IB
Union Calendar No. 240
107TH CONGRESS
2D SESSION
H. R. 3983
[Report No. 107–405]
To ensure the security of maritime transportation in the United States against
acts of terrorism, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 2002
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. LOBIONDO, and Ms.
BROWN of Florida) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
APRIL 11, 2002
Additional sponsors: Mr. DEFAZIO, Mr. BAIRD, and Mr. BEREUTER
APRIL 11, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 18, 2002]
A BILL
To ensure the security of maritime transportation in the
United States against acts of terrorism, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Maritime Transportation Antiterrorism Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Port security.
Sec. 3. Clarification of Coast Guard authority to control vessels in territorial wa-
ters of the United States.
Sec. 4. Extension of seaward jurisdiction.
Sec. 5. Suspension of limitation on strength of Coast Guard.
Sec. 6. Extension of Deepwater Port Act to natural gas.
Sec. 7. Assignment of Coast Guard personnel as sea marshals and enhanced use
of other security personnel.
Sec. 8. Automatic identification system.
SEC. 2. PORT SECURITY.
(a) IN GENERAL.—Title 46, United States Code, is
amended by adding at the end the following new subtitle:
‘‘Subtitle VI—Miscellaneous
‘‘Chap.
Sec.
‘‘701.
Port Security ........................................................................
70101
‘‘CHAPTER 701—PORT SECURITY
‘‘Sec.
‘‘70101. Definitions.
‘‘70102. United States facility vulnerability assessments.
‘‘70103. Catastrophic emergency planning.
‘‘70104. Antiterrorism response.
‘‘70105. Transportation security cards.
‘‘70106. Maritime antiterrorism teams.
‘‘70107. Grants.
‘‘70108. Foreign port assessment.
‘‘70109. Notifying foreign authorities.
‘‘70110. Actions when foreign ports not maintaining effective antiterrorism
measures.
‘‘70111. Shipping container antiterrorism.
‘‘70112. Crew and passenger manifests.
‘‘70113. Civil penalty.
‘‘§ 70101. Definitions
‘‘For the purpose of this chapter:
‘‘(1) The term ‘Area Maritime Transportation
Antiterrorism Plan’ means an Area Maritime Trans-
portation 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 Transpor-
tation Antiterrorism Plan’ means the National Mari-
time 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 assess-
ments
‘‘(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 sec-
tion for a port, the Secretary shall provide to the owner
or operator of each facility in the port a copy of the assess-
ment 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 con-
ducted by or on behalf of a port authority or marine ter-
minal 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 coordi-
nation with State and local governmental agencies.
‘‘(B) Identification of security resources.
‘‘(C) Establishment of procedures for the coordi-
nation of activities of—
‘‘(i) Coast Guard maritime antiterrorism
teams established under this chapter; and
‘‘(ii) Federal Maritime Antiterrorism Coor-
dinators.
‘‘(D) A system of surveillance and notice de-
signed to safeguard against as well as ensure earliest
possible notice of catastrophic emergencies and immi-
nent threats of catastrophic emergencies to the appro-
priate 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 re-
quired to be prepared under subsection (b);
and
‘‘(ii) a Coast Guard official who shall
be the Federal Maritime Antiterrorism Co-
ordinator for each such area.
‘‘(3) The Secretary may, from time to time, as the Sec-
retary considers advisable, revise or otherwise amend the
National Maritime Transportation Antiterrorism Plan.
‘‘(4) Actions to deter and minimize damage from cata-
strophic emergencies shall, to the greatest extent possible,
be in accordance with the National Maritime Transpor-
tation 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 advi-
sory committees to assure preplanning of joint ter-
rorism deterrence efforts, including appropriate proce-
dures 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, in-
cluding 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 sec-
tion;
‘‘(D) include any other information the Sec-
retary 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 Trans-
portation 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 sub-
section 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 re-
quire immediate communications between that indi-
vidual 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 cata-
strophic emergency or a substantial threat of such a
catastrophic emergency;
‘‘(D) describe the training, periodic unan-
nounced 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 sub-
stantial threat of a catastrophic emergency;
‘‘(E) be updated at least every five years; and
‘‘(F) be resubmitted for approval of each signifi-
cant 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 require-
ments 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 Sec-
retary; and
‘‘(B) the vessel or facility is operating in compli-
ance 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 ves-
sel 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.—Notwith-
standing any other provision of law, information developed
under this chapter is not required to be disclosed to the pub-
lic, including—
‘‘(1) 
facility 
antiterrorism 
plans, 
vessel
antiterrorism plans, and port vulnerability assess-
ments; and
‘‘(2) other information related to antiterrorism
plans, procedures, or programs for vessels or termi-
nals 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 water-
ways.
‘‘(b) VESSEL RESPONSE PLAN SYSTEM.—Before Janu-
ary 1, 2003, the Secretary shall establish a system of
antiterrorism response plans for vessels that may be in-
volved 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 accord-
ance 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 speci-
fied in paragraph (2), unless the Secretary decides that the
individual poses a terrorism security risk warranting de-
nial of the card.
‘‘(2) This subsection applies to—
‘‘(A) an individual allowed unescorted access to
a secure area designated in a maritime transpor-
tation 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 transpor-
tation security card under subsection (a) unless the Sec-
retary determines that individual—
‘‘(A) has been convicted of a felony that the Sec-
retary 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 indi-
vidual 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 Sec-
retary 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 regard-
ing the individual; and
‘‘(B) upon completing the background records
check, notify the Secretary of the completion and re-
sults of the background records check.
‘‘(2) A background records check regarding an indi-
vidual 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 rel-
evant 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-re-
lated information or database identified by the Attor-
ney General for purposes of such a background
records check.
‘‘(e) RESTRICTIONS ON USE AND MAINTENANCE OF IN-
FORMATION.—(1) Information obtained by the Attorney
General or the Secretary of Transportation under this sec-
tion 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 sec-
tion.
‘‘(f) DEFINITION.—In this section, the term ‘alien’ has
the meaning given the term in section 101(a)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(3)).
‘‘§ 70106. Maritime antiterrorism teams
‘‘(a) IN GENERAL.—The Secretary shall establish mar-
itime antiterrorism teams to safeguard the public and pro-
tect 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 pro-
vided 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 pro-
posed 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 para-
graph (1).
‘‘(c) PROJECT PROPOSALS.—Each proposal for a
grant under this section shall include the following:
‘‘(1) The name of the individual or entity re-
sponsible for conducting the project.
‘‘(2) A comprehensive description of the need for
the project, and a statement of the project’s relation-
ship 
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 in-
dividuals 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 appli-
cant, 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 re-
main available until expended.
‘‘§ 70108. Foreign port assessment
‘‘(a) IN GENERAL.—The Secretary shall assess the ef-
fectiveness 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 inter-
national maritime commerce.
‘‘(b) PROCEDURES.—In conducting an assessment
under subsection (a), the Secretary shall assess the effective-
ness 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 ter-
rorism against the United States.
‘‘(c) CONSULTATION.—In carrying out this section, the
Secretary may consult with—