[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3621 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3621

   To improve the security of seaports and the marine environment to 
                  promote public safety and commerce.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2002

  Mr. Vitter introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
  Committees on Ways and Means, and the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To improve the security of seaports and the marine environment to 
                  promote public safety and commerce.

    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 ``Port Security and 
Terrorism Prevention Act''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
                  TITLE I--PORT AND MARITIME SECURITY

Sec. 101. National Maritime Security Advisory Committee.
Sec. 102. Initial security evaluations and port vulnerability 
                            assessments.
Sec. 103. Establishment of local port security committees.
Sec. 104. Maritime facility security plans.
Sec. 105. Employment investigations and restrictions for security-
                            sensitive positions.
Sec. 106. Maritime domain awareness.
Sec. 107. International port security.
Sec. 108. Maritime security professional training.
Sec. 109. Port security infrastructure improvement.
Sec. 110. Security of cargo.
Sec. 111. Revision of port security planning guide.
Sec. 112. Shared dockside inspection facilities.
Sec. 113. Mandatory advanced electronic information for cargo.
Sec. 114. Prearrival messages from vessels destined to United States 
                            ports.
Sec. 115. Maritime safety and security teams.
Sec. 116. Extension of seaward jurisdiction.
Sec. 117. Suspension of limitation on strength of Coast Guard.
Sec. 118. Definitions.
   TITLE II--ADDITIONAL MARITIME SAFETY AND SECURITY RELATED MEASURES

Sec. 201. Destruction or interference with vessels or maritime 
                            facilities.
Sec. 202. Sanctions for failure to heave to; sanctions for obstruction 
                            of boarding and providing false 
                            information.
Sec. 203. Extension of Deepwater Port Act to natural gas.
Sec. 204. Assignment of Coast Guard personnel as sea marshals and 
                            enhanced use of other security personnel.
Sec. 205. National maritime transportation security plan.
Sec. 206. Vessel security plans.
Sec. 207. Protection of security-related information.
Sec. 208. Enhanced crewmember identification.
Sec. 209. Piracy and privateering.
Sec. 210. Criminal sanctions for violence against maritime navigation, 
                            placement of destructive devices, and 
                            malicious dumping.

                  TITLE I--PORT AND MARITIME SECURITY

SEC. 101. NATIONAL MARITIME SECURITY ADVISORY COMMITTEE.

    (a) In General.--Section 7 of the Ports and Waterways Safety Act 
(33 U.S.C. 1226) is amended by adding at the end the following:
    ``(d) National Maritime Security Advisory Committee.--
            ``(1) In general.--The Secretary shall establish a National 
        Maritime Security Advisory Committee, comprised of not more 
        than 21 members appointed by the Secretary. The Secretary may 
        require that a prospective member undergo a background check or 
        obtain an appropriate security clearance before appointment.
            ``(2) Organization.--The Secretary--
                    ``(A) shall designate a chairperson of the Advisory 
                Committee;
                    ``(B) shall approve a charter, including such 
                procedures and rules as the Secretary deems necessary 
                for the operation of the Advisory Committee;
                    ``(C) may establish subcommittees to facilitate 
                consideration of specific issues, including maritime 
                and port security, border protection, and maritime 
                domain awareness issues, the potential effects on 
                national energy security, the United States economy, 
                and the environment of disruptions of crude oil, 
                refined petroleum products, liquified natural gas, and 
                other energy sources; and
                    ``(D) may invite the participation of other Federal 
                agencies and of State and local government agencies of 
                State, including law enforcement agencies, with an 
                interest or expertise in anti-terrorism or maritime and 
                port security and safety related issues.
            ``(3) Material and mission support.--In carrying out this 
        subsection, the Secretary may accept contributions of funds, 
        material, services, and the use of personnel and facilities 
        from public or private entities, by contract or other 
        arrangement, if the confidentiality of security-sensitive 
        information is maintained and access to such information is 
        limited appropriately. The Secretary shall deposit any funds 
        accepted under this paragraph as miscellaneous receipts in the 
        general fund of the Treasury.
            ``(4) Functions.--The Advisory Committee shall--
                    ``(A) advise, consult with, and make 
                recommendations to the Secretary on ways to enhance the 
                security and safety of United States ports; and
                    ``(B) provide advice and recommendations to the 
                Secretary on matters related to maritime and port 
                security and safety, including--
                            ``(i) long-term solutions for maritime and 
                        port security issues;
                            ``(ii) coordination of security and safety 
                        operations and information between and among 
                        Federal, State, and local governments and area 
                        and local port security committees and harbor 
                        safety committees;
                            ``(iii) conditions for maritime security 
                        and safety grants;
                            ``(iv) development of a National Maritime 
                        Transportation Security Plan;
                            ``(v) development and implementation of 
                        local maritime security plans;
                            ``(vi) protection of port energy 
                        transportation facilities; and
                            ``(vii) helping to ensure that the public 
                        and area and local port security committees are 
                        kept informed about maritime security 
                        enhancement developments.
            ``(5) Termination.--The Advisory Committee shall terminate 
        on September 30, 2005.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out section 7(d) of the Ports and Waterways Safety Act (as added by 
subsection (a) of this section), such sums to remain available until 
expended.

SEC. 102. INITIAL SECURITY EVALUATIONS AND PORT VULNERABILITY 
              ASSESSMENTS.

    Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) is 
further amended by adding at the end the following:
    ``(e) Initial Security Evaluations and Port Vulnerability 
Assessments.--
            ``(1) Development of standards.--The Secretary, in 
        consultation with appropriate public and private sector 
        officials and organizations, shall develop standards and 
        procedures for conducting initial security evaluations and port 
        vulnerability assessments.
            ``(2) Initial security evaluations.--The Secretary shall 
        conduct an initial security evaluation of all port authorities, 
        waterfront facilities, and public or commercial structures 
        located within or adjacent to the marine environment. The 
        Secretary shall consult the local port security committee while 
        developing the initial security evaluation, and may require 
        each port authority, waterfront facility operator, or operator 
        of a public or commercial structure located within or adjacent 
        to the marine environment to submit security information for 
        review by the local port security committee.
            ``(3) Port vulnerability assessments.--The Secretary shall 
        review initial security evaluations and conduct a port 
        vulnerability assessment for each port for which the Secretary 
        determines such an assessment is appropriate. If a port 
        vulnerability assessment has been conducted within 5 years by 
        or on behalf of a port authority or marine terminal operator, 
        and the Secretary determines that it was conducted in a manner 
        that is generally consistent with the standards and procedures 
        specified under this subsection, the Secretary may accept that 
        assessment rather than conducting another port vulnerability 
        assessment for that port.
            ``(4) Review and comment opportunity.--The Secretary shall 
        make each initial security evaluation and port vulnerability 
        assessment for a port available for review and comment by the 
        local port security committee, officials of the port authority, 
        marine terminal operator representatives, and representatives 
        of other entities connected to or affiliated with maritime 
        commerce or port security as the Secretary determines to be 
        appropriate, based on the recommendations of the local port 
        security committee.
            ``(5) Unauthorized disclosure.--The Secretary shall ensure 
        that all initial security evaluations, port vulnerability 
        assessments, and any associated materials are properly 
        safeguarded from unauthorized disclosure.
            ``(6) Material and mission support.--In carrying out 
        responsibilities under this subsection, the Secretary may 
        accept contributions of funds, material, services, and the use 
        of personnel and facilities from public and private entities by 
        contract or other arrangement if the confidentiality of 
        security-sensitive information is maintained and access to such 
        information is limited appropriately. The Secretary shall 
        deposit any funds accepted under this paragraph as 
        miscellaneous receipts in the general fund of the Treasury.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $10,000,000 for each of fiscal years 2002 
through 2006 to carry out section 7(e) of the Ports and Waterways 
Safety Act (as added by this subsection (a) of this section), such sums 
to remain available until expended.
    (c) Security Assessment Methodology Project.--
            (1) In general.--The Secretary, in cooperation with the 
        team described in paragraph (4), shall carry out a 
        demonstration project to assist the Port of Baton Rouge, 
        Louisiana, in the development of a security assessment 
        methodology (in this subsection referred to as the ``SAM'') and 
        a training program to implement the SAM.
            (2) Elements of project.--The project shall have the 
        following elements:
                    (A) Development of the SAM and a training program 
                to implement the SAM.
                    (B) Training of the personnel of the Port of Baton 
                Rouge in use of the SAM.
                    (C) Use of the SAM to conduct a security assessment 
                of the Port's facilities.
                    (D) Documentation of the assessment results, 
                conclusions, and any needed actions to address 
                unacceptable security risks at the Port and making the 
                results available to appropriate public safety agency 
                personnel.
            (3) Purpose.--The SAM shall assess the ability of a port 
        to--
                    (A) detect terrorist or criminal activity;
                    (B) after detection of such activity, adequately 
                respond to prevent successful completion of the 
                activity or to reduce the consequences of the activity 
                to acceptable levels; and
                    (C) provide capabilities to mitigate the 
                consequences of the activity.
            (4) SAM team members.--The Secretary shall carry out the 
        project in cooperation with--
                    (A) the Coast Guard;
                    (B) the Defense Threat Reduction Agency;
                    (C) the Louisiana State University Counter 
                Terrorist Academy;
                    (D) the Center for Civil Force Protection of the 
                Department of Justice;
                    (E) Louisiana State Police; and
                    (F) Southern University.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $2,000,000 for fiscal year 2002, $5,000,000 for 
        fiscal year 2003, $10,000,000 for fiscal year 2004, and 
        $7,000,000 for fiscal year 2005. Such sums shall remain 
        available until expended.

SEC. 103. ESTABLISHMENT OF LOCAL PORT SECURITY COMMITTEES.

    (a) In General.--Section 7 of the Ports and Waterways Safety Act 
(33 U.S.C. 1226) is further amended by adding at the end the following:
    ``(f) Local Port Security Committees.--
            ``(1) Establishment.--The Secretary shall establish local 
        port security committees.
            ``(2) Functions.--A local port security committee 
        established under this subsection shall--
                    ``(A) help coordinate planning and other port 
                security activities;
                    ``(B) help make use of, and disseminate the 
                information made available under this section;
                    ``(C) make recommendations concerning initial 
                security evaluations and port vulnerability assessments 
                by identifying the unique characteristics of each port;
                    ``(D) assist in the review of port vulnerability 
                assessments promulgated under this section;
                    ``(E) assist in implementing the guidance 
                promulgated under this section;
                    ``(F) annually review maritime security plans for 
                each local port authority, waterfront facility 
                operator, or operator of a public or commercial 
                structure located within or adjacent to the marine 
                environment; and
                    ``(G) assist the Captain-of-the-Port in conducting 
                a field security exercise at least once every 3 years 
                to verify the effectiveness of one or more maritime 
                security plans for a local port authority, waterfront 
                facility operator, or operator of a public or 
                commercial structure located within or adjacent to the 
                marine environment.
            ``(3) Use of existing committees.--In establishing these 
        local port security committees, the Secretary may use or 
        augment any existing port or harbor safety committee or port 
        readiness committee, if the membership of the port security 
        committee includes representatives of--
                    ``(A) the port authority or authorities;
                    ``(B) Federal, State, and local government;
                    ``(C) Federal, State, and local law enforcement 
                agencies;
                    ``(D) longshore labor organizations or 
                transportation workers;
                    ``(E) local port-related business officials or 
                management organizations;
                    ``(F) shipping companies, vessel owners, terminal 
                owners and operators, truck, rail and pipeline 
                operators, where such are in operation; and
                    ``(G) other persons or organizations whose 
                inclusion is deemed beneficial by the Captain-of-the-
                Port or the Secretary.
            ``(4) Chair.--Each local port security committee shall be 
        chaired by the Captain-of-the-Port.
            ``(5) Jurisdiction.--Each port may have a separate port 
        security committee or, at the discretion of the Captain-of-the-
        Port, a Captain-of-the-Port zone may have a single port 
        security committee covering all ports within that zone.
            ``(6) Quarterly meetings.--The port security committee 
        shall meet at least 4 times each year at the call of the 
        Chairperson.
            ``(7) FACA not applicable.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) does not apply to a port security committee 
        established under this subsection.
            ``(8) Material and mission support.--In carrying out 
        responsibilities under this subsection, the Secretary may 
        accept contributions of funds, material, services, and the use 
        of personnel and facilities from public and private entities by 
        contract or other arrangement if the confidentiality of 
        security-sensitive information is maintained and access to such 
        information is limited appropriately. The Secretary shall 
        deposit any funds accepted under this paragraph as 
        miscellaneous receipts in the general fund of the United States 
        Treasury.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $5,000,000 for fiscal year 2002, 
$8,000,000 for fiscal year 2003, and $5,000,000 for each of fiscal 
years 2004 through 2006 to carry out section 7(f) of the Ports and 
Waterways Safety Act (as added by subsection (a) of this section), such 
sums to remain available until expended.

SEC. 104. MARITIME FACILITY SECURITY PLANS.

    (a) In General.--Section 7 of the Ports and Waterways Safety Act 
(33 U.S.C. 1226) is further amended by adding at the end the following:
    ``(g) Maritime Facility Security Plans.--
            ``(1) Regulations to establish requirement.--The Secretary, 
        after consultation with the Secretary of the Treasury and the 
        Attorney General, shall issue regulations establishing 
        requirements for submission of a maritime facility security 
        plan, as the Secretary determines necessary, by each port 
        authority, waterfront facility operator, or operator of a 
        public or commercial structure located within or adjacent to 
        the marine environment (as defined in section 2101(15) of title 
        46, United States Code). The Secretary shall ensure that the 
        local port security committee is consulted in the development 
        of a maritime facility security plan under those regulations.
            ``(2) Purpose; specificity; content.--
                    ``(A) Purpose.--A maritime facility security plan 
                shall provide a law enforcement program and capability 
                at the port that is adequate to safeguard the public 
                and to improve the response to threats of crime and 
                terrorism.
                    ``(B) Specificity.--Notwithstanding other 
                provisions of this Act, the Secretary may impose 
                specific, or different requirements on individual 
                ports, port authorities, marine terminal operators or 
                other entities required to submit a maritime facility 
                security plan under regulations promulgated under this 
                subsection.
            ``(3) Incorporation of existing security plans.--The 
        Secretary may approve a maritime facility security plan, or an 
        amendment to an existing program or plan, that incorporates--
                    ``(A) a security program of a marine terminal 
                operator tenant with access to a secured area of the 
                port, under such conditions as the Secretary deems 
                appropriate; or
                    ``(B) a maritime facility security plan of a port 
                authority that incorporates a State or local security 
                program, policy, or law.
            ``(4) Approval process.--
                    ``(A) In general.--The Secretary, in consultation 
                with the appropriate local port security committee 
                established under subsection (f), shall review and 
                approve or disapprove each maritime facility security 
                plan submitted under regulations promulgated under this 
                subsection.
                    ``(B) Resubmission of disapproved plans.--If the 
                Secretary disapproves a maritime facility security 
                plan--
                            ``(i) the Secretary shall notify the plan 
                        submitter in writing of the reasons for the 
                        disapproval; and
                            ``(ii) the submitter shall submit a revised 
                        maritime facility security plan within 180 days 
                        after receiving the notification of 
                        disapproval.
            ``(5) Periodic review and resubmission.--Whenever 
        appropriate, but no less frequently than once every 5 years, 
        each port authority, marine terminal operator, or other entity 
        required to submit a maritime facility security plan under 
        regulations promulgated under this subsection shall review its 
        plan, make necessary or appropriate revisions, and submit the 
        results of its review and revised plan to the Secretary.
            ``(6) Interim security measures.--The Secretary shall 
        require each port authority, waterfront facility operator, or 
        operator of a public or commercial structure located within or 
        adjacent to the marine environment to implement any necessary 
        security measures until the maritime facility security plan for 
        that port authority, waterfront facility operator, or operator 
        of a public or commercial structure located within or adjacent 
        to the marine environment is approved.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $3,500,000 for each of fiscal years 2002 
through 2006 to carry out section 7(g) of the Ports and Waterways 
Safety Act (as added by subsection (a) of this section), such sums to 
remain available until expended.

SEC. 105. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS FOR SECURITY-
              SENSITIVE POSITIONS.

    Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) is 
further amended by adding at the end the following:
    ``(h) Designation of Controlled Access Areas; Protection of 
Security-Sensitive Information; Employment Investigations and Criminal 
History Record Checks.--
            ``(1) Access areas; restricted information regulations.--
        The Secretary, after consultation with the Secretary of the 
        Treasury and the Attorney General, shall prescribe regulations 
        to--
                    ``(A) require, as necessary, the designation of 
                controlled access areas in the maritime facility 
                security plan for each waterfront facility and other 
                public or commercial structure located within or 
                adjacent to the marine environment; and
                    ``(B) limit access to security-sensitive 
                information, such as passenger and cargo manifests.
            ``(2) Screening; background checks.--In prescribing access 
        limitations under this section, the Secretary may--
                    ``(A) require that persons entering or exiting 
                secure, restricted, or controlled access areas undergo 
                physical screening;
                    ``(B) require appropriate escorts for persons 
                without proper clearances or credentials; and
                    ``(C) require employment investigations and 
                criminal history record checks to ensure that 
                individuals who have unrestricted access to controlled 
                areas or have access to security-sensitive information 
                do not pose a threat to national security or to the 
                safety and security of maritime commerce.
            ``(3) Disqualification from new or continued employment.--
        An individual may not be employed in a security-sensitive 
        position at any waterfront facility or other public or 
        commercial structure located within or adjacent to the marine 
        environment if--
                    ``(A) the individual does not meet other criteria 
                established by the Secretary; or
                    ``(B) a background investigation or criminal 
                records check reveals that the individual was 
                convicted, or found not guilty by reason of insanity, 
                of an offense described in paragraph (4).
            ``(4) Disqualifying offenses.--The offenses referred to in 
        paragraph (3)(B) are the following:
                    ``(A) Murder.
                    ``(B) Assault with intent to murder.
                    ``(C) Espionage.
                    ``(D) Sedition.
                    ``(E) Treason.
                    ``(F) Rape.
                    ``(G) Kidnaping.
                    ``(H) Unlawful possession, sale, distribution, 
                importation, or manufacture of an explosive or weapon.
                    ``(I) Extortion.
                    ``(J) Armed or felony unarmed robbery.
                    ``(K) Importation, manufacture, or distribution of, 
                or intent to distribute, a controlled substance.
                    ``(L) A felony involving a threat.
                    ``(M) A felony involving willful destruction of 
                property.
                    ``(N) Smuggling.
                    ``(O) Theft of property in the custody of the 
                United States Customs Service.
                    ``(P) Attempt to commit, or conspiracy to commit 
                any of the offenses referred to in subparagraphs (A) 
                through (O).
            ``(5) Alternative arrangements.--Notwithstanding paragraph 
        (1), an individual may be employed in a security-sensitive 
        position although that individual would otherwise be 
        disqualified from such employment if the employer establishes 
        alternate security arrangements acceptable to the Secretary.
            ``(6) Access to databases.--Notwithstanding any other 
        provision of law to the contrary, but subject to existing or 
        new procedural safeguards imposed by the Attorney General, the 
        Secretary is authorized to access the Federal Bureau of 
        Investigation's Integrated Automatic Fingerprinting 
        Identification System, the Fingerprint Identification Record 
        System, the Interstate Identification Index, the National Crime 
        Identification System, and the Integrated Entry and Exit Data 
        System for the purpose of conducting or verifying the results 
        of any background investigation or criminal records check 
        required by this subsection.
            ``(7) Restrictions on use and maintenance of information.--
                    ``(A) Secretary may give results of investigation 
                to employers.--The Secretary may transmit the results 
                of a background check or criminal records check to a 
                port authority, marine terminal operator, or other 
                entity the Secretary determines necessary for carrying 
                out the requirements of this subsection.
                    ``(B) FOIA not to apply.--Information obtained by 
                the Secretary under this subsection may not be made 
                available to the public under section 552 of title 5, 
                United States Code.
                    ``(C) Confidentiality.--Except to the extent 
                necessary to carry out this subsection, any information 
                other than criminal acts or offenses constituting 
                grounds for ineligibility for employment under 
                paragraph (3) shall be maintained confidentially by the 
                Secretary and may be used only for making 
                determinations under this section.
            ``(8) Effectiveness audits.--The Secretary shall provide 
        for the periodic audit of the effectiveness of employment 
        investigations and criminal history record checks required by 
        this subsection.
            ``(9) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as may 
        be necessary to carry out this subsection.''.

SEC. 106. MARITIME DOMAIN AWARENESS.

    (a) In General.--The Secretary shall conduct a study on ways to 
enhance maritime domain awareness through improved collection and 
coordination of maritime intelligence and submit a report on the 
findings of that study to the Committees on Commerce, Science, and 
Transportation and Appropriations of the Senate and the Committees on 
Transportation and Infrastructure and Appropriations of the House of 
Representatives.
    (b) Specific Matters To Be Addressed.--In the study, the Secretary 
shall--
            (1) identify actions, funding, and other resources 
        necessary for multi-agency cooperative efforts to improve the 
        maritime security of the United States;
            (2) specifically address measures necessary to ensure the 
        effective collection, dissemination, and interpretation of 
        maritime intelligence and data, information resource management 
        and database requirements, architectural measures for cross-
        agency integration, data sharing, correlation and safeguarding 
        of data, and cooperative analysis to identify and effectively 
        respond to threats to maritime security;
            (3) estimate the potential costs of establishing and 
        operating such a new or linked database and provides 
        recommendations on what agencies should contribute to the cost 
        of its operation;
            (4) estimate of potential costs and benefits of utilizing 
        commercial supercomputing platforms and data bases to enhance 
        information collection and analysis capabilities across 
        multiple Federal agencies; and
            (5) provide a suggested time frame for the development of 
        such a system or database.
    (c) Participation of Other Agencies.--The Secretary shall consult 
with the Director of Central Intelligence, the Secretary of State, the 
Secretary of the Treasury, the Secretary of Defense, the Attorney 
General, the Secretary of Agriculture, the Secretary of Commerce, the 
Secretary of Energy, the Director of the Federal Emergency Management 
Agency, and the heads of other departments and agencies as necessary 
and invite their participation in the preparation of the study and 
report required by subsection (a).
    (d) Deadline.--The Secretary shall submit the report required by 
subsection (a) within 180 days after the date of enactment of this Act.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $500,000 in fiscal year 2002 to carry out 
this section.

SEC. 107. INTERNATIONAL PORT SECURITY.

    (a) In General.--Part A of subtitle II of title 46, United States 
Code, is amended by adding at the end the following:

               ``CHAPTER 25--INTERNATIONAL PORT SECURITY

``Sec.
``2501. Assessment.
``2502. Notifying foreign authorities.
``2503. Actions when ports not maintaining and carrying out effective 
                            security measures.
``2504. Travel advisories concerning security at foreign ports.
``2505. Suspensions.
``2506. Acceptance of contributions; joint venture arrangements.
``Sec. 2501. Assessment
    ``(a) In General.--At intervals the Secretary of Transportation 
considers necessary, the Secretary shall assess the effectiveness of 
the security measures maintained at--
            ``(1) a foreign port--
                    ``(A) served by vessels of the United States;
                    ``(B) from which foreign vessels serve the United 
                States; or
                    ``(C) that poses a high risk of introducing danger 
                to United States ports and waterways, United States 
                citizens, vessels of the United States, or any other 
                United States interests; and
            ``(2) any other foreign port the Secretary considers 
        appropriate.
    ``(b) Procedures and Standards.--As the Secretary determines 
necessary for security purposes, the Secretary shall conduct an 
assessment under subsection (a)--
            ``(1) in consultation with appropriate authorities of the 
        government of the foreign country concerned and operators of 
        vessels of the United States serving the foreign port for which 
        the Secretary is conducting the assessment;
            ``(2) to establish the extent to which a foreign port 
        effectively maintains and carries out internationally 
        recognized security measures; and
            ``(3) by using a standard based on the standards for port 
        security and recommended practices of the International 
        Maritime Organization and other appropriate international 
        organizations.
    ``(c) Consultation.--In carrying out this section, the Secretary 
shall consult with--
            ``(1) the Secretary of State--
                    ``(A) on the terrorist or relevant criminal threat 
                that exists in each country involved; and
                    ``(B) identify foreign ports that--
                            ``(i) are not under the de facto control of 
                        the government of the foreign country in which 
                        they are located; and
                            ``(ii) pose a high risk of introducing 
                        danger to international maritime commerce; and
            ``(2) the Secretary of the Treasury and coordinate any such 
        assessment with the United States Customs Service.
``Sec. 2502. Notifying foreign authorities
    ``(a) Dissemination of Information About the Program.--The 
Secretary shall work with the Secretary of State to facilitate the 
dissemination of port security program information to port authorities 
and marine terminal operators in other countries.
    ``(b) Specific Notifications.--If the Secretary of Transportation, 
after conducting an assessment under section 2501, finds that a port 
does not maintain and carry out effective security measures, the 
Secretary, through the Secretary of State, shall notify the appropriate 
authorities of the government of the foreign country of the finding and 
recommend the steps necessary to bring the security measures in use at 
the port up to the standard used by the Secretary of Transportation in 
making the assessment.
``Sec. 2503. Actions when ports not maintaining and carrying out 
              effective security measures
    ``(a) In General.--If the Secretary of Transportation finds that a 
port does not maintain and carry out effective security measures, the 
Secretary shall--
            ``(1) in consultation with the Secretaries of State, 
        Treasury, Agriculture, and the Attorney General, develop 
        measures to protect the safety and security of United States 
        ports from risks related to vessels arriving from a foreign 
        port that does not maintain an acceptable level of security;
            ``(2) have the identity of the port posted and displayed 
        prominently at all United States ports at which scheduled 
        passenger carriage is provided regularly to that port; and
            ``(3) require each United States and foreign vessel 
        providing transportation between the United States and the port 
        to provide written notice of the decision, on or with the 
        ticket, to each passenger buying a ticket for transportation 
        between the United States and the port;
    ``(b) State Department To Be Notified.--The Secretary immediately 
shall notify the Secretary of State of a finding that a port does not 
maintain and carry out effective security measures so that the 
Secretary of State may issue a travel advisory.
    ``(c) Congressional Notification Required.--The Secretary promptly 
shall submit to Congress a report (and classified annex if necessary) 
identifying any port that the Secretary finds does not maintain and 
carry out effective security measures and describe any action taken 
under this section with regard to that port.
    ``(d) Action Canceled.--An action required under this section is no 
longer required if the Secretary, in consultation with the Secretary of 
State, decides that effective security measures are maintained and 
carried out at the port. The Secretary shall notify Congress when the 
action is no longer required.
``Sec.  2504. Travel advisories concerning security at foreign ports
    ``(a) In General.--Upon being notified by the Secretary of 
Transportation that the Secretary has determined that a condition 
exists that threatens the safety or security of passengers, passenger 
vessels, or crew traveling to or from a foreign port which the 
Secretary has determined under this chapter to be a port which does not 
maintain and administer effective security measures, the Secretary of 
State shall immediately issue a travel advisory with respect to the 
port. The Secretary of State shall take the necessary steps to 
publicize the travel advisory widely.
    ``(b) When Travel Advisory May Be Canceled.--The travel advisory 
required to be issued under subsection (a) of this section may be 
lifted only if the Secretary of Transportation, in consultation with 
the Secretary of State, has determined that effective security measures 
are maintained and administered at the port with respect to which the 
Secretary of Transportation had made the determination.
    ``(c) Congressional Notification.--The Secretary of State shall 
immediately notify Congress of any change in the status of a travel 
advisory imposed pursuant to this section.
``Sec.  2505. Suspensions
    ``(a) In General.--The President, without prior notice or a 
hearing, shall suspend the right of any vessel of the United States to 
provide foreign sea transportation, and the right of a person to 
operate vessels in foreign sea commerce, to or from a foreign port, if 
the President finds that--
            ``(1) a condition exists that threatens the safety or 
        security of passengers, vessels, or crew traveling to or from 
        that port; and
            ``(2) the public interest requires an immediate suspension 
        of trade between the United States and that port.
    ``(b) Denial of Entry.--If a person operates a vessel in violation 
of this section, the President may deny the vessels of that person 
entry to United States ports.
    ``(c) Penalty for Violation.--A person violating this section is 
liable to the United States Government for a civil penalty of not more 
than $50,000. Each day a vessel utilizes a prohibited port shall be a 
separate violation of this section.
``Sec.  2506. Acceptance of contributions; joint venture arrangements
  ``In carrying out responsibilities under this chapter, the Secretary 
may accept contributions of funds, material, services, and the use of 
personnel and facilities from public and private entities by contract 
or other arrangement if the confidentiality of security-sensitive 
information is maintained and access to such information is limited 
appropriately. The Secretary shall deposit any funds accepted under 
this section as miscellaneous receipts in the general fund of the 
United States Treasury.''.
    (b) Conforming Amendment.--The table of chapters at the beginning 
of subtitle II of title 46, United States Code, is amended by inserting 
the following new item in part A after the item for chapter 23:

``25. International Port Security...........................    2501''.
    (c) Repeals.--Sections 902, 905, 907, 908, 909, 910, 911, 912, and 
913 of the International Maritime and Port Security Act (46 U.S.C. App. 
1801, 1802, 1803, 1804, 1805, 1806, 1807, 1808, and 1809), are 
repealed.
    (d) Foreign-Flag Vessels.--Within 6 months after the date of 
enactment of this Act and every year thereafter, the Secretary, in 
consultation with the Secretary of State, shall provide a report to the 
Committees on Commerce, Science, and Transportation, Foreign Relations, 
and Appropriations of the Senate and the Committees on Transportation 
and Infrastructure, International Relations, and Appropriations of the 
House of Representatives that lists the following information:
            (1) A list of all nations whose flag vessels have entered 
        United States ports in the previous year.
            (2) Of the nations on that list, a separate list of those 
        nations--
                    (A) whose registered flag vessels appear as 
                Priority III or higher on the Boarding Priority Matrix 
                maintained by the Coast Guard;
                    (B) that have presented, or whose flag vessels have 
                presented, false, intentionally incomplete, or 
                fraudulent information to the United States concerning 
                passenger or cargo manifests, crew identity or 
                qualifications, or registration or classification of 
                their flag vessels;
                    (C) whose vessel registration or classification 
                procedures have been found by the Secretary to be 
                noncompliant with international classifications or do 
                not exercise adequate control over safety and security 
                concerns; or
                    (D) whose laws or regulations are not sufficient to 
                allow tracking of ownership and registration histories 
                of registered flag vessels.
            (3) Actions taken by the United States, whether through 
        domestic action or international negotiation, including 
        agreements at the International Maritime Organization under 
        section 902 of the International Maritime and Port Security Act 
        (46 U.S.C. App. 1801), to improve transparency and security of 
        vessel registration procedures in nations on the list under 
        paragraph (2).
            (4) Recommendations for legislative or other actions needed 
        to improve security of United States ports against potential 
        threats posed by flag vessels of nations named in paragraph 
        (2).

SEC. 108. 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 shall 
        develop standards and curriculum to allow for the training and 
        certification of maritime security professionals. In developing 
        these standards and curriculum, the Secretary shall consult 
        with the National Maritime Security Advisory Committee 
        established under section 7(d) of the Ports and Maritime Safety 
        Act (33 U.S.C. 2116(d)).
            (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 
        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.
  (c) Establishment of Security Institute.--The Secretary shall 
establish a Maritime Security Institute in the southern portion of the 
State of Louisiana to train and certify maritime security professionals 
in accordance with internationally recognized law enforcement 
standards.
    (d) Training and Certification.--The following individuals shall be 
eligible for training at the Institute:
            (1) Individuals who are employed, whether in the public or 
        private sector, in maritime law enforcement or security 
        activities.
            (2) Individuals who are employed, whether in the public or 
        private sector, in planning, executing, or managing security 
        operations--
                    (A) at United States ports;
                    (B) on passenger or cargo vessels with United 
                States citizens as passengers or crewmembers;
                    (C) in foreign ports used by United States-flagged 
                vessels or by foreign-flagged vessels with United 
                States citizens as passengers or crewmembers.
    (e) Annual Report.--The Secretary shall transmit an annual report 
to the Committees on Commerce, Science, and Transportation and 
Appropriations of the Senate and the Committees on Transportation and 
Infrastructure and Appropriations of the House of Representatives on 
the expenditure of appropriated funds and the training under this 
section.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $5,500,000 for 
each of fiscal years 2002 through 2006. Such sums shall remain 
available until expended.

SEC. 109. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.

    (a) In General.--The Merchant Marine Act, 1936 (46 U.S.C. App. 1101 
et seq.) is amended by adding at the end the following:

         ``TITLE XIV--PORT SECURITY INFRASTRUCTURE IMPROVEMENT

``SEC. 1401. GRANTS.

    ``(a) In General.--The Secretary may provide grants to public and 
private entities for eligible projects.
    ``(b) Eligible Projects.--A project shall be eligible for a grant 
under subsection (a) if the project is for the construction or 
acquisition of security infrastructure identified in a maritime 
facility security plan approved by the Secretary under section 7(g) of 
the Ports and Waterways Safety Act.
    ``(c) Matching Requirements.--
            ``(1) 80-percent federal funding.--Except as provided in 
        paragraph (2), Federal funds for any eligible project under 
        this section shall not exceed 80 percent of the total cost of 
        such project.
            ``(2) Exceptions.--
                    ``(A) Small projects.--There are no matching 
                requirements for grants under subsection (a) for 
                projects costing not more than $100,000.
                    ``(B) Higher level of support required.--If the 
                Secretary 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) Allocation.--The Secretary shall ensure that financial 
assistance provided under subsection (a) during a fiscal year is 
distributed so that funds are awarded for eligible projects that 
address emerging priorities or threats identified by the National 
Maritime Security Advisory Committee established under section 7(d) of 
the Ports and Waterways Safety Act (33 U.S.C. 1226(d)).

``SEC. 1402. ALLOCATION OF RESOURCES.

    ``In carrying out this title, the Secretary may ensure that not 
less than $6,000,000 in grants under section 1401, are made available 
for eligible projects (as defined in section 1401)) located in any 
State to which reference is made by name in section 607 of this Act 
during each of the fiscal years 2002 through 2006.''.
    (b) Annual Accounting.--The Secretary shall submit an annual 
summary of grants made under section 1401 of Merchant Marine Act, 1936 
to the Committees on Commerce, Science, and Transportation and 
Appropriations of the Senate, the Committees on Transportation and 
Infrastructure and Appropriations of the House of Representatives, and 
the National Maritime Advisory Committee through appropriate media of 
communication, including the Internet.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary--
            (1) $80,000,000 for each of fiscal years 2002 through 2006 
        for grants under section 1401 of the Merchant Marine Act, 1936; 
        and
            (2) $5,000,000 for each of fiscal years 2002 through 2006 
        to cover administrative expenses related to such grants,
such sums to remain available until expended.

SEC. 110. SECURITY OF CARGO.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commissioner of Customs $20,000,000 for each of 
fiscal years 2002 through 2006 for the purchase of non-intrusive 
screening and detection equipment for use at United States ports, such 
sums to remain available until expended.
    (b) Funding for Fiscal Year 2002.--There is authorized to be 
appropriated $145,000,000 for the United States Customs Service for 
fiscal year 2002 for 1,200 new customs inspector positions, 300 new 
customs agent positions, and other necessary port security positions, 
and for purchase and support of equipment (including camera systems for 
docks and vehicle-mounted computers), canine enforcement for port 
security, and to update computer systems to help improve customs 
reporting procedures.
    (c) Pilot Program for Tracking and Anti-Tampering.--
            (1) Pilot program.--The Secretary of Transportation, in 
        cooperation with the Secretary of the Treasury and the United 
        States Customs Service, shall work with the private sector to 
        establish a pilot program to track cargo within the United 
        States, so that cargo can be tracked from the time it arrives 
        in the United States until it reaches its final destination.
            (2) Protections and standards.--The Secretary of 
        Transportation, in cooperation with the United States Customs 
        Service and the Maritime Administration, shall develop and 
        implement improved anti-theft protections and anti-tampering 
        standards to ensure that cargo containers cannot be opened or 
tampered with during shipment within the United States.
            (3) Funding.--Funds authorized by this Act may be used to 
        carry out this subsection.

SEC. 111. REVISION OF PORT SECURITY PLANNING GUIDE.

    The Secretary, acting through the Maritime Administration and after 
consultation with the Advisory Committee and the United States Coast 
Guard, shall publish a revised version of the document entitled ``Port 
Security: A National Planning Guide'', incorporating the requirements 
promulgated under section 7(g) of the Ports and Waterways Security Act 
(33 U.S.C. 2116(g)), within 1 year after the date of enactment of this 
Act, and make that revised document available on the Internet.

SEC. 112. SHARED DOCKSIDE INSPECTION FACILITIES.

    (a) In General.--The Secretary of the Treasury, the Secretary of 
Agriculture, the Secretary of Transportation, the Attorney General, and 
the Administrator of the General Services Administration shall work 
with each other, the Advisory Committee, and the States to establish 
shared dockside inspection facilities at United States ports for 
Federal and State agencies.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $2,000,000 for each of fiscal years 2002 
through 2006 to establish shared dockside inspection facilities at 
United States ports in consultation with the Secretary of the Treasury, 
the Secretary of Agriculture, and the Attorney General.

SEC. 113. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO.

    (a) Cargo Information.--Section 431(b) of the Tariff Act of 1930 
(19 U.S.C. 1431(b)) is amended--
            (1) by striking ``Any manifest'' and inserting ``(1) Any 
        manifest''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) In addition to any other requirement under this section, 
for every land, air, or vessel carrier required to make entry or obtain 
clearance under the customs laws of the United States, the pilot, 
master, operator, or owner of such carrier (or the authorized agent of 
such owner or operator) shall provide by electronic transmission cargo 
manifest information in advance of such entry or clearance in such 
manner, time, and form as the Secretary shall prescribe. The Secretary 
may exclude any class of land, aircraft, or vessel for which he 
concludes the requirements of this subparagraph are not necessary.
    ``(B) The Secretary by regulation shall require nonvessel operating 
common carriers to meet the requirements of subparagraph (A).''.
    (b) Conforming Amendments.--Subparagraphs (A) and (C) of section 
431(d)(1) of such Act are each amended by inserting ``or subsection 
(b)(2)'' before the semicolon.

SEC. 114. PREARRIVAL MESSAGES FROM VESSELS DESTINED TO UNITED STATES 
              PORTS.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended--
            (1) by striking ``environment'' in section 2(a) (33 U.S.C. 
        1221(a)) and inserting ``environment, and the safety and 
        security of United States ports and waterways,'';
            (2) by striking paragraph (5) of section 4(a) (33 U.S.C. 
        1223(a)) and inserting the following:
            ``(5) require--
                    ``(A) the receipt of prearrival messages from any 
                vessel destined for a port or place subject to the 
                jurisdiction of the United States;
                    ``(B) the message to include any information the 
                Secretary determines to be necessary for the control of 
                the vessel and the safety and security of the port, 
                waterways, facilities, vessels, and marine environment; 
                and
                    ``(C) the message to be transmitted in electronic 
                form (or otherwise as determined by the Secretary) 96 
                hours (or other period determined by the Secretary) 
                before the vessel's entry into port, and deny port 
                entry to any vessel that fails to comply with the 
                requirements of this paragraph.'';
            (3) by striking ``environment'' in section 5(a) (33 U.S.C. 
        1224(a)) and inserting ``environment, and the safety and 
        security of United States ports and waterways,''; and
            (4) by adding at the end of section 5 (33 U.S.C. 1224) the 
        following:
``Nothing in this section interferes with the Secretary's authority to 
require information under section 4(a)(5) before a vessel's arrival in 
a port or place subject to the jurisdiction of the United States.''.

SEC. 115. 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, waterfront facilities, and 
cargo in waters subject to the jurisdiction of the United States from 
destruction, loss or injury from crime, or sabotage due to terrorist 
activity, and to respond to such activity in accordance with security 
plans developed under section 7 of the Ports and Waterways Safety Act 
(33 U.S.C. 2116).
    (b) Mission.--Each maritime safety and security team shall be 
trained, equipped and capable of being employed to--
            (1) deter, protect against, and rapidly respond to threats 
        of maritime terrorism;
            (2) enforce moving or fixed safety or security zones 
        established pursuant to law;
            (3) conduct high speed intercepts;
            (4) board, search, and seize any article or thing on a 
        vessel or waterfront facility found to present a risk to the 
        vessel, facility or port;
            (5) rapidly deploy to supplement United States armed forces 
        domestically or overseas;
            (6) respond to criminal or terrorist acts within the port 
        so as to minimize, insofar as possible, the disruption caused 
        by such acts;
            (7) assist with port vulnerability assessments required 
        under this Act; and
            (8) carry out other such missions as are assigned to it in 
        support of the goals of this Act.
    (c) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team shall coordinate its 
activities with other Federal, State, and local law enforcement and 
emergency response agencies.

SEC. 116. 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 striking ``imprisonment'' in the section heading and 
        inserting ``imprisonment; civil penalties'';
            (2) by inserting ``(a) In General.--'' before ``If'' in the 
        first undesignated paragraph;
            (3) by striking ``(a) If any other'' and inserting ``(b) 
        Application to Others.--If any other''; and
            (4) by adding at the end the following:
    ``(c) Civil Penalty.--
            ``(1) Imposition.--A person who is found, after notice and 
        an opportunity for a hearing, to have violated any rule, 
        regulation or order issued under this Act, or found to have 
        knowingly obstructed or interfered with the exercise of any 
        power conferred by this Act, shall be liable to the United 
        States for a civil penalty, not to exceed $25,000 for each 
        violation. Each day of a continuing violation shall constitute 
        a separate violation. The amount of such civil penalty shall be 
        assessed by the Secretary, or the Secretary's designee, by 
        written notice. In determining the amount of such penalty, the 
        Secretary shall take into account the nature, circumstances, 
        extent and gravity of the prohibited acts committed and, with 
        respect to the violator, the degree of culpability, any history 
        of prior offenses, ability to pay, and such other matters as 
        justice may require.
              ``(2) Compromise, etc.--The Secretary may compromise, 
        modify, or remit, with or without conditions, any civil penalty 
        which is subject to imposition or which has been imposed under 
        this subsection.
            ``(3) Collection.--If a person fails to pay an assessment 
        of a civil penalty after it has become final, the Secretary may 
        refer the matter to the Attorney General of the United States, 
        for collection in any appropriate district court of the United 
        States.''.

SEC. 117. 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 and grade distribution 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 and grade 
distribution 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. 118. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Captain-of-the-port.--The term ``Captain-of-the-Port'' 
        means the United States Coast Guard's Captain-of-the-Port.
            (2) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Transportation.
            (3) Advisory committee.--The term ``Advisory Committee'' 
        means the National Maritime Security Advisory Committee 
        established under section 7(d) of the Ports and Waterways 
        Safety Act (33 U.S.C. 1226(d)).
            (4) Marine terminal operator.--The term ``marine terminal 
        operator'' has the meaning given that term in section 1702(14) 
        of title 46, United States Code.

   TITLE II--ADDITIONAL MARITIME SAFETY AND SECURITY RELATED MEASURES

SEC. 201. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME 
              FACILITIES.

    (a) In General.--Part A of subtitle II of title 46, United States 
Code, as amended by section 109 of this Act, is further amended by 
adding at the end the following:

 ``CHAPTER 27--DESTRUCTION OF OR INTERFERENCE WITH VESSELS OR MARITIME 
                               FACILITIES

``Sec.
``2701. Jurisdiction and scope.
``2702. Destruction of vessel or maritime facility.
``2703. Penalty when death results.
``2704. Imparting or conveying false information.
``Sec. 2701. Jurisdiction and scope
    ``(a) In General.--There is jurisdiction over an offense under this 
chapter if--
            ``(1) the prohibited activity takes place within the United 
        States, in waters subject to the jurisdiction of the United 
        States, or in the marine environment; or
            ``(2) the prohibited activity takes place outside the 
        United States; and
                    ``(A) an offender or a victim is a citizen of the 
                United States;
                    ``(B) a citizen of the United States was on board a 
                vessel to which this chapter applies; or
                    ``(C) the activity involves a vessel of the United 
                States.
    ``(b) Exception.--Nothing in this chapter shall apply to otherwise 
lawful activities carried out by or at the direction of the United 
States Government.
``Sec. 2702. Destruction of vessel or maritime facility
    ``(a) In General.--It is unlawful willfully--
            ``(1) to set fire to, damage, destroy, disable, or wreck 
        any vessel;
            ``(2) to place or cause to be placed a destructive device, 
        as defined in section 921(a)(4) of title 18, United States 
        Code, or destructive substance, as defined in section 13 of 
        that title, in, upon, or in proximity to, or otherwise to make 
        or cause to be made unworkable or unusable or hazardous to work 
        or use, any vessel, or any part or other materials used or 
        intended to be used in connection with the operation of a 
        vessel;
            ``(3) to set fire to, damage, destroy, or disable or place 
        a destructive device or substance in, upon, or in proximity to, 
        any maritime facility, including any aid to navigation, lock, 
        canal, or vessel traffic service facility or equipment, or 
        interferes by force or violence with the operation of such 
        facility, if such action is likely to endanger the safety of 
        any vessel in navigation;
            ``(4) to set fire to, damage, destroy, or disable or place 
        a destructive device or substance in, upon, or in proximity to, 
        any appliance, structure, property, machine, or apparatus, or 
        any facility or other material used, or intended to be used, in 
        connection with the operation, maintenance, loading, unloading 
        or storage of any vessel or any passenger or cargo carried or 
        intended to be carried on any vessel;
            ``(5) to perform an act of violence against or incapacitate 
        any individual on any vessel, if such act of violence or 
        incapacitation is likely to endanger the safety of the vessel 
        or those on board;
            ``(6) to perform an act of violence against a person that 
        causes or is likely to cause serious bodily injury, as defined 
        in section 1356 of title 18, United States Code, in, upon, or 
        in proximity to, any appliance, structure, property, machine, 
        or apparatus, or any facility or other material used, or 
        intended to be used, in connection with the operation, 
        maintenance, loading, unloading or storage of any vessel or any 
        passenger or cargo carried or intended to be carried on any 
        vessel;
            ``(7) to communicate information, knowing the information 
        to be false and under circumstances in which such information 
        may reasonably be believed, thereby endangering the safety of 
        any vessel in navigation; or
            ``(8) to attempt or conspire to do anything prohibited 
        under paragraphs (1) through (7) of this subsection.
    ``(b) General Penalty.--Violation of subsection (a) is punishable 
by a fine under title 18, imprisonment for not more than 20 years, or 
both.
    ``(c) Additional Penalty for Certain Vessels.--If the violation of 
subsection (a) involved a vessel that, at the time the violation 
occurred, carried high-level radioactive waste (as that term is defined 
in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12))) or spent nuclear fuel (as that term is defined in section 
2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))), 
then the penalty is a fine under title 18 and imprisonment for a term 
of not less than 30 years or for life.
    ``(d) Threats.--It is unlawful willfully to impart or convey any 
threat to do an act which would violate this chapter, with an apparent 
determination and will to carry the threat into execution. Violation of 
this subsection is punishable by a fine under title 18, imprisonment 
for not more than 5 years, or both. Any person convicted of violating 
this subsection is liable for all costs incurred as a result of such 
threat.
``Sec. 2703. Penalty when death results
    ``Any person convicted of any crime prohibited by this chapter that 
results in the death of another person shall be subject also to the 
death penalty or to imprisonment for life without parole.
``Sec. 2704. Imparting or conveying false information
    ``(a) In General.--It is unlawful to impart or convey or cause to 
be imparted or conveyed false information, knowing the information to 
be false, concerning an attempt or alleged attempt being made or to be 
made, to do any act which would be a crime prohibited by this chapter 
or chapter 2, 97, or 111 of title 18.
    ``(b) Penalties.--
            ``(1) Civil penalty.--Violation of subsection (a) is 
        punishable by a civil penalty of not more than $5,000, which 
        shall be recoverable in a civil action brought in the name of 
        the United States.
            ``(2) Malicious and willful violations.--If a person 
        willfully and maliciously, or with reckless disregard for the 
safety of human life, violates subsection (a), the violation is 
punishable by a fine under title 18, imprisonment for not more than 5 
years, or both.''.
    (b) Conforming Amendment.--The table of chapters for part A of 
subtitle II of title 46, United States Code, as amended by section 109 
of this Act, is further amended by inserting the following after the 
item for chapter 25:

``27. Destruction of or Interference with Vessels or            2701''.
                            Maritime Facilities.

SEC. 202. SANCTIONS FOR FAILURE TO HEAVE TO; SANCTIONS FOR OBSTRUCTION 
              OF BOARDING AND PROVIDING FALSE INFORMATION.

    (a) In General.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2237. Sanctions for failure to heave to; sanctions for 
              obstruction of boarding and providing false information
    ``(a) In General.--
            ``(1) Failure to heave to or stop.--It is unlawful for the 
        master, operator, or person in charge of a vessel of the United 
        States, or a vessel subject to the jurisdiction of the United 
        States, to knowingly fail to obey an order to heave to that 
        vessel on being ordered to do so by an authorized Federal law 
        enforcement officer.
            ``(2) Interference with enforcement activity.--It shall be 
        unlawful for any person on board a vessel of the United States 
        or a vessel subject to the jurisdiction of the United States 
        to--
                    ``(A) forcibly assault, resist, oppose, prevent, 
                impede, intimidate, or interfere with a boarding or 
                other law enforcement action authorized by any Federal 
                law, or to resist a lawful arrest; or
                    ``(B) provide information to a Federal law 
                enforcement officer during a boarding of a vessel 
                regarding the vessel's destination, origin, ownership, 
                registration, nationality, cargo, or crew, which that 
                person knows is false.
    ``(b) Application With Other Authorities.--This section does not 
limit the authority of a customs officer under section 581 of the 
Tariff Act of 1930 or any other provision of law enforced or 
administered by the Customs Service, or the authority of any Federal 
law enforcement officer under any law of the United States to order a 
vessel to stop or heave to.
    ``(c) Foreign Nations.--A foreign nation may consent or waive 
objection to the enforcement of United States law by the United States 
under this section by radio, telephone, or similar oral or electronic 
means. Consent or waiver may be proven by certification of the 
Secretary of State or the Secretary's designee.
    ``(d) Definitions.--In this section:
            ``(1) Vessel of the united states; vessel subject to the 
        jurisdiction of the united states.--The term `vessel of the 
        United States' and `vessel subject to the jurisdiction of the 
        United States' have the meaning given those terms in section 
        3(b) and (c), respectively, of the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1903(b) and (c)).
            ``(2) Heave to.--The term `heave to' means to cause a 
        vessel to slow, come to a stop, or adjust its course or speed 
        to account for the weather conditions and sea state to 
        facilitate a law enforcement boarding.
            ``(3) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' has the meaning set forth in section 
        115 of this title.
    ``(e) Penalty.--Any person who intentionally violates subsection 
(a) shall be subject to--
            ``(1) imprisonment for not more than 1 year; and
            ``(2) a fine as provided in this title.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 109 of 
title 18, United States Code, is amended by inserting after the item 
for section 2236 the following:

``2237. Sanctions for failure to heave to; sanctions for obstruction of 
                            boarding or providing false information.''.

SEC. 203. 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. 204. 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
            (3) by adding at the end the following:
            ``(3) dispatch properly trained and qualified armed Coast 
        Guard personnel aboard government, private, and commercial 
        structures and vessels to deter, prevent, or respond to acts of 
        terrorism or otherwise provide for the safety and security of 
        the port, waterways, facilities, marine environment, and 
        personnel; and
            ``(4) require the owner and operator of a commercial 
        structure or the owner, operator, charterer, master, or person 
        in charge of a vessel to provide the appropriate level of 
        security as necessary, including armed security.''.
    (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 or State maritime academies to provide training 
        carrying out duties under that section.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the department in which the Coast 
Guard is operating $13,000,000 in each of the fiscal years 2002-2006 to 
carry out section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 
1226(b)), all such funds to remain available until expended.

SEC. 205. NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.

    Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), 
as amended by section 106 of this Act, is amended by adding at the end 
the following:
    ``(i) National Maritime Transportation Security Plan.--
            ``(1) In general.--The Secretary, in consultation with 
        appropriate Federal agencies, shall prepare and publish a 
        National Maritime Transportation Security Plan for prevention 
        and response to maritime crime and terrorism. The Secretary 
        shall consult with the National Maritime Security Advisory 
        Committee in preparation of the National Maritime 
        Transportation Security Plan.
            ``(2) Contents of plan.--The Plan shall provide for 
        efficient, coordinated, and effective action to prevent and 
        respond to acts of maritime crime or terrorism, and shall 
        include--
                    ``(A) allocation of duties and responsibilities 
                among Federal departments and agencies in coordination 
                with State and local agencies and port authorities;
                    ``(B) establishment of procedures for effective 
                liaison with State and local governments and emergency 
                responders including law enforcement and fire response;
                    ``(C) establishment of criteria and procedures to 
                ensure immediate and effective Federal identification 
                of, and response to, acts of maritime crime or 
                terrorism, that result in a substantial threat to the 
                welfare of the United States;
                    ``(D) establishment of procedures for the 
                coordination of activities of--
                            ``(i) Coast Guard maritime safety and 
                        security teams established under this section;
                            ``(ii) local port security committees; and
                            ``(iii) the National Maritime Security 
                        Advisory Committee.
            ``(3) Revision authority.--The Secretary may, from time to 
        time, as the Secretary deems advisable, revise or otherwise 
        amend the National Maritime Transportation Security Plan.
            ``(4) Plan to be followed.--After publication of the Plan, 
        the planning and response to acts of maritime crime and 
        terrorism shall, to the greatest extent possible, be in 
        accordance with the Plan.
            ``(5) Copy to congress.--The Secretary shall furnish a copy 
        of the Plan to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.''.

SEC. 206. VESSEL SECURITY PLANS.

    (a) In General.--Section 4(a) of the Ports and Waterways Safety Act 
(33 U.S.C. 1223(a)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (4);
            (2) by striking ``environment.'' in paragraph (5) and 
        inserting ``environment; and''; and
            (3) by adding at the end the following:
            ``(6) may issue regulations establishing requirements for 
        vessel security plans and programs for vessels calling on 
        United States ports.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the department in which the Coast 
Guard is operating $2,000,000 for each of fiscal years 2002 through 
2006 to carry out section 4(a)(6) of the Ports and Waterways Safety Act 
(33 U.S.C. 1223(a)(6)), such sums to remain available until expended.

SEC. 207. PROTECTION OF SECURITY-RELATED INFORMATION.

    Section 7(c) of the Ports and Waterways Safety Act (33 U.S.C. 
1226(c)) is amended to read as follows:
    ``(c) Nondisclosure of Information.--Notwithstanding any other 
provision of law, information developed under this section, and vessel 
security plan information developed under section 4(a)(6) of this Act 
(33 U.S.C. 1223(a)(6)), is not required to be disclosed to the public. 
This includes information related to security plans, procedures, or 
programs for passenger vessels or passenger terminals authorized under 
this Act, and any other information, including maritime facility 
security plans, vessel security plans and port vulnerability 
assessments.''.

SEC. 208. ENHANCED CREWMEMBER IDENTIFICATION.

    The Secretary of Transportation, in consultation with the Attorney 
General, may require crewmembers aboard vessels calling on United 
States ports to carry and present upon demand such identification as 
the Secretary determines.

SEC. 209. PIRACY AND PRIVATEERING.

    Part I of title 18, United States Code, is amended by striking 
chapter 81 and inserting the following:

                 ``CHAPTER 81--PIRACY AND PRIVATEERING

``Sec.
``1651. Piracy.
``1652. Crimes against United States persons or property on board a 
                            ship or maritime structure.
``1653. Crimes against persons on board a ship or maritime structure 
                            within the territorial jurisdiction of the 
                            United States.
``1654. Crimes by United States citizens or resident aliens.
``1655. Privateering.
``1656. Theft or conversion of vessel, maritime structure, cargo, or 
                            effects.
``1657. Intentional wrecking or plunder of a vessel, maritime 
                            structure, cargo, or effects.
``1658. Knowing receipt of an illegally acquired vessel, maritime 
                            structure, cargo, or effects.
``1659. Attempts.
``1660. Accessories.
``1661. Inapplicability to United States Government activities.
``Sec. 1651. Piracy
    ``(a) In General.--It is unlawful to commit piracy.
    ``(b) Penalty.--Any person who violates subsection (a) and is 
afterwards brought into or found in the United States, shall be 
imprisoned for life.
``Sec. 1652. Crimes against United States persons or property on board 
              a ship or maritime structure
    ``(a) In General.--It is unlawful to commit any act of violence, 
detention, or depredation against the United States, including any 
vessel of the United States, citizen of the United States, any 
commercial structure owned in whole or in part by a United States 
citizen or resident alien, or any United States citizen or resident 
alien, or his or her property, on board a ship or maritime structure.
    ``(b) Penalty.--Any person who violates subsection (a) and is 
afterwards brought into or found in the United States, shall be fined 
under this title, imprisoned not more than 20 years, or both.
``Sec. 1653. Crimes against persons on board a ship or maritime 
              structure within the territorial jurisdiction of the 
              United States
    ``(a) In General.--It is unlawful to commit any act of violence, 
detention, or depredation against a person on board a ship or maritime 
structure, or his or her property, in waters subject to the 
jurisdiction of the United States or the marine environment.
    ``(b) Penalty.--Violation of subsection (a) is punishable by a fine 
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1654. Crimes by United States citizens or resident aliens
    ``(a) In General.--It is unlawful for an individual who is a United 
States citizen or resident alien, or purporting to act under the 
authority of the United States, to commit any act of violence, 
detention, or depredation against a person on board a ship or maritime 
structure, or his or her property.
    ``(b) Penalty.--Violation of subsection (a) is punishable by a fine 
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1655. Privateering
    ``(a) In General.--It is unlawful for any person to furnish, fit 
out, arm, or serve in a privateer or private vessel used to commit any 
illegal act of violence, detention, or depredation against a person, or 
his or her property, or any vessel or maritime structure without the 
express authority of the United States government, if--
            ``(1) the perpetrator of the act is a United States citizen 
        or resident alien, or purports to act under authority of the 
        United States; or
            ``(2) the individual against whom the act is committed is a 
        United States citizen or resident alien or the property, 
        vessel, or maritime structure involved is owned, in whole or in 
        part, by a United States citizen or resident alien; or
            ``(3) some element of the illegal act of violence, 
        detention, or depredation is committed in waters subject to the 
        jurisdiction of the United States.
    ``(b) Penalty.--Violation of subsection (a) is punishable by a fine 
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1656. Theft or conversion of vessel, maritime structure, cargo, 
              or effects
    ``(a) In General.--It is unlawful for an individual who is a 
captain, officer, crewman, or passenger of a vessel or maritime 
structure to assist in the theft or conversion of that vessel or 
maritime structure, or its cargo, or effects if--
            ``(1) the perpetrator is a United States citizen or 
        resident alien, or purports to act under authority of the 
        United States;
            ``(2) the vessel, maritime structure, cargo, or effects is 
        owned in whole or in part by a United States citizen or 
        resident alien; or
            ``(3) some element of the theft or conversion is committed 
        in waters subject to the jurisdiction of the United States.
    ``(b) Penalty.--Violation of subsection (a) is punishable by a fine 
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1657. Intentional wrecking or plunder of a vessel, maritime 
              structure, cargo, or effects
    ``(a) In General.--Under the circumstances described in subsection 
(b), it is unlawful intentionally--
            ``(1) to cause the wrecking of a vessel or maritime 
        structure by act or omission, either directly, such as by 
        intentional grounding, or indirectly by modification or 
        destruction of any navigational marker or safety device;
            ``(2) to plunder, steal, or destroy a vessel, maritime 
        structure, cargo or effects when said vessel or maritime 
        structure is in distress, wrecked, lost, stranded, or cast 
        away; or
            ``(3) to obstruct or interfere with the rescue of a person 
        on board a vessel or maritime structure in distress, wrecked, 
        lost, stranded, or cast away, or the legal salvage of such a 
        vessel, maritime structure, cargo, or effects.
    ``(b) Applicable Circumstances.--The prohibitions described in 
subsection (a) apply whenever--
            ``(1) the perpetrator is a United States citizen or 
        resident alien, or purports to act under authority of the 
        United States;
            ``(2) the vessel, maritime structure, cargo, or effects is 
        owned in whole or in part by a United States citizen or 
        resident alien; or
            ``(3) some element of the theft or conversion is committed 
        in waters subject to the jurisdiction of the United States.
    ``(c) Penalty.--Violation of this section is punishable by a fine 
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1658. Knowing receipt of an illegally acquired vessel, maritime 
              structure, cargo, or effects
    ``(a) In General.--It is unlawful for any person knowingly to 
receive or acquire a vessel, maritime structure, cargo, or effects 
converted or obtained by any act prohibited by any section of this 
chapter.
    ``(b) Penalty.--Violation of subsection (a) is punishable by a fine 
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1659. Attempts
    ``(a) In General.--It is unlawful for any person to attempt any act 
which, if committed, would constitute a crime under any section of this 
chapter.
    ``(b) Penalty.--Violation of subsection (a) is punishable by a fine 
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1660. Accessories
    ``(a) In General.--It is unlawful for any person knowingly--
            ``(1) to assist any person in the commission of any act 
        which constitutes a crime under any section of this chapter; or
            ``(2) to assist any person in avoiding the consequences of 
        an act which constitutes a crime under any section of this 
        chapter.
    ``(b) Penalty.--Violation of subsection (a) is punishable by a fine 
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1661. Inapplicability to United States Government activities
    ``Nothing in this chapter applies to otherwise lawful activities 
carried out by or at the direction of the United States Government, nor 
to otherwise lawful activities undertaken under a letter of marque and 
reprisal issued by the United States.''.

SEC. 210. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION, 
              PLACEMENT OF DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.

    (a) Interference With Navigational Devices.--Section 2280(a) of 
title 18, United States Code, is amended--
            (1) by redesignating subparagraphs (F), (G), and (H) of 
        paragraph (1) as subparagraphs (G), (H), and (I), respectively;
            (2) by inserting after subparagraph (E) in paragraph (1) 
        the following:
                    ``(F) destroys, damages, alters, moves or tampers 
                with any aid to maritime navigation, maintained by the 
                Saint Lawrence Seaway Development Corporation under 
                section 4 of the Act of May 13, 1954 (68 Stat. 94; 33 
                U.S.C. 984), or by the Coast Guard pursuant to section 
                81 of title 14, United States Code, or lawfully 
                maintained under authority granted by the Coast Guard 
                pursuant to section 83 of that title, if such act 
                endangers or is likely to endanger the safe navigation 
                of a ship;'';
            (3) by striking ``(G),'' in subparagraph (I), as 
        redesignated, and inserting ``(H),''; and
            (4) by striking ``(C) or (E),'' in paragraph (2) and 
        inserting ``(C), (E), or (F),''.
    (b) Destructive Devices.--
            (1) In general.--Chapter 111 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2282. Devices or substances in waters of the United States 
              likely to destroy or damage ships
    ``(a) In General.--It is unlawful knowingly to place or cause to be 
placed in waters subject to the jurisdiction of the United States, by 
any means whatsoever, a device or substance which is likely to destroy 
or cause damage to a ship or its cargo, or cause interference with the 
safe navigation of vessels, or interference with maritime commerce, 
such as by damaging or destroying marine terminals, facilities, and any 
other maritime structure or entity used in maritime commerce, with the 
intent of causing such destruction or damage.
    ``(b) Penalty.--Violation of subsection (a) is punishable by a fine 
under this title, imprisonment for a term of years or for life, or 
both. If the death of any person results from the violation, the 
violation may be punished by death.
    ``(c) Exception.--Nothing in this section shall be construed to 
apply to otherwise lawfully authorized and conducted activities of the 
United States Government.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        111 of title 18, United States Code, is amended by adding at 
        the end the following:

``2282. Devices or substances in waters of the United States likely to 
                            destroy or damage ships.''.
    (c) Sonar Survey Program.--There is authorized to be appropriated 
to the Secretary of the Navy $40,000,000 for hydrographic survey 
programs carried out by the Naval Oceanographic Office to enhance the 
security of United States waters.
                                 <all>