[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3983 Reported in House (RH)]






                                                 Union Calendar No. 240
107th CONGRESS
  2d Session
                                H. R. 3983

                          [Report No. 107-405]

To ensure the security of maritime transportation in the United States 
           against acts of terrorism, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2002

 Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. LoBiondo, and Ms. 
Brown of Florida) introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

                             April 11, 2002

     Additional sponsors: Mr. DeFazio, Mr. Baird, and Mr. Bereuter

                             April 11, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               18, 2002]

_______________________________________________________________________

                                 A BILL


 
To ensure the security of maritime transportation in the United States 
           against acts of terrorism, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Maritime 
Transportation Antiterrorism Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Port security.
Sec. 3. Clarification of Coast Guard authority to control vessels in 
                            territorial waters of the United States.
Sec. 4. Extension of seaward jurisdiction.
Sec. 5. Suspension of limitation on strength of Coast Guard.
Sec. 6. Extension of Deepwater Port Act to natural gas.
Sec. 7. Assignment of Coast Guard personnel as sea marshals and 
                            enhanced use of other security personnel.
Sec. 8. Automatic identification system.

SEC. 2. PORT SECURITY.

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

                      ``Subtitle VI--Miscellaneous

``Chap.                                                            Sec.
``701.  Port Security                                             70101
                      ``CHAPTER 701--PORT SECURITY

``Sec.
``70101. Definitions.
``70102. United States facility vulnerability assessments.
``70103. Catastrophic emergency planning.
``70104. Antiterrorism response.
``70105. Transportation security cards.
``70106. Maritime antiterrorism teams.
``70107. Grants.
``70108. Foreign port assessment.
``70109. Notifying foreign authorities.
``70110. Actions when foreign ports not maintaining effective 
                            antiterrorism measures.
``70111. Shipping container antiterrorism.
``70112. Crew and passenger manifests.
``70113. Civil penalty.
``Sec. 70101. Definitions
    ``For the purpose of this chapter:
            ``(1) The term `Area Maritime Transportation Antiterrorism 
        Plan' means an Area Maritime Transportation Antiterrorism Plan 
        prepared under section 70103(b).
            ``(2) The term `catastrophic emergency' means any event 
        caused by a terrorist act in the United States or on a vessel 
        on a voyage to or from the United States that causes, or may 
        cause, substantial loss of human life or major economic 
        disruption in any particular area.
            ``(3) The term `facility' means any structure or facility 
        of any kind located in, on, under, or adjacent to any waters 
        subject to the jurisdiction of the United States.
            ``(4) The term `National Maritime Transportation 
        Antiterrorism Plan' means the National Maritime Transportation 
        Antiterrorism Plan prepared and published under section 
        70103(a).
            ``(5) The term `owner or operator' means--
                    ``(A) in the case of a vessel, any person owning, 
                operating, or chartering by demise, such vessel, and
                    ``(B) in the case of a facility, any person owning 
                or operating such facility.
            ``(6) The term `Secretary' means the Secretary of 
        Transportation.
            ``(7) The term `Under Secretary' means the Under Secretary 
        of Transportation for Security.
``Sec. 70102. United States facility vulnerability assessments
    ``(a) In General.--The Secretary shall conduct a port vulnerability 
assessment, including an assessment of the vulnerability of each 
facility in a port, for each port in the United States for which the 
Secretary believes there is a high risk of catastrophic emergency.
    ``(b) Facility Assessments.--(1) An assessment under this section 
for a port shall include an assessment of each facility in the port.
    ``(2) Upon completion of an assessment under this section for a 
port, the Secretary shall provide to the owner or operator of each 
facility in the port a copy of the assessment of the facility under 
this subsection.
    ``(c) Acceptance of Existing Assessment.--In lieu of conducting 
such a port vulnerability assessment under this section, the Secretary 
may accept an assessment conducted by or on behalf of a port authority 
or marine terminal operator.
``Sec. 70103. Catastrophic emergency planning
    ``(a) National Maritime Transportation Antiterrorism Plan.--(1) The 
Secretary shall prepare a National Maritime Transportation 
Antiterrorism Plan for deterring a catastrophic emergency.
    ``(2) The National Maritime Transportation Antiterrorism Plan shall 
provide for efficient, coordinated, and effective action to deter and 
minimize damage from catastrophic emergencies, and shall include the 
following:
            ``(A) Assignment of duties and responsibilities among 
        Federal departments and agencies in coordination with State and 
        local governmental agencies.
            ``(B) Identification of security resources.
            ``(C) Establishment of procedures for the coordination of 
        activities of--
                    ``(i) Coast Guard maritime antiterrorism teams 
                established under this chapter; and
                    ``(ii) Federal Maritime Antiterrorism Coordinators.
            ``(D) A system of surveillance and notice designed to 
        safeguard against as well as ensure earliest possible notice of 
        catastrophic emergencies and imminent threats of catastrophic 
        emergencies to the appropriate State and Federal agencies.
            ``(E) Establishment of criteria and procedures to ensure 
        immediate and effective Federal identification of a 
catastrophic emergency, or the substantial threat of a catastrophic 
emergency.
            ``(F) Designation of--
                            ``(i) areas for which Area Maritime 
                        Transportation Antiterrorism Plans are required 
                        to be prepared under subsection (b); and
                            ``(ii) a Coast Guard official who shall be 
                        the Federal Maritime Antiterrorism Coordinator 
                        for each such area.
    ``(3) The Secretary may, from time to time, as the Secretary 
considers advisable, revise or otherwise amend the National Maritime 
Transportation Antiterrorism Plan.
    ``(4) Actions to deter and minimize damage from catastrophic 
emergencies shall, to the greatest extent possible, be in accordance 
with the National Maritime Transportation Antiterrorism Plan.
    ``(b) Area Maritime Transportation Antiterrorism Plans.--(1) The 
Federal Maritime Antiterrorism Coordinator designated under subsection 
(a)(2)(F) for an area shall--
            ``(A) submit to the Secretary an Area Maritime 
        Transportation Antiterrorism Plan for the area; and
            ``(B) solicit advice from local harbor safety advisory 
        committees to assure preplanning of joint terrorism deterrence 
        efforts, including appropriate procedures for deterrence of 
        acts of terrorism.
    ``(2) The Area Maritime Transportation Antiterrorism Plan shall--
            ``(A) when implemented in conjunction with the National 
        Maritime Transportation Antiterrorism Plan, be adequate to 
        deter a terrorist act in or near the area to the maximum extent 
        practicable;
            ``(B) describe the area covered by the plan, including the 
        areas of population or special economic, environmental or 
        national security importance that might be damaged by a 
        terrorist act;
            ``(C) describe in detail how the plan is integrated with 
        other Area Maritime Transportation Antiterrorism Plans, and 
        with facility antiterrorism plans and vessel antiterrorism 
        plans under this section;
            ``(D) include any other information the Secretary requires; 
        and
            ``(E) be updated at least every five years by the Federal 
        Maritime Antiterrorism Coordinator.
    ``(3) The Secretary shall--
            ``(A) review and approve Area Maritime Transportation 
        Antiterrorism Plans under this subsection; and
            ``(B) periodically review previously approved Area Maritime 
        Transportation Antiterrorism Plans.
    ``(c) Vessel and Facility Antiterrorism Plans.--(1) Before January 
1, 2003, an owner or operator of a vessel or facility described in 
paragraph (2) shall prepare and submit to the Secretary a antiterrorism 
plan for the vessel or facility, for deterring a catastrophic emergency 
to the maximum extent practicable.
    ``(2) The vessels and facilities referred to in paragraph (1) are 
vessels and facilities that the Secretary believes may be involved in a 
catastrophic emergency.
    ``(3) A antiterrorism plan required under this subsection shall--
            ``(A) be consistent with the requirements of the National 
        Maritime Transportation Antiterrorism Plan and Area Maritime 
        Transportation Antiterrorism Plans;
            ``(B) identify the qualified individual having full 
        authority to implement antiterrorism actions, and require 
        immediate communications between that individual and the 
        appropriate Federal official and the persons providing 
        personnel and equipment pursuant to subparagraph (C);
            ``(C) identify, and ensure by contract or other means 
        approved by the Secretary, the availability of antiterrorism 
        measures necessary to deter a catastrophic emergency or a 
        substantial threat of such a catastrophic emergency;
            ``(D) describe the training, periodic unannounced drills, 
        and antiterrorism actions of persons on the vessel or at the 
        facility, to be carried out under the plan to deter a 
        catastrophic emergency, or a substantial threat of a 
        catastrophic emergency;
            ``(E) be updated at least every five years; and
            ``(F) be resubmitted for approval of each significant 
        change.
    ``(4) The Secretary shall--
            ``(A) promptly review each such plan;
            ``(B) require amendments to any plan that does not meet the 
        requirements of this subsection;
            ``(C) approve any plan that meets the requirements of this 
        subsection; and
            ``(D) review each plan periodically thereafter.
    ``(5) A vessel or facility for which a plan is required to be 
submitted under this subsection may not operate after January 1, 2003, 
unless--
            ``(A) the plan has been approved by the Secretary; and
            ``(B) the vessel or facility is operating in compliance 
        with the plan.
    ``(6) Notwithstanding paragraph (5), the Secretary may authorize a 
vessel or facility to operate without a antiterrorism plan approved 
under this subsection, until not later than 1 year after the date of 
the submission to the Secretary of a plan for the vessel or facility, 
if the owner or operator certifies that the owner or operator has 
ensured by contract or other means approved by the Secretary to deter a 
catastrophic emergency or a substantial threat of a catastrophic 
emergency.
    ``(7) The Secretary shall require each operator of a vessel or 
facility located within or adjacent to waters subject to the 
jurisdiction of the United States to implement any necessary interim 
security measures until the antiterrorism plan for that vessel or 
facility operator is approved.
    ``(d) Nondisclosure of Information.--Notwithstanding any other 
provision of law, information developed under this chapter is not 
required to be disclosed to the public, including--
            ``(1) facility antiterrorism plans, vessel antiterrorism 
        plans, and port vulnerability assessments; and
            ``(2) other information related to antiterrorism plans, 
        procedures, or programs for vessels or terminals authorized 
        under this chapter.
``Sec. 70104. Antiterrorism response
    ``(a) Coordination.--The Secretary shall cooperate with the 
Director of the Federal Emergency Management Agency to ensure that 
Federal, State, and local terrorism response resources are coordinated 
as part of the Director's terrorism response plan for United States 
ports and waterways.
    ``(b) Vessel Response Plan System.--Before January 1, 2003, the 
Secretary shall establish a system of antiterrorism response plans for 
vessels that may be involved in a catastrophic emergency.
``Sec. 70105. Transportation security cards
    ``(a) Prohibition.--(1) An individual shall not enter an area of a 
vessel or facility that is designated as a secure area in an 
antiterrorism plan for the vessel or facility that is approved by the 
Secretary under section 70103(c) unless the individual--
            ``(A) holds a transportation security card issued under 
        this section and is authorized to be in the area in accordance 
        with the plan; or
            ``(B) is accompanied by another individual who holds a 
        transportation security card issued under this section and is 
        authorized to be in the area in accordance with the plan.
    ``(2) A person shall not admit an individual into such a secure 
area unless the entry of the individual into the area is in compliance 
with paragraph (1).
    ``(b) Issuance of Cards.--(1) The Secretary shall issue a 
transportation security card to an individual specified in paragraph 
(2), unless the Secretary decides that the individual poses a terrorism 
security risk warranting denial of the card.
    ``(2) This subsection applies to--
            ``(A) an individual allowed unescorted access to a secure 
        area designated in a maritime transportation antiterrorism 
        plan;
            ``(B) an individual issued a license, certificate of 
        registry, or merchant mariners document under part E of 
        subtitle II of this title;
            ``(C) a vessel pilot;
            ``(D) an individual engaged on a towing vessel that pushes, 
        pulls, or hauls alongside a tank vessel; and
            ``(E) an individual engaged on a vessel that may be 
        involved in a catastrophic emergency.
    ``(c) Determination of Terrorism Security Risk.--(1) An individual 
may not be denied a transportation security card under subsection (a) 
unless the Secretary determines that individual--
            ``(A) has been convicted of a felony that the Secretary 
        believes could be a terrorism security risk to the United 
        States;
            ``(B) may be denied admission to the United States or 
        removed from the United States under the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.); or
            ``(C) otherwise poses a terrorism security risk to the 
        United States.
    ``(2) In making a determination under paragraph (1), the Secretary 
shall give consideration to the circumstances of any disqualifying act 
or offense, restitution made by the individual, Federal and State 
mitigation remedies, and other factors from which it may be concluded 
that the individual does not pose a terrorism security risk warranting 
denial of the card.
    ``(3) The Secretary shall establish an appeals process under this 
section for individuals found to be ineligible for a transportation 
security card that includes notice and an opportunity for a hearing.
    ``(4) Upon application, the Secretary may issue a transportation 
security card to an individual if the Secretary has previously 
determined, under section 5103a of title 49, that the individual does 
not pose a security risk.
    ``(d) Background Records Check.--(1) On request of the Secretary, 
the Attorney General shall--
            ``(A) conduct a background records check regarding the 
        individual; and
            ``(B) upon completing the background records check, notify 
        the Secretary of the completion and results of the background 
        records check.
    ``(2) A background records check regarding an individual under this 
subsection shall consist of the following:
            ``(A) A check of the relevant criminal history databases.
            ``(B) In the case of an alien, a check of the relevant 
        databases to determine the status of the alien under the 
        immigration laws of the United States.
            ``(C) As appropriate, a check of the relevant international 
        databases or other appropriate means.
            ``(D) Review of any other national security-related 
        information or database identified by the Attorney General for 
        purposes of such a background records check.
    ``(e) Restrictions on Use and Maintenance of Information.--(1) 
Information obtained by the Attorney General or the Secretary of 
Transportation under this section may not be made available to the 
public under section 552 of title 5.
    ``(2) Any information constituting grounds for denial of a 
transportation security card under subsection (c)(1) shall be 
maintained confidentially by the Secretary and may be used only for 
making determinations under this section.
    ``(f) Definition.--In this section, the term `alien' has the 
meaning given the term in section 101(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(3)).
``Sec. 70106. Maritime antiterrorism teams
    ``(a) In General.--The Secretary shall establish maritime 
antiterrorism teams to safeguard the public and protect vessels, ports, 
facilities, and cargo on waters subject to the jurisdiction of the 
United States from terrorist activity.
    ``(b) Mission.--Each maritime antiterrorism team shall be trained, 
equipped, and capable of being employed to deter, protect against, and 
rapidly respond to threats of terrorism.
    ``(c) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime antiterrorism team shall coordinate its 
activities with other Federal, State, and local law enforcement 
agencies.
``Sec. 70107. Grants
    ``(a) Financial Assistance.--The Under Secretary may provide 
financial assistance for enhanced facility security--
            ``(1) to implement a maritime antiterrorism plan approved 
        by the Secretary; or
            ``(2) to implement an interim measure required by the 
        Secretary under section 70103(c)(7).
    ``(b) Matching Requirements.--(1) Except as provided in paragraph 
(2), Federal funds for any project under this section shall not exceed 
75 percent of the total cost of such project.
    ``(2)(A) There are no matching requirements for grants under 
subsection (a) for projects costing not more than $25,000.
    ``(B) If the Under Secretary determines that a proposed project 
merits support and cannot be undertaken without a higher rate of 
Federal support, then the Under Secretary may approve grants under this 
section with a matching requirement other than that specified in 
paragraph (1).
    ``(c) Project Proposals.--Each proposal for a grant under this 
section shall include the following:
            ``(1) The name of the individual or entity responsible for 
        conducting the project.
            ``(2) A comprehensive description of the need for the 
        project, and a statement of the project's relationship to the 
        Area Maritime Transportation Antiterrorism Plan that applies to 
        the location where the project will be carried out.
            ``(3) A description of the qualifications of the 
        individuals who will conduct the project.
            ``(4) An estimate of the funds and time required to 
        complete the project.
            ``(5) Information regarding the source and amount of 
        matching funding available to the applicant, as appropriate.
            ``(6) Any other information the Under Secretary considers 
        to be necessary for evaluating the eligibility of the project 
        for funding under this section.
    ``(d) Authorization of Appropriations.--(1) To carry out this 
section there is authorized to be appropriated to the Secretary 
$75,000,000 for each of fiscal years 2003, 2004, and 2005.
    ``(2) Of amounts available under this section, $7,500,000 shall be 
used for proof-of-concept technology grants.
    ``(3) Amounts appropriated under this section may remain available 
until expended.
``Sec. 70108. Foreign port assessment
    ``(a) In General.--The Secretary shall assess the effectiveness of 
the antiterrorism measures maintained at--
            ``(1) a foreign port--
                    ``(A) served by vessels documented under chapter 
                121 of this title; or
                    ``(B) from which foreign vessels depart on a voyage 
                to the United States; and
            ``(2) any other foreign port the Secretary believes poses a 
        high risk of introducing terrorism to international maritime 
        commerce.
    ``(b) Procedures.--In conducting an assessment under subsection 
(a), the Secretary shall assess the effectiveness of--
            ``(1) screening of containerized and other cargo and 
        baggage;
            ``(2) security measures to restrict access to cargo, 
        vessels, and dockside property to authorized personnel only;
            ``(3) additional security on board vessels;
            ``(4) licensing or certification of compliance with 
        appropriate security standards;
            ``(5) the security management program of the foreign port; 
        and
            ``(6) other appropriate measures to deter terrorism against 
        the United States.
    ``(c) Consultation.--In carrying out this section, the Secretary 
may consult with--
            ``(1) the Secretary of Defense and the Secretary of State--
                    ``(A) on the terrorist threat that exists in each 
                country involved; and
                    ``(B) to identify foreign ports that pose a high 
                risk of introducing terrorism to international maritime 
                commerce;
            ``(2) the Secretary of the Treasury;
            ``(3) appropriate authorities of foreign governments; and
            ``(4) operators of vessels.
``Sec. 70109. Notifying foreign authorities
    ``If the Secretary, after conducting an assessment under section 
70108, finds that a port in a foreign country does not maintain 
effective antiterrorism measures, the Secretary shall notify the 
appropriate authorities of the government of the foreign country of the 
finding and recommend the steps necessary to improve the antiterrorism 
measures in use at the port.
``Sec. 70110. Actions when foreign ports not maintaining effective 
              antiterrorism measures
    ``(a) In General.--If the Secretary finds that a foreign port does 
not maintain effective antiterrorism measures, the Secretary may--
            ``(1) prescribe conditions of entry into the United States 
        for any vessel arriving from that port, or any vessel carrying 
        cargo originating from or transshipped through that port; and
            ``(2) deny entry into the United States to any vessel that 
        does not meet such conditions.
    ``(b) Effective Date for Sanctions.--Any action taken by the 
Secretary under subsection (a) for a particular port shall take 
effect--
            ``(1) 90 days after the government of the foreign country 
        with jurisdiction over or control of that port is notified 
        under section 70109 unless the Secretary finds that the 
        government has brought the antiterrorism measures at the port 
        up to the security level the Secretary used in making an 
        assessment under section 70108 before the end of that 90-day 
        period; or
            ``(2) immediately upon the finding of the Secretary under 
        subsection (a) if the Secretary finds, after consulting with 
        the Secretary of State, that a condition exists that threatens 
        the safety or security of passengers, vessels, or crew 
        traveling to or from the port.
    ``(c) State Department To Be Notified.--The Secretary immediately 
shall notify the Secretary of State of a finding that a port does not 
maintain effective antiterrorism measures.
    ``(d) Action Canceled.--An action required under this section is no 
longer required if the Secretary decides that effective antiterrorism 
measures are maintained at the port.
``Sec. 70111. Shipping container antiterrorism
    ``(a) In General.--By not later than June 30, 2003, the Under 
Secretary, in consultation with the Transportation Security Oversight 
Board, shall--
            ``(1) develop and maintain a antiterrorism cargo 
        identification and screening system for containerized cargo 
        shipped to and from the United States either directly or via a 
        foreign port; and
            ``(2) develop performance standards to enhance the physical 
        security of shipping containers, including standards for seals 
        and locks.
    ``(b) Provision of Information.--An ocean common carrier, customs 
broker, freight forwarder, nonvessel operating common carrier, and 
shipper shall provide to the Under Secretary, by electronic 
transmission, containerized cargo information in a manner and form 
prescribed by the Under Secretary.
    ``(c) Deadline for Providing Information.--The information required 
under subsection (b) shall be provided to the Under Secretary not later 
than 24 hours before the cargo destined for the United States is loaded 
on a vessel.
    ``(d) Denial of Entry.--The Secretary, upon request of the Under 
Secretary, may deny entry by a vessel into the United States if all 
information requested by the Under Secretary with respect to cargo on 
the vessel is not provided before the deadline under subsection (c).
``Sec. 70112. Crew and passenger manifests
    ``(a) In General.--The operator of each commercial vessel arriving 
in the United States from a foreign port shall provide to the Under 
Secretary by electronic transmission a passenger and crew manifest 
containing the information specified in subsection (b).
    ``(b) Information.--A passenger and crew manifest required under 
subsection (a) for a vessel shall contain the following information:
            ``(1) The full name of each passenger and crew member.
            ``(2) The date of birth and citizenship of each passenger 
        and crew member.
            ``(3) The sex of each passenger and crew member.
            ``(4) The passport number and country of issuance of each 
        passenger and crew member if required for travel.
            ``(5) The United States visa number or resident alien card 
        number of each passenger and crew member, as applicable.
            ``(6) Such other information as the Under Secretary 
        determines is reasonably necessary to ensure maritime safety.
    ``(c) Transmission of Manifest.--Subject to subsection (d), a 
passenger and crew manifest required for a vessel under subsection (a) 
shall be transmitted to the Under Secretary in advance of the vessel 
arriving in the United States in such manner, time, and form as the 
Under Secretary prescribes.
    ``(d) Transmission of Manifests to Other Federal Agencies.--Upon 
request, information provided to the Under Secretary under this section 
may be shared with other Federal agencies for the purpose of protecting 
national security.
``Sec. 70113. Civil penalty
    ``Any person that violates this chapter or any regulation under 
this chapter shall be liable to the United States for a civil penalty 
of not more than $25,000 for each violation.''.
    (b) Conforming Amendment.--The table of subtitles at the beginning 
of title 46, United States Code, is amended by adding at the end the 
following:

``VI. MISCELLANEOUS.........................................   70101''.
    (c) Application of Crew and Passenger Manifest Requirement.--
Section 70112 of title 46, United States Code, as enacted by the 
amendment made by subsection (a), shall apply with respect to any 
vessel arriving in the United States after the 60-day period beginning 
on the date of the enactment of this Act.
    (d) Rulemaking Requirements.--
            (1) Interim final rule authority.--The Secretary may issue 
        an interim final rule as a temporary regulation implementing 
        this section (including the amendments made by this section) as 
        soon as practicable after the date of enactment of this 
        section, without regard to the provisions of chapter 5 of title 
        5, United States Code.
            (2) Initiation of rulemaking.--The Secretary may initiate a 
        rulemaking to implement this section (including the amendments 
        made by this section) as soon as practicable after the date of 
        enactment of this section. The final rule issued pursuant to 
        that rulemaking may supersede the interim final rule 
        promulgated under this subsection.

SEC. 3. CLARIFICATION OF COAST GUARD AUTHORITY TO CONTROL VESSELS IN 
              TERRITORIAL WATERS OF THE UNITED STATES.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended by adding at the end the following:

``SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DIRECTION OF VESSELS 
              BY COAST GUARD.

    ``(a) Notification of Coast Guard.--Under regulations prescribed by 
the Secretary, a commercial vessel entering the territorial sea of the 
United States shall notify the Secretary by electronic transmission not 
later than 96 hours before that entry and provide the following 
information regarding the vessel:
            ``(1) The name of the vessel.
            ``(2) The route and port or place of destination in the 
        United States.
            ``(3) The time of entry into the territorial sea.
            ``(4) Any information requested by the Secretary to 
        demonstrate compliance with applicable international agreements 
        to which the United States is a party.
            ``(5) If the vessel is carrying dangerous cargo, a 
        description of that cargo.
            ``(6) A description of any hazardous conditions on the 
        vessel.
            ``(7) Any other information requested by the Secretary.
    ``(b) Denial of Entry.--The Secretary may deny entry of a vessel 
into the territorial sea of the United States if--
            ``(1) the Secretary has not received notification for the 
        vessel in accordance with subsection (a); or
            ``(2) the vessel is not in compliance with any other 
        applicable law relating to marine safety, security, or 
        environmental protection.
    ``(c) Direction of Vessel.--The Secretary may direct the operation 
of any vessel in the navigable waters of the United States as necessary 
during hazardous circumstances, including the absence of a pilot 
required by State or Federal law, weather, casualty, vessel traffic, or 
the poor condition of the vessel.
    ``(d) Implementation.--The Secretary shall implement this section 
consistent with section 4(d).''.

SEC. 4. EXTENSION OF SEAWARD JURISDICTION.

    (a) Definition of Territorial Waters.--Section 1 of title XIII of 
the Act of June 15, 1917 (50 U.S.C. 195) is amended--
            (1) by striking ``The term `United States' as used in this 
        Act includes'' and inserting the following:
    ``In this Act:
            ``(1) United states.--The term `United States' includes''; 
        and
            (2) by adding at the end the following:
            ``(2) Territorial waters.--The term `territorial waters of 
        the United States' includes all waters of the territorial sea 
        of the United States as described in Presidential Proclamation 
        5928 of December 27, 1988.''.
    (b) Civil Penalty for Violation of Act of June 15, 1917.--Section 2 
of title II of the Act of June 15, 1917 (50 U.S.C. 192), is amended--
            (1) by inserting ``(a) In General.--'' before ``If'' in the 
        first undesignated paragraph;
            (2) by striking ``(a) If any other'' and inserting ``(b) 
        Application to Others.--If any other''; and
            (3) by adding at the end the following:
    ``(c) Civil Penalty.--A person violating this Act, or any rule, 
regulation or order issued under this Act, shall be liable to the 
United States Government for a civil penalty of not more than $25,000 
for each violation. Each day of a continuing violation shall constitute 
a separate violation.''.

SEC. 5. SUSPENSION OF LIMITATION ON STRENGTH OF COAST GUARD.

    (a) Personnel End Strengths.--Section 661(a) of title 14, United 
States Code, is amended by adding at the end the following: ``If at the 
end of any fiscal year there is in effect a declaration of war or 
national emergency, the President may defer the effectiveness of any 
end-strength limitation with respect to that fiscal year prescribed by 
law for any military or civilian component of the Coast Guard, for a 
period not to exceed 6 months after the end of the war or termination 
of the national emergency.''.
    (b) Officers in Coast Guard Reserve.--Section 724 of title 14, 
United States Code, is amended by adding at the end thereof the 
following:
    ``(c) Deferral of Limitation.--If at the end of any fiscal year 
there is in effect a declaration of war or national emergency, the 
President may defer the effectiveness of any end-strength limitation 
with respect to that fiscal year prescribed by law for any military or 
civilian component of the Coast Guard Reserve, for a period not to 
exceed 6 months after the end of the war or termination of the national 
emergency.''.

SEC. 6. EXTENSION OF DEEPWATER PORT ACT TO NATURAL GAS.

    The following provisions of the Deepwater Port Act of 1974 (33 
U.S.C. 1501 et seq.) are each amended by inserting ``or natural gas'' 
after ``oil'' each place it appears:
            (1) Section 2(a) (33 U.S.C. 1501(a)).
            (2) Section 3(9) (33 U.S.C. 1502(9)).
            (3) Section 4(a) (33 U.S.C. 1503(a)).
            (4) Section 5(c)(2)(G) and (H) (33 U.S.C. 1504(c)(2)(G) and 
        (H)).
            (5) Section 5(i)(2)(B) (33 U.S.C. 1504(i)(2)(B)).
            (6) Section 5(i)(3)(C) (33 U.S.C. 1504 (i)(3)(C)).
            (7) Section 8 (33 U.S.C. 1507).
            (8) Section 21(a) (33 U.S.C. 1520(a)).

SEC. 7. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS AND 
              ENHANCED USE OF OTHER SECURITY PERSONNEL.

    (a) In General.--Section 7(b) of the Ports and Waterways Safety Act 
(33 U.S.C. 1226(b)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (1);
            (2) by striking ``terrorism.'' in paragraph (2) and 
        inserting ``terrorism; and''; and
            (3) by adding at the end the following:
            ``(3) dispatch properly trained and qualified armed Coast 
        Guard personnel on facilities and vessels to deter or respond 
        to acts of terrorism.''.
    (b) Report on Use of Non-Coast Guard Personnel.--The Secretary of 
Transportation shall evaluate and report to the Congress on--
            (1) the potential use of Federal, State, or local 
        government personnel, and documented United States Merchant 
        Marine personnel, to supplement Coast Guard personnel under 
        section 7(b)(3) of the Ports and Waterways Safety Act (33 
        U.S.C. 1226(b)(3));
            (2) the possibility of using personnel other than Coast 
        Guard personnel to carry out Coast Guard personnel functions 
        under that section and whether additional legal authority would 
        be necessary to use such personnel for such functions; and
            (3) the possibility of utilizing the United States Merchant 
        Marine Academy, State maritime academies, or Coast Guard 
        approved maritime industry schools in the United States, to 
        provide training under that section.

SEC. 8. AUTOMATIC IDENTIFICATION SYSTEM.

    (a) Transponder Requirement.--
            (1) In general.--Subject to paragraph (2), the following 
        vessels, while operating on the navigable waters of the United 
States, shall be equipped with a position indicating transponder and an 
appropriate situation display or other device suitable for accessing 
information made available by the transponder system, in accordance 
with regulations prescribed by the Secretary of Transportation:
                    (A) Vessels subject to Public Law 92-63.
                    (B) Small passenger vessels carrying more than a 
                number of passengers determined by the Secretary of 
                Transportation.
                    (C) Towing vessels while towing astern or pushing 
                ahead or alongside, except commercial assistance towing 
                vessels rendering assistance to disabled small vessels.
            (2) Exemption.--The Secretary may exempt a vessel from 
        paragraph (1) if the Secretary finds that a transponder is not 
        necessary for the safe navigation of the vessel on the waters 
        on which the vessel operates.
    (b) Regulations.--The Secretary of Transportation shall issue 
regulations implementing subsection (a), including requirements for the 
operation and maintenance of transponders required under subsection 
(a).
    (c) Application.--Subsection (a) shall apply as follows:
            (1) On and after December 31, 2002, to--
                    (A) any vessel built after that date; and
                    (B) notwithstanding paragraphs (2) and (3), any 
                vessel operating within the geographic boundaries of a 
                Vessel Traffic Service.
            (2) On and after July 1, 2003, to any vessel built before 
        the date referred to in paragraph (1) that is--
                    (A) a passenger vessel;
                    (B) a tanker; or
                    (C) a towing vessel engaged in moving a tank 
                vessel.
            (3) On and after December 31, 2004, to all other vessels 
        built before the date referred to in paragraph (1).




                                                 Union Calendar No. 240

107th CONGRESS

  2d Session

                               H. R. 3983

                          [Report No. 107-405]

_______________________________________________________________________

                                 A BILL

To ensure the security of maritime transportation in the United States 
           against acts of terrorism, and for other purposes.

_______________________________________________________________________

                             April 11, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed