‘‘(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 inter-
national maritime commerce;
‘‘(2) the Secretary of the Treasury;
‘‘(3) appropriate authorities of foreign govern-
ments; 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 Sec-
retary shall notify the appropriate authorities of the govern-
ment 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 for-
eign port does not maintain effective antiterrorism meas-
ures, 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 trans-
shipped 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 pe-
riod; or
‘‘(2) immediately upon the finding of the Sec-
retary 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 Sec-
retary 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 Transpor-
tation 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, includ-
ing standards for seals and locks.
‘‘(b) PROVISION OF INFORMATION.—An ocean common
carrier, customs broker, freight forwarder, nonvessel oper-
ating 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 trans-
mission a passenger and crew manifest containing the in-
formation 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 re-
quired for travel.
‘‘(5) The United States visa number or resident
alien card number of each passenger and crew mem-
ber, as applicable.
‘‘(6) Such other information as the Under Sec-
retary determines is reasonably necessary to ensure
maritime safety.
‘‘(c) TRANSMISSION OF MANIFEST.—Subject to sub-
section (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 Sec-
retary prescribes.
‘‘(d) TRANSMISSION OF MANIFESTS TO OTHER FED-
ERAL 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 regula-
tion under this chapter shall be liable to the United States
for a civil penalty of not more than $25,000 for each viola-
tion.’’.
(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 Sec-
retary may issue an interim final rule as a tem-
porary regulation implementing this section (includ-
ing 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 rule-
making may supersede the interim final rule promul-
gated under this subsection.
SEC. 3. CLARIFICATION OF COAST GUARD AUTHORITY TO
CONTROL VESSELS IN TERRITORIAL WATERS
OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C. 1221
et seq.) is amended by adding at the end the following:
‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DI-
RECTION OF VESSELS BY COAST GUARD.
‘‘(a) NOTIFICATION OF COAST GUARD.—Under regula-
tions prescribed by the Secretary, a commercial vessel enter-
ing 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 re-
garding 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 inter-
national 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 Sec-
retary.
‘‘(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, secu-
rity, or environmental protection.
‘‘(c) DIRECTION OF VESSEL.—The Secretary may di-
rect the operation of any vessel in the navigable waters of
the United States as necessary during hazardous cir-
cumstances, 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 imple-
ment 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 ‘terri-
torial 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 pen-
alty of not more than $25,000 for each violation. Each day
of a continuing violation shall constitute a separate viola-
tion.’’.
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 pre-
scribed 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 na-
tional emergency.’’.
SEC. 6. EXTENSION OF DEEPWATER PORT ACT TO NATURAL
GAS.
The following provisions of the Deepwater Port Act of
1974 (33 U.S.C. 1501 et seq.) are each amended by insert-
ing ‘‘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 Wa-
terways 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 PER-
SONNEL.—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 per-
sonnel functions under that section and whether addi-
tional 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 acad-
emies, 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 appro-
priate situation display or other device suitable for
accessing information made available by the trans-
ponder system, in accordance with regulations pre-
scribed 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 oper-
ates.
(b) REGULATIONS.—The Secretary of Transportation
shall issue regulations implementing subsection (a), includ-
ing requirements for the operation and maintenance of
transponders required under subsection (a).
(c) APPLICATION.—Subsection (a) shall apply as fol-
lows:
(1) On and after December 31, 2002, to—
(A) any vessel built after that date; and
(B) notwithstanding paragraphs (2) and
(3), any vessel operating within the geographic
boundaries of a Vessel Traffic Service.
(2) On and after July 1, 2003, to any vessel
built before the date referred to in paragraph (1) that
is—
(A) a passenger vessel;
(B) a tanker; or
(C) a towing vessel engaged in moving a
tank vessel.
(3) On and after December 31, 2004, to all other
vessels built before the date referred to in paragraph
(1).
Union Calendar No. 240
107TH CONGRESS
2D SESSION
H. R. 3983
[Report No. 107–405]
A BILL
To ensure the security of maritime transportation
in the United States against acts of terrorism,
and for other purposes.
APRIL 11, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed