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SEC. 3. CLARIFICATION OF COAST GUARD AUTHORITY TO CONTROL VESSELS IN TERRITORIAL WATERS OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following:
'SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DIRECTION OF VESSELS BY COAST GUARD.
'(a) NOTIFICATION OF COAST GUARD- Under regulations prescribed by the Secretary, a commercial vessel entering the territorial sea of the United States shall notify the Secretary by electronic transmission not later than 96 hours before that entry and provide the following information regarding the vessel:
'(1) The name of the vessel.
'(2) The route and port or place of destination in the United States.
'(3) The time of entry into the territorial sea.
'(4) Any information requested by the Secretary to demonstrate compliance with applicable international agreements to which the United States is a party.
'(5) If the vessel is carrying dangerous cargo, a description of that cargo.
'(6) A description of any hazardous conditions on the vessel.
'(7) Any other information requested by the Secretary.
'(b) DENIAL OF ENTRY- The Secretary may deny entry of a vessel into the territorial sea of the United States if-
'(1) the Secretary has not received notification for the vessel in accordance with subsection (a); or
'(2) the vessel is not in compliance with any other applicable law relating to marine safety, security, or environmental protection.
'(c) DIRECTION OF VESSEL- The Secretary may direct the operation of any vessel in the navigable waters of the United States as necessary during hazardous circumstances, including the absence of a pilot required by State or Federal law, weather, casualty, vessel traffic, or the poor condition of the vessel.
'(d) IMPLEMENTATION- The Secretary shall implement this section consistent with section 4(d).'.
SEC. 4. 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) is amended--
(1) by striking 'The term 'United States' as used in this Act includes' and inserting the following:
'In this Act.
'(1) UNITED STATES- The term 'United States' includes'; and
(2) by adding at the end the following:
'(2) TERRITORIAL WATERS- The term 'territorial waters of the United States' includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.'.
(b) CIVIL PENALTY FOR VIOLATION OF ACT OF JUNE 15, 1917- Section 2 of title II of the Act of June 15, 1917(50 U.S.C. 192), is amended--
(1) by inserting '(a) IN GENERAL- 'before 'If in the first undesignated paragraph;
(2) by striking '(a) If any other' and inserting '(b) APPLICATION TO OTHERS- If any other'; and
(3) by adding at the end the following:
'(c) CIVIL PENALTY- A person violating this Act, or any rule, regulation or order issued 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. 5. SUSPENSION OF LIMITATION ON STRENGTH OF COAST GUARD.
(a) PERSONNEL END STRENGTHS- Section 661(a) of title 14, United States Code, is amended by adding at the end the following: 'If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard, for a period not to exceed 6 months after the end of the war or termination of the national emergency.'.
(b) OFFICERS IN COAST GUARD RESERVE- Section 724 of title 14, United States Code, is amended by adding at the end thereof the following:
'(c) DEFERRAL OF LIMITATION- If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard Reserve, for a period not to exceed 6 months after the end of the war or termination of the national emergency.'.
SEC. 6. EXTENSION OF DEEPWATER PORT ACT TO NATURAL GAS.
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 3(9) (33 U.S.C. 1502 (9)).
(3) Section 4(a) (33 U.S.C. 1503 (a)).
(4) Section 5(c)(2)(G) and (H) (33 U.S.C. 1504(c)(2)(G) and (H)).
(5) Section 5(i)(2)(B) (33 U.S.C. 1504 (i)(2)(B)).
(6) Section 5(i)(3)(C) (33 U.S.C. 1504 (i)(3)(C)).
(7) Section 8(33 U.S.C. 1507).
(8) Section 21(a) (33 U.S.C. 1520(a)).
SEC. 7. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS AND ENHANCED USE OF OTHER SECURITY PERSONNEL.
(a) IN GENERAL- Section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) is amended--
(1) by striking 'and' after the semicolon in paragraph (1);
(2) by striking 'terrorism. 'in paragraph (2) and inserting 'terrorism; and'; and
(3) by adding at the end the following:
'(3) dispatch properly trained and qualified armed Coast Guard personnel on facilities and vessels to deter or respond to acts of terrorism.'.
(b)REPORT ON USE OF NON-COAST GUARD PERSONNEL- The Secretary of Transportation 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. 8. AUTOMATIC IDENTIFICATION SYSTEM.
(a) TRANSPONDER REQUIREMENT-
(1) IN GENERAL- Subject to paragraph (2), the following vessels, while operating on the navigable
waters of the United States, shall be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system, in accordance with regulations prescribed by the Secretary of Transportation:
(A) Vessels subject to Public Law 92-63.
(B) Small passenger vessels carrying more than a number of passengers determined by the Secretary of Transportation.
(C) Towing vessels while towing astern or pushing ahead or alongside, except commercial assistance towing vessels rendering assistance to disabled small vessels.
(2) EXEMPTION- The Secretary may exempt a vessel from paragraph (1) if the Secretary finds that a transponder is not necessary for the safe navigation of the vessel on the waters on which the vessel operates.
(b) REGULATIONS- The Secretary of Transportation shall issue regulations implementing subsection (a), including requirements for the operation and maintenance of transponders required under subsection (a).
(c) APPLICATION- Subsection (a) shall apply as follows:
(1) On and after December 31, 2002, to--
(A) any vessel built after that date; and
(B) notwithstanding paragraphs (2) and (3), any vessel operating within the geographic boundaries of a Vessel Traffic Service.
(2) On and after July 1, 2003, to any vessel built before the date referred to in paragraph (1) that is--
(A) a passenger vessel;
(B) a tanker; or
(C) a towing vessel engaged in moving a tank vessel.
(3) On and after December 31, 2004, to all other vessels built before the date referred to in paragraph (1).
Union Calendar No. 240
107th CONGRESS
2d Session
H. R. 3983
[Report No. 107-405]
A BILL
To ensure the security of maritime transportation in the United States against acts of terrorism, and for other purposes.
April 11, 2002
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
END
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