99–006

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.

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‘‘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.

‘‘§ 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.

‘‘§ 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.

‘‘§ 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

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‘‘(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

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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.

‘‘§ 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.

‘‘§ 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.

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‘‘(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)).

‘‘§ 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.

‘‘§ 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 proofof-concept technology grants.

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‘‘(3) Amounts appropriated under this section may remain available until expended.

‘‘§ 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.

‘‘§ 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.

‘‘§ 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.

‘‘§ 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—

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‘‘(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).

‘‘§ 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.

‘‘§ 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:

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‘‘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.’’.

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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).

10

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 TransporVerDate 11-MAY-2000 19:25 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR405.XXX pfrm02 PsN: HR405
11

tation 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

12

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.

13

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

14

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

15

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.

16

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 cochaired 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.

17

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 preshipment 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 SubVerDate 11-MAY-2000 19:25 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\HR405.XXX pfrm02 PsN: HR405
18

committee 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.

19

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;

20

• 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

21

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,

22

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.

23

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.

I. GENERAL .................................................................................................. 101

* * * * * * *

VI. MISCELLANEOUS .................................................................................... 70101

* * * * * * *

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.

24

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.

§ 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.

§ 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.

§ 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

25

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.

26

(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

27

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.

§ 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.

§ 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—

28

(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)).

§ 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.

29

(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.

§ 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.

§ 70108. Foreign port assessment

(a) IN GENERAL.—The Secretary shall assess the effectiveness of

the antiterrorism measures maintained at—

(1) a foreign port—

30

(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.

§ 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.

§ 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

31

(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.

§ 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).

§ 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.

32

(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 AGEN- CIES.—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.

§ 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; øand¿

(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 terrorismø.¿; 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—

33

(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.

ø(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.

* * * * * * *

34

TITLE XIII.

GENERAL PROVISIONS.

SECTION 1. øThe 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

* * * * * * *

§ 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

* * * * * * *

§ 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

35

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;

* * * * * * *

36

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 differenVerDate 11-MAY-2000 19:25 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00036 Fmt 6659 Sfmt 6601 E:\HR\OC\HR405.XXX pfrm02 PsN: HR405
37

tial 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.

* * * * * * *

Æ