 109–347—OCT. 13, 2006

SEC. 704. AIR AND MARINE OPERATIONS OF THE NORTHERN BORDER
AIR WING.

In addition to any other amounts authorized to be appropriated
for Air and Marine Operations of United States Customs and Border
Protection for fiscal year 2008, there are authorized to be appro-
priated such sums as may be necessary for operation expenses
and aviation assets, for primary and secondary sites, of the
Northern Border Air Wing Branch in Great Falls, Montana.

SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOP-
MENT.

(a) IN GENERAL.—Notwithstanding section 12105(c) of title 46,
United States Code, a foreign-flag vessel may be chartered by,
or on behalf of, a lessee to be employed for the setting, relocation,
or recovery of anchors or other mooring equipment of a mobile
offshore drilling unit that is located over the Outer Continental
Shelf (as defined in section 2(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(a)) for operations in support of explo-
ration, or flow-testing and stimulation of wells, for offshore mineral
or energy resources in the Beaufort Sea or the Chukchi Sea adjacent
to Alaska—

(1) until December 31, 2009, if the Secretary of Transpor-
tation determines after publishing notice in the Federal Reg-
ister, that insufficient vessels documented under section
12105(c) of title 46, United States Code, are reasonably avail-
able and suitable for these support operations and all such
reasonably available and suitable vessels are employed in sup-
port of such operations; and

(2) for an additional 2-year period beginning January 1,
2010, if the Secretary of Transportation determines —

(A) as of December 31, 2009, the lessee has entered
into a binding agreement to employ an eligible vessel or
vessels to be documented under section 12105(c) of title
46, United States Code, in sufficient numbers and with
sufficient suitability to replace any vessel or vessels oper-
ating under this section; and

(B) after publishing notice in the Federal Register,
that insufficient vessels documented under section 12105(c)
of title 46, United States Code, are reasonably available
and suitable for these support operations and all such
reasonably available and suitable vessels are employed in
support of such operations.

(b) LESSEE DEFINED.—In this section, the term ‘‘lessee’’ means
the holder of a lease (as defined in section 1331(c) of title 43,
United States Code).

(c) SAVINGS PROVISION.—Nothing in subsection (a) may be con-
strued to authorize the employment in the coastwise trade of a
vessel that does not meet the requirements of section 12106 of
title 46, United States Code.

SEC. 706. COAST GUARD PROPERTY IN PORTLAND, MAINE.

Section 347(c) of the Maritime Transportation Security Act
of 2002 (Public Law 107–295; 116 Stat. 2109) is amended by striking
‘‘within 30 months from the date of conveyance’’ and inserting
‘‘by December 31, 2009’’.

Federal Register,
publication.

Extension.

Deadline.
Federal Register,
publication.

Alaska.

Appropriation
authorization.

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120 STAT. 1946 PUBLIC LAW 109–347—OCT. 13, 2006

SEC. 707. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR
CHEMICALS.

(a) COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.—
As part of the annual performance plan required in the budget
submission of the United States Customs and Border Protection
under section 1115 of title 31, United States Code, the Commis-
sioner shall establish performance indicators relating to the seizure
of methamphetamine and methamphetamine precursor chemicals
in order to evaluate the performance goals of the United States
Customs and Border Protection with respect to the interdiction
of illegal drugs entering the United States.

(b) STUDY AND REPORT RELATING TO METHAMPHETAMINE AND
METHAMPHETAMINE PRECURSOR CHEMICALS.—

(1) ANALYSIS.—The Commissioner shall, on an ongoing
basis, analyze the movement of methamphetamine and meth-
amphetamine precursor chemicals into the United States. In
conducting the analysis, the Commissioner shall—

(A) consider the entry of methamphetamine and meth-
amphetamine precursor chemicals through ports of entry,
between ports of entry, through international mails, and
through international courier services;

(B) examine the export procedures of each foreign
country where the shipments of methamphetamine and
methamphetamine precursor chemicals originate and deter-
mine if changes in the country’s customs over time provi-
sions would alleviate the export of methamphetamine and
methamphetamine precursor chemicals; and

(C) identify emerging trends in smuggling techniques
and strategies.
(2) REPORT.—Not later than September 30, 2007, and each

2-year period thereafter, the Commissioner, in the consultation
with the Attorney General, United States Immigration and
Customs Enforcement, the United States Drug Enforcement
Administration, and the United States Department of State,
shall submit a report to the Committee on Finance of the
Senate, the Committee on Foreign Relations of the Senate,
the Committee on the Judiciary of the Senate, the Committee
on Ways and Means of the House of Representatives, the Com-
mittee on International Relations of the House of Representa-
tives, and the Committee on the Judiciary of the House of
Representatives, that includes—

(A) a comprehensive summary of the analysis described
in paragraph (1); and

(B) a description of how the Untied States Customs
and Border Protection utilized the analysis described in
paragraph (1) to target shipments presenting a high risk
for smuggling or circumvention of the Combat Meth-
amphetamine Epidemic Act of 2005 (Public Law 109–177).
(3) AVAILABILITY OF ANALYSIS.—The Commissioner shall

ensure that the analysis described in paragraph (1) is made
available in a timely manner to the Secretary of State to
facilitate the Secretary in fulfilling the Secretary’s reporting
requirements in section 722 of the Combat Methamphetamine
Epidemic Act of 2005.
(c) DEFINITION.—In this section, the term ‘‘methamphetamine

precursor chemicals’’ means the chemicals ephedrine,

6 USC 220.

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120 STAT. 1947PUBLIC LAW 109–347—OCT. 13, 2006

pseudoephedrine, or phenylpropanolamine, including each of the
salts, optical isomers, and salts of optical isomers of such chemicals.

SEC. 708. AIRCRAFT CHARTER CUSTOMER AND LESSEE
PRESCREENING PROGRAM.

(a) IMPLEMENTATION STATUS.—Not later than 270 days after
the implementation of the Department’s aircraft charter customer
and lessee prescreening process required under section 44903(j)(2)
of title 49, United States Code, the Comptroller General of the
United States shall—

(1) assess the status and implementation of the program
and the use of the program by the general aviation charter
and rental community; and

(2) submit a report containing the findings, conclusions,
and recommendations, if any, of such assessment to—

(A) the Committee on Commerce, Science, and
Transportation of the Senate;

(B) the Committee on Homeland Security of the House
of Representatives; and

SEC. 709. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.

(a) DEFINITIONS.—In this section:
(1) CERTIFIED MONITORING PROGRAM.—The term ‘‘certified

monitoring program’’ means a medical monitoring program—
(A) in which a participating responder is a participant

as a condition of the employment of such participating
responder; and

(B) that the Secretary of Health and Human Services
certifies includes an adequate baseline medical screening.
(2) DISASTER AREA.—The term ‘‘disaster area’’ means an

area in which the President has declared a major disaster
(as that term is defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)),
during the period of such declaration.

(3) HIGH EXPOSURE LEVEL.—The term ‘‘high exposure level’’
means a level of exposure to a substance of concern that is
for such a duration, or of such a magnitude, that adverse
effects on human health can be reasonably expected to occur,
as determined by the President, acting through the Secretary
of Health and Human Services, in accordance with human
monitoring or environmental or other appropriate indicators.

(4) INDIVIDUAL.—The term ‘‘individual’’ includes—
(A) a worker or volunteer who responds to a disaster,

either natural or manmade, involving any mode of
transportation in the United States or disrupting the
transportation system of the United States, including—

(i) a police officer;
(ii) a firefighter;
(iii) an emergency medical technician;
(iv) any participating member of an urban search

and rescue team; and
(v) any other relief or rescue worker or volunteer

that the President, acting through the Secretary of
Health and Human Services, determines to be appro-
priate;

42 USC
300hh–14.

Reports.
Deadline.

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120 STAT. 1948 PUBLIC LAW 109–347—OCT. 13, 2006

(B) a worker who responds to a disaster, either natural
or manmade, involving any mode of transportation in the
United States or disrupting the transportation system of
the United States, by assisting in the cleanup or restoration
of critical infrastructure in and around a disaster area;

(C) a person whose place of residence is in a disaster
area, caused by either a natural or manmade disaster
involving any mode of transportation in the United States
or disrupting the transportation system of the United
States;

(D) a person who is employed in or attends school,
child care, or adult day care in a building located in a
disaster area, caused by either a natural or manmade
disaster involving any mode of transportation in the United
States or disrupting the transportation system of the
United States, of the United States; and

(E) any other person that the President, acting through
the Secretary of Health and Human Services, determines
to be appropriate.
(5) PARTICIPATING RESPONDER.—The term ‘‘participating

responder’’ means an individual described in paragraph (4)(A).
(6) PROGRAM.—The term ‘‘program’’ means a program

described in subsection (b) that is carried out for a disaster
area.

(7) SUBSTANCE OF CONCERN.—The term ‘‘substance of con-
cern’’ means a chemical or other substance that is associated
with potential acute or chronic human health effects, the risk
of exposure to which could potentially be increased as the
result of a disaster, as determined by the President, acting
through the Secretary of Health and Human Services, and
in coordination with the Agency for Toxic Substances and Dis-
ease Registry, the Environmental Protection Agency, the Cen-
ters for Disease Control and Prevention, the National Institutes
of Health, the Federal Emergency Management Agency, the
Occupational Health and Safety Administration, and other
agencies.
(b) PROGRAM.—

(1) IN GENERAL.—If the President, acting through the Sec-
retary of Health and Human Services, determines that 1 or
more substances of concern are being, or have been, released
in an area declared to be a disaster area and disrupts the
transportation system of the United States, the President,
acting through the Secretary of Health and Human Services,
may carry out a program for the coordination, protection,
assessment, monitoring, and study of the health and safety
of individuals with high exposure levels to ensure that—

(A) the individuals are adequately informed about and
protected against potential health impacts of any substance
of concern in a timely manner;

(B) the individuals are monitored and studied over
time, including through baseline and followup clinical
health examinations, for—

(i) any short- and long-term health impacts of any
substance of concern; and

(ii) any mental health impacts;
(C) the individuals receive health care referrals as

needed and appropriate; and

President.

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120 STAT. 1949PUBLIC LAW 109–347—OCT. 13, 2006

(D) information from any such monitoring and studies
is used to prevent or protect against similar health impacts
from future disasters.
(2) ACTIVITIES.—A program under paragraph (1) may

include such activities as—
(A) collecting and analyzing environmental exposure

data;
(B) developing and disseminating information and edu-

cational materials;
(C) performing baseline and followup clinical health

and mental health examinations and taking biological sam-
ples;

(D) establishing and maintaining an exposure registry;
(E) studying the short- and long-term human health

impacts of any exposures through epidemiological and other
health studies; and

(F) providing assistance to individuals in determining
eligibility for health coverage and identifying appropriate
health services.
(3) TIMING.—To the maximum extent practicable, activities

under any program carried out under paragraph (1) (including
baseline health examinations) shall be commenced in a timely
manner that will ensure the highest level of public health
protection and effective monitoring.

(4) PARTICIPATION IN REGISTRIES AND STUDIES.—
(A) IN GENERAL.—Participation in any registry or study

that is part of a program carried out under paragraph
(1) shall be voluntary.

(B) PROTECTION OF PRIVACY.—The President, acting
through the Secretary of Health and Human Services, shall
take appropriate measures to protect the privacy of any
participant in a registry or study described in subparagraph
(A).

the President, acting through the Secretary of Health
and Human Services, shall give priority in any registry
or study described in subparagraph (A) to the protec-
tion, monitoring and study of the health and safety
of individuals with the highest level of exposure to
a substance of concern.

(ii) MODIFICATIONS.—Notwithstanding clause (i),
the President, acting through the Secretary of Health
and Human Services, may modify the priority of a
registry or study described in subparagraph (A), if
the President, acting through the Secretary of Health
and Human Services, determines such modification to
be appropriate.

(5) COOPERATIVE AGREEMENTS.—
(A) IN GENERAL.—The President, acting through the

Secretary of Health and Human Services, may carry out
a program under paragraph (1) through a cooperative
agreement with a medical institution, including a local
health department, or a consortium of medical institutions.

(B) SELECTION CRITERIA.—To the maximum extent
practicable, the President, acting through the Secretary
of Health and Human Services, shall select, to carry out

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120 STAT. 1950 PUBLIC LAW 109–347—OCT. 13, 2006

a program under paragraph (1), a medical institution or
a consortium of medical institutions that—

(i) is located near—
(I) the disaster area with respect to which

the program is carried out; and
(II) any other area in which there reside

groups of individuals that worked or volunteered
in response to the disaster; and
(ii) has appropriate experience in the areas of

environmental or occupational health, toxicology, and
safety, including experience in—

(I) developing clinical protocols and conducting
clinical health examinations, including mental
health assessments;

(II) conducting long-term health monitoring
and epidemiological studies;

(III) conducting long-term mental health
studies; and

(IV) establishing and maintaining medical
surveillance programs and environmental exposure
or disease registries.

(6) INVOLVEMENT.—
(A) IN GENERAL.—In carrying out a program under

paragraph (1), the President, acting through the Secretary
of Health and Human Services, shall involve interested
and affected parties, as appropriate, including representa-
tives of—

(i) Federal, State, and local government agencies;
(ii) groups of individuals that worked or volun-

teered in response to the disaster in the disaster area;
(iii) local residents, businesses, and schools

(including parents and teachers);
(iv) health care providers;
(v) faith based organizations; and
(vi) other organizations and persons.

(B) COMMITTEES.—Involvement under subparagraph
(A) may be provided through the establishment of an
advisory or oversight committee or board.
(7) PRIVACY.—The President, acting through the Secretary

of Health and Human Services, shall carry out each program
under paragraph (1) in accordance with regulations relating
to privacy promulgated under section 264(c) of the Health Insur-
ance Portability and Accountability Act of 1996 (42 U.S.C.
1320d–2 note; Public Law 104–191).

(8) EXISTING PROGRAMS.—In carrying out a program under
paragraph (1), the President, acting through the Secretary of
Health and Human Services, may—

(A) include the baseline clinical health examination
of a participating responder under a certified monitoring
programs; and

(B) substitute the baseline clinical health examination
of a participating responder under a certified monitoring
program for a baseline clinical health examination under
paragraph (1).

(c) REPORTS.—Not later than 1 year after the establishment
of a program under subsection (b)(1), and every 5 years thereafter,
the President, acting through the Secretary of Health and Human

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120 STAT. 1951PUBLIC LAW 109–347—OCT. 13, 2006

Services, or the medical institution or consortium of such institu-
tions having entered into a cooperative agreement under subsection
(b)(5), may submit a report to the Secretary of Homeland Security,
the Secretary of Labor, the Administrator of the Environmental
Protection Agency, and appropriate committees of Congress
describing the programs and studies carried out under the program.

(d) NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA
HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING.—

(1) IN GENERAL.—The Secretary of Health and Human
Services, the Secretary of Homeland Security, and the Adminis-
trator of the Environmental Protection Agency shall jointly
enter into a contract with the National Academy of Sciences
to conduct a study and prepare a report on disaster area health
and environmental protection and monitoring.

(2) PARTICIPATION OF EXPERTS.—The report under para-
graph (1) shall be prepared with the participation of individuals
who have expertise in—

(A) environmental health, safety, and medicine;
(B) occupational health, safety, and medicine;
(C) clinical medicine, including pediatrics;
(D) environmental toxicology;
(E) epidemiology;
(F) mental health;
(G) medical monitoring and surveillance;
(H) environmental monitoring and surveillance;
(I) environmental and industrial hygiene;
(J) emergency planning and preparedness;
(K) public outreach and education;
(L) State and local health departments;
(M) State and local environmental protection depart-

ments;
(N) functions of workers that respond to disasters,

including first responders;
(O) public health; and
(P) family services, such as counseling and other dis-

aster-related services provided to families.
(3) CONTENTS.—The report under paragraph (1) shall pro-

vide advice and recommendations regarding protecting and
monitoring the health and safety of individuals potentially
exposed to any chemical or other substance associated with
potential acute or chronic human health effects as the result
of a disaster, including advice and recommendations
regarding—

(A) the establishment of protocols for monitoring and
responding to chemical or substance releases in a disaster
area to protect public health and safety, including—

(i) chemicals or other substances for which samples
should be collected in the event of a disaster, including
a terrorist attack;

(ii) chemical- or substance-specific methods of
sample collection, including sampling methodologies
and locations;

(iii) chemical- or substance-specific methods of
sample analysis;

Contracts.
Reports.

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120 STAT. 1952 PUBLIC LAW 109–347—OCT. 13, 2006

(iv) health-based threshold levels to be used and
response actions to be taken in the event that thresh-
olds are exceeded for individual chemicals or other
substances;

(v) procedures for providing monitoring results to—
(I) appropriate Federal, State, and local

government agencies;
(II) appropriate response personnel; and
(III) the public;

(vi) responsibilities of Federal, State, and local
agencies for—

(I) collecting and analyzing samples;
(II) reporting results; and
(III) taking appropriate response actions; and

(vii) capabilities and capacity within the Federal
Government to conduct appropriate environmental
monitoring and response in the event of a disaster,
including a terrorist attack; and
(B) other issues specified by the Secretary of Health

and Human Services, the Secretary of Homeland Security,
and the Administrator of the Environmental Protection
Agency.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are author-

ized to be appropriated such sums as are necessary to carry
out this subsection.

TITLE VIII—UNLAWFUL INTERNET
GAMBLING ENFORCEMENT

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Unlawful Internet Gambling
Enforcement Act of 2006’’.
SEC. 802. PROHIBITION ON ACCEPTANCE OF ANY PAYMENT

INSTRUMENT FOR UNLAWFUL INTERNET GAMBLING.

(a) IN GENERAL.—Chapter 53 of title 31, United States Code,
is amended by adding at the end the following:

‘‘SUBCHAPTER IV—PROHIBITION ON FUNDING OF
UNLAWFUL INTERNET GAMBLING

‘‘§ 5361. Congressional findings and purpose
‘‘(a) FINDINGS.—Congress finds the following:

‘‘(1) Internet gambling is primarily funded through personal
use of payment system instruments, credit cards, and wire
transfers.

‘‘(2) The National Gambling Impact Study Commission in
1999 recommended the passage of legislation to prohibit wire
transfers to Internet gambling sites or the banks which rep-
resent such sites.

‘‘(3) Internet gambling is a growing cause of debt collection
problems for insured depository institutions and the consumer
credit industry.

‘‘(4) New mechanisms for enforcing gambling laws on the
Internet are necessary because traditional law enforcement
mechanisms are often inadequate for enforcing gambling

31 USC 5301
note.

Unlawful
Internet
Gambling
Enforcement Act
of 2006.

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120 STAT. 1953PUBLIC LAW 109–347—OCT. 13, 2006

prohibitions or regulations on the Internet, especially where
such gambling crosses State or national borders.
‘‘(b) RULE OF CONSTRUCTION.—No provision of this subchapter

shall be construed as altering, limiting, or extending any Federal
or State law or Tribal-State compact prohibiting, permitting, or
regulating gambling within the United States.

‘‘§ 5362. Definitions
‘‘In this subchapter:

‘‘(1) BET OR WAGER.—The term ‘bet or wager’—
‘‘(A) means the staking or risking by any person of

something of value upon the outcome of a contest of others,
a sporting event, or a game subject to chance, upon an
agreement or understanding that the person or another
person will receive something of value in the event of
a certain outcome;

‘‘(B) includes the purchase of a chance or opportunity
to win a lottery or other prize (which opportunity to win
is predominantly subject to chance);

‘‘(C) includes any scheme of a type described in section
3702 of title 28;

‘‘(D) includes any instructions or information per-
taining to the establishment or movement of funds by
the bettor or customer in, to, or from an account with
the business of betting or wagering; and

‘‘(E) does not include—
‘‘(i) any activity governed by the securities laws

(as that term is defined in section 3(a)(47) of the Securi-
ties Exchange Act of 1934 for the purchase or sale
of securities (as that term is defined in section 3(a)(10)
of that Act);

‘‘(ii) any transaction conducted on or subject to
the rules of a registered entity or exempt board of
trade under the Commodity Exchange Act;

‘‘(iii) any over-the-counter derivative instrument;
‘‘(iv) any other transaction that—

‘‘(I) is excluded or exempt from regulation
under the Commodity Exchange Act; or

‘‘(II) is exempt from State gaming or bucket
shop laws under section 12(e) of the Commodity
Exchange Act or section 28(a) of the Securities
Exchange Act of 1934;
‘‘(v) any contract of indemnity or guarantee;
‘‘(vi) any contract for insurance;
‘‘(vii) any deposit or other transaction with an

insured depository institution;
‘‘(viii) participation in any game or contest in which

participants do not stake or risk anything of value
other than—

‘‘(I) personal efforts of the participants in
playing the game or contest or obtaining access
to the Internet; or

‘‘(II) points or credits that the sponsor of the
game or contest provides to participants free of
charge and that can be used or redeemed only
for participation in games or contests offered by
the sponsor; or

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120 STAT. 1954 PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(ix) participation in any fantasy or simulation
sports game or educational game or contest in which
(if the game or contest involves a team or teams)
no fantasy or simulation sports team is based on the
current membership of an actual team that is a
member of an amateur or professional sports organiza-
tion (as those terms are defined in section 3701 of
title 28) and that meets the following conditions:

‘‘(I) All prizes and awards offered to winning
participants are established and made known to
the participants in advance of the game or contest
and their value is not determined by the number
of participants or the amount of any fees paid
by those participants.

‘‘(II) All winning outcomes reflect the relative
knowledge and skill of the participants and are
determined predominantly by accumulated statis-
tical results of the performance of individuals (ath-
letes in the case of sports events) in multiple real-
world sporting or other events.

‘‘(III) No winning outcome is based—
‘‘(aa) on the score, point-spread, or any

performance or performances of any single
real-world team or any combination of such
teams; or

‘‘(bb) solely on any single performance of
an individual athlete in any single real-world
sporting or other event.

‘‘(2) BUSINESS OF BETTING OR WAGERING.—The term ‘busi-
ness of betting or wagering’ does not include the activities
of a financial transaction provider, or any interactive computer
service or telecommunications service.

‘‘(3) DESIGNATED PAYMENT SYSTEM.—The term ‘designated
payment system’ means any system utilized by a financial
transaction provider that the Secretary and the Board of Gov-
ernors of the Federal Reserve System, in consultation with
the Attorney General, jointly determine, by regulation or order,
could be utilized in connection with, or to facilitate, any
restricted transaction.

‘‘(4) FINANCIAL TRANSACTION PROVIDER.—The term ‘finan-
cial transaction provider’ means a creditor, credit card issuer,
financial institution, operator of a terminal at which an elec-
tronic fund transfer may be initiated, money transmitting busi-
ness, or international, national, regional, or local payment net-
work utilized to effect a credit transaction, electronic fund
transfer, stored value product transaction, or money transmit-
ting service, or a participant in such network, or other partici-
pant in a designated payment system.

‘‘(5) INTERNET.—The term ‘Internet’ means the inter-
national computer network of interoperable packet switched
data networks.

‘‘(6) INTERACTIVE COMPUTER SERVICE.—The term ‘inter-
active computer service’ has the meaning given the term in
section 230(f) of the Communications Act of 1934 (47 U.S.C.
230(f)).

‘‘(7) RESTRICTED TRANSACTION.—The term ‘restricted trans-
action’ means any transaction or transmittal involving any

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120 STAT. 1955PUBLIC LAW 109–347—OCT. 13, 2006

credit, funds, instrument, or proceeds described in any para-
graph of section 5363 which the recipient is prohibited from
accepting under section 5363.

‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Treasury.

‘‘(9) STATE.—The term ‘State’ means any State of the
United States, the District of Columbia, or any commonwealth,
territory, or other possession of the United States.

‘‘(10) UNLAWFUL INTERNET GAMBLING.—
‘‘(A) IN GENERAL.—The term ‘unlawful Internet gam-

bling’ means to place, receive, or otherwise knowingly
transmit a bet or wager by any means which involves
the use, at least in part, of the Internet where such bet
or wager is unlawful under any applicable Federal or State
law in the State or Tribal lands in which the bet or wager
is initiated, received, or otherwise made.

‘‘(B) INTRASTATE TRANSACTIONS.—The term ‘unlawful
Internet gambling’ does not include placing, receiving, or
otherwise transmitting a bet or wager where—

‘‘(i) the bet or wager is initiated and received or
otherwise made exclusively within a single State;

‘‘(ii) the bet or wager and the method by which
the bet or wager is initiated and received or otherwise
made is expressly authorized by and placed in accord-
ance with the laws of such State, and the State law
or regulations include—

‘‘(I) age and location verification requirements
reasonably designed to block access to minors and
persons located out of such State; and

‘‘(II) appropriate data security standards to
prevent unauthorized access by any person whose
age and current location has not been verified
in accordance with such State’s law or regulations;
and
‘‘(iii) the bet or wager does not violate any provision

of—
‘‘(I) the Interstate Horseracing Act of 1978

(15 U.S.C. 3001 et seq.);
‘‘(II) chapter 178 of title 28 (commonly known

as the ‘Professional and Amateur Sports Protection
Act’);

‘‘(III) the Gambling Devices Transportation
Act (15 U.S.C. 1171 et seq.); or

‘‘(IV) the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.).

‘‘(C) INTRATRIBAL TRANSACTIONS.—The term ‘unlawful
Internet gambling’ does not include placing, receiving, or
otherwise transmitting a bet or wager where—

‘‘(i) the bet or wager is initiated and received or
otherwise made exclusively—

‘‘(I) within the Indian lands of a single Indian
tribe (as such terms are defined under the Indian
Gaming Regulatory Act); or

‘‘(II) between the Indian lands of 2 or more
Indian tribes to the extent that intertribal gaming
is authorized by the Indian Gaming Regulatory
Act;

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120 STAT. 1956 PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(ii) the bet or wager and the method by which
the bet or wager is initiated and received or otherwise
made is expressly authorized by and complies with
the requirements of—

‘‘(I) the applicable tribal ordinance or resolu-
tion approved by the Chairman of the National
Indian Gaming Commission; and

‘‘(II) with respect to class III gaming, the
applicable Tribal-State Compact;
‘‘(iii) the applicable tribal ordinance or resolution

or Tribal-State Compact includes—
‘‘(I) age and location verification requirements

reasonably designed to block access to minors and
persons located out of the applicable Tribal lands;
and

‘‘(II) appropriate data security standards to
prevent unauthorized access by any person whose
age and current location has not been verified
in accordance with the applicable tribal ordinance
or resolution or Tribal-State Compact; and
‘‘(iv) the bet or wager does not violate any provision

of—
‘‘(I) the Interstate Horseracing Act of 1978
(15 U.S.C. 3001 et seq.);
‘‘(II) chapter 178 of title 28 (commonly known
as the ‘Professional and Amateur Sports Protection
Act’);
‘‘(III) the Gambling Devices Transportation
Act (15 U.S.C. 1171 et seq.); or
‘‘(IV) the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.).

‘‘(D) INTERSTATE HORSERACING.—
‘‘(i) IN GENERAL.—The term ‘unlawful Internet

gambling’ shall not include any activity that is allowed
under the Interstate Horseracing Act of 1978 (15 U.S.C.
3001 et seq.).

‘‘(ii) RULE OF CONSTRUCTION REGARDING PREEMP-
TION.—Nothing in this subchapter may be construed
to preempt any State law prohibiting gambling.

‘‘(iii) SENSE OF CONGRESS.—It is the sense of Con-
gress that this subchapter shall not change which
activities related to horse racing may or may not be
allowed under Federal law. This subparagraph is
intended to address concerns that this subchapter could
have the effect of changing the existing relationship
between the Interstate Horseracing Act and other Fed-
eral statutes in effect on the date of the enactment
of this subchapter. This subchapter is not intended
to change that relationship. This subchapter is not
intended to resolve any existing disagreements over
how to interpret the relationship between the Inter-
state Horseracing Act and other Federal statutes.
‘‘(E) INTERMEDIATE ROUTING.—The intermediate

routing of electronic data shall not determine the location
or locations in which a bet or wager is initiated, received,
or otherwise made.
‘‘(11) OTHER TERMS.—

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120 STAT. 1957PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(A) CREDIT; CREDITOR; CREDIT CARD; AND CARD
ISSUER.—The terms ‘credit’, ‘creditor’, ‘credit card’, and ‘card
issuer’ have the meanings given the terms in section 103
of the Truth in Lending Act (15 U.S.C. 1602).

‘‘(B) ELECTRONIC FUND TRANSFER.—The term ‘elec-
tronic fund transfer’—

‘‘(i) has the meaning given the term in section
903 of the Electronic Fund Transfer Act (15 U.S.C.
1693a), except that the term includes transfers that
would otherwise be excluded under section 903(6)(E)
of that Act; and

‘‘(ii) includes any fund transfer covered by Article
4A of the Uniform Commercial Code, as in effect in
any State.
‘‘(C) FINANCIAL INSTITUTION.—The term ‘financial

institution’ has the meaning given the term in section
903 of the Electronic Fund Transfer Act, except that such
term does not include a casino, sports book, or other busi-
ness at or through which bets or wagers may be placed
or received.

‘‘(D) INSURED DEPOSITORY INSTITUTION.—The term
‘insured depository institution’—

‘‘(i) has the meaning given the term in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)); and

‘‘(ii) includes an insured credit union (as defined
in section 101 of the Federal Credit Union Act).
‘‘(E) MONEY TRANSMITTING BUSINESS AND MONEY

TRANSMITTING SERVICE.—The terms ‘money transmitting
business’ and ‘money transmitting service’ have the
meanings given the terms in section 5330(d) (determined
without regard to any regulations prescribed by the Sec-
retary thereunder).

‘‘§ 5363. Prohibition on acceptance of any financial
instrument for unlawful Internet gambling

‘‘No person engaged in the business of betting or wagering
may knowingly accept, in connection with the participation of
another person in unlawful Internet gambling—

‘‘(1) credit, or the proceeds of credit, extended to or on
behalf of such other person (including credit extended through
the use of a credit card);

‘‘(2) an electronic fund transfer, or funds transmitted by
or through a money transmitting business, or the proceeds
of an electronic fund transfer or money transmitting service,
from or on behalf of such other person;

‘‘(3) any check, draft, or similar instrument which is drawn
by or on behalf of such other person and is drawn on or
payable at or through any financial institution; or

‘‘(4) the proceeds of any other form of financial transaction,
as the Secretary and the Board of Governors of the Federal
Reserve System may jointly prescribe by regulation, which
involves a financial institution as a payor or financial inter-
mediary on behalf of or for the benefit of such other person.

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120 STAT. 1958 PUBLIC LAW 109–347—OCT. 13, 2006

‘‘§ 5364. Policies and procedures to identify and prevent
restricted transactions

‘‘(a) REGULATIONS.—Before the end of the 270-day period begin-
ning on the date of the enactment of this subchapter, the Secretary
and the Board of Governors of the Federal Reserve System, in
consultation with the Attorney General, shall prescribe regulations
(which the Secretary and the Board jointly determine to be appro-
priate) requiring each designated payment system, and all partici-
pants therein, to identify and block or otherwise prevent or prohibit
restricted transactions through the establishment of policies and
procedures reasonably designed to identify and block or otherwise
prevent or prohibit the acceptance of restricted transactions in
any of the following ways:

‘‘(1) The establishment of policies and procedures that—
‘‘(A) allow the payment system and any person involved

in the payment system to identify restricted transactions
by means of codes in authorization messages or by other
means; and

‘‘(B) block restricted transactions identified as a result
of the policies and procedures developed pursuant to
subparagraph (A).
‘‘(2) The establishment of policies and procedures that pre-

vent or prohibit the acceptance of the products or services
of the payment system in connection with a restricted trans-
action.
‘‘(b) REQUIREMENTS FOR POLICIES AND PROCEDURES.—In pre-

scribing regulations under subsection (a), the Secretary and the
Board of Governors of the Federal Reserve System shall—

‘‘(1) identify types of policies and procedures, including
nonexclusive examples, which would be deemed, as applicable,
to be reasonably designed to identify and block or otherwise
prevent or prohibit the acceptance of the products or services
with respect to each type of restricted transaction;

‘‘(2) to the extent practical, permit any participant in a
payment system to choose among alternative means of identi-
fying and blocking, or otherwise preventing or prohibiting the
acceptance of the products or services of the payment system
or participant in connection with, restricted transactions;

‘‘(3) exempt certain restricted transactions or designated
payment systems from any requirement imposed under such
regulations, if the Secretary and the Board jointly find that
it is not reasonably practical to identify and block, or otherwise
prevent or prohibit the acceptance of, such transactions; and

‘‘(4) ensure that transactions in connection with any activity
excluded from the definition of unlawful internet gambling
in subparagraph (B), (C), or (D)(i) of section 5362(10) are not
blocked or otherwise prevented or prohibited by the prescribed
regulations.
‘‘(c) COMPLIANCE WITH PAYMENT SYSTEM POLICIES AND PROCE-

DURES.—A financial transaction provider shall be considered to
be in compliance with the regulations prescribed under subsection
(a) if—

‘‘(1) such person relies on and complies with the policies
and procedures of a designated payment system of which it
is a member or participant to—

‘‘(A) identify and block restricted transactions; or

Deadline.

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120 STAT. 1959PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(B) otherwise prevent or prohibit the acceptance of
the products or services of the payment system, member,
or participant in connection with restricted transactions;
and
‘‘(2) such policies and procedures of the designated payment

system comply with the requirements of regulations prescribed
under subsection (a).
‘‘(d) NO LIABILITY FOR BLOCKING OR REFUSING TO HONOR

RESTRICTED TRANSACTIONS.—A person that identifies and blocks
a transaction, prevents or prohibits the acceptance of its products
or services in connection with a transaction, or otherwise refuses
to honor a transaction—

‘‘(1) that is a restricted transaction;
‘‘(2) that such person reasonably believes to be a restricted

transaction; or
‘‘(3) as a designated payment system or a member of a

designated payment system in reliance on the policies and
procedures of the payment system, in an effort to comply with
regulations prescribed under subsection (a),

shall not be liable to any party for such action.
‘‘(e) REGULATORY ENFORCEMENT.—The requirements under this

section shall be enforced exclusively by—
‘‘(1) the Federal functional regulators, with respect to the

designated payment systems and financial transaction pro-
viders subject to the respective jurisdiction of such regulators
under section 505(a) of the Gramm-Leach-Bliley Act and section
5g of the Commodities Exchange Act; and

‘‘(2) the Federal Trade Commission, with respect to des-
ignated payment systems and financial transaction providers
not otherwise subject to the jurisdiction of any Federal func-
tional regulators (including the Commission) as described in
paragraph (1).

‘‘§ 5365. Civil remedies
‘‘(a) JURISDICTION.—In addition to any other remedy under

current law, the district courts of the United States shall have
original and exclusive jurisdiction to prevent and restrain restricted
transactions by issuing appropriate orders in accordance with this
section, regardless of whether a prosecution has been initiated
under this subchapter.

‘‘(b) PROCEEDINGS.—
‘‘(1) INSTITUTION BY FEDERAL GOVERNMENT.—

‘‘(A) IN GENERAL.—The United States, acting through
the Attorney General, may institute proceedings under this
section to prevent or restrain a restricted transaction.

‘‘(B) RELIEF.—Upon application of the United States
under this paragraph, the district court may enter a tem-
porary restraining order, a preliminary injunction, or an
injunction against any person to prevent or restrain a
restricted transaction, in accordance with rule 65 of the
Federal Rules of Civil Procedure.
‘‘(2) INSTITUTION BY STATE ATTORNEY GENERAL.—

‘‘(A) IN GENERAL.—The attorney general (or other
appropriate State official) of a State in which a restricted
transaction allegedly has been or will be initiated, received,
or otherwise made may institute proceedings under this

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120 STAT. 1960 PUBLIC LAW 109–347—OCT. 13, 2006

section to prevent or restrain the violation or threatened
violation.

‘‘(B) RELIEF.—Upon application of the attorney general
(or other appropriate State official) of an affected State
under this paragraph, the district court may enter a tem-
porary restraining order, a preliminary injunction, or an
injunction against any person to prevent or restrain a
restricted transaction, in accordance with rule 65 of the
Federal Rules of Civil Procedure.
‘‘(3) INDIAN LANDS.—

‘‘(A) IN GENERAL.—Notwithstanding paragraphs (1) and
(2), for a restricted transaction that allegedly has been
or will be initiated, received, or otherwise made on Indian
lands (as that term is defined in section 4 of the Indian
Gaming Regulatory Act)—

‘‘(i) the United States shall have the enforcement
authority provided under paragraph (1); and

‘‘(ii) the enforcement authorities specified in an
applicable Tribal-State Compact negotiated under sec-
tion 11 of the Indian Gaming Regulatory Act (25 U.S.C.
2710) shall be carried out in accordance with that
compact.
‘‘(B) RULE OF CONSTRUCTION.—No provision of this sec-

tion shall be construed as altering, superseding, or other-
wise affecting the application of the Indian Gaming Regu-
latory Act.

‘‘(c) LIMITATION RELATING TO INTERACTIVE COMPUTER SERV-
ICES.—

‘‘(1) IN GENERAL.—Relief granted under this section against
an interactive computer service shall—

‘‘(A) be limited to the removal of, or disabling of access
to, an online site violating section 5363, or a hypertext
link to an online site violating such section, that resides
on a computer server that such service controls or operates,
except that the limitation in this subparagraph shall not
apply if the service is subject to liability under this section
under section 5367;

‘‘(B) be available only after notice to the interactive
computer service and an opportunity for the service to
appear are provided;

‘‘(C) not impose any obligation on an interactive com-
puter service to monitor its service or to affirmatively seek
facts indicating activity violating this subchapter;

‘‘(D) specify the interactive computer service to which
it applies; and

‘‘(E) specifically identify the location of the online site
or hypertext link to be removed or access to which is
to be disabled.
‘‘(2) COORDINATION WITH OTHER LAW.—An interactive com-

puter service that does not violate this subchapter shall not
be liable under section 1084(d) of title 18, except that the
limitation in this paragraph shall not apply if an interactive
computer service has actual knowledge and control of bets
and wagers and—

‘‘(A) operates, manages, supervises, or directs an Inter-
net website at which unlawful bets or wagers may be
placed, received, or otherwise made or at which unlawful

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120 STAT. 1961PUBLIC LAW 109–347—OCT. 13, 2006

bets or wagers are offered to be placed, received, or other-
wise made; or

‘‘(B) owns or controls, or is owned or controlled by,
any person who operates, manages, supervises, or directs
an Internet website at which unlawful bets or wagers may
be placed, received, or otherwise made, or at which unlaw-
ful bets or wagers are offered to be placed, received, or
otherwise made.

‘‘(d) LIMITATION ON INJUNCTIONS AGAINST REGULATED PER-
SONS.—Notwithstanding any other provision of this section, and
subject to section 5367, no provision of this subchapter shall be
construed as authorizing the Attorney General of the United States,
or the attorney general (or other appropriate State official) of any
State to institute proceedings to prevent or restrain a restricted
transaction against any financial transaction provider, to the extent
that the person is acting as a financial transaction provider.

‘‘§ 5366. Criminal penalties
‘‘(a) IN GENERAL.—Any person who violates section 5363 shall

be fined under title 18, imprisoned for not more than 5 years,
or both.

‘‘(b) PERMANENT INJUNCTION.—Upon conviction of a person
under this section, the court may enter a permanent injunction
enjoining such person from placing, receiving, or otherwise making
bets or wagers or sending, receiving, or inviting information
assisting in the placing of bets or wagers.

‘‘§ 5367. Circumventions prohibited
‘‘Notwithstanding section 5362(2), a financial transaction pro-

vider, or any interactive computer service or telecommunications
service, may be liable under this subchapter if such person has
actual knowledge and control of bets and wagers, and—

‘‘(1) operates, manages, supervises, or directs an Internet
website at which unlawful bets or wagers may be placed,
received, or otherwise made, or at which unlawful bets or
wagers are offered to be placed, received, or otherwise made;
or

‘‘(2) owns or controls, or is owned or controlled by, any
person who operates, manages, supervises, or directs an Inter-
net website at which unlawful bets or wagers may be placed,
received, or otherwise made, or at which unlawful bets or
wagers are offered to be placed, received, or otherwise made.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of

sections for chapter 53 of title 31, United States Code, is amended
by adding at the end the following:

‘‘SUBCHAPTER IV—PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING

‘‘5361. Congressional findings and purpose.
‘‘5362. Definitions.
‘‘5363. Prohibition on acceptance of any financial instrument for unlawful Internet

gambling.
‘‘5364. Policies and procedures to identify and prevent restricted transactions.
‘‘5365. Civil remedies.
‘‘5366. Criminal penalties.
‘‘5367. Circumventions prohibited.’’.

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120 STAT. 1962 PUBLIC LAW 109–347—OCT. 13, 2006

LEGISLATIVE HISTORY—H.R. 4954 (S. 2008) (S. 2459):
HOUSE REPORTS: Nos. 109–447, Pt. 1 (Comm. on Homeland Security) and 109–

711 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 152 (2006):

May 4, considered and passed House.
Sept. 7, 8, 11–14, considered and passed Senate, amended.
Sept. 29, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Oct. 13, Presidential remarks and statement.

SEC. 803. INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDIC-
TIONS.

(a) IN GENERAL.—In deliberations between the United States
Government and any foreign country on money laundering, corrup-
tion, and crime issues, the United States Government should—

(1) encourage cooperation by foreign governments and rel-
evant international fora in identifying whether Internet gam-
bling operations are being used for money laundering, corrup-
tion, or other crimes;

(2) advance policies that promote the cooperation of foreign
governments, through information sharing or other measures,
in the enforcement of this Act; and

(3) encourage the Financial Action Task Force on Money
Laundering, in its annual report on money laundering
typologies, to study the extent to which Internet gambling
operations are being used for money laundering purposes.
(b) REPORT REQUIRED.—The Secretary of the Treasury shall

submit an annual report to the Congress on any deliberations
between the United States and other countries on issues relating
to Internet gambling.

Approved October 13, 2006.

31 USC 5361
note.

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Superintendent of Documents
2010-07-23T17:47:16-0400
US GPO, Washington, DC 20401
Superintendent of Documents
GPO attests that this document has not been altered since it was disseminated by GPO

PUBLIC LAW 107–295—NOV. 25, 2002

MARITIME TRANSPORTATION SECURITY ACT
OF 2002

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116 STAT. 2064 PUBLIC LAW 107–295—NOV. 25, 2002

Public Law 107–295
107th Congress

An Act
To amend the Merchant Marine Act, 1936, to establish a program to ensure greater

security for United States seaports, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Maritime
Transportation Security Act of 2002’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.

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.

46 USC 2101
note.

Maritime
Transportation
Security Act of
2002.

Nov. 25, 2002
[S. 1214]

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116 STAT. 2065PUBLIC LAW 107–295—NOV. 25, 2002

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 fail-

ure 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 na-

tional 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 re-

calls.
Sec. 434. Repair of municipal dock, Escanaba, Michigan.
Sec. 435. Vessel GLOBAL EXPLORER.

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116 STAT. 2066 PUBLIC LAW 107–295—NOV. 25, 2002

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.

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 suscep-
tible 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

46 USC 70101
note.

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116 STAT. 2067PUBLIC LAW 107–295—NOV. 25, 2002

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 com-
merce and to ensure the efficient movement of cargo;

(B) to increase United States port security by estab-
lishing improving communication among law enforcement
officials responsible for port security;

(C) to formulate requirements for physical port secu-
rity, recognizing the different character and nature of
United States port facilities, and to require the establish-
ment 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 Inter-

agency 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 ele-
ments for enhancing global maritime security. Therefore, it
is in the best interests of the United States to implement
new international instruments that establish such a system.

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116 STAT. 2068 PUBLIC LAW 107–295—NOV. 25, 2002

SEC. 102. PORT SECURITY.

(a) IN GENERAL.—Title 46, United States Code, is amended
by adding at the end the following new subtitle:

‘‘Subtitle VI—Miscellaneous
‘‘Chap. Sec.
‘‘701. Port Security ……………………………………………………………………………….. 70101

‘‘CHAPTER 701—PORT SECURITY
‘‘Sec.
‘‘70101. 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 foreign ports not maintaining effective antiterrorism meas-

ures.
‘‘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 pre-
pared 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, oper-

ating, 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 depart-

ment in which the Coast Guard is operating.
‘‘(6) The term ‘transportation security incident’ means a

security incident resulting in a significant loss of life, environ-
mental 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 adja-
cent 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 Sec-
retary shall conduct a detailed vulnerability assessment of the

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116 STAT. 2069PUBLIC LAW 107–295—NOV. 25, 2002

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 infra-
structures.

‘‘(C) Identification of weaknesses in physical security, pas-
senger and cargo security, structural integrity, protection sys-
tems, procedural policies, communications systems, transpor-
tation 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 assess-
ment 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 alter-
native 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 Fed-
eral 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 safe-

guard 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 transpor-
tation security incident, or the substantial threat of such a
security incident.

‘‘(G) Designation of—

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116 STAT. 2070 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(i) areas for which Area Maritime Transportation
Security Plans are required to be prepared under sub-
section (b); and

‘‘(ii) a Coast Guard official who shall be the Federal
Maritime Security Coordinator for each such area.
‘‘(H) A risk-based system for evaluating the potential for

violations of security zones designated by the Secretary on
the waters subject to the jurisdiction of the United States.

‘‘(I) A recognition of certified systems of intermodal
transportation.

‘‘(J) A plan for ensuring that the flow of cargo through
United States ports is reestablished as efficiently and quickly
as possible after a transportation security incident.
‘‘(3) The Secretary shall, as the Secretary considers advisable,

revise or otherwise amend the National Maritime Transportation
Security Plan.

‘‘(4) Actions by Federal agencies to deter and minimize damage
from a transportation security incident shall, to the greatest extent
possible, be in accordance with the National Maritime Transpor-
tation 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 sub-
section (a)(2)(G) for an area shall—

‘‘(A) submit to the Secretary an Area Maritime Transpor-
tation Security Plan for the area; and

‘‘(B) solicit advice from the Area Security Advisory Com-
mittee 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 Depart-
ment of Defense on matters relating to Department of Defense
facilities and vessels;

‘‘(E) include any other information the Secretary requires;
and

‘‘(F) be updated at least every 5 years by the Federal
Maritime Security Coordinator.
‘‘(3) The Secretary shall—

‘‘(A) review and approve Area Maritime Transportation
Security Plans under this subsection; and

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116 STAT. 2071PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(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 secu-
rity 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 prac-
ticable.

‘‘(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 commu-
nications between that individual and the appropriate Federal
official and the persons providing personnel and equipment
pursuant to subparagraph (C);

‘‘(C) include provisions for—
‘‘(i) establishing and maintaining physical security,

passenger and cargo security, and personnel security;
‘‘(ii) establishing and controlling access to secure areas

of the vessel or facility;
‘‘(iii) procedural security policies;
‘‘(iv) communications systems; and
‘‘(v) other security systems;

‘‘(D) identify, and ensure by contract or other means
approved by the Secretary, the availability of security measures
necessary to deter to the maximum extent practicable a
transportation security incident or a substantial threat of such
a security incident;

‘‘(E) describe the training, periodic unannounced drills, and
security actions of persons on the vessel or at the facility,
to be carried out under the plan to deter to the maximum
extent practicable a transportation security incident, or a
substantial threat of such a security incident;

‘‘(F) be updated at least every 5 years; and
‘‘(G) be resubmitted for approval of each change to the

vessel or facility that may substantially affect the security
of the vessel or facility.
‘‘(4) The Secretary shall—

‘‘(A) promptly review each such plan;

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116 STAT. 2072 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(B) require amendments to any plan that does not meet
the requirements of this subsection;

‘‘(C) approve any plan that meets the requirements of this
subsection; and

‘‘(D) review each plan periodically thereafter.
‘‘(5) A vessel or facility for which a plan is required to be

submitted under this subsection may not operate after the end
of the 12-month period beginning on the date of the prescription
of interim final regulations on vessel and facility security plans,
unless—

‘‘(A) the plan has been approved by the Secretary; and
‘‘(B) the vessel or facility is operating in compliance with

the plan.
‘‘(6) Notwithstanding paragraph (5), the Secretary may

authorize a vessel or facility to operate without a security plan
approved under this subsection, until not later than 1 year after
the date of the submission to the Secretary of a plan for the
vessel or facility, if the owner or operator of the vessel or facility
certifies that the owner or operator has ensured by contract or
other means approved by the Secretary to deter to the maximum
extent practicable a transportation security incident or a substantial
threat of such a security incident.

‘‘(7) The Secretary shall require each owner or operator of
a vessel or facility located within or adjacent to waters subject
to the jurisdiction of the United States to implement any necessary
interim security measures, including cargo security programs, to
deter to the maximum extent practicable a transportation security
incident until the security plan for that vessel or facility operator
is approved.

‘‘(d) NONDISCLOSURE OF INFORMATION.—Notwithstanding any
other provision of law, information developed under this chapter
is not required to be disclosed to the public, including—

‘‘(1) facility security plans, vessel security plans, and port
vulnerability assessments; and

‘‘(2) other information related to security plans, procedures,
or programs for vessels or facilities authorized under this
chapter.

‘‘§ 70104. Transportation security incident response
‘‘(a) FACILITY AND VESSEL RESPONSE PLANS.—The Secretary

shall—
‘‘(1) establish security incident response plans for vessels

and facilities that may be involved in a transportation security
incident; and

‘‘(2) make those plans available to the Director of the
Federal Emergency Management Agency for inclusion in the
Director’s response plan for United States ports and waterways.
‘‘(b) CONTENTS.—Response plans developed under subsection

(a) shall provide a comprehensive response to an emergency,
including notifying and coordinating with local, State, and Federal
authorities, including the Director of the Federal Emergency
Management Agency, securing the facility or vessel, and evacuating
facility and vessel personnel.

‘‘(c) INCLUSION IN SECURITY PLAN.—A response plan required
under this subsection for a vessel or facility may be included in
the security plan prepared under section 70103(c).

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116 STAT. 2073PUBLIC LAW 107–295—NOV. 25, 2002

‘‘§ 70105. Transportation security cards
‘‘(a) PROHIBITION.—(1) The Secretary shall prescribe regulations

to prevent an individual from entering an area of a vessel or
facility that is designated as a secure area by the Secretary for
purposes of a security plan for the vessel or facility that is approved
by the Secretary under section 70103 of this title unless the
individual—

‘‘(A) holds a transportation security card issued under this
section and is authorized to be in the area in accordance with
the plan; or

‘‘(B) is accompanied by another individual who holds a
transportation security card issued under this section and is
authorized to be in the area in accordance with the plan.
‘‘(2) A person shall not admit an individual into such a secure

area unless the entry of the individual into the area is in compliance
with paragraph (1).

‘‘(b) ISSUANCE OF CARDS.—(1) The Secretary shall issue a
biometric transportation security card to an individual specified
in paragraph (2), unless the Secretary decides that the individual
poses a security risk under subsection (c) warranting denial of
the card.

‘‘(2) This subsection applies to—
‘‘(A) an individual allowed unescorted access to a secure

area designated in a vessel or facility security plan approved
under section 70103 of this title;

‘‘(B) an individual issued a license, certificate of registry,
or merchant mariners document under part E of subtitle II
of this title;

‘‘(C) a vessel pilot;
‘‘(D) an individual engaged on a towing vessel that pushes,

pulls, or hauls alongside a tank vessel;
‘‘(E) an individual with access to security sensitive informa-

tion 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 indi-
vidual 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 pre-

ceding 5-year period for committing a felony described in
subparagraph (A);

‘‘(C) may be denied admission to the United States or
removed from the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); or

‘‘(D) otherwise poses a terrorism security risk to the United
States.
‘‘(2) The Secretary shall prescribe regulations that establish

a waiver process for issuing a transportation security card to an
individual found to be otherwise ineligible for such a card under

Regulations.

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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 disquali-
fying 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 ter-
rorism 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 arrange-
ments 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 deter-
mined, under section 5103a of title 49, that the individual does
not pose a security risk.

‘‘(d) BACKGROUND RECORDS CHECK.—(1) On request of the Sec-
retary, 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 data-

bases to determine the status of the alien under the immigra-
tion 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 informa-
tion or database identified by the Attorney General for purposes
of such a background records check.
‘‘(e) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMA-

TION.—(1) Information obtained by the Attorney General or the
Secretary under this section may not be made available to the
public, including the individual’s employer.

‘‘(2) Any information constituting grounds for denial of a
transportation security card under this section shall be maintained
confidentially by the Secretary and may be used only for making
determinations under this section. The Secretary may share any
such information with other Federal law enforcement agencies.
An individual’s employer may only be informed of whether or not
the individual has been issued the card under this section.

‘‘(f) DEFINITION.—In this section, the term ‘alien’ has the
meaning given the term in section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3)).’’.

‘‘§ 70106. Maritime safety and security teams
‘‘(a) IN GENERAL.—To enhance the domestic maritime security

capability of the United States, the Secretary shall establish such
maritime safety and security teams as are needed to safeguard
the public and protect vessels, harbors, ports, facilities, and cargo
in waters subject to the jurisdiction of the United States from

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116 STAT. 2075PUBLIC LAW 107–295—NOV. 25, 2002

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 estab-
lished 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 coordi-
nate its activities with other Federal, State, and local law enforce-
ment and emergency response agencies.

‘‘§ 70107. Grants
‘‘(a) IN GENERAL.—The Secretary of Transportation, acting

through the Maritime Administrator, shall establish a grant pro-
gram for making a fair and equitable allocation among port authori-
ties, 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 pro-
gram shall take into account national economic and strategic
defense considerations.

‘‘(b) ELIGIBLE COSTS.—The following costs of funding the correc-
tion 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 man-
dated security personnel.

‘‘(2) The cost of acquisition, operation, and maintenance
of security equipment or facilities to be used for security moni-
toring 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.

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116 STAT. 2076 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(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 require-

ments for grants under subsection (a) for projects costing
not more than $25,000.

‘‘(B) HIGHER LEVEL OF SUPPORT REQUIRED.—If the Sec-
retary 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 Sec-
retary 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 REIMBURSE-
MENT.—Each application for payment or reimbursement of
eligible costs shall include, at a minimum, the following:

‘‘(A) A copy of the applicable Area Maritime Transpor-
tation 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 compli-
ance with Area Maritime Transportation Security Plans
and facility security plans.
‘‘(3) PROCEDURAL SAFEGUARDS.—The Secretary of Transpor-

tation 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 prop-
erly 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 Sec-
retary of Transportation is satisfied that—

‘‘(A) the project is consistent with Coast Guard vulner-
ability assessments and ensures compliance with Area

Regulations.

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116 STAT. 2077PUBLIC LAW 107–295—NOV. 25, 2002

Maritime Transportation Security Plans and facility secu-
rity plans;

‘‘(B) enough money is available to pay the project costs
that will not be reimbursed by the United States Govern-
ment 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 Gen-
eral of the United States, or the Inspector General of the Depart-
ment 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 Rep-
resentatives 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 secu-
rity plans for fiscal years 2003 through 2008; and

‘‘(B) includes projected funding proposals for fiscal
years 2003 through 2008 for the following security pro-
grams:

‘‘(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 Transpor-
tation 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 Rep-
resentatives Committee on Transportation and Infrastructure,
on progress in achieving compliance with the correction of
Coast Guard identified vulnerabilities in port security and
compliance with Area Maritime Transportation Security Plans
and facility security plans that—

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116 STAT. 2078 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(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 imple-
menting 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 Transpor-
tation 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 SECU-
RITY.—

‘‘(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 estab-
lish competitive procedures for awarding grants under the pro-
gram and criteria for grant applications and eligibility.

‘‘(2) USE OF FUNDS.—Grants awarded pursuant to para-
graph (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 ship-
ping containers to track the transportation of the merchan-
dise 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 acciden-
tally released; or

‘‘(F) applications to apply existing technologies from
other industries to increase overall port security.
‘‘(3) ADMINISTRATIVE PROVISIONS.—

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116 STAT. 2079PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(A) NO DUPLICATION OF EFFORT.—Before making any
grant, the Secretary of Transportation shall coordinate with
other Federal agencies to ensure the grant will not be
used for research and development that is already being
conducted with Federal funding.

‘‘(B) ACCOUNTING.—The Secretary of Transportation
shall by regulation establish accounting, reporting, and
review procedures to ensure that funds made available
under paragraph (1) are used for the purpose for which
they were made available, that all expenditures are prop-
erly 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 Gen-
eral 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 author-

ized 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 sub-

section (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

Regulations.

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116 STAT. 2080 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(B) to identify foreign ports that pose a high risk
of introducing terrorism to international maritime com-
merce;
‘‘(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 assess-

ment 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 pro-
gram for ports in foreign countries that are found under section
70108 to lack effective antiterrorism measures.

‘‘§ 70110. Actions when foreign ports not maintaining effec-
tive 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 ineffec-
tive 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 imme-

diately 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 crew-
members on vessels calling at United States ports to carry and

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116 STAT. 2081PUBLIC LAW 107–295—NOV. 25, 2002

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 rec-
ommendations to the Secretary on matters relating to national
maritime security matters;

‘‘(B) may make available to the Congress recommendations
that the Committee makes to the Secretary; and

‘‘(C) shall meet at the call of—
‘‘(i) the Secretary, who shall call such a meeting at

least once during each calendar year; or
‘‘(ii) a majority of the Committee.

‘‘(2)(A) The Secretary may—
‘‘(i) establish an Area Maritime Security Advisory Com-

mittee 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 rec-

ommendations to the Secretary on matters relating to maritime
security in that area;

‘‘(ii) may make available to the Congress recommendations
that the committee makes to the Secretary; and

‘‘(iii) shall meet at the call of—
‘‘(I) the Secretary, who shall call such a meeting at

least once during each calendar year; or
‘‘(II) a majority of the committee.

‘‘(b) MEMBERSHIP.—(1) Each of the committees established
under subsection (a) shall consist of not less than 7 members
appointed by the Secretary, each of whom has at least 5 years
practical experience in maritime security operations.

‘‘(2) The term of each member shall be for a period of not
more than 5 years, specified by the Secretary.

‘‘(3) Before appointing an individual to a position on such a
committee, the Secretary shall publish a notice in the Federal
Register soliciting nominations for membership on the committee.

‘‘(4) The Secretary may require an individual to have passed
an appropriate security background examination before appoint-
ment to the Committee.

‘‘(c) CHAIRPERSON AND VICE CHAIRPERSON.—(1) Each committee
established under subsection (a) shall elect 1 of its members as
the Chairman and 1 of its members as the Vice Chairperson.

‘‘(2) The Vice Chairman shall act as Chairman in the absence
or incapacity of the Chairman, or in the event of a vacancy in
the office of the Chairman.

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116 STAT. 2082 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(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 com-
mittee established under this section, when attending meetings
of the committee or when otherwise engaged in the business of
the committee, is entitled to receive—

‘‘(A) compensation at a rate fixed by the Secretary, not
exceeding the daily equivalent of the current rate of basic
pay in effect for GS–15 of the General Schedule under section
5332 of title 5 including travel time; and

‘‘(B) travel or transportation expenses under section 5703
of title 5.
‘‘(2) A member of such a committee shall not be considered

to be an officer or employee of the United States for any purpose
based on their receipt of any payment under this subsection.

‘‘(g) FACA; TERMINATION.—(1) The Federal Advisory Committee
Act (5 U.S.C. App.)—

‘‘(A) applies to the National Maritime Security Advisory
Committee established under this section, except that such
committee terminates on September 30, 2008; and

‘‘(B) does not apply to Area Maritime Security Advisory
Committees established under this section.
‘‘(2) Not later than September 30, 2006, each committee estab-

lished under this section shall submit to the Congress its rec-
ommendation 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, pas-
sengers, cargo, and intermodal shipments.

‘‘(b) CONSULTATION.—In developing the information system
under subsection (a), the Secretary shall consult with the Transpor-
tation Security Oversight Board and other departments and agen-
cies, 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 pro-
vided by other Federal departments and agencies.

‘‘§ 70114. Automatic identification systems
‘‘(a) SYSTEM REQUIREMENTS.—(1) Subject to paragraph (2), the

following vessels, while operating on the navigable waters of the
United States, shall be equipped with and operate an automatic
identification system under regulations prescribed by the Secretary:

‘‘(A) A self-propelled commercial vessel of at least 65 feet
overall in length.

Regulations.

Deadline.

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116 STAT. 2083PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(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 oper-
ation 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 auto-

mated 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 phys-
ical 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 compli-
ance with this program; and

‘‘(5) any other measures the Secretary considers necessary
to ensure the security and integrity of international intermodal
transport movements.

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116 STAT. 2084 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘§ 70117. Civil penalty
‘‘Any person that violates this chapter or any regulation under

this chapter shall be liable to the United States for a civil penalty
of not more than $25,000 for each violation.’’.

(b) CONFORMING AMENDMENT.—The table of subtitles at the
beginning of title 46, United States Code, is amended by adding
at the end the following:
‘‘VI. MISCELLANEOUS ……………………………………………………………………………70101’’.

(c) DEADLINE.—The Secretary shall establish the plans required
under section 70104(a)(1) of title 46, United States Code, as enacted
by this Act, before April 1, 2003.

(d) RULEMAKING REQUIREMENTS.—
(1) INTERIM FINAL RULE AUTHORITY.—The Secretary shall

issue an interim final rule as a temporary regulation imple-
menting 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 amend-
ments made by this section) as soon as practicable after the
date of enactment of this section. The final rule issued pursuant
to that rulemaking may supersede the interim final rule
promulgated under this subsection.
(e) PHASE-IN OF AUTOMATIC IDENTIFICATION SYSTEM.—

(1) SCHEDULE.—Section 70114 of title 46, United States
Code, as enacted by this Act, shall apply as follows:

(A) On and after January 1, 2003, to any vessel built
after that date.

(B) On and after July 1, 2003, to any vessel built
before the date referred to in subparagraph (A) that is—

(i) a passenger vessel required to carry a certificate
under the International Convention for the Safety of
Life at Sea, 1974 (SOLAS);

(ii) a tanker; or
(iii) a towing vessel engaged in moving a tank

vessel.
(C) On and after December 31, 2004, to all other vessels

built before the date referred to in subparagraph (A).
(2) DEFINITION.—The terms in this subsection have the

same meaning as those terms have under section 2101 of title
46, United States Code.

SEC. 103. INTERNATIONAL SEAFARER IDENTIFICATION.

(a) TREATY INITIATIVE.—The Secretary of the department in
which the Coast Guard is operating is encouraged to negotiate
an international agreement, or an amendment to an international
agreement, that provides for a uniform, comprehensive, inter-
national 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.

46 USC 70111
note.

46 USC 70114
note.

46 USC 70101
note.

46 USC 70104
note.

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116 STAT. 2085PUBLIC LAW 107–295—NOV. 25, 2002

(b) LEGISLATIVE ALTERNATIVE.—If the Secretary fails to com-
plete 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 legisla-
tion 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) APPLICA-
TION 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 effective-
ness of any end-strength limitation with respect to that fiscal year
prescribed by law for any military or civilian component of the
Coast Guard, for a period not to exceed 6 months after the end
of the war or termination of the national emergency.’’.

(b) OFFICERS IN COAST GUARD RESERVE.—Section 724 of title
14, United States Code, is amended by adding at the end thereof
the following:

‘‘(c) DEFERRAL OF LIMITATION.—If at the end of any fiscal year
there is in effect a declaration of war or national emergency, the
President may defer the effectiveness of any end-strength limitation
with respect to that fiscal year prescribed by law for any military
or civilian component of the Coast Guard Reserve, for a period
not to exceed 6 months after the end of the war or termination
of the national emergency.’’.

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116 STAT. 2086 PUBLIC LAW 107–295—NOV. 25, 2002

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 para-
graphs (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 other-
wise provided in section 23, and for other uses not incon-
sistent with the purposes of this Act, including transpor-
tation 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 compo-
nents and equipment, including pipelines, pumping or com-
pressor stations, service platforms, buoys, mooring lines,
and similar facilities that are proposed or approved for
construction and operation as part of a deepwater port,
to the extent that they are located seaward of the high
water mark and do not include interconnecting facilities;
and

‘‘(D) shall be considered a ‘new source’ for purposes
of the Clean Air Act (42 U.S.C. 7401 et seq.), and the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.);’’; and
(3) by inserting after paragraph (12) the following:
‘‘(13) ‘natural gas’ means either natural gas unmixed, or

any mixture of natural or artificial gas, including compressed
or liquefied natural gas;’’.
(c) FACILITY APPROVAL.—(1) Section 5(d) of the Deepwater Port

Act of 1974 (33 U.S.C. 1504(d)) is amended by adding at the end
the following:

‘‘(4) This subsection shall not apply to deepwater ports for
natural gas.’’.

(2) Section 5(i) of the Deepwater Port Act of 1974 (33 U.S.C.
1504(i)) is amended by adding at the end the following:

‘‘(4) The Secretary shall approve or deny any application for
a deepwater port for natural gas submitted pursuant to this Act
not later than 90 days after the last public hearing on a proposed
license. Paragraphs (1), (2), and (3) of this subsection shall not
apply to an application for a deepwater port for natural gas.’’.

Deadline.

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116 STAT. 2087PUBLIC LAW 107–295—NOV. 25, 2002

(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 condi-
tions imposed by the licensee, if such use does not otherwise inter-
fere in any way with the acceptance, transport, storage, regasifi-
cation, 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 Nat-
ural 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, stor-
age, regasification, or conveyance of natural gas at or through
a deepwater port, to the exclusion of the Natural Gas Act or
any regulation or rule issued thereunder.’’.

(e) REGULATIONS.—
(1) AGENCY AND DEPARTMENT EXPERTISE AND RESPONSIBIL-

ITIES.—Not later than 30 days after the date of the enactment
of this Act, the heads of Federal departments or agencies having
expertise concerning, or jurisdiction over, any aspect of the
construction or operation of deepwater ports for natural gas
shall transmit to the Secretary of Transportation written com-
ments as to such expertise or statutory responsibilities pursu-
ant 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 depart-
ments, shall comply with the National Environmental Policy Act
of 1969 (42 U.S.C. 4332). Such compliance shall fulfill the require-
ment of all Federal agencies in carrying out their responsibilities
under the National Environmental Policy Act of 1969 pursuant
to this Act.’’.

Deadline.

43 USC 1504
note.

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116 STAT. 2088 PUBLIC LAW 107–295—NOV. 25, 2002

(g) STATE FEES.—Section 5(h)(2) of the Deepwater Port Act
of 1974 (33 U.S.C. 1504(h)(2)) is amended by inserting ‘‘and unless
prohibited by law,’’ after ‘‘Notwithstanding any other provision of
this Act,’’.
SEC. 107. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MAR-

SHALS AND ENHANCED USE OF OTHER SECURITY PER-
SONNEL.

(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 secu-
rity incidents, as defined in section 70101 of title 46, United
States Code.’’.
(b) REPORT ON USE OF NON-COAST GUARD PERSONNEL.—The

Secretary of the department in which the Coast Guard is operating
shall evaluate and report to the Congress on—

(1) the potential use of Federal, State, or local government
personnel, and documented United States Merchant Marine
personnel, to supplement Coast Guard personnel under section
7(b)(3) of the Ports and Waterways Safety Act (33 U.S.C.
1226(b)(3));

(2) the possibility of using personnel other than Coast
Guard personnel to carry out Coast Guard personnel functions
under that section and whether additional legal authority would
be necessary to use such personnel for such functions; and

(3) the possibility of utilizing the United States Merchant
Marine Academy, State maritime academies, or Coast Guard
approved maritime industry schools in the United States, to
provide training under that section.

SEC. 108. TECHNICAL AMENDMENTS CONCERNING THE TRANS-
MITTAL 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
(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 arrange-
ment 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.

19 USC 1431a.

33 USC 1226
note.

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116 STAT. 2089PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(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). Not-
withstanding the preceding sentence, it shall be the responsi-
bility 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 com-
prised 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 oper-
ator at different times as part of a single shipment.’’.
(b) MANDATORY ADVANCED ELECTRONIC INFORMATION.—Section

343(a) of the Trade Act of 2002 (Public Law 107–210) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—(A) Subject to paragraphs (2) and (3),

the Secretary is authorized to promulgate regulations providing
for the transmission to the Customs Service, through an elec-
tronic data interchange system, of information pertaining to
cargo to be brought into the United States or to be sent from
the United States, prior to the arrival or departure of the
cargo.

‘‘(B) The Secretary shall endeavor to promulgate an initial
set of regulations under subparagraph (A) not later than
October 1, 2003.’’.

(2) by striking paragraph (2) and inserting the following:
‘‘(2) INFORMATION REQUIRED.—The cargo information

required by the regulations promulgated pursuant to paragraph
(1) under the parameters set forth in paragraph (3) shall be
such information on cargo as the Secretary determines to be
reasonably necessary to ensure cargo safety and security pursu-
ant to those laws enforced and administered by the Customs
Service. The Secretary shall provide to appropriate Federal
departments and agencies cargo information obtained pursuant
to paragraph (1).’’; and

(3) in paragraph (3)—
(A) by striking ‘‘aviation, maritime, and surface

transportation safety and security’’ in subparagraphs (F),
(H), and (L)(ii) and inserting ‘‘cargo safety and security’’;

(B) in subparagraph (F)—
(i) by inserting ‘‘merchandise’’ after ‘‘determining’’;
(ii) by inserting ‘‘and preventing smuggling’’ after

‘‘security’’; and
(iii) by adding at the end the following: ‘‘Notwith-

standing 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 regula-
tions promulgated thereunder.’’;
(C) in subparagraph (G)—

Regulations.
Deadline.

19 USC 2071
note.

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116 STAT. 2090 PUBLIC LAW 107–295—NOV. 25, 2002

(i) in the first sentence—
(I) by inserting ‘‘cargo’’ after ‘‘confidential’’;

and
(II) by inserting after ‘‘Customs Service’’ the

following: ‘‘pursuant to such regulations, except
for the manifest information collected pursuant
to section 431 of the Tariff Act of 1930 and required
to be available for public disclosure pursuant to
section 431(c) of such Act.’’; and
(ii) by striking the second sentence; and

(D) in subparagraph (L)—
(i) in the matter preceding clause (i)—

(I) by striking ‘‘60’’ and inserting ‘‘15’’; and
(II) by striking ‘‘promulgation of regulations’’

and inserting ‘‘publication of a final rule pursuant
to this section’’;
(ii) by striking ‘‘and’’ at the end of clause (iii);
(iii) by striking the period and inserting ‘‘; and’’

at the end of clause (iv); and
(iv) by inserting at the end the following:
‘‘(v) if the Secretary determines to amend the pro-

posed 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.’’.

SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING.

(a) IN GENERAL.—
(1) DEVELOPMENT OF STANDARDS.—Not later than 6 months

after the date of enactment of this Act, the Secretary of
Transportation shall develop standards and curriculum to allow
for the training and certification of maritime security profes-
sionals. 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

Deadline.
46 USC 70101
note.

19 USC 2071.

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116 STAT. 2091PUBLIC LAW 107–295—NOV. 25, 2002

check process for personnel trained and certified in foreign
ports.

(2) The training of students and instructors in all aspects
of prevention, detection, investigation, and reporting of criminal
activities in the international maritime environment.

(3) The provision of off-site training and certification
courses and certified personnel at United States and foreign
ports used by United States-flagged vessels, or by foreign-
flagged vessels with United States citizens as passengers or
crewmembers, to develop and enhance security awareness and
practices.
(c) TRAINING PROVIDED TO LAW ENFORCEMENT AND SECURITY

PERSONNEL.—
(1) IN GENERAL.—The Secretary is authorized to make the

training opportunities provided under this section available
to any Federal, State, local, and private law enforcement or
maritime security personnel in the United States or to per-
sonnel 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 secu-
rity 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 appro-
priated 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 Transpor-
tation Security Act of 2002, the Secretary shall include a description
of activities undertaken under title I of that Act and an analysis
of the effect of those activities on port security against acts of
terrorism.’’.

(b) REPORT ON TRAINING CENTER.—The Commandant of the
United States Coast Guard, in conjunction with the Secretary of
the Navy, shall submit to Congress a report, at the time they
submit their fiscal year 2005 budget, on the life cycle costs and
benefits of creating a Center for Coastal and Maritime Security.
The purpose of the Center would be to provide an integrated
training complex to prevent and mitigate terrorist threats against
coastal and maritime assets of the United States, including ports,
harbors, ships, dams, reservoirs, and transport nodes.

46 USC 70101
note.

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116 STAT. 2092 PUBLIC LAW 107–295—NOV. 25, 2002

(c) REPORT ON SECURE SYSTEM OF TRANSPORTATION PRO-
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 require-
ments 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.

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 Board, shall—

(1) develop and maintain an antiterrorism cargo identifica-
tion, 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.

SEC. 112. REPORT ON FOREIGN-FLAG VESSELS.

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 Representa-
tives that lists the following information:

(1) A list of all nations whose flag vessels have entered
United States ports in the previous year.

46 USC 70101
note.
Deadline.

46 USC 70116
note.

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116 STAT. 2093PUBLIC LAW 107–295—NOV. 25, 2002

(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 registra-
tion or classification of their flag vessels;

(C) whose vessel registration or classification proce-
dures have been found by the Secretary to be noncompliant
with international classifications or do not exercise ade-
quate 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 agree-
ments at the International Maritime Organization under sec-
tion 902 of the International Maritime and Port Security Act
(46 U.S.C. App. 1801), to improve transparency and security
of vessel registration procedures in nations on the list under
paragraph (2).

(4) Recommendations for legislative or other actions needed
to improve security of United States ports against potential
threats posed by flag vessels of nations named in paragraph
(2).

SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE.

The Secretary of Transportation, acting through the Maritime
Administration and after consultation with the National Maritime
Security Advisory Committee and the Coast Guard, shall publish
a revised version of the document entitled ‘‘Port Security: A National
Planning Guide’’, incorporating the requirements prescribed under
chapter 701 of title 46, United States Code, as amended by this
Act, within 3 years after the date of enactment of this Act, and
make that revised document available on the Internet.

TITLE II—MARITIME POLICY
IMPROVEMENT

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Maritime Policy Improvement
Act of 2002’’.

SEC. 202. VESSEL COASTAL VENTURE.

Section 1120(g) of the Coast Guard Authorization Act of 1996
(Public Law 104–324; 110 Stat. 3978) is amended by inserting
‘‘COASTAL VENTURE (United States official number 971086),’’
after ‘‘vessels’’.

SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL
WALL OF HONOR.

(a) FINDINGS.—The Congress finds that—

46 USC 2101
note.

Maritime Policy
Improvement Act
of 2002.

46 USC 70103
note.

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116 STAT. 2094 PUBLIC LAW 107–295—NOV. 25, 2002

(1) the United States Merchant Marine has served the
people of the United States in all wars since 1775;

(2) the United States Merchant Marine served as the
Nation’s first navy and defeated the British Navy to help gain
the Nation’s independence;

(3) the United States Merchant Marine kept the lifeline
of freedom open to the allies of the United States during the
Second World War, making one of the most significant 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 Amer-
ican 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 activi-
ties carried out with a grant made under this section shall
be 50 percent.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this section $500,000 for
fiscal year 2003.

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.

33 USC 1902a.

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116 STAT. 2095PUBLIC LAW 107–295—NOV. 25, 2002

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 mari-
time 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 docu-
mentation has been filed, under chapter 121’’.

section (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 indi-
vidual 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 dec-
laration 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 jurisdic-
tion over a civil action in Admiralty to declare that a vessel is
not subject to a lien claimed under subsection (b) of this section,
or that the vessel is not subject to the notice of claim of lien,
or both, regardless of the amount in controversy or the citizenship
of the parties. Venue in such an action shall be in the district
where the vessel is found or where the claimant resides or where
the notice of claim of lien is recorded. The court may award costs
and attorneys fees to the prevailing party, unless the court finds
that the position of the other party was substantially justified
or other circumstances make an award of costs and attorneys fees
unjust. The Secretary shall record any such declaratory order.’’.

(E) By adding at the end the following:
‘‘(e) A notice of claim of lien recorded under subsection (b)

of this section shall expire 3 years after the date the lien was
established, as such date is stated in the notice under subsection
(a) of this section.

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116 STAT. 2096 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(f) This section does not alter in any respect the law pertaining
to the establishment of a maritime lien, the remedy provided by
such a lien, or the defenses thereto, including any defense under
the doctrine of laches.’’.

(2) CLERICAL AMENDMENT.—The table of sections for
chapter 313 of title 46, United States Code, is amended by
striking the item relating to section 31343 and inserting the
following:

‘‘31343. Recording and discharging notices of claim of maritime lien.’’.

(b) NOTICE REQUIREMENTS.—Section 31325 of title 46, United
States Code, is amended as follows:

(1) In subsection (d)(1)(B) by striking ‘‘a notice of a claim’’
and inserting ‘‘an unexpired notice of a claim’’.

(2) In subsection (f)(1) by striking ‘‘a notice of a claim’’
and inserting ‘‘an unexpired notice of a claim’’.
(c) APPROVAL OF SURRENDER OF DOCUMENTATION.—Section

12111 of title 46, United States Code, is amended by adding at
the end the following:

‘‘(d)(1) The Secretary shall not refuse to approve the surrender
of the certificate of documentation for a vessel solely on the basis
that a notice of a claim of a lien on the vessel has been recorded
under section 31343(a) of this title.

‘‘(2) The Secretary may condition approval of the surrender
of the certificate of documentation for a vessel over 1,000 gross
tons.’’.

(d) TECHNICAL CORRECTION.—Section 9(c) of the Shipping Act,
1916 (46 App. U.S.C. 808(c)) is amended in the matter preceding
paragraph (1) by striking ‘‘Except’’ and all that follows through
‘‘12106(e) of title 46,’’ and inserting ‘‘Except as provided in section
611 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1181) and
in section 12106(e) of title 46,’’.

(e) EFFECTIVE DATE.—This section shall take effect January
1, 2003.
SEC. 206. TONNAGE OF R/V DAVIDSON.

(a) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall prescribe a tonnage measure-
ment 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).

46 USC 12111
note.

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116 STAT. 2097PUBLIC LAW 107–295—NOV. 25, 2002

(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).

(1) REPEAL OF SUNSET.—Section 505 of the Coast Guard
Authorization Act of 1998 (46 U.S.C. 12106 note) is repealed.
The repeal of section 505 shall have no effect on the validity
of any certificate or endorsement issued under section 502
of that Act.

(2) REVOCATION FOR FRAUD.—Section 503 of the Coast
Guard Authorization Act of 1998 (46 U.S.C. 12106 note) is
amended to read as follows:

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116 STAT. 2098 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘SEC. 503. REVOCATION.

‘‘(a) REVOCATION FOR FRAUD.—The Secretary shall revoke a
certificate or an endorsement issued under section 502, after notice
and an opportunity for a hearing, if the Secretary determines that
the certificate or endorsement was obtained by fraud.

‘‘(b) APPLICATION WITH CRIMINAL PENALTIES.—Nothing in this
section affects—

‘‘(1) the criminal prohibition on fraud and false statements
provided by section 1001 of title 18, United States Code; or

‘‘(2) any other authority of the Secretary to revoke a certifi-
cate 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 trans-
porting guests for such demonstration who have not contributed
consideration for their passage) for the vessel FOILCAT (United
States official number 1063892).
SEC. 208. EXEMPTION FOR VICTORY SHIPS.

Section 3302(l)(1) of title 46, United States Code, is amended
by adding at the end the following:

‘‘(D) The SS Red Oak Victory (United States official number
249410), owned by the Richmond Museum Association, located
in Richmond, California.

‘‘(E) The SS American Victory (United States official
number 248005), owned by Victory Ship, Inc., of Tampa,
Florida.

‘‘(F) The LST–325, owned by USS LST Ship Memorial,
Incorporated, located in Mobile, Alabama.’’.

SEC. 209. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.

(a) DOCUMENTATION CERTIFICATE.—Notwithstanding section
12106 of title 46, United States Code, and section 27 of the Mer-
chant Marine Act, 1920 (46 App. U.S.C. 883), and subject to sub-
section (c) of this section, the Secretary of the department in which
the Coast Guard is operating may issue a certificate of documenta-
tion with an appropriate endorsement for employment in the coast-
wise 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 mate-
rials associated with that use.
SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), chapter 121 of title 46, United States Code,

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116 STAT. 2099PUBLIC LAW 107–295—NOV. 25, 2002

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, Cali-
fornia, 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 States-
documented vessel with the capacity to transport and launch the
platform jacket involved or its components is available to transport
that jacket or its components. In this section, the term ‘‘platform
jacket’’ has the meaning given that term under the thirteenth
proviso of section 27 of the Merchant Marine Act, 1920 (46 App.
U.S.C. 883), as amended by subsection (c) of this section.

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116 STAT. 2100 PUBLIC LAW 107–295—NOV. 25, 2002

(c) DEFINITION.—The thirteenth proviso (pertaining to transpor-
tation 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 docu-
mentation 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 infrastruc-
ture 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 Sec-
retary shall provide public notice of a waiver request and shall
provide persons who may have such suitable tank vessels an oppor-
tunity 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.

grant a waiver under subsection (a) for a self-propelled tank

46 USC app. 883.

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116 STAT. 2101PUBLIC LAW 107–295—NOV. 25, 2002

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 self-
propelled tank vessels.
(d) DETERMINATION OF WAIVER.—

(1) IN GENERAL.—A waiver grant under subsection (a) shall
terminate on the earlier of—

(A) the date established by the Secretary as its expira-
tion 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 van-
dalism, 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, super-
vise the policy activities of Assistant Secretaries with primary
responsibility for aviation, international, and other transportation
policy development and carry out other powers and duties pre-
scribed by the Secretary. The Under Secretary acts for the Secretary
when the Secretary and the Deputy Secretary are absent or unable
to serve, or when the offices of Secretary and Deputy Secretary
are vacant.’’; and

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116 STAT. 2102 PUBLIC LAW 107–295—NOV. 25, 2002

(3) by striking ‘‘Secretary and the Deputy Secretary’’ each
place it appears in the last sentence of subsection (e), and
inserting ‘‘Secretary, Deputy Secretary, and Under Secretary
of Transportation for Policy’’.
(b) POSITION IN EXECUTIVE SERVICE.—Section 5313 of title 5,

United States Code, is amended by adding at the end the following:
‘‘Under Secretary of Transportation for Policy.’’.

(c) CONFORMING AMENDMENT.—Section 102 of title 49, United
States Code, is further amended by striking subsection (g), as
redesignated by subsection (a)(1), on the date that an individual
is appointed to the position of Under Secretary of Transportation
for Policy under subsection (d) of such section, as added by sub-
section (a)(2) of this section.

TITLE III—COAST GUARD PERSONNEL
AND MARITIME SAFETY

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Coast Guard Personnel and
Maritime Safety Act of 2002’’.

Subtitle A—Personnel Management

SEC. 311. COAST GUARD BAND DIRECTOR RANK.

Section 336(d) of title 14, United States Code, is amended
by striking ‘‘commander’’ and inserting ‘‘captain’’.
SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

(a) IN GENERAL.—Section 511 of title 14, United States Code,
is amended to read as follows:

‘‘§ 511. Compensatory absence from duty for military per-
sonnel 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 sta-

tions.’’.

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 pro-
motion, 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

14 USC 1 note.

Coast Guard
Personnel and
Maritime Safety
Act of 2002.

49 USC 102 note.

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116 STAT. 2103PUBLIC LAW 107–295—NOV. 25, 2002

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 Sec-
retary pursuant to paragraph (2) to the Committee on Transpor-
tation 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 rec-
ommended 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-TO-
BRIDGE RADIOTELEPHONE ACT.

Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone Act
(33 U.S.C. 1203(b)), is amended by striking ‘‘United States inside
the lines established pursuant to section 2 of the Act of February
19, 1895 (28 Stat. 672), as amended.’’ and inserting ‘‘United States,
which includes all waters of the territorial sea of the United States
as described in Presidential Proclamation 5928 of December 27,
1988.’’.

SEC. 322. MODIFICATION OF VARIOUS REPORTING REQUIREMENTS.

(a) TERMINATION OF OIL SPILL LIABILITY TRUST FUND ANNUAL
REPORT.—The report regarding the Oil Spill Liability Trust Fund
required by the Conference Report (House Report 101–892) 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.—
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report
required to be submitted under any of the following provisions
of law:

31 USC 1113
note.

26 USC 9509
note.

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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 Pollu-
tion 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 fol-
lowing: ‘‘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 respon-
sible parties for the discharge or substantial threat of discharge.’’.
SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

(a) INTERIM MERCHANT MARINERS’ DOCUMENTS.—Section 7302
of title 46, United States Code, is amended—

(1) by striking ‘‘A’’ in subsection (f) and inserting ‘‘Except
as provided in subsection (g), a’’; and

(2) by adding at the end the following:
‘‘(g)(1) The Secretary may, pending receipt and review of

information required under subsections (c) and (d), immediately
issue an interim merchant mariner’s document valid for a period
not to exceed 120 days, to—

‘‘(A) an individual to be employed as gaming personnel,
entertainment personnel, wait staff, or other service personnel
on board a passenger vessel not engaged in foreign service,
with no duties, including emergency duties, related to the
navigation of the vessel or the safety of the vessel, its crew,
cargo or passengers; or

‘‘(B) an individual seeking renewal of, or qualifying for
a supplemental endorsement to, a valid merchant mariner’s
document issued under this section.
‘‘(2) No more than one interim document may be issued to

an individual under paragraph (1)(A) of this subsection.’’.
(b) EXCEPTION.—Section 8701(a) of title 46, United States Code,

is amended—
(1) by striking ‘‘and’’ after the semicolon in paragraph

(8);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
‘‘(9) a passenger vessel not engaged in a foreign voyage

with respect to individuals on board employed for a period
of not more than 30 service days within a 12 month period

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116 STAT. 2105PUBLIC LAW 107–295—NOV. 25, 2002

as entertainment personnel, with no duties, including emer-
gency 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 INTER-
FERING 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 rec-
reational vessel, or $25,000 in the case of any other vessel.’’.

Subtitle C—Renewal of Advisory Groups

SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COM-
MITTEE.

(a) COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COM-
MITTEE.—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 COM-
MITTEE.

Section 19(g) of the Coast Guard Authorization Act of 1991
(Public Law 102–241) is amended by striking ‘‘September 30, 2000’’
and inserting ‘‘September 30, 2005’’.

SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.

Section 5(d) of the Inland Navigational Rules Act of 1980 (33
U.S.C. 2073) is amended by striking ‘‘September 30, 2000’’ and
inserting ‘‘September 30, 2005’’.

SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

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

SEC. 336. TOWING SAFETY ADVISORY COMMITTEE.

The Act entitled ‘‘An Act to establish a Towing Safety Advisory
Committee in the Department of Transportation’’ approved October
6, 1980 (33 U.S.C. 1231a), is amended by striking ‘‘September
30, 2000.’’ in subsection (e) and inserting ‘‘September 30, 2005.’’.

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116 STAT. 2106 PUBLIC LAW 107–295—NOV. 25, 2002

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 Sup-
port 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’’.

SEC. 345. GREAT LAKES LIGHTHOUSES.

(a) FINDINGS.—The Congress finds the following:
(1) The Great Lakes are home to more than 400 light-

houses. One hundred and twenty of these maritime landmarks
are in the State of Michigan.

(2) Lighthouses are an important part of Great Lakes cul-
ture and stand as a testament to the importance of shipping
in the region’s political, economic, and social history.

14 USC 92 note.

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116 STAT. 2107PUBLIC LAW 107–295—NOV. 25, 2002

(3) Advances in navigation technology have made many
Great Lakes lighthouses obsolete. In Michigan alone, approxi-
mately 70 lighthouses will be designated as excess property
of the Federal Government and will be transferred to the Gen-
eral Services Administration for disposal.

(4) Unfortunately, the Federal property disposal process
is confusing, complicated, and not well-suited to disposal of
historic lighthouses or to facilitate transfers to nonprofit
organizations. This is especially troubling because, in many
cases, local nonprofit historical organizations have dedicated
tremendous resources to preserving and maintaining Great
Lakes lighthouses.

(5) If Great Lakes lighthouses disappear, the public will
be unaware of an important chapter in Great Lakes history.

(6) The National Trust for Historic Preservation has placed
Michigan lighthouses on their list of Most Endangered Historic
Places.
(b) ASSISTANCE FOR GREAT LAKES LIGHTHOUSE PRESERVATION

EFFORTS.—The Secretary of the department in which the Coast
Guard is operating, may—

(1) continue to offer advice and technical assistance to
organizations in the Great Lakes region that are dedicated
to lighthouse stewardship; and

(2) promptly release information regarding the timing of
designations of Coast Guard lighthouses on the Great Lakes
as excess to the needs of the Coast Guard, to enable those
organizations to mobilize and be prepared to take appropriate
action with respect to the disposal of those properties.

SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE
SYSTEM.

(a) REPORT.—The Secretary of the department in which the
Coast Guard is operating shall prepare a status report on the
modernization of the National Distress and Response System and
transmit the report, not later than 60 days after the date of enact-
ment of this Act and annually thereafter until completion of the
project, to the Committee on Commerce, Science, and Transpor-
tation 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 equip-
ment, digital recording systems, asset-tracking communications,

Deadline.

14 USC 88 note.

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116 STAT. 2108 PUBLIC LAW 107–295—NOV. 25, 2002

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 fatali-
ties 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 expedi-
tious receipt and response by appropriate Coast Guard oper-
ations centers to VHF–FM digital selective calling distress
signal; and

(9) identify actions taken to-date to implement the rec-
ommendations 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 Cor-
poration, 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 con-
sultation with the Commandant of the Coast Guard, may iden-
tify, describe, and determine the property to be conveyed under
this section. The floating docks associated with or attached
to the Naval Reserve Pier property shall remain the personal
property of the United States.
(b) LEASE TO THE UNITED STATES.—

(1) CONDITION OF CONVEYANCE.—The Naval Reserve Pier
property shall not be conveyed until the Corporation enters
into a lease agreement with the United States, the terms of
which are mutually satisfactory to the Commandant and the
Corporation, in which the Corporation shall lease a portion
of the Naval Reserve Pier property to the United States for
a term of 30 years without payment of consideration. The
lease agreement shall be executed within 12 months after the
date of enactment of this Act.

(2) IDENTIFICATION OF LEASED PREMISES.—The Secretary,
in consultation with the Commandant, may identify and
describe the leased premises and rights of access, including
the following, in order to allow the Coast Guard to operate
and perform missions from and upon the leased premises:

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116 STAT. 2109PUBLIC LAW 107–295—NOV. 25, 2002

(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 prop-
erty as the Coast Guard, in its sole discretion, may deter-
mine 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 oper-
ating 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 addi-
tional 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 Cor-
poration.
(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 pro-
vides access from, the bulkhead to the floating docks, at the
Corporation’s sole cost and expense, on the east side of the
Naval Reserve Pier property within 30 months from the date

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116 STAT. 2110 PUBLIC LAW 107–295—NOV. 25, 2002

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 improve-
ments described in paragraph (1), the Commandant may fur-
ther 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 equip-
ment at the Corporation’s sole cost and expense, maintain
such utility lines and related equipment from an agreed upon
demarcation point, and make such utility lines and equipment
available for use by the United States, if the United States
pays for its use of utilities at its sole cost and expense. The
agreement concerning the operation and maintenance of utility
lines and equipment shall be executed within 12 months after
the date of enactment of this Act.

(2) MAINTENANCE.—The Naval Reserve Pier property shall
not be conveyed until the Corporation enters into an agreement
with the United States to maintain, at the Corporation’s sole
cost and expense, the replacement bulkhead and pier on the
east side of the Naval Reserve Pier property. The agreement
concerning the maintenance of the bulkhead and pier shall
be executed within 12 months after the date of enactment
of this Act.

(3) AIDS TO NAVIGATION.—The United States shall be
required to maintain, at its sole cost and expense, any Coast
Guard active aid to navigation located upon the Naval Reserve
Pier property.
(e) ADDITIONAL RIGHTS.—The conveyance of the Naval Reserve

Pier property shall be made subject to conditions the Secretary
considers necessary to ensure that—

(1) the Corporation shall not interfere or allow interference,
in any manner, with use of the leased premises by the United
States; and

(2) the Corporation shall not interfere or allow interference,
in any manner, with any aid to navigation nor hinder activities
required for the operation and maintenance of any aid to
navigation, without the express written permission of the head
of the agency responsible for operating and maintaining the
aid to navigation.
(f) REMEDIES AND REVERSIONARY INTEREST.—The Naval

Reserve Pier property, at the option of the Secretary, shall revert
to the United States and be placed under the administrative control
of the Secretary, if, and only if, the Corporation fails to abide
by any of the terms of this section or any agreement entered
into under subsection (b), (c), or (d) of this section.

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116 STAT. 2111PUBLIC LAW 107–295—NOV. 25, 2002

(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 deter-
mined with reference to existing State or Federal law, as appro-
priate, 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
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall submit a report to the Congress
that—

(1) compares Coast Guard expenditures by mission area
on an annualized basis before and after the terrorist attacks
of September 11, 2001;

(2) estimates—
(A) annual funding amounts and personnel levels that

would restore all Coast Guard mission areas to the readi-
ness levels that existed before September 11, 2001;

(B) annual funding amounts and personnel levels
required to fulfill the Coast Guard’s additional responsibil-
ities 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.—

Deadline.
Reports.

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116 STAT. 2112 PUBLIC LAW 107–295—NOV. 25, 2002

(1) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating may convey, by an appropriate
means of conveyance, all right, title, and interest of the United
States in and to each of the following properties:

(A) Coast Guard Slip Point Light Station, located in
Clallam County, Washington, to Clallam County, Wash-
ington.

(B) The parcel of land on which is situated the Point
Piños Light, located in Monterey County, California, to
the city of Pacific Grove, California.
(2) IDENTIFICATION OF PROPERTY.—The Secretary may iden-

tify, 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 lan-
tern, 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 imme-
diately revert to the United States if—

(A) the property, or any part of the property—
(i) ceases to be available and accessible to the

public, on a reasonable basis, for educational, park,
recreational, cultural, historic preservation, or other
similar purposes specified for the property in the terms
of conveyance;

(ii) ceases to be maintained in a manner that is
consistent with its present or future use as a site
for Coast Guard aids to navigation or compliance with
this section; or

(iii) ceases to be maintained in a manner consistent
with the conditions in paragraph (4) established by
the Secretary pursuant to the National Historic
Preservation Act (16 U.S.C. 470 et seq.); or
(B) at least 30 days before that reversion, the Secretary

provides written notice to the owner that the property
is needed for national security purposes.
(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—Each

conveyance of property under this section shall be made subject
to the conditions that the Secretary considers to be necessary
to assure that—

(A) the lights, antennas, and associated equipment
located on the property conveyed that are active aids to
navigation shall continue to be operated and maintained

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116 STAT. 2113PUBLIC LAW 107–295—NOV. 25, 2002

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 sub-
section; 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 subpara-

graph (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 equip-
ment on the property, except private aids to navigation per-
mitted 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 equip-
ment, or other associated equipment which are operated or
maintained by the United States.

(2) OWNER.—The term ‘‘owner’’ means, for a property con-
veyed under this section, the person identified in subsection
(a)(1) of the property and includes any successor or assign
of that person.

TITLE IV—OMNIBUS MARITIME
IMPROVEMENTS

SEC. 401. SHORT TITLE.

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

14 USC 1 note.

Omnibus
Maritime and
Coast Guard
Improvements
Act of 2002.

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116 STAT. 2114 PUBLIC LAW 107–295—NOV. 25, 2002

concern qualified under section 8(a) of the Small Business Act
(15 U.S.C. 637(a)),’’ after ‘‘private persons’’.

(b) BUDGET AUTHORITY LIMITATION.—Section 687(f) of title 14,
United States Code, is amended by striking ‘‘$20,000,000’’ and
inserting ‘‘$40,000,000’’.

‘‘(g) DEMONSTRATION PROJECT AUTHORIZED.—To promote effi-
ciencies 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 uti-
lize, 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 con-
struct such housing through contracts with small business con-
cerns 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’’.

SEC. 403. INVENTORY OF VESSELS FOR CABLE LAYING, MAINTE-
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 inven-
tory, the Secretary shall include in the inventory—

(1) the name, length, beam, depth, and other distinguishing
characteristics of the vessel;

(2) the abilities and limitations of the vessel with respect
to the laying, maintaining, and repairing of a submarine cable;
and

(3) the name and address of the person to whom inquiries
regarding the vessel may be made.
(c) PUBLICATION.—The Secretary shall—

(1) not later than 60 days after the date of enactment
of this Act, publish in the Federal Register a current inventory
developed under subsection (a); and

(2) every 6 months thereafter, publish in the Federal Reg-
ister an updated inventory.

SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.

(a) IN GENERAL.—Except in the case of a vessel in distress,
only a vessel of the United States (as that term is defined in
section 2101 of title 46, United States Code) may perform the
following escort vessel operations within the navigable waters of
the United States:

46 USC app.
316a.

Federal Register,
publication.

Deadline.
Federal Register,
publication.

46 USC 12119
note.

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116 STAT. 2115PUBLIC LAW 107–295—NOV. 25, 2002

(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 commu-
nications), which may be adjusted based on seasonal workload.

‘‘(3) The length of time an individual may serve on watch
to minimize fatigue, based on the best scientific information
available.

‘‘(4) The scheduling of individuals having search and rescue
responsibilities to minimize fatigue of the individual when on
duty in the facility.

‘‘(5) The workload of each individual engaged in search
and rescue responsibilities in the facility.

‘‘(6) Stress management for the individuals assigned search
and rescue responsibilities in the facilities.

‘‘(7) The design of equipment and facilities to minimize
fatigue and enhance search and rescue operations.

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116 STAT. 2116 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(8) The acquisition and maintenance of interim search
and rescue command center communications equipment.

‘‘(9) Any other requirements that the Secretary believes
will increase the safe operation of the search and rescue centers.
‘‘(b) SENSE OF CONGRESS.—It is the sense of the Congress

that the Secretary should establish, implement, and maintain min-
imum 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 quar-
terly written report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure, describing the status of
implementation of the standards described in subsection (b),
including a list of the facilities at which such standards have
or have not been implemented.’’.

(b) PRESCRIPTION OF STANDARDS.—The Secretary shall prescribe
the standards required under section 675(a) of title 14, United
States Code, as enacted by subsection (a) of this section, before
January 1, 2003.

(c) CLERICAL AMENDMENT.—The table of sections for chapter
17 of title 14, United States Code, is amended by striking the
second item relating to a section 673 and the item relating to
a section 674 and inserting the following:

‘‘674. Small boat station capability.
‘‘675. Small boat station closures.
‘‘676. Search and rescue center standards.’’.

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 commu-
nications service provider also may enter into an agreement pro-
viding for VHF communications services to the Coast Guard
(including digital selective calling and radio direction finding serv-
ices) 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.

14 USC 92 note.

14 USC 676 note.

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116 STAT. 2117PUBLIC LAW 107–295—NOV. 25, 2002

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 appro-
priated 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 ‘‘Transpor-
tation 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 Secu-
rity Act (46 App. U.S.C. 1809(b)) is amended by striking ‘‘Merchant
Marine and Fisheries’’ and inserting ‘‘Transportation and Infra-
structure’’.

SEC. 409. RESTRICTION ON VESSEL DOCUMENTATION.

Section 12108(a) of title 46, United States Code, is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) was built in the United States;’’;
(2) by striking ‘‘and’’ at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following:
‘‘(4) was not forfeited to the United States Government

after July 1, 2001, for a breach of the laws of the United
States; and’’.

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116 STAT. 2118 PUBLIC LAW 107–295—NOV. 25, 2002

SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT.

The Commandant of the Coast Guard shall ensure that all
Coast Guard personnel are equipped with adequate safety equip-
ment, 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 PRO-
MOTION.

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 rec-
ommend 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 Sec-
retary, 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 contin-
ued on active duty under subsection (b) for a period that extends

14 USC 477 note.

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116 STAT. 2119PUBLIC LAW 107–295—NOV. 25, 2002

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 retire-
ment 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 PRO-
GRAM.

(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 pro-
gram

‘‘(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 edu-

cation referred to in subsection (a) at any institution of higher
education; and

‘‘(B) enter into a written agreement with the Coast Guard
described in paragraph (2).
‘‘(2) A written agreement referred to in paragraph (1)(B) is

an agreement between the member and the Secretary in which
the member agrees—

‘‘(A) to accept an appointment as a commissioned officer
in the Coast Guard Reserve, if tendered;

‘‘(B) to serve on active duty for up to five years; and
‘‘(C) under such terms and conditions as shall be prescribed

by the Secretary, to serve in the Coast Guard Reserve until
the eighth anniversary of the date of the appointment.
‘‘(c) Expenses for which financial assistance may be provided

under this section are the following:
‘‘(1) Tuition and fees charged by the institution of higher

education involved.
‘‘(2) The cost of books.
‘‘(3) In the case of a program of education leading to a

baccalaureate degree, laboratory expenses.
‘‘(4) Such other expenses as are deemed appropriate by

the Secretary.
‘‘(d) The amount of financial assistance provided to a member

under this section shall be prescribed by the Secretary, but may
not exceed $25,000 for any academic year.

‘‘(e) Financial assistance may be provided to a member under
this section for up to 5 consecutive academic years.

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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 assist-
ance 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 sub-
section (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

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116 STAT. 2121PUBLIC LAW 107–295—NOV. 25, 2002

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 fol-

lowing:
‘‘(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 enti-
tled 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 dis-
charged under chapter 11 of this title for twice failing of selection
for promotion to the next higher grade is not entitled to separation
pay under this section if the officer requested in writing or otherwise
sought not to be selected for promotion, or requested removal from
the list of selectees.’’;

(4) in section 286a—
(A) by striking ‘‘severance’’ in the section heading

and inserting ‘‘separation’’ in its place; and
(B) by striking subsections (a), (b), and (c) and inserting

the following:
‘‘(a) A regular warrant officer of the Coast Guard who is dis-

charged under section 580 of title 10, and has completed 6 or
more, but less than 20, continuous years of active service imme-
diately 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 dis-
charged under section 1165 or 1166 of title 10, and has completed
6 or more, but less than 20, continuous years of active service
immediately before that discharge is entitled to separation pay

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116 STAT. 2122 PUBLIC LAW 107–295—NOV. 25, 2002

computed under subsection (d)(1) or (d)(2) of section 1174 of title
10, as determined under regulations promulgated by the Secretary.

‘‘(c) In determining a member’s years of active service for the
purpose of computing separation pay under this section, each full
month of service that is in addition to the number of full years
of service creditable to the member is counted as one-twelfth of
a year and any remaining fractional part of a month is dis-
regarded.’’; 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 fol-

lowing:
‘‘(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 fol-

lowing:
‘‘(2) if on that date the officer is ineligible for voluntary

retirement under any law, be honorably discharged with separa-
tion 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 ‘‘sever-

ance’’ and inserting ‘‘separation’’;
(3) in the item relating to section 286a, by striking ‘‘sever-

ance’’ and inserting ‘‘separation’’; and
(4) in the item relating to section 327, by striking ‘‘sever-

ance’’ and inserting ‘‘separation’’ in its place.
(c) EFFECTIVE DATE.—The amendments made by paragraphs

(2), (3), (4), and (5) of subsection (a) shall take effect 4 years
after the date of enactment of this Act, except that subsection
(d) of section 286 of title 14, United States Code, as amended
by paragraph (3) of subsection (a) of this section, shall take effect
on the date of enactment of this Act and shall apply with respect
to conduct on or after that date. The amendments made to the
table of sections of chapter 11 of title 14, United States Code,
by paragraphs (2), (3), and (4) of subsection (b) of this section
shall take effect 4 years after the date of enactment of this Act.
SEC. 417. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE PROP-

ERTY.

(a) IN GENERAL.—Chapter 17 of title 14, United States Code,
is amended by inserting after section 672 the following:

‘‘§ 672a. Long-term lease authority for lighthouse property
‘‘(a) The Commandant of the Coast Guard may lease to non-

Federal entities, including private individuals, lighthouse property
under the administrative control of the Coast Guard for terms
not to exceed 30 years. Consideration for the use and occupancy
of lighthouse property leased under this section, and for the value

14 USC 286 note.

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116 STAT. 2123PUBLIC LAW 107–295—NOV. 25, 2002

of any utilities and services furnished to a lessee of such property
by the Commandant, may consist, in whole or in part, of non-
pecuniary remuneration including the improvement, alteration, res-
toration, rehabilitation, repair, and maintenance of the leased prem-
ises 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 Enforce-
ment 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 Sep-
tember 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 cir-
cumstances, to be prima facie evidence that a vessel is intended
to be used to commit, or to facilitate the commission of an offense
under this Act:

‘‘(1) The construction or adaptation of the vessel in a
manner that facilitates smuggling, including—

‘‘(A) the configuration of the vessel to ride low in the
water or present a low hull profile to avoid being detected
visually or by radar;

‘‘(B) the presence of any compartment or equipment
which is built or fitted out for smuggling, not including
items such as a safe or lock-box reasonably used for the
storage of personal valuables;

‘‘(C) the presence of an auxiliary tank not installed
in accordance with applicable law or installed in such a
manner as to enhance the vessel’s smuggling capability;

‘‘(D) the presence of engines that are excessively over-
powered in relation to the design and size of the vessel;

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116 STAT. 2124 PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(E) the presence of materials used to reduce or alter
the heat or radar signature of the vessel and avoid detec-
tion;

‘‘(F) the presence of a camouflaging paint scheme, or
of materials used to camouflage the vessel, to avoid detec-
tion; 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 smug-
gling tactics used to avoid detection by law enforcement authori-
ties.

‘‘(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 res-
idue.

‘‘(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 manufac-
turing or distribution activity.’’.

SEC. 419. WING-IN-GROUND CRAFT.

(a) SMALL PASSENGER VESSEL.—Section 2101(35) of title 46,
United States Code, is amended by inserting ‘‘a wing-in-ground
craft, regardless of tonnage, carrying at least one passenger for
hire, and’’ after ‘‘ ‘small passenger vessel’ means’’.

(b) WING-IN-GROUND CRAFT.—Section 2101 of title 46, United
States Code, is amended by adding at the end the following:

‘‘(48) ‘wing-in-ground craft’ means a vessel that is capable
of operating completely above the surface of the water on a
dynamic air cushion created by aerodynamic lift due to the
ground effect between the vessel and the water’s surface.’’.

SEC. 420. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR
VESSELS.

Section 31321(a)(4) of title 46, United States Code, is
amended—

(1) by striking ‘‘(A)’’; and

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116 STAT. 2125PUBLIC LAW 107–295—NOV. 25, 2002

(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 REC-

REATIONAL 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 documenta-
tion 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 docu-
mentation 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 Sec-

retary of the department in which the Coast Guard is operating
may convey to BaySail, Inc. (a nonprofit corporation established
under the laws of the State of Michigan; in this section referred
to as ‘‘BaySail’’), without monetary consideration, all right,
title, and interest of the United States in and to property
adjacent to Coast Guard Station Saginaw River, located in

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116 STAT. 2126 PUBLIC LAW 107–295—NOV. 25, 2002

Hampton Township, Michigan, as identified under paragraph
(2). No submerged lands may be conveyed under this section.

(2) IDENTIFICATION OF PROPERTY.—The Secretary, in con-
sultation with the Commandant of the Coast Guard, shall iden-
tify, 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.

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’’.

SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILITIES AND
READINESS TO FULFILL NATIONAL DEFENSE RESPON-
SIBILITIES.

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 capabili-
ties and readiness of the Coast Guard to fulfill its national defense
responsibilities.

Deadline.

14 USC 2 note.

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116 STAT. 2127PUBLIC LAW 107–295—NOV. 25, 2002

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 discrimi-
nate 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 condi-
tion.’’.

(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.

The Commandant of the Coast Guard shall not plan, imple-
ment, 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.

14 USC 93 note.

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116 STAT. 2128 PUBLIC LAW 107–295—NOV. 25, 2002

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 instruc-
tors;

(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 assist-
ance unless the acts or omissions of such pilot constitute gross
negligence or willful misconduct.’’.

(b) CLERICAL AMENDMENT.—The table of sections for chapter
23 of title 46, United States Code, is amended by adding at the
end the following:
‘‘2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots.’’.

SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON CHICAGO
LAKEFRONT.

(a) ASSISTANCE AUTHORIZED.—The Coast Guard may transfer
funds, appropriated by Public Law 107–87 for the construction
of a Coast Guard Marine Safety and Rescue Station in Chicago,
Illinois, to the City of Chicago to pay the Federal share of the
cost of a project to demolish the Old Coast Guard Station, located
at the north end of the inner Chicago Harbor breakwater at the
foot of Randolph Street, and to plan, engineer, design, and construct
a new facility at that site for use as a marine safety station
on the Chicago lakefront.

(b) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the cost of a

project carried out with assistance under this section may not
exceed one-third of the total cost of the project or $2,000,000,
whichever is less.

(2) NON-FEDERAL SHARE.—There shall not be applied to
the non-Federal share of a project carried out with assistance
under this section—

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116 STAT. 2129PUBLIC LAW 107–295—NOV. 25, 2002

(A) the value of land and existing facilities used for
the project; and

(B) any costs incurred for site work performed before
the date of the enactment of this Act, including costs for
reconstruction of the east breakwater wall and associated
utilities.

SEC. 433. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND
ASSOCIATED EQUIPMENT RECALLS.

Section 4310(c) of title 46, United States Code, is amended—
(1) in each of paragraphs (2)(A) and (2)(B) by striking

‘‘5’’ and inserting ‘‘10’’; and
(2) in each of paragraphs (1)(A), (1)(B), and (1)(C) by

inserting ‘‘by first class mail or’’ before ‘‘by certified mail’’.

SEC. 434. REPAIR OF MUNICIPAL DOCK, ESCANABA, MICHIGAN.

The Secretary of Transportation may transfer to the City of
Escanaba, Michigan, up to $300,000 of funds appropriated for Coast
Guard acquisition, construction, and improvements by Public Law
107–87, for the repair of the North wall of the municipal dock,
Escanaba, Michigan.

SEC. 435. VESSEL GLOBAL EXPLORER.

The Secretary of Transportation shall amend the certificate
of documentation of the vessel GLOBAL EXPLORER (United States
official number 556069) to state that the vessel was built in the
year 2002 in Gulfport, Mississippi.

SEC. 436. ALEUTIAN TRADE.

(a) LOADLINES.—Section 5102(b)(5)(B)(ii) of title 46, United
States Code, is amended by inserting ‘‘is not’’ after ‘‘(ii)’’.

(b) IMPLEMENTATION.—Except as provided in subsection (c),
a fish tender vessel that before January 1, 2003, transported cargo
(not including fishery related products) in the Aleutian trade is
subject to chapter 51 of title 46, United States Code (as amended
by subsection (a) of this section).

(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 para-
graph (1), a Coast Guard official who has reason to believe
that the vessel referred to in paragraph (1) operating under
this subsection is in a condition or is operated in a manner
that creates an immediate threat to life or the environment
or is operated in a manner that is inconsistent with section
3302 of title 46, United States Code, may direct the master
or individual in charge to take immediate and reasonable steps
to safeguard life and the environment, including directing the
vessel to a port or other refuge.

SEC. 437. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY REVI-
SION.

(a) TRANSFER.—As soon as practicable after the date of enact-
ment of this Act, the Administrator of General Services may transfer

16 USC 460s–15.

46 USC 5102
note.

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116 STAT. 2130 PUBLIC LAW 107–295—NOV. 25, 2002

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 avail-
able 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 regula-

tions).
(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 ‘‘Pro-

posed 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.
SEC. 440. REPORT ON OIL SPILL RESPONDER IMMUNITY.

(a) REPORT TO CONGRESS.—Not later than January 1, 2004,
the Secretary of the department in which the Coast Guard is

Deadline.

33 USC 1321
note.

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116 STAT. 2131PUBLIC LAW 107–295—NOV. 25, 2002

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 Transpor-
tation 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 other-
wise 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 Memo-
randum 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 Inter-
Agency Memorandum of Agreement Regarding Oil Spill Plan-
ning 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 require-
ments 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.

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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.
‘‘(h) The Secretary shall, as soon as possible, and no later

than January 1, 2005, publish all marine casualty reports prepared
in accordance with this section in an electronic form.’’.

(b) APPLICATION.—The amendment made by subsection (a)
applies to all marine casualty reports completed after the date
of enactment of this Act.
SEC. 443. SAFETY AND SECURITY OF PORTS AND WATERWAYS.

The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.)
is amended—

(1) by striking ‘‘safety and protection of the marine environ-
ment’’ 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 environ-
ment,’’ in section 5(a) (33 U.S.C. 1224(a)) and inserting ‘‘safety,
protection of the marine environment, and the safety and secu-
rity 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.’’.

46 USC 6101
note.

Deadline.

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116 STAT. 2133PUBLIC LAW 107–295—NOV. 25, 2002

(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 imposi-
tions 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—

‘‘(1) fees charged under section 208 of the Water Resources
Development Act of 1986 (33 U.S.C. 2236); or

‘‘(2) reasonable fees charged on a fair and equitable basis
that—

‘‘(A) are used solely to pay the cost of a service to
the vessel or water craft;

‘‘(B) enhance the safety and efficiency of interstate
and foreign commerce; and

‘‘(C) do not impose more than a small burden on inter-
state or foreign commerce.’’.

TITLE V—AUTHORIZATION OF APPRO-
PRIATIONS FOR THE COAST GUARD

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 tech-
nologies, 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 trea-
ties, ice operations, oceanographic research, and defense readi-
ness, $22,000,000, to remain available until expended, of which

Coast Guard
Authorization
Act for Fiscal
Year 2003.

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116 STAT. 2134 PUBLIC LAW 107–295—NOV. 25, 2002

LEGISLATIVE HISTORY—S. 1214 (H.R. 3983):
HOUSE REPORTS: Nos. 107–405 accompanying H.R. 3983 (Comm. on Transpor-

tation and Infrastructure) and 107–777 (Comm. of Conference).
SENATE REPORTS: No. 107–64 (Comm. on Commerce, Science, and Transpor-

tation).
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.

$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 naviga-
tion, and for personnel and administrative costs associated
with the Bridge Alteration Program, $18,000,000, to remain
available until expended.

(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $17,000,000, to remain
available until expended.

SEC. 503. AUTHORIZED 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 institu-
tions for fiscal year 2003, 300 student years.

(4) For officer acquisition for fiscal year 2003, 1,150 student
years.

Approved November 25, 2002.

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Superintendent of Documents
2012-03-20T14:29:13-0400
US GPO, Washington, DC 20401
Superintendent of Documents
GPO attests that this document has not been altered since it was disseminated by GPO

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