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[House Report 107-405]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-405

======================================================================

 
           MARITIME TRANSPORTATION ANTITERRORISM ACT OF 2002

                                _______
                                

 April 11, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 3983]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3983) to ensure the security of 
maritime transportation in the United States against acts of 
terrorism, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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).

                       Purpose of the Legislation

    This bill establishes a comprehensive national 
antiterrorist system that increases the security of maritime 
transportation and reduces the risk of the maritime 
transportation system being involved in a terrorist incident.

                Background and Need for the Legislation

    The U.S. Coast Guard is the primary Federal agency with 
responsibility for the safety and security of vessels, ports, 
waterways, and their related facilities. Since the terrorist 
attack of September 11, 2001, the Coast Guard has implemented a 
number of tough new security measures under existing statutory 
authorities contained in the Ports and Waterways Safety Act of 
1972 (33 U.S.C. 1221 et. seq.), and in section 1 of title II of 
Public Law 65-24, June 15 1917, as amended (50 U.S.C. 191).
    The United States maritime borders include 95,000 miles of 
open shoreline, 361 ports, and an Exclusive Economic Zone that 
spans 3.5 million square miles. The United States relies on 
ocean transportation for 95 percent of cargo tonnage that moves 
into and out of the country. Each year, more than 7,500 
commercial vessels make approximately 51,000 port calls, and 
more than six million loaded marine containers enter U.S. 
ports.
    Current growth predictions indicate that container cargo 
will quadruple in the next 20 years. Standardized cargo 
containers allow cargo to be quickly transferred from ships to 
trucks or railcars and transported immediately to destinations 
in the United States. Intermodal container transportation has 
encouraged the development of just-in-time delivery systems and 
other efficiency enhancements in cargo delivery methods. A 
disruption of business ``supply chains'' or other interruptions 
to the flow of cargo through U.S. ports from a terrorist attack 
would have a major impact on the U.S. economy.
    Before the terrorist attacks of September 11, 2001, the 
primary focus of intermodal transportation was the safe 
movement of containers in a timely manner. As a result of the 
increased threat of terrorism, the United States must implement 
additional transportation security measures that deter a 
terrorist attack without interfering with the efficient 
movement of cargo through U.S. ports and waterways.

                       Summary of the Legislation

Section 1. Short title

    This Act may be cited as the ``Maritime Transportation 
Antiterrorism Act of 2002''.

Section 2. Port security

    Section 2 of the bill creates a new subtitle VI of title 
46, United States Code, to establish a comprehensive national 
system of antiterrorism security enhancements. Chapter 701 of 
this subtitle contains provisions related to port security.
    New section 70101 of chapter 701 provides the definitions 
of seven terms used throughout the new chapter. The most 
significant definitions include those of National and Area 
Maritime Transportation Antiterrorism Plans as well as the term 
catastrophic emergency. In the context of this chapter, 
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.
    Section 70102 requires the Secretary of Transportation to 
conduct port vulnerability assessments for U.S. ports, 
including an assessment of the vulnerability of each facility 
in a port, at which there is a high risk of a catastrophic 
emergency. The results of the vulnerability assessments will be 
used to implement a national maritime transportation 
antiterrorism planning system, consisting of a national plan, 
area plans, as well as vessel, facility, and port terminal 
plans, to deter a catastrophic emergency to the maximum extent 
practicable. The Secretary may accept an assessment conducted 
by, or on behalf of, a port authority or marine terminal 
operator if the Secretary determines that the assessment 
adequately assesses the vulnerabilities of the facilities to a 
terrorist threat.
    Section 70103 establishes the national maritime 
transportation antiterrorism planning system. The Secretary is 
required to prepare a National Maritime Transportation 
Antiterrorism Plan. The National Plan will assign the duties 
and responsibilities of the various Federal, state, and local 
governmental agencies. It will also create a system of 
surveillance and notice designed to safeguard against possible 
catastrophic emergencies.
    Area Maritime Transportation Antiterrorism Plans are 
developed by Federal maritime antiterrorism coordinators, who 
are Coast Guard officials designated in the National Plan, in 
consultation with local harbor safety advisory committees. Area 
Plans are designed to deter a terrorist act in or near the 
specified area to the maximum extent practicable. The area plan 
will include all of the individual facility antiterrorism plans 
for the area plus an overall plan for the area.
    Vessel and facility antiterrorism plans must be developed 
by owners and operators of vessels and facilities that the 
Secretary believes may be involved in a catastrophic emergency. 
The plans must be submitted to the Secretary by January 1, 
2003. The vessel and facility plans must identify an individual 
having authority to implement antiterrorism actions as well as 
provide for a way to immediately communicate with appropriate 
Federal officials. The plans must also provide for the 
necessary resources, antiterrorism training, and periodic 
unannounced drills to deter a catastrophic emergency. Vessel or 
facility operators may not operate after January 1, 2003, 
without an approved plan.
    To effectively implement this system, the Secretary will 
need to determine whether a particular vessel or facility poses 
a risk of being involved in a catastrophic emergency. For 
example, a ferry carrying a small number of cars across a river 
may not pose a risk of being involved in a catastrophic 
emergency. However, a ferry carrying several hundred commuters 
to work may be involved in just such an emergency. The vessel's 
area of operation or the type of cargo carried on board also 
may affect the decision as to whether a vessel or facility may 
be involved in a catastrophic emergency. For example, a ship 
offloading in a remote facility may not pose a threat of being 
involved in a catastrophic emergency. However, the same ship 
entering the Port of Los Angeles may pose such a threat.
    The facility plans will specify the ``secure'' areas of a 
terminal in which unescorted access will only be granted to 
individuals that possess a Transportation Security Card issued 
under section 70105. The number and scope of secure areas in a 
facility may vary depending upon the type of facility in 
question. For example, the entire facility at an oil terminal 
may be a secure area. In contrast, the Secretary may decide 
that only the areas at a container terminal where individuals 
have access to open containers or container manifests are 
secure areas. The facility plans may also provide security 
standards for ensuring that cargo off-loaded from the vessel 
does not pose a threat of causing a catastrophic emergency, 
including both full and empty containers. The Secretary may 
also require that each vessel or facility operator implement 
any necessary interim security measures until the antiterrorism 
plan for that vessel or facility operator is approved.
    The Federal Emergency Management Agency (FEMA) is the 
primary Federal agency charged with coordinating the response 
to a terrorist attack in the United States. Other agencies, 
such as the Department of Justice, provide training for first 
responders to terrorist attacks, including state and local 
police and fire departments. Section 70104 of chapter 701 
requires the Secretary of Transportation to cooperate with the 
Director of FEMA to coordinate maritime terrorism response 
actions.
    Since FEMA does not have jurisdiction over vessels, this 
section also requires the Secretary to develop a system of 
terrorism response for vessels. Tank vessels are currently 
required under the Oil Pollution Act of 1990 to have oil spill 
response plans. The Secretary may allow these plans to be used 
to address oil spilled from vessels involved in a catastrophic 
emergency. Similarly, some states, such as Alaska, Washington, 
Oregon, and California, require non-tank vessels to have oil 
spill response plans. The Secretary may also allow these State-
approved plans to be used to address oil spilled from these 
non-tank vessels involved in a catastrophic emergency.
    The first step to providing security at a facility is 
controlling access to the secure areas of that facility. 
Section 70105 establishes a national standard for issuance of 
biometric transportation security cards whose purpose is to 
control access to secure terminal areas to only authorized 
personnel. Many truck drivers pick up or drop off cargoes from 
many different ports. Today, they may need multiple 
identification cards and background checks. A national standard 
is needed due to the intermodal nature of our transportation 
system.
    This section prevents an individual from entering an area 
of a vessel or facility designated as a secure area in an 
antiterrorism plan unless that individual holds a 
transportation security card and is authorized to be in the 
area, or is accompanied by another individual who holds a card 
and is authorized to be in the area. The Secretary is required 
to issue an individual a transportation security card unless 
the Secretary decides that the individual poses a terrorism 
security risk to the United States warranting denial of the 
card.
    There are three reasons that the Secretary may make a 
decision to deny issuance of the security card. First, if the 
individual has been convicted of a felony, the nature of which 
indicates that the individual may be a terrorism security risk 
to the United States; second, if the individual may be denied 
entry or removed from the United States under the Immigration 
and Nationality Act; and third, if the individual otherwise 
poses a terrorism security risk to the United States, for 
example, by financially supporting a terrorist organization. 
Subsection (e) prohibits any of the information gathered in the 
background investigation of an individual from being disclosed 
to the public, including an individual's employer. Any person 
who violates this prohibition is subject to penalties under the 
Privacy Act (5 U.S.C. 552a(i)). This section also requires the 
Secretary to establish an appeal process so that an individual 
may appeal a decision that he poses a terrorism security risk 
to the United States.
    Section 70106 establishes Coast Guard maritime 
antiterrorism teams to protect vessels, ports, facilities, and 
cargo on United States' waters.
    Section 70107 allows the Under Secretary of Transportation 
for Security to provide financial assistance for enhanced 
facility security to implement a maritime antiterrorism plan 
approved by the Coast Guard or an interim measure required by 
the Coast Guard. For each of fiscal years 2003, 2004, and 2005, 
$75 million is authorized for the grants. Of the amounts 
authorized under this section, $7.5 million is required to be 
used for proof-of-concept grants.
    Section 70108 requires the Secretary to assess the 
effectiveness of the antiterrorism measures maintained at a 
foreign port from which vessels depart on a voyage to the 
United States or which pose a high risk of terrorism to the 
United States. The Secretary must assess the effectiveness of 
the foreign port's cargo screening process, facility access 
controls, and security management program. This will include 
evaluation of ports such as Vancouver and Montreal through 
which cargo is trans-shipped to the United States.
    Section 70109 of chapter 701 requires the Secretary, after 
conducting a foreign port assessment, to contact the foreign 
government if he finds that a port in that foreign country does 
not maintain effective antiterrorism measures. The Secretary 
must also inform the foreign government about the steps 
necessary to improve the antiterrorism measures in use at the 
port.
    If the Secretary finds that a foreign port does not 
maintain effective antiterrorism measures, section 70110 allows 
him to 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. The 
Secretary may also deny entry into the United States to any 
vessel that does not meet these conditions. Given that, 
development of an international standard for intermodal 
security of cargo shipped to the United States could be 
difficult to develop and take a long time to implement, the 
Secretary may negotiate bilateral agreements with our trading 
partners that provide for implementation and enforcement of 
security standards in their countries' intermodal 
transportation system.
    By no later than June 30, 2003, section 70111 requires the 
Under Secretary for Security, in consultation with the 
Transportation Security Oversight Board, to develop and 
maintain an antiterrorism cargo identification and screening 
system for containerized cargo shipped to and from the United 
States either directly or via a foreign port, such as through 
the ports of Vancouver or Montreal. The information that the 
Secretary requires for cargo identification and screening may 
include items such as cargo contents, place of origin, 
transportation routing information, and the names of the 
cargo's various intermodal carriers. This information must be 
provided to the Under Secretary at least 24 hours before the 
cargo is loaded on the vessel to provide the U.S. Government 
sufficient time to profile the cargo and have it screened 
before loading. The Under Secretary must also develop 
performance standards to enhance the physical security of 
shipping containers, including standards for seals and locks as 
well as systems to detect any tampering or breaking of the seal 
or container integrity.
    Section 70112 requires that the operators of commercial 
vessels arriving in the United States from a foreign port 
provide the Under Secretary with a passenger and crew manifest. 
This manifest must contain each passenger's and crew member's 
date of birth, citizenship, passport and visa number, and 
country of origin.
    Section 70113 establishes a civil penalty of not more than 
$25,000 for each violation of this new chapter.

Section 3. Clarification of Coast Guard authority to control vessels in 
        territorial waters of the United States

    Section 3 of the bill amends the Port and Waterways Safety 
Act to require all vessels entering the 12-mile territorial sea 
of the United States to provide notice to the Coast Guard 96 
hours before entering those waters. This section also clarifies 
that the Coast Guard has the authority to direct the safe 
operations of all vessels in the 12-mile territorial sea and 
other navigable waters of the United States during hazardous 
circumstances such as when a pilot is not on board the vessel. 
This section does not affect the innocent passage of ships 
through U.S. waters.

Section 4. Extension of seaward jurisdiction

    This section would extend the jurisdiction of the Coast 
Guard from three miles from shore to 12 miles from shore for 
certain security activities when the President determines that 
the national security is endangered. Section 4 also creates 
civil penalties not to exceed $25,000 for each violation of a 
Coast Guard order based upon this authority.

Section 5. Suspension of limitation on strength of Coast Guard

    This section would suspend Coast Guard end-strength and 
grade distributions for any fiscal year that there is in effect 
a declaration of war or national emergency, for a period not to 
exceed six months after the end of the war or national 
emergency.

Section 6. Extension of Deepwater Port Act to natural gas

    Locating liquefied natural gas (LNG) facilities 30 miles 
off the coast of the United States may pose a lower threat of 
damage to coastal communities in the event of a catastrophic 
emergency at the facility than the current practice of locating 
LNG facilities onshore. This section would allow natural gas to 
be included in the Deepwater Port Act which establishes a 
system for permitting and licensing deepwater terminals. 
Currently, only oil facilities are included in this Federal 
law.

Section 7. Assignment of Coast Guard personnel as sea marshals and 
        enhanced use of other security personnel

    Section 7 amends the Ports and Waterways Safety Act to 
allow the dispatch of properly trained and qualified armed 
Coast Guard personnel on facilities and vessels to deter or 
respond to acts of terrorism.

Section 8. Automatic identification system

    This section requires that all vessels built after December 
31, 2002, be equipped with a position-indicating transponder 
and an appropriate situation display for accessing the 
information made available by the transponder system. After 
July 1, 2003, all passenger vessels, tankers, and certain 
towing vessels, built before December 31, 2002, must be 
equipped with a transponder and display system. Finally, after 
December 31, 2004, all other vessels built before December 31, 
2002, must also have this equipment.

            Legislative History and Committee Consideration

    Prior to the consideration of H.R. 3983, the Subcommittee 
on Coast Guard and Maritime Transportation held a series of 
four hearings on port and waterways security.
    The first hearing was held on December 6, 2001, for the 
purpose of receiving the recommendations of the Secretary of 
Transportation on the need to increase security in our nation's 
ports and waterways against terrorist attacks. The Subcommittee 
discussed the Federal government's current maritime security 
efforts and the Administration's suggestions on ways to further 
reduce the vulnerability of our ports and waterways to 
terrorist attack. During this hearing, the Subcommittee 
received testimony from Transportation Secretary Norman Mineta 
and Admiral James M. Loy, Commandant, U.S. Coast Guard.
    Secretary Mineta testified that the Coast Guard had the 
legislative authority to adequately secure U.S. ports, but 
lacked the resources to provide an effective level of security. 
In addition, Secretary Mineta outlined four key principles 
which our country needs to follow in order to build an adequate 
system of maritime security. These principles include the 
development of a comprehensive security plan which protects the 
entire marine transportation system, the development and use of 
local port security plans, the ability to continually update 
national and local security plans, and the recognition of the 
intermodal nature of transportation in general.
    Admiral Loy testified that the Coast Guard mounted a 
significant and rapid response to the September 11th attacks on 
the U.S. He also noted that the Coast Guard was able to 
increase its security posture using existing active duty, 
reserve, civilian, and auxiliary personnel as well as its 
existing shore units, ships, boats, and aircraft. Admiral Loy 
reported that this increased security posture was not 
sustainable without other Coast Guard missions being severely 
impacted. Finally, Admiral Loy strongly indicated the Coast 
Guard's need for additional resources to support a permanently 
enhanced level of port security and safety.
    On February 13, 2002, the Subcommittee held its second port 
security hearing. The purpose of this hearing was to 
investigate the best way to implement a nationwide security 
system which requires transportation workers to hold secure 
identity cards. The Subcommittee received testimony from 
Admiral James Underwood, Director of the Office of Intelligence 
and Security for the Department of Transportation, and 
representatives from the National Association of Waterfront 
Employers, the Pacific Maritime Association, the United States 
Maritime Alliance, the International Longshoremen's 
Association, the International Longshore and Warehouse Union, 
and the American Trucking Associations.
    Admiral Underwood testified that the Department of 
Transportation was working on a uniform transportation worker 
identification program which would require that any person who 
has access to secure areas of transportation facilities be 
required to undergo a background check and be issued a 
transportation security card. Admiral Underwood emphasized the 
need for transportation security cards to be fully intermodal, 
to be built on existing technology, and to minimize the need 
for workers to carry multiple ID cards. Finally, Admiral 
Underwood stated that transportation security cards would not 
prove effective without the physical control of all access 
points to secure areas of a transportation facility.
    The representative from the National Association of 
Waterfront Employees, the Pacific Maritime Association, and the 
United States Maritime Alliance testified about his 
organizations' support for requiring the positive 
identification for all persons entering marine terminals, the 
need for one Federal standard for credentialing, and the 
requirement that all individuals who are issued transportation 
security cards undergo a criminal background check. The witness 
for the American Trucking Associations testified about his 
group's desire to have one criminal history record check and 
one universal security identification card for truck drivers. 
The two longshore unions supported credentialing procedures for 
controlled access to certain areas of U.S. ports, but opposed 
efforts to use a prior criminal conviction as a way to prevent 
individuals from being employed in a secure area of a 
transportation facility.
    On March 13, 2002, the Subcommittee held a hearing to 
investigate the security of containers used to ship goods 
imported into and exported out of the United States by water. 
The Subcommittee received testimony from the U.S. Coast Guard, 
cargo shippers, vessel operators as well as freight terminal 
owners and operators.
    Captain Anthony Regalbuto, Chief of Port Security, U.S. 
Coast Guard, testified that the Secretary of Transportation had 
established the National Infrastructure Security Committee to 
evaluate transportation infrastructure vulnerabilities and to 
recommend changes for improved security. The Container Working 
Group, which was established through the Security Committee, is 
co-chaired by the U.S. Customs Service and includes a number of 
additional Federal agencies concerned with cargo security. The 
Container Working Group issued its initial report on shipping 
container security to the Office of Homeland Security on 
February 1st. Finally, Captain Regalbuto informed the 
Subcommittee about the Coast Guard's efforts to have the 
International Maritime Organization adopt a number of improved 
international maritime security measures.
    Chris Koch of the World Shipping Council, which represents 
a number of international ocean carriers that carry 
containerized cargo, stated his members' concerns that a 
terrorist attack on our marine transportation system could lead 
the Federal government to shut down trade into and out of the 
U.S. Mr. Koch also testified that any advanced cargo 
information required to be submitted to the government should 
be collected by only one Federal agency. Wayne Gibson 
represented the International Mass Retail Association which is 
a large alliance of retailers who import a large volume of 
goods into the United States. Mr. Gibson testified that the 
adherence to voluntary industry standards and internal security 
plans would be the best step American industry could take in 
improving the security of containers. Mr. Gibson also stated 
that pre-shipment foreign cargo exams may prove to be 
unreliable and that the government needs to develop a container 
risk assessment program.
    The Subcommittee held its fourth hearing about port 
security on March 14, 2002. This hearing examined ways to 
finance the new security equipment that individual ports and 
marine terminal facilities must install to address the 
increased terrorist threat to our nation. The Subcommittee 
received testimony from the U.S. Maritime Administration, 
vessel and marine facility operators, as well as several local 
port authorities.
    William Schubert, Maritime Administrator, testified about 
the Department of Transportation's plans to award $93.3 million 
in competitive port security grants. These grants were funded 
in the Department of Defense Appropriations Act of Fiscal Year 
2002. The new Port Security Grants Program will finance 
security enhancements at critical national seaports. The 
Program will accelerate the installation of enhanced security 
measures for passengers and cargo that pass through our vital 
ports.
    Kathy Metcalf, who represented the Chamber of Shipping of 
America, reported that her members, who operate various types 
of oceangoing vessels, have implemented a number of measures to 
prevent their vessels from being used in a terrorist act. The 
Chamber of Shipping is also working with the Coast Guard to 
encourage the International Maritime Organization to accept a 
number of U.S. maritime security initiatives. Finally, Ms. 
Metcalf testified that her industry should not be held 
responsible for paying for the security of U.S. ports. Richard 
Steinke, who represented the American Association of Port 
Authorities (AAPA), testified that U.S. ports need additional 
port security grant funding. According to AAPA's recent survey, 
52 ports intend to apply for the Department of Transportation's 
port security grants. These ports expect to request $223 
million to implement security programs as a result of the new 
terrorist threat.
    A bill to ensure the security of maritime transportation in 
the United States against acts of terrorism was introduced as 
H.R. 3983 by Chairman Young on March 18, 2002, with Mr. 
Oberstar, Mr. LoBiondo, and Ms. Brown of Florida as cosponsors. 
The bill was referred to the Committee on Transportation and 
Infrastructure.
    On March 20, 2002, the Subcommittee on Coast Guard and 
Maritime Transportation met in open session to mark up H.R. 
3983, the Maritime Transportation Antiterrorism Act of 2002. 
The Subcommittee considered one amendment to H.R. 3983. Mr. 
LoBiondo offered an amendment that allows the Secretary of 
Transportation to issue transportation security cards to 
hazardous material truck drivers who have already undergone a 
security background check authorized under the USA Patriot Act 
of 2001, Public Law 107-56. H.R. 3983, as amended by the 
Subcommittee, was ordered reported to the Full Committee by 
voice vote in the presence of a quorum.
    On March 20, 2002, the Transportation and Infrastructure 
Committee met in open session to consider H.R. 3983. H.R. 3983 
was ordered reported to the House of Representatives by a voice 
vote in the presence of a quorum.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There were no roll call votes during Committee consideration of 
H.R. 3983.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                        Cost of the Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirements of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to: 
(a) establish a comprehensive national system of antiterrorism 
security enhancements; (b) clarify Coast Guard authority to 
control vessels in the territorial waters of the United States; 
(c) extend the jurisdiction of the Coast Guard from three to 
twelve miles from shore for certain security activities; (d) 
extend the Deepwater Port Act to natural gas; and (e) require a 
faster deployment of the automatic identification system.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3983 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 11, 2002.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3983, the Maritime 
Transportation Antiterrorism Act of 2002. If you wish further 
details on this estimate, we will be pleased to provide them. 
The CBO staff contacts are Deborah Reis (for federal costs), 
Cecil McPherson and Jean Talarico (for the private-sector 
impact), and Susan Sieg Tompkins (for the state and local 
impact).
            Sincerely,
                                         Barry B. Anderson,
                                    (for Dan L. Crippen, Director).
    Enclosure.

H.R. 3983--Maritime Transportation Antiterrorism Act of 2002

    Summary: H.R. 3983 would establish a federal program to 
protect U.S. ports from terrorism. In addition, the bill would 
authorize the appropriation of $75 million for each of fiscal 
years 2003 through 2005 for grants to help port facilities 
implement antiterrorism efforts.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 3983 would cost $240 million 
over the 2003-2007 period and $3 million a year thereafter. 
Most of the funds that would be spent through 2007 would be 
used to implement the grant provisions of the legislation. 
Other than a new grant program, most of the activities mandated 
by the legislation are currently being carried out under the 
Coast Guard's existing authority. H.R. 3983 could increase 
federal receipts by establishing new civil penalties; 
therefore, pay-as-you-go procedures would apply to the 
legislation. CBO estimates, however, that any such increase 
would be less than $500,000 annually.
    H.R. 3983 contains both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA). Because of uncertainties about which ports, facilities, 
and vessels would be affected and how certain regulations and 
performance standards would be implemented, CBO cannot 
determine whether the costs of all of the mandates contained in 
H.R. 3983 would exceed the thresholds established by UMRA ($58 
million for intergovernmental mandates and $115 million for 
private-sector mandates in 2002, adjusted annually for 
inflation). The bill also would authorize appropriations for 
grants to help port facilities to implement antiterrorism 
efforts.
    Major Provisions: H.R. 3983 would establish a port security 
program to be carried out primarily by the Department of 
Transportation (DOT), acting through the U.S. Coast Guard. The 
bill would focus on the security of facilities at U.S. and 
foreign ports, as well as vessels using such facilities. Major 
elements of the program would include:
     Vulnerability assessments for each port that DOT 
believes is at high risk of a terrorist act;
     A national antiterrorism plan for deterring acts 
of terrorism directed at maritime transportation, and 
individual plans for areas at risk of attack;
     Maritime antiterrorism teams to protect the public 
as well as vessels, ports, facilities, and cargo in U.S. 
waters;
     Grants to ports to implement maritime 
antiterrorism plans or interim measures required by the Coast 
Guard--for this purpose the bill would authorize the 
appropriation of $75 million a year over the 2003-2005 period;
     Assessments of foreign ports that vessels entering 
U.S. ports might visit, including recommended actions that such 
ports should take to enhance security and actions that the 
United States might take if foreign ports fail to maintain 
effective antiterrorism measures;
     Regulation of deepwater ports handling natural 
gas; and
     Other activities to regulate shipping of 
containerized cargo, require manifests of vessel passengers and 
crew, create a sea marshal program, and safeguard American 
ports.
    Estimated Cost to the Federal Government: The Coast Guard 
is implementing most of the provisions of H.R. 3983 under its 
existing authority. The following table shows the estimated 
costs of carrying out requirements of the bill that are in 
addition to those already authorized and planned, including 
grants for enhanced port security. The costs of this 
legislation fall within budget function 400 (transportation).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\

Estimated authorization level......................................       78       78       78        3        3
Estimated outlays..................................................       28       53       78       54       27
----------------------------------------------------------------------------------------------------------------
\1\ For fiscal year 2002, the Coast Guard is planning to spend about $45 million for antiterrorism activities.
  To date, the agency has received about $26 million for this purpose, and is seeking an additional $19 million
  in a supplemental appropriation or reprogramming request for this year.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3983 will be enacted during fiscal year 2002 and that the 
necessary amounts will be appropriated for each fiscal year. 
For fiscal years 2003 through 2005, section 2 of the bill 
authorizes the appropriation of $75 million for grants to 
owners or operators of ports. In addition, CBO estimates it 
would cost $3 million a year to assess security efforts at 
foreign ports and regulate U.S. deepwater ports that handle 
natural gas--activities that are not authorized under current 
law. Outlays for these activities are based on historical rates 
for similar Coast Guard programs.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. Enacting 
H.R. 3983 could increase federal revenues by establishing civil 
penalties, but CBO estimates that any such increase would be 
less than $500,000 annually.
    Intergovernmental and private-sector impact: H.R. 3983 
contains both intergovernmental and private-sector mandates as 
defined in UMRA. Because of uncertainties about which ports, 
facilities, and vessels would be affected and how certain 
regulations and performance standards would be implemented, CBO 
cannot determine whether the costs of all of the mandates 
contained in H.R. 3983 would exceed the thresholds established 
by UMRA ($58 million for intergovernmental mandates and $115 
million for private-sector mandates in 2002, adjusted annually 
for inflation). The bill also would authorize appropriations 
for grants to help port facilities to implement antiterrorism 
efforts.

Mandates that affect both the public and private sector

    Because facility and vessel owners and operators include 
both public and private-sector entities, the following 
requirements would be both intergovernmental and private-sector 
mandates as defined by UMRA.
    Antiterrorism Plans. Section 2 would require the Coast 
Guard to perform port vulnerability assessments for each port, 
and for each facility in that port, believed to be at high risk 
of a catastrophic emergency, as defined in the bill. Based on 
the results of that assessment, certain facilities and vessel 
owners or operators would be required to develop and comply 
with their own antiterrorism plans.
    The selected facilities and vessels that are required to 
develop the antiterrorism plans and the specific level of 
security improvements would be determined after the bill's 
enactment. Based on information from the Coast Guard, it is 
unclear what facilities and vessels would fall under this 
requirement. Consequently, CBO cannot estimate either the total 
costs to comply with the mandate or when such costs would be 
incurred.
    Federal Transportation Identity Cards. Other provisions of 
section 2 would prohibit individuals from entering secure areas 
of specific facilities and vessels unless they meet certain 
conditions. Owners and operators would be required to check 
identification for all individuals and may have to hire 
additional personnel. CBO cannot estimate the cost of 
compliance with this mandate because the identification of the 
secure areas also is contingent upon the vulnerability 
assessments that will take place after enactment of the bill.
    Automatic Identification System. Section 8 would require 
certain vessels built after December 31, 2002, to be equipped 
with an automatic identification system that would transmit the 
vessel's location and certain other information. This mandate 
would accelerate the Coast Guard's automatic identification 
system that is scheduled to begin in 2004 with staggered 
implementation dates. According to DOT, the cost of a 
transponder ranges from $5,000 to $12,000. The specific vessels 
required to be equipped with an automatic identification system 
would be determined by the Secretary after enactment of the 
bill.

Mandates that affect the private sector only

    H.R. 3983 would impose mandates on shippers and certain 
persons involved in the transport of containerized cargo, and 
owners and operators of commercial vessels.
    Shipping Container Security. Section 2 would require the 
Under Secretary of Transportation for Security to develop 
performance standards to enhance the physical security of 
shipping containers, including standards for seals and locks, 
no later than June 30, 2003. CBO cannot estimate the cost to 
comply with the mandate, however, since the details of the 
performance standards have not been established.
    Electronic Notification. The bill would require shippers 
and certain persons involved in the transport of cargo to 
provide the Under Secretary of Transportation for Security, by 
electronic transmission, information on containerized cargo, no 
later than 24 hours before the cargo destined for the United 
States is loaded on a vessel. The bill also would require the 
operator of each commercial vessel arriving in the United 
States from a foreign port to provide to the Under Secretary, 
by electronic transmission, a passenger and crew manifest, in 
advance of the vessel arriving in the United States. Finally, 
the bill would require a commercial vessel entering the 
territorial sea of the United States to notify the Secretary by 
electronic transmission not later than 96 hours before that 
entry and to provide the information regarding the vessel, 
including its name, route, time of entry, and a description of 
dangerous or hazardous cargo. The above entities already 
transmit the information although not electronically. The 
additional cost to transmit the required information 
electronically would be minimal.
    Previous CBO cost estimate: On September 18, 2001, CBO 
transmitted a cost estimate of S. 1214, the Port and Maritime 
Security Act of 2001, as ordered reported by the Senate 
Committee on Commerce, Science, and Transportation on August 2, 
2001. S. 1214 contains provisions similar to those of H.R. 
3983, but the Senate bill encompasses other law enforcement 
activities such as drug interdiction. The Senate bill also 
would extend the collection of some vessel tonnage duties that 
will expire after 2002 and would make most of the duties 
available to the Coast Guard without further appropriation for 
implementing port security activities. As a result, most of the 
spending under S. 1214 would be financed from such fees, while 
the new spending under H.R. 3983 would all come from annual 
appropriations.
    CBO identified intergovernmental and private-sector 
mandates in H.R. 3983 that are similar to those found in S. 
1214. For example, both bills require that the Coast Guard 
conduct vulnerability assessments for ports. CBO cannot 
determine the aggregate cost of the mandates in either version, 
in part because of the uncertainty about which ports would be 
affected.
    Estimate prepared by: Federal Costs: Deborah Reis, Impact 
on State, Local, and Tribal Governments: Susan Sieg Tompkins, 
Impact on the Private Sector: Cecil McPherson and Jean 
Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article 1, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1994 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. Except to the extent that international maritime 
commerce is subject to the exclusive jurisdiction of the United 
States under the Constitution, the Committee states that H.R. 
3983 does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                      TITLE 46, UNITED STATES CODE

Subtitle                                                            Sec.

      GENERAL........................................................101

     * * * * * * *
      MISCELLANEOUS................................................70101
     * * * * * * *

                       Subtitle VI--Miscellaneous

Chap.                                                               Sec.
      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.
                              ----------                              

                    PORTS AND WATERWAYS SAFETY ACT

           *       *       *       *       *       *       *

  Sec. 7. Port, Harbor, and Coastal Facility Security.
  (a) * * *
  (b) Specific Authority.--Under subsection (a), the Secretary 
may--
          (1) carry out or require measures, including 
        inspections, port and harbor patrols, the establishment 
        of security and safety zones, and the development of 
        contingency plans and procedures, to prevent or respond 
        to acts of terrorism; [and]
          (2) recruit members of the Regular Coast Guard and 
        the Coast Guard Reserve and train members of the 
        Regular Coast Guard and the Coast Guard Reserve in the 
        techniques of preventing and responding to acts of 
        terrorism[.]; and
          (3) dispatch properly trained and qualified armed 
        Coast Guard personnel on facilities and vessels to 
        deter or respond to acts of terrorism.

           *       *       *       *       *       *       *

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).
                              ----------                              

                          ACT OF JUNE 15, 1917

   Chap. 30.--AN ACT To punish acts of interference with the foreign 
   relations, the neutrality, and the foreign commerce of the United 
States, to punish espionage, and better to enforce the criminal laws of 
               the United States, and for other purposes.

                                Title I.

           *       *       *       *       *       *       *

                                Title II.

           *       *       *       *       *       *       *

  Sec. 2. (a) In General.--If any owner, agent, master, 
officer, or person in charge, or any member of the crew of any 
such vessel fails to comply with any regulation or rule issued 
or order given under the provisions of this title, or obstructs 
or interferes with the exercise of any power conferred by this 
title, the vessel, together with her tackle, apparel, 
furniture, and equipment, shall be subject to seizure and 
forfeiture to the United States in the same manner as 
merchandise is forfeited for violation of the customs revenue 
laws; and the person guilty of such failure, obstruction, or 
interference shall be punished by imprisonment for not more 
than ten years and may, in the discretion of the court, be 
fined not more than $10,000.
  [(a) If any other] (b) Application to Others.--If any other 
person knowingly fails to comply with any regulation or rule 
issued or order given under the provisions of this title, or 
knowingly obstructs or interferes with the exercise of any 
power conferred by this title, he shall be punished by 
imprisonment for not more than ten years and may, at the 
discretion of the court, be fined not more than $10,0000.
  (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.

           *       *       *       *       *       *       *

                              Title XIII.

                          GENERAL PROVISIONS.

  Section 1. [The term ``United States'' as used in this Act 
includes] In this Act:
          (1) United states.--The term ``United States'' 
        includes the Canal Zone and all territory and waters 
        continental or insular, subject to the jurisdiction of 
        the United States.
          (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.

           *       *       *       *       *       *       *

                              ----------                              

                     TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *

                     PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *

                      CHAPTER 17--ADMINISTRATION

           *       *       *       *       *       *       *

Sec. 661. Authorization of personnel end strengths

  (a) For each fiscal year, Congress shall authorize the 
strength for active duty personnel of the Coast Guard as of the 
end of that fiscal year. Amounts may be appropriated for a 
fiscal year to or for the use of active duty personnel of the 
Coast Guard only if the end strength for active duty personnel 
for that fiscal year has been authorized by law. 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.

           *       *       *       *       *       *       *

               PART II--COAST GUARD RESERVE AND AUXILIARY

           *       *       *       *       *       *       *

                    CHAPTER 21--COAST GUARD RESERVE

           *       *       *       *       *       *       *

Sec. 724. Authorized number of officers

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

                              ----------                              

                      DEEPWATER PORT ACT OF 1974

           *       *       *       *       *       *       *

                         DECLARATION OF POLICY

  Sec. 2. (a) It is declared to be the purposes of the Congress 
in this Act to--
          (1) * * *

           *       *       *       *       *       *       *

          (5) promote the construction and operation of 
        deepwater ports as a safe and effective means of 
        importing oil or natural gas into the United States and 
        transporting oil or natural gas from the outer 
        continental shelf while minimizing tanker traffic and 
        the risks attendant thereto; and
          (6) promote oil or natural gas production on the 
        outer continental shelf by affording an economic and 
        safe means of transportation of outer continental shelf 
        oil or natural gas to the United States mainland.

           *       *       *       *       *       *       *

                              DEFINITIONS

  Sec. 3. As used in this Act, unless the context otherwise 
requires, the term--
          (1) * * *

           *       *       *       *       *       *       *

          (9) ``deepwater port'' means any fixed or floating 
        manmade structures other than a vessel, or any group of 
        structures, located beyond the territorial sea and off 
        the coast of the United States and which are used or 
        intended for use as a port or terminal for 
        transportation, storage, and further handling of oil or 
        natural gas for transportation to any State, except as 
        otherwise provided in section 23, and for other uses 
        not inconsistent with the purposes of this title, 
        including transportation of oil or natural gas from the 
        United States outer continental shelf. The term 
        includes all associated components and equipment, 
        including pipelines, pumping stations, service 
        platforms, mooring buoys, and similar appurtenances to 
        the extent they are located seaward of the high water 
        mark. A deepwater port shall be considered a ``new 
        source'' for purposes of the Clean Air Act, as amended, 
        and the Federal Water Pollution Control Act, as 
        amended;

           *       *       *       *       *       *       *

 LICENSE FOR THE OWNERSHIP, CONSTRUCTION, AND OPERATION OF A DEEPWATER 
                                  PORT

  Sec. 4. (a) No person may engage in the ownership, 
construction, or operation of a deepwater port except in 
accordance with a license issued pursuant to this Act. No 
person may transport or otherwise transfer any oil or natural 
gas between a deepwater port and the United States unless such 
port has been so licensed and the license is in force.

           *       *       *       *       *       *       *

                               PROCEDURE

  Sec. 5. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *
  (2) Each application shall include such financial, technical, 
and other information as the Secretary deems necessary or 
appropriate. Such information shall include, but need not be 
limited to--
          (A) * * *

           *       *       *       *       *       *       *

          (G) the location and capacity of existing and 
        proposed storage facilities and pipelines which will 
        store or transport oil or natural gas transported 
        through the deepwater port, to the extent known by the 
        applicant or any person required to be disclosed 
        pursuant to subparagraphs (A), (B), or (C) of this 
        paragraph;
          (H) with respect to any existing and proposed 
        refineries which will receive oil or natural gas 
        transported through the deepwater port, the location 
        and capacity of each such refinery and the anticipated 
        volume of such oil or natural gas to be refined by each 
        such refinery, to the extent known by the applicant or 
        any person required to be disclosed pursuant to 
        subparagraphs (A), (B), or (C) of this paragraph;

           *       *       *       *       *       *       *

  (i)(1) * * *
  (2) In the event more than one application is submitted for 
an application area, the Secretary, unless one of the proposed 
deepwater ports clearly best serves the national interest, 
shall issue a license according to the following order of 
priorities:
          (A) * * *
          (B) to a person who is neither (i) engaged in 
        producing, refining, or marketing oil or natural gas, 
        nor (ii) an affiliate of any person who is engaged in 
        producing, refining, or marketing oil or natural gas or 
        an affiliate of any such affiliate;

           *       *       *       *       *       *       *

  (3) In determining whether any one proposed deepwater port 
clearly best serves the national interest, the Secretary shall 
consider the following factors:
          (A) * * *

           *       *       *       *       *       *       *

          (C) any differences in costs of construction and 
        operation of the proposed deepwater ports, to the 
        extent that such differential may significantly affect 
        the ultimate cost of oil or natural gas to the 
        consumer.

           *       *       *       *       *       *       *

  Sec. 8. (a) A deepwater port and a storage facility serviced 
directly by that deepwater port shall operate as a common 
carrier under applicable provisions of part I of the Interstate 
Commerce Act and subtitle IV of title 49, United States Code, 
and shall accept, transport, or convey without discrimination 
all oil or natural gas delivered to the deepwater port with 
respect to which its license is issued, except as provided by 
subsection (b) of this section.
  (b) A licensee under this Act shall accept, transport, or 
convey without discrimination all oil or natural gas delivered 
to the deepwater port with respect to which its license is 
issued. However, a licensee is not subject to common carrier 
regulations under subsection (a) of this section when that 
licensee--
          (1) * * *

           *       *       *       *       *       *       *

                     PIPELINE SAFETY AND OPERATION

  Sec. 21. (a) The Secretary, in cooperation with the Secretary 
of the Interior, shall establish and enforce such standards and 
regulations as may be necessary to assure the safe construction 
and operation of oil or natural gas pipelines on the Outer 
Continental Shelf.

           *       *       *       *       *       *       *

                                  
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