I
107TH CONGRESS
2D SESSION
H. R. 3983
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
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
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 port 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.—(1) 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 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 assess-
ment conducted by or on behalf of a port authority or ma-
rine 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 coordi-
nation with State and local governmental agencies.
‘‘(B) Identification of security resources.
‘‘(C) Establishment of procedures for the co-
ordination 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 im-
minent threats of catastrophic emergencies to the
appropriate State and Federal agencies.
‘‘(E) Establishment of criteria and procedures
to ensure immediate and effective Federal identifica-
tion 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
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 inte-
grated 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 oper-
ator 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 emer-
gency to the maximum extent practicable.
‘‘(2) The vessels and facilities referred to in para-
graph (1) are vessels and facilities that the Secretary be-
lieves 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
require immediate communications between that in-
dividual 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 substantial threat of a catastrophic emergency;
‘‘(E) be updated at least every five years; and
‘‘(F) be resubmitted for approval of each sig-
nificant 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 com-
pliance 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 Sec-
retary 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 sub-
ject 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
public, including—
‘‘(1) 
facility 
antiterrorism 
plans, 
vessel
antiterrorism plans, and port vulnerability assess-
ments.
‘‘(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 Direc-
tor’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) un-
less 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 speci-
fied 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 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
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 in-
dividual 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.
‘‘(d) BACKGROUND RECORDS CHECK.—(1) On re-
quest of the Secretary, the Attorney General shall—
‘‘(A) conduct a background records check re-
garding 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 At-
torney 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 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 (b)(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 sub-
ject 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 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 rela-
tionship 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 re-
quired 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 Sec-
retary considers to be necessary for evaluating the
eligibility of the project for funding under this sec-
tion.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—(1) To
carry out this section there is authorized to be appro-
priated 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—
‘‘(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 be-
lieves 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 effec-
tiveness 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—
‘‘(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
Secretary shall notify the appropriate authorities of the
government of the foreign country of the finding and rec-
ommend 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
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 par-
ticular port shall take effect—
‘‘(1) 90 days after the government of the for-
eign country with jurisdiction over or control of that
port is notified under section 70109 unless the Sec-
retary finds that the government has brought the
antiterrorism measures at the port up to the secu-
rity level the Secretary used in making an assess-
ment under section 70108 before the end of that 90-
day period; 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
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 con-
tainerized 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 com-
mon 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 re-
quest 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:
‘‘(A) The full name of each passenger and crew
member.
‘‘(B) The date of birth and citizenship of each
passenger and crew member.
‘‘(C) The sex of each passenger and crew mem-
ber.
‘‘(D) The passport number and country of
issuance of each passenger and crew member if re-
quired for travel.
‘‘(E) The United States visa number or resi-
dent alien card number of each passenger and crew
member, as applicable.
‘‘(F) 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 Secretary 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 sub-
titles 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 MANI-
FEST REQUIREMENT.—Section 70112 of title 46, United
States Code, as enacted by the amendment made by sub-
section (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 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 Sec-
retary may initiate a rulemaking to implement this
section (including the amendments made by this sec-
tion) as soon as practicable after the date of enact-
ment 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 fol-
lowing:
‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DI-
RECTION OF VESSELS BY COAST GUARD.
‘‘(a) NOTIFICATION OF COAST GUARD.—Under regu-
lations prescribed by the Secretary, a commercial vessel
entering the territorial sea of the United States shall no-
tify the Secretary by electronic transmission not later than
96 hours before that entry and provide the following infor-
mation 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 Sec-
retary 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, 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 fol-
lowing:
‘‘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 wa-
ters of the territorial sea of the United States as de-
scribed in Presidential Proclamation 5928 of Decem-
ber 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 striking ‘‘IMPRISONMENT’’ in the section
heading and inserting ‘‘IMPRISONMENT; CIVIL PEN-
ALTIES’’;
(2) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘If’’ in the first undesignated paragraph;
(3) by striking ‘‘(a) If any other’’ and inserting
‘‘(b) APPLICATION TO OTHERS.—If any other’’; and
(4) 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 emer-
gency, 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, for a period not to exceed 6 months after
the end of the war or termination of the national emer-
gency.’’.
(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 effective-
ness of any end-strength limitation with respect to that
fiscal year prescribed by law for any military or civilian
component of the Coast Guard Reserve, for a period not
to exceed 6 months after the end of the war or termination
of the national emergency.’’.
SEC. 6. EXTENSION OF DEEPWATER PORT ACT TO NAT-
URAL 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 ap-
pears:
(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 ves-
sels 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
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 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 navi-
gable 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 naviga-
tion of the vessel on the waters on which the vessel
operates.
(b) REGULATIONS.—The Secretary of Transportation
shall issue regulations implementing subsection (a), in-
cluding 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).
Æ