I
107TH CONGRESS
2D SESSION
H. R. 3621
To improve the security of seaports and the marine environment to promote
public safety and commerce.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 23, 2002
Mr. VITTER introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committees
on Ways and Means, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To improve the security of seaports and the marine
environment to promote public safety and commerce.
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
‘‘Port Security and Terrorism Prevention Act’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
TITLE I—PORT AND MARITIME SECURITY
Sec. 101. National Maritime Security Advisory Committee.
Sec. 102. Initial security evaluations and port vulnerability assessments.
Sec. 103. Establishment of local port security committees.
Sec. 104. Maritime facility security plans.
Sec. 105. Employment investigations and restrictions for security-sensitive posi-
tions.
Sec. 106. Maritime domain awareness.
Sec. 107. International port security.
Sec. 108. Maritime security professional training.
Sec. 109. Port security infrastructure improvement.
Sec. 110. Security of cargo.
Sec. 111. Revision of port security planning guide.
Sec. 112. Shared dockside inspection facilities.
Sec. 113. Mandatory advanced electronic information for cargo.
Sec. 114. Prearrival messages from vessels destined to United States ports.
Sec. 115. Maritime safety and security teams.
Sec. 116. Extension of seaward jurisdiction.
Sec. 117. Suspension of limitation on strength of Coast Guard.
Sec. 118. Definitions.
TITLE II—ADDITIONAL MARITIME SAFETY AND SECURITY
RELATED MEASURES
Sec. 201. Destruction or interference with vessels or maritime facilities.
Sec. 202. Sanctions for failure to heave to; sanctions for obstruction of board-
ing and providing false information.
Sec. 203. Extension of Deepwater Port Act to natural gas.
Sec. 204. Assignment of Coast Guard personnel as sea marshals and enhanced
use of other security personnel.
Sec. 205. National maritime transportation security plan.
Sec. 206. Vessel security plans.
Sec. 207. Protection of security-related information.
Sec. 208. Enhanced crewmember identification.
Sec. 209. Piracy and privateering.
Sec. 210. Criminal sanctions for violence against maritime navigation, place-
ment of destructive devices, and malicious dumping.
TITLE I—PORT AND MARITIME
SECURITY
SEC. 101. NATIONAL MARITIME SECURITY ADVISORY COM-
MITTEE.
(a) IN GENERAL.—Section 7 of the Ports and Water-
ways Safety Act (33 U.S.C. 1226) is amended by adding
at the end the following:
‘‘(d) NATIONAL
MARITIME
SECURITY
ADVISORY
COMMITTEE.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a National Maritime Security Advisory Com-
mittee, comprised of not more than 21 members ap-
pointed by the Secretary. The Secretary may require
that a prospective member undergo a background
check or obtain an appropriate security clearance be-
fore appointment.
‘‘(2) ORGANIZATION.—The Secretary—
‘‘(A) shall designate a chairperson of the
Advisory Committee;
‘‘(B) shall approve a charter, including
such procedures and rules as the Secretary
deems necessary for the operation of the Advi-
sory Committee;
‘‘(C) may establish subcommittees to facili-
tate consideration of specific issues, including
maritime and port security, border protection,
and maritime domain awareness issues, the po-
tential effects on national energy security, the
United States economy, and the environment of
disruptions of crude oil, refined petroleum prod-
ucts, liquified natural gas, and other energy
sources; and
‘‘(D) may invite the participation of other
Federal agencies and of State and local govern-
ment agencies of State, including law enforce-
ment agencies, with an interest or expertise in
anti-terrorism or maritime and port security
and safety related issues.
‘‘(3) MATERIAL
AND
MISSION
SUPPORT.—In
carrying out this subsection, the Secretary may ac-
cept contributions of funds, material, services, and
the use of personnel and facilities from public or pri-
vate entities, by contract or other arrangement, if
the confidentiality of security-sensitive information is
maintained and access to such information is limited
appropriately. The Secretary shall deposit any funds
accepted under this paragraph as miscellaneous re-
ceipts in the general fund of the Treasury.
‘‘(4) FUNCTIONS.—The Advisory Committee
shall—
‘‘(A) advise, consult with, and make rec-
ommendations to the Secretary on ways to en-
hance the security and safety of United States
ports; and
‘‘(B) provide advice and recommendations
to the Secretary on matters related to maritime
and port security and safety, including—
‘‘(i) long-term solutions for maritime
and port security issues;
‘‘(ii) coordination of security and safe-
ty operations and information between and
among Federal, State, and local govern-
ments and area and local port security
committees and harbor safety committees;
‘‘(iii) conditions for maritime security
and safety grants;
‘‘(iv) development of a National Mari-
time Transportation Security Plan;
‘‘(v) development and implementation
of local maritime security plans;
‘‘(vi) protection of port energy trans-
portation facilities; and
‘‘(vii) helping to ensure that the pub-
lic and area and local port security com-
mittees are kept informed about maritime
security enhancement developments.
‘‘(5) TERMINATION.—The Advisory Committee
shall terminate on September 30, 2005.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary such sums
as may be necessary to carry out section 7(d) of the Ports
and Waterways Safety Act (as added by subsection (a)
of this section), such sums to remain available until ex-
pended.
‘‘(5) UNAUTHORIZED DISCLOSURE.—The Sec-
retary shall ensure that all initial security evalua-
tions, port vulnerability assessments, and any associ-
ated materials are properly safeguarded from unau-
thorized disclosure.
‘‘(6) MATERIAL
AND
MISSION
SUPPORT.—In
carrying out responsibilities under this subsection,
the Secretary may accept contributions of funds,
material, services, and the use of personnel and fa-
cilities from public and private entities by contract
or other arrangement if the confidentiality of secu-
rity-sensitive information is maintained and access
to such information is limited appropriately. The
Secretary shall deposit any funds accepted under
this paragraph as miscellaneous receipts in the gen-
eral fund of the Treasury.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized 
to 
be 
appropriated 
to 
the 
Secretary
$10,000,000 for each of fiscal years 2002 through 2006
to carry out section 7(e) of the Ports and Waterways Safe-
ty Act (as added by this subsection (a) of this section),
such sums to remain available until expended.
(c) 
SECURITY
ASSESSMENT
METHODOLOGY
PROJECT.—
(1) IN GENERAL.—The Secretary, in coopera-
tion with the team described in paragraph (4), shall
carry out a demonstration project to assist the Port
of Baton Rouge, Louisiana, in the development of a
security assessment methodology (in this subsection
referred to as the ‘‘SAM’’) and a training program
to implement the SAM.
(2) ELEMENTS OF PROJECT.—The project shall
have the following elements:
(A) Development of the SAM and a train-
ing program to implement the SAM.
(B) Training of the personnel of the Port
of Baton Rouge in use of the SAM.
(C) Use of the SAM to conduct a security
assessment of the Port’s facilities.
(D) Documentation of the assessment re-
sults, conclusions, and any needed actions to
address unacceptable security risks at the Port
and making the results available to appropriate
public safety agency personnel.
(3) PURPOSE.—The SAM shall assess the abil-
ity of a port to—
(A) detect terrorist or criminal activity;
(B) after detection of such activity, ade-
quately respond to prevent successful comple-
tion of the activity or to reduce the con-
sequences of the activity to acceptable levels;
and
(C) provide capabilities to mitigate the
consequences of the activity.
(4) SAM TEAM MEMBERS.—The Secretary shall
carry out the project in cooperation with—
(A) the Coast Guard;
(B) the Defense Threat Reduction Agency;
(C) 
the 
Louisiana 
State 
University
Counter Terrorist Academy;
(D) the Center for Civil Force Protection
of the Department of Justice;
(E) Louisiana State Police; and
(F) Southern University.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $2,000,000 for
fiscal year 2002, $5,000,000 for fiscal year 2003,
$10,000,000 for fiscal year 2004, and $7,000,000
for fiscal year 2005. Such sums shall remain avail-
able until expended.
SEC. 103. ESTABLISHMENT OF LOCAL PORT SECURITY
COMMITTEES.
(a) IN GENERAL.—Section 7 of the Ports and Water-
ways Safety Act (33 U.S.C. 1226) is further amended by
adding at the end the following:
‘‘(f) LOCAL PORT SECURITY COMMITTEES.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish local port security committees.
‘‘(2) FUNCTIONS.—A local port security com-
mittee established under this subsection shall—
‘‘(A) help coordinate planning and other
port security activities;
‘‘(B) help make use of, and disseminate
the information made available under this sec-
tion;
‘‘(C) make recommendations concerning
initial security evaluations and port vulner-
ability assessments by identifying the unique
characteristics of each port;
‘‘(D) assist in the review of port vulner-
ability assessments promulgated under this sec-
tion;
‘‘(E) assist in implementing the guidance
promulgated under this section;
‘‘(F) annually review maritime security
plans for each local port authority, waterfront
facility operator, or operator of a public or com-
mercial structure located within or adjacent to
the marine environment; and
‘‘(G) assist the Captain-of-the-Port in con-
ducting a field security exercise at least once
every 3 years to verify the effectiveness of one
or more maritime security plans for a local port
authority, waterfront facility operator, or oper-
ator of a public or commercial structure located
within or adjacent to the marine environment.
‘‘(3) USE OF EXISTING COMMITTEES.—In es-
tablishing these local port security committees, the
Secretary may use or augment any existing port or
harbor safety committee or port readiness com-
mittee, if the membership of the port security com-
mittee includes representatives of—
‘‘(A) the port authority or authorities;
‘‘(B) Federal, State, and local government;
‘‘(C) Federal, State, and local law enforce-
ment agencies;
‘‘(D) longshore labor organizations or
transportation workers;
‘‘(E) local port-related business officials or
management organizations;
‘‘(F) shipping companies, vessel owners,
terminal owners and operators, truck, rail and
pipeline operators, where such are in operation;
and
‘‘(G) other persons or organizations whose
inclusion is deemed beneficial by the Captain-
of-the-Port or the Secretary.
‘‘(4) CHAIR.—Each local port security com-
mittee shall be chaired by the Captain-of-the-Port.
‘‘(5) JURISDICTION.—Each port may have a
separate port security committee or, at the discre-
tion of the Captain-of-the-Port, a Captain-of-the-
Port zone may have a single port security committee
covering all ports within that zone.
‘‘(6) QUARTERLY MEETINGS.—The port secu-
rity committee shall meet at least 4 times each year
at the call of the Chairperson.
‘‘(7) FACA NOT
APPLICABLE.—The Federal
Advisory Committee Act (5 U.S.C. App.) does not
apply to a port security committee established under
this subsection.
‘‘(8) MATERIAL
AND
MISSION
SUPPORT.—In
carrying out responsibilities under this subsection,
the Secretary may accept contributions of funds,
material, services, and the use of personnel and fa-
cilities from public and private entities by contract
or other arrangement if the confidentiality of secu-
rity-sensitive information is maintained and access
to such information is limited appropriately. The
Secretary shall deposit any funds accepted under
this paragraph as miscellaneous receipts in the gen-
eral fund of the United States Treasury.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary $5,000,000
for fiscal year 2002, $8,000,000 for fiscal year 2003, and
$5,000,000 for each of fiscal years 2004 through 2006
to carry out section 7(f) of the Ports and Waterways Safe-
ty Act (as added by subsection (a) of this section), such
sums to remain available until expended.
SEC. 104. MARITIME FACILITY SECURITY PLANS.
(a) IN GENERAL.—Section 7 of the Ports and Water-
ways Safety Act (33 U.S.C. 1226) is further amended by
adding at the end the following:
‘‘(g) MARITIME FACILITY SECURITY PLANS.—
‘‘(1) REGULATIONS
TO
ESTABLISH
REQUIRE-
MENT.—The Secretary, after consultation with the
Secretary of the Treasury and the Attorney General,
shall issue regulations establishing requirements for
submission of a maritime facility security plan, as
the Secretary determines necessary, by each port au-
thority, waterfront facility operator, or operator of a
public or commercial structure located within or ad-
jacent to the marine environment (as defined in sec-
tion 2101(15) of title 46, United States Code). The
Secretary shall ensure that the local port security
committee is consulted in the development of a mari-
time facility security plan under those regulations.
‘‘(2) PURPOSE; SPECIFICITY; CONTENT.—
‘‘(A) PURPOSE.—A maritime facility secu-
rity plan shall provide a law enforcement pro-
gram and capability at the port that is ade-
quate to safeguard the public and to improve
the response to threats of crime and terrorism.
‘‘(B) 
SPECIFICITY.—Notwithstanding
other provisions of this Act, the Secretary may
impose specific, or different requirements on in-
dividual ports, port authorities, marine terminal
operators or other entities required to submit a
maritime facility security plan under regula-
tions promulgated under this subsection.
‘‘(3) INCORPORATION
OF
EXISTING
SECURITY
PLANS.—The Secretary may approve a maritime fa-
cility security plan, or an amendment to an existing
program or plan, that incorporates—
‘‘(A) a security program of a marine ter-
minal operator tenant with access to a secured
area of the port, under such conditions as the
Secretary deems appropriate; or
‘‘(B) a maritime facility security plan of a
port authority that incorporates a State or local
security program, policy, or law.
‘‘(4) APPROVAL PROCESS.—
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the appropriate local port secu-
rity committee established under subsection (f),
shall review and approve or disapprove each
maritime facility security plan submitted under
regulations promulgated under this subsection.
‘‘(B) RESUBMISSION
OF
DISAPPROVED
PLANS.—If the Secretary disapproves a mari-
time facility security plan—
‘‘(i) the Secretary shall notify the plan
submitter in writing of the reasons for the
disapproval; and
‘‘(ii) the submitter shall submit a re-
vised maritime facility security plan within
180 days after receiving the notification of
disapproval.
‘‘(5) PERIODIC REVIEW AND RESUBMISSION.—
Whenever appropriate, but no less frequently than
once every 5 years, each port authority, marine ter-
minal operator, or other entity required to submit a
maritime facility security plan under regulations
promulgated under this subsection shall review its
plan, make necessary or appropriate revisions, and
submit the results of its review and revised plan to
the Secretary.
‘‘(6) INTERIM SECURITY MEASURES.—The Sec-
retary shall require each port authority, waterfront
facility operator, or operator of a public or commer-
cial structure located within or adjacent to the ma-
rine environment to implement any necessary secu-
rity measures until the maritime facility security
plan for that port authority, waterfront facility oper-
ator, or operator of a public or commercial structure
located within or adjacent to the marine environ-
ment is approved.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary $3,500,000
for each of fiscal years 2002 through 2006 to carry out
section 7(g) of the Ports and Waterways Safety Act (as
added by subsection (a) of this section), such sums to re-
main available until expended.
SEC. 105. EMPLOYMENT INVESTIGATIONS AND RESTRIC-
TIONS FOR SECURITY-SENSITIVE POSITIONS.
Section 7 of the Ports and Waterways Safety Act (33
U.S.C. 1226) is further amended by adding at the end
the following:
‘‘(h) DESIGNATION OF CONTROLLED ACCESS AREAS;
PROTECTION
OF
SECURITY-SENSITIVE
INFORMATION;
EMPLOYMENT INVESTIGATIONS AND CRIMINAL HISTORY
RECORD CHECKS.—
‘‘(1) ACCESS
AREAS; RESTRICTED
INFORMA-
TION REGULATIONS.—The Secretary, after consulta-
tion with the Secretary of the Treasury and the At-
torney General, shall prescribe regulations to—
‘‘(A) require, as necessary, the designation
of controlled access areas in the maritime facil-
ity security plan for each waterfront facility and
other public or commercial structure located
within or adjacent to the marine environment;
and
‘‘(B) limit access to security-sensitive in-
formation, such as passenger and cargo mani-
fests.
‘‘(2) SCREENING; BACKGROUND
CHECKS.—In
prescribing access limitations under this section, the
Secretary may—
‘‘(A) require that persons entering or
exiting secure, restricted, or controlled access
areas undergo physical screening;
‘‘(B) require appropriate escorts for per-
sons without proper clearances or credentials;
and
‘‘(C) require employment investigations
and criminal history record checks to ensure
that individuals who have unrestricted access to
controlled areas or have access to security-sen-
sitive information do not pose a threat to na-
tional security or to the safety and security of
maritime commerce.
‘‘(3) DISQUALIFICATION FROM NEW OR CON-
TINUED EMPLOYMENT.—An individual may not be
employed in a security-sensitive position at any wa-
terfront facility or other public or commercial struc-
ture located within or adjacent to the marine envi-
ronment if—
‘‘(A) the individual does not meet other
criteria established by the Secretary; or
‘‘(B) a background investigation or crimi-
nal records check reveals that the individual
was convicted, or found not guilty by reason of
insanity, of an offense described in paragraph
(4).
‘‘(4) DISQUALIFYING OFFENSES.—The offenses
referred to in paragraph (3)(B) are the following:
‘‘(A) Murder.
‘‘(B) Assault with intent to murder.
‘‘(C) Espionage.
‘‘(D) Sedition.
‘‘(E) Treason.
‘‘(F) Rape.
‘‘(G) Kidnaping.
‘‘(H) Unlawful possession, sale, distribu-
tion, importation, or manufacture of an explo-
sive or weapon.
‘‘(I) Extortion.
‘‘(J) Armed or felony unarmed robbery.
‘‘(K) Importation, manufacture, or dis-
tribution of, or intent to distribute, a controlled
substance.
‘‘(L) A felony involving a threat.
‘‘(M) A felony involving willful destruction
of property.
‘‘(N) Smuggling.
‘‘(O) Theft of property in the custody of
the United States Customs Service.
‘‘(P) Attempt to commit, or conspiracy to
commit any of the offenses referred to in sub-
paragraphs (A) through (O).
‘‘(5) ALTERNATIVE ARRANGEMENTS.—Notwith-
standing paragraph (1), an individual may be em-
ployed in a security-sensitive position although that
individual would otherwise be disqualified from such
employment if the employer establishes alternate se-
curity arrangements acceptable to the Secretary.
‘‘(6) ACCESS TO DATABASES.—Notwithstanding
any other provision of law to the contrary, but sub-
ject to existing or new procedural safeguards im-
posed by the Attorney General, the Secretary is au-
thorized to access the Federal Bureau of Investiga-
tion’s Integrated Automatic Fingerprinting Identi-
fication System, the Fingerprint Identification
Record System, the Interstate Identification Index,
the National Crime Identification System, and the
Integrated Entry and Exit Data System for the pur-
pose of conducting or verifying the results of any
background investigation or criminal records check
required by this subsection.
‘‘(7) RESTRICTIONS ON USE AND MAINTENANCE
OF INFORMATION.—
‘‘(A) SECRETARY MAY GIVE RESULTS OF
INVESTIGATION
TO
EMPLOYERS.—The Sec-
retary may transmit the results of a back-
ground check or criminal records check to a
port authority, marine terminal operator, or
other entity the Secretary determines necessary
for carrying out the requirements of this sub-
section.
‘‘(B) FOIA NOT TO APPLY.—Information
obtained by the Secretary under this subsection
may not be made available to the public under
section 552 of title 5, United States Code.
‘‘(C) CONFIDENTIALITY.—Except to the
extent necessary to carry out this subsection,
any information other than criminal acts or of-
fenses constituting grounds for ineligibility for
employment under paragraph (3) shall be main-
tained confidentially by the Secretary and may
be used only for making determinations under
this section.
‘‘(8) EFFECTIVENESS AUDITS.—The Secretary
shall provide for the periodic audit of the effective-
ness of employment investigations and criminal his-
tory record checks required by this subsection.
‘‘(9) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to carry out
this subsection.’’.
SEC. 106. MARITIME DOMAIN AWARENESS.
(a) IN GENERAL.—The Secretary shall conduct a
study on ways to enhance maritime domain awareness
through improved collection and coordination of maritime
intelligence and submit a report on the findings of that
study to the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate and the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives.
(b) SPECIFIC MATTERS TO BE ADDRESSED.—In the
study, the Secretary shall—
(1) identify actions, funding, and other re-
sources necessary for multi-agency cooperative ef-
forts to improve the maritime security of the United
States;
(2) specifically address measures necessary to
ensure the effective collection, dissemination, and in-
terpretation of maritime intelligence and data, infor-
mation resource management and database require-
ments, architectural measures for cross-agency inte-
gration, data sharing, correlation and safeguarding
of data, and cooperative analysis to identify and ef-
fectively respond to threats to maritime security;
(3) estimate the potential costs of establishing
and operating such a new or linked database and
provides recommendations on what agencies should
contribute to the cost of its operation;
(4) estimate of potential costs and benefits of
utilizing commercial supercomputing platforms and
data bases to enhance information collection and
analysis capabilities across multiple Federal agen-
cies; and
(5) provide a suggested time frame for the de-
velopment of such a system or database.
(c) PARTICIPATION OF OTHER AGENCIES.—The Sec-
retary shall consult with the Director of Central Intel-
ligence, the Secretary of State, the Secretary of the Treas-
ury, the Secretary of Defense, the Attorney General, the
Secretary of Agriculture, the Secretary of Commerce, the
Secretary of Energy, the Director of the Federal Emer-
gency Management Agency, and the heads of other depart-
ments and agencies as necessary and invite their participa-
tion in the preparation of the study and report required
by subsection (a).
(d) DEADLINE.—The Secretary shall submit the re-
port required by subsection (a) within 180 days after the
date of enactment of this Act.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary $500,000
in fiscal year 2002 to carry out this section.
SEC. 107. INTERNATIONAL PORT SECURITY.
(a) IN GENERAL.—Part A of subtitle II of title 46,
United States Code, is amended by adding at the end the
following:
‘‘CHAPTER 25—INTERNATIONAL PORT SECURITY
‘‘Sec.
‘‘2501. Assessment.
‘‘2502. Notifying foreign authorities.
‘‘2503. Actions when ports not maintaining and carrying out effective security
measures.
‘‘2504. Travel advisories concerning security at foreign ports.
‘‘2505. Suspensions.
‘‘2506. Acceptance of contributions; joint venture arrangements.
‘‘§ 2501. Assessment
‘‘(a) IN GENERAL.—At intervals the Secretary of
Transportation considers necessary, the Secretary shall
assess the effectiveness of the security measures main-
tained at—
‘‘(1) a foreign port—
‘‘(A) served by vessels of the United
States;
‘‘(B) from which foreign vessels serve the
United States; or
‘‘(C) that poses a high risk of introducing
danger to United States ports and waterways,
United States citizens, vessels of the United
States, or any other United States interests;
and
‘‘(2) any other foreign port the Secretary con-
siders appropriate.
‘‘(b) PROCEDURES AND STANDARDS.—As the Sec-
retary determines necessary for security purposes, the
Secretary shall conduct an assessment under subsection
(a)—
‘‘(1) in consultation with appropriate authori-
ties of the government of the foreign country con-
cerned and operators of vessels of the United States
serving the foreign port for which the Secretary is
conducting the assessment;
‘‘(2) to establish the extent to which a foreign
port effectively maintains and carries out inter-
nationally recognized security measures; and
‘‘(3) by using a standard based on the stand-
ards for port security and recommended practices of
the International Maritime Organization and other
appropriate international organizations.
‘‘(c) CONSULTATION.—In carrying out this section,
the Secretary shall consult with—
‘‘(1) the Secretary of State—
‘‘(A) on the terrorist or relevant criminal
threat that exists in each country involved; and
‘‘(B) identify foreign ports that—
‘‘(i) are not under the de facto control
of the government of the foreign country in
which they are located; and
‘‘(ii) pose a high risk of introducing
danger to international maritime com-
merce; and
‘‘(2) the Secretary of the Treasury and coordi-
nate any such assessment with the United States
Customs Service.
‘‘§ 2502. Notifying foreign authorities
‘‘(a) DISSEMINATION OF INFORMATION ABOUT THE
PROGRAM.—The Secretary shall work with the Secretary
of State to facilitate the dissemination of port security
program information to port authorities and marine ter-
minal operators in other countries.
‘‘(b) SPECIFIC NOTIFICATIONS.—If the Secretary of
Transportation, after conducting an assessment under sec-
tion 2501, finds that a port does not maintain and carry
out effective security measures, the Secretary, through the
Secretary of State, shall notify the appropriate authorities
of the government of the foreign country of the finding
and recommend the steps necessary to bring the security
measures in use at the port up to the standard used by
the Secretary of Transportation in making the assess-
ment.
‘‘§ 2503. Actions when ports not maintaining and car-
rying out effective security measures
‘‘(a) IN GENERAL.—If the Secretary of Transpor-
tation finds that a port does not maintain and carry out
effective security measures, the Secretary shall—
‘‘(1) in consultation with the Secretaries of
State, Treasury, Agriculture, and the Attorney Gen-
eral, develop measures to protect the safety and se-
curity of United States ports from risks related to
vessels arriving from a foreign port that does not
maintain an acceptable level of security;
‘‘(2) have the identity of the port posted and
displayed prominently at all United States ports at
which scheduled passenger carriage is provided regu-
larly to that port; and
‘‘(3) require each United States and foreign
vessel providing transportation between the United
States and the port to provide written notice of the
decision, on or with the ticket, to each passenger
buying a ticket for transportation between the
United States and the port;
‘‘(b) STATE DEPARTMENT TO BE NOTIFIED.—The
Secretary immediately shall notify the Secretary of State
of a finding that a port does not maintain and carry out
effective security measures so that the Secretary of State
may issue a travel advisory.
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRED.—
The Secretary promptly shall submit to Congress a report
(and classified annex if necessary) identifying any port
that the Secretary finds does not maintain and carry out
effective security measures and describe any action taken
under this section with regard to that port.
‘‘(d) ACTION CANCELED.—An action required under
this section is no longer required if the Secretary, in con-
sultation with the Secretary of State, decides that effective
security measures are maintained and carried out at the
port. The Secretary shall notify Congress when the action
is no longer required.
‘‘§ 2504. Travel advisories concerning security at for-
eign ports
‘‘(a) IN GENERAL.—Upon being notified by the Sec-
retary of Transportation that the Secretary has deter-
mined that a condition exists that threatens the safety or
security of passengers, passenger vessels, or crew traveling
to or from a foreign port which the Secretary has deter-
mined under this chapter to be a port which does not
maintain and administer effective security measures, the
Secretary of State shall immediately issue a travel advi-
sory with respect to the port. The Secretary of State shall
take the necessary steps to publicize the travel advisory
widely.
‘‘(b) WHEN
TRAVEL
ADVISORY
MAY
BE
CAN-
CELED.—The travel advisory required to be issued under
subsection (a) of this section may be lifted only if the Sec-
retary of Transportation, in consultation with the Sec-
retary of State, has determined that effective security
measures are maintained and administered at the port
with respect to which the Secretary of Transportation had
made the determination.
‘‘(c) CONGRESSIONAL
NOTIFICATION.—The Sec-
retary of State shall immediately notify Congress of any
change in the status of a travel advisory imposed pursuant
to this section.
‘‘§ 2505. Suspensions
‘‘(a) IN GENERAL.—The President, without prior no-
tice or a hearing, shall suspend the right of any vessel
of the United States to provide foreign sea transportation,
and the right of a person to operate vessels in foreign sea
commerce, to or from a foreign port, if the President finds
that—
‘‘(1) a condition exists that threatens the safety
or security of passengers, vessels, or crew traveling
to or from that port; and
‘‘(2) the public interest requires an immediate
suspension of trade between the United States and
that port.
‘‘(b) DENIAL OF ENTRY.—If a person operates a ves-
sel in violation of this section, the President may deny the
vessels of that person entry to United States ports.
‘‘(c) PENALTY FOR VIOLATION.—A person violating
this section is liable to the United States Government for
a civil penalty of not more than $50,000. Each day a ves-
sel utilizes a prohibited port shall be a separate violation
of this section.
‘‘§ 2506. Acceptance of contributions; joint venture
arrangements
‘‘In carrying out responsibilities under this chapter, the
Secretary may accept contributions of funds, material,
services, and the use of personnel and facilities from public
and private entities by contract or other arrangement if
the confidentiality of security-sensitive information is
maintained and access to such information is limited ap-
propriately. The Secretary shall deposit any funds accept-
ed under this section as miscellaneous receipts in the gen-
eral fund of the United States Treasury.’’.
(b) CONFORMING AMENDMENT.—The table of chap-
ters at the beginning of subtitle II of title 46, United
States Code, is amended by inserting the following new
item in part A after the item for chapter 23:
‘‘25. International Port Security .................................................. 2501’’.
(c) REPEALS.—Sections 902, 905, 907, 908, 909,
910, 911, 912, and 913 of the International Maritime and
Port Security Act (46 U.S.C. App. 1801, 1802, 1803,
1804, 1805, 1806, 1807, 1808, and 1809), are repealed.
(d) FOREIGN-FLAG VESSELS.—Within 6 months
after the date of enactment of this Act and every year
thereafter, the Secretary, in consultation with the Sec-
retary of State, shall provide a report to the Committees
on Commerce, Science, and Transportation, Foreign Rela-
tions, and Appropriations of the Senate and the Commit-
tees on Transportation and Infrastructure, International
Relations, and Appropriations of the House of Representa-
tives that lists the following information:
(1) A list of all nations whose flag vessels have
entered United States ports in the previous year.
(2) Of the nations on that list, a separate list
of those nations—
(A) whose registered flag vessels appear as
Priority III or higher on the Boarding Priority
Matrix maintained by the Coast Guard;
(B) that have presented, or whose flag ves-
sels have presented, false, intentionally incom-
plete, or fraudulent information to the United
States concerning passenger or cargo manifests,
crew identity or qualifications, or registration or
classification of their flag vessels;
(C) whose vessel registration or classifica-
tion procedures have been found by the Sec-
retary to be noncompliant with international
classifications or do not exercise adequate con-
trol over safety and security concerns; or
(D) whose laws or regulations are not suf-
ficient to allow tracking of ownership and reg-
istration histories of registered flag vessels.
(3) Actions taken by the United States, whether
through domestic action or international negotiation,
including agreements at the International Maritime
Organization under section 902 of the International
Maritime and Port Security Act (46 U.S.C. App.
1801), to improve transparency and security of ves-
sel registration procedures in nations on the list
under paragraph (2).
(4) Recommendations for legislative or other
actions needed to improve security of United States
ports against potential threats posed by flag vessels
of nations named in paragraph (2).
SEC. 108. MARITIME SECURITY PROFESSIONAL TRAINING.
(a) IN GENERAL.—
(1) DEVELOPMENT OF STANDARDS.—Not later
than 6 months after the date of enactment of this
Act, the Secretary shall develop standards and cur-
riculum to allow for the training and certification of
maritime security professionals. In developing these
standards and curriculum, the Secretary shall con-
sult with the National Maritime Security Advisory
Committee established under section 7(d) of the
Ports and Maritime Safety Act (33 U.S.C. 2116(d)).
(2) SECRETARY TO CONSULT ON STANDARDS.—
In developing standards under this section, the Sec-
retary may, without regard to the Federal Advisory
Committee Act (5 U.S.C. App.), consult with the
Federal Law Enforcement Training Center, the
United States Merchant Marine Academy’s Global
Maritime and Transportation School, the Maritime
Security Council, the International Association of
Airport and Port Police, the National Cargo Secu-
rity Council, and any other Federal, State, or local
government or law enforcement agency or private or-
ganization or individual determined by the Secretary
to have pertinent expertise.
(b) MINIMUM STANDARDS.—The standards estab-
lished by the Secretary under subsection (a) shall include
the following elements:
(1) The training and certification of maritime
security professionals in accordance with accepted
law enforcement and security guidelines, policies,
and procedures, including, as appropriate, rec-
ommendations for incorporating a background check
process for personnel trained and certified in foreign
ports.
(2) The training of students and instructors in
all aspects of prevention, detection, investigation,
and reporting of criminal activities in the inter-
national maritime environment.
(c) ESTABLISHMENT OF SECURITY INSTITUTE.—The
Secretary shall establish a Maritime Security Institute in
the southern portion of the State of Louisiana to train
and certify maritime security professionals in accordance
with internationally recognized law enforcement stand-
ards.
(d) TRAINING AND CERTIFICATION.—The following
individuals shall be eligible for training at the Institute:
(1) Individuals who are employed, whether in
the public or private sector, in maritime law enforce-
ment or security activities.
(2) Individuals who are employed, whether in
the public or private sector, in planning, executing,
or managing security operations—
(A) at United States ports;
(B) on passenger or cargo vessels with
United States citizens as passengers or crew-
members;
(C) in foreign ports used by United States-
flagged vessels or by foreign-flagged vessels
with United States citizens as passengers or
crewmembers.
(e) ANNUAL REPORT.—The Secretary shall transmit
an annual report to the Committees on Commerce,
Science, and Transportation and Appropriations of the
Senate and the Committees on Transportation and Infra-
structure and Appropriations of the House of Representa-
tives on the expenditure of appropriated funds and the
training under this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry
out this section $5,500,000 for each of fiscal years 2002
through 2006. Such sums shall remain available until ex-
pended.
SEC. 109. PORT SECURITY INFRASTRUCTURE IMPROVE-
MENT.
(a) IN GENERAL.—The Merchant Marine Act, 1936
(46 U.S.C. App. 1101 et seq.) is amended by adding at
the end the following:
‘‘TITLE XIV—PORT SECURITY IN-
FRASTRUCTURE 
IMPROVE-
MENT
‘‘SEC. 1401. GRANTS.
‘‘(a) IN GENERAL.—The Secretary may provide
grants to public and private entities for eligible projects.
‘‘(b) ELIGIBLE PROJECTS.—A project shall be eligi-
ble for a grant under subsection (a) if the project is for
the construction or acquisition of security infrastructure
identified in a maritime facility security plan approved by
the Secretary under section 7(g) of the Ports and Water-
ways Safety Act.
‘‘(c) MATCHING REQUIREMENTS.—
‘‘(1) 80-PERCENT FEDERAL FUNDING.—Except
as provided in paragraph (2), Federal funds for any
eligible project under this section shall not exceed 80
percent of the total cost of such project.
‘‘(2) EXCEPTIONS.—
‘‘(A) SMALL
PROJECTS.—There are no
matching requirements for grants under sub-
section (a) for projects costing not more than
$100,000.
‘‘(B) HIGHER
LEVEL
OF
SUPPORT
RE-
QUIRED.—If the Secretary determines that a
proposed project merits support and cannot be
undertaken without a higher rate of Federal
support, then the Secretary may approve grants
under this section with a matching requirement
other than that specified in paragraph (1).
‘‘(d) ALLOCATION.—The Secretary shall ensure that
financial assistance provided under subsection (a) during
a fiscal year is distributed so that funds are awarded for
eligible projects that address emerging priorities or threats
identified by the National Maritime Security Advisory
Committee established under section 7(d) of the Ports and
Waterways Safety Act (33 U.S.C. 1226(d)).
‘‘SEC. 1402. ALLOCATION OF RESOURCES.
‘‘In carrying out this title, the Secretary may ensure
that not less than $6,000,000 in grants under section
1401, are made available for eligible projects (as defined
in section 1401)) located in any State to which reference
is made by name in section 607 of this Act during each
of the fiscal years 2002 through 2006.’’.
(b) ANNUAL ACCOUNTING.—The Secretary shall sub-
mit an annual summary of grants made under section
1401 of Merchant Marine Act, 1936 to the Committees
on Commerce, Science, and Transportation and Appro-
priations of the Senate, the Committees on Transportation
and Infrastructure and Appropriations of the House of
Representatives, and the National Maritime Advisory
Committee through appropriate media of communication,
including the Internet.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary—
(1) $80,000,000 for each of fiscal years 2002
through 2006 for grants under section 1401 of the
Merchant Marine Act, 1936; and
(2) $5,000,000 for each of fiscal years 2002
through 2006 to cover administrative expenses re-
lated to such grants,
such sums to remain available until expended.
SEC. 110. SECURITY OF CARGO.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Commissioner of Cus-
toms $20,000,000 for each of fiscal years 2002 through
2006 for the purchase of non-intrusive screening and de-
tection equipment for use at United States ports, such
sums to remain available until expended.
(b) FUNDING FOR FISCAL YEAR 2002.—There is au-
thorized to be appropriated $145,000,000 for the United
States Customs Service for fiscal year 2002 for 1,200 new
customs inspector positions, 300 new customs agent posi-
tions, and other necessary port security positions, and for
purchase and support of equipment (including camera sys-
tems for docks and vehicle-mounted computers), canine
enforcement for port security, and to update computer
systems to help improve customs reporting procedures.
(c) PILOT PROGRAM FOR TRACKING AND ANTI-TAM-
PERING.—
(1) PILOT PROGRAM.—The Secretary of Trans-
portation, in cooperation with the Secretary of the
Treasury and the United States Customs Service,
shall work with the private sector to establish a pilot
program to track cargo within the United States, so
that cargo can be tracked from the time it arrives
in the United States until it reaches its final des-
tination.
(2) PROTECTIONS AND STANDARDS.—The Sec-
retary of Transportation, in cooperation with the
United States Customs Service and the Maritime
Administration, shall develop and implement im-
proved anti-theft protections and anti-tampering
standards to ensure that cargo containers cannot be
opened or tampered with during shipment within the
United States.
(3) FUNDING.—Funds authorized by this Act
may be used to carry out this subsection.
SEC. 111. REVISION OF PORT SECURITY PLANNING GUIDE.
The Secretary, acting through the Maritime Adminis-
tration and after consultation with the Advisory Com-
mittee and the United States Coast Guard, shall publish
a revised version of the document entitled ‘‘Port Security:
A National Planning Guide’’, incorporating the require-
ments promulgated under section 7(g) of the Ports and
Waterways Security Act (33 U.S.C. 2116(g)), within 1
year after the date of enactment of this Act, and make
that revised document available on the Internet.
SEC. 112. SHARED DOCKSIDE INSPECTION FACILITIES.
(a) IN GENERAL.—The Secretary of the Treasury,
the Secretary of Agriculture, the Secretary of Transpor-
tation, the Attorney General, and the Administrator of the
General Services Administration shall work with each
other, the Advisory Committee, and the States to establish
shared dockside inspection facilities at United States ports
for Federal and State agencies.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary $2,000,000
for each of fiscal years 2002 through 2006 to establish
shared dockside inspection facilities at United States ports
in consultation with the Secretary of the Treasury, the
Secretary of Agriculture, and the Attorney General.
SEC. 113. MANDATORY ADVANCED ELECTRONIC INFORMA-
TION FOR CARGO.
(a) CARGO INFORMATION.—Section 431(b) of the
Tariff Act of 1930 (19 U.S.C. 1431(b)) is amended—
(1) by striking ‘‘Any manifest’’ and inserting
‘‘(1) Any manifest’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2)(A) In addition to any other requirement under
this section, for every land, air, or vessel carrier required
to make entry or obtain clearance under the customs laws
of the United States, the pilot, master, operator, or owner
of such carrier (or the authorized agent of such owner or
operator) shall provide by electronic transmission cargo
manifest information in advance of such entry or clearance
in such manner, time, and form as the Secretary shall pre-
scribe. The Secretary may exclude any class of land, air-
craft, or vessel for which he concludes the requirements
of this subparagraph are not necessary.
‘‘(B) The Secretary by regulation shall require non-
vessel operating common carriers to meet the require-
ments of subparagraph (A).’’.
(b) CONFORMING
AMENDMENTS.—Subparagraphs
(A) and (C) of section 431(d)(1) of such Act are each
amended by inserting ‘‘or subsection (b)(2)’’ before the
semicolon.
SEC. 114. PREARRIVAL MESSAGES FROM VESSELS DES-
TINED TO UNITED STATES PORTS.
The Ports and Waterways Safety Act (33 U.S.C.
1221 et seq.) is amended—
(1) by striking ‘‘environment’’ in section 2(a)
(33 U.S.C. 1221(a)) and inserting ‘‘environment,
and the safety and security of United States ports
and waterways,’’;
(2) by striking paragraph (5) of section 4(a)
(33 U.S.C. 1223(a)) and inserting the following:
‘‘(5) require—
‘‘(A) the receipt of prearrival messages
from any vessel destined for a port or place
subject to the jurisdiction of the United States;
‘‘(B) the message to include any informa-
tion the Secretary determines to be necessary
for the control of the vessel and the safety and
security of the port, waterways, facilities, ves-
sels, and marine environment; and
‘‘(C) the message to be transmitted in elec-
tronic form (or otherwise as determined by the
Secretary) 96 hours (or other period deter-
mined by the Secretary) before the vessel’s
entry into port, and deny port entry to any ves-
sel that fails to comply with the requirements of
this paragraph.’’;
(3) by striking ‘‘environment’’ in section 5(a)
(33 U.S.C. 1224(a)) and inserting ‘‘environment,
and the safety and security of United States ports
and waterways,’’; and
(4) by adding at the end of section 5 (33
U.S.C. 1224) the following:
‘‘Nothing in this section interferes with the Secretary’s au-
thority to require information under section 4(a)(5) before
a vessel’s arrival in a port or place subject to the jurisdic-
tion of the United States.’’.
SEC. 115. MARITIME SAFETY AND SECURITY TEAMS.
(a) IN GENERAL.—To enhance the domestic mari-
time security capability of the United States, the Sec-
retary shall establish such maritime safety and security
teams as are needed to safeguard the public and protect
vessels, harbors, ports, waterfront facilities, and cargo in
waters subject to the jurisdiction of the United States
from destruction, loss or injury from crime, or sabotage
due to terrorist activity, and to respond to such activity
in accordance with security plans developed under section
7 of the Ports and Waterways Safety Act (33 U.S.C.
2116).
(b) MISSION.—Each maritime safety and security
team shall be trained, equipped and capable of being em-
ployed to—
(1) deter, protect against, and rapidly respond
to threats of maritime terrorism;
(2) enforce moving or fixed safety or security
zones established pursuant to law;
(3) conduct high speed intercepts;
(4) board, search, and seize any article or thing
on a vessel or waterfront facility found to present a
risk to the vessel, facility or port;
(5) rapidly deploy to supplement United States
armed forces domestically or overseas;
(6) respond to criminal or terrorist acts within
the port so as to minimize, insofar as possible, the
disruption caused by such acts;
(7) assist with port vulnerability assessments
required under this Act; and
(8) carry out other such missions as are as-
signed to it in support of the goals of this Act.
(c) COORDINATION WITH OTHER AGENCIES.—To
the maximum extent feasible, each maritime safety and
security team shall coordinate its activities with other Fed-
eral, State, and local law enforcement and emergency re-
sponse agencies.
SEC. 116. 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 ‘territorial
waters of the United States’ includes all waters of the ter-
ritorial sea of the United States as described in Presi-
dential 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 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.—
‘‘(1) IMPOSITION.—A person who is found,
after notice and an opportunity for a hearing, to
have violated any rule, regulation or order issued
under this Act, or found to have knowingly ob-
structed or interfered with the exercise of any power
conferred by this Act, shall be liable to the United
States for a civil penalty, not to exceed $25,000 for
each violation. Each day of a continuing violation
shall constitute a separate violation. The amount of
such civil penalty shall be assessed by the Secretary,
or the Secretary’s designee, by written notice. In de-
termining the amount of such penalty, the Secretary
shall take into account the nature, circumstances,
extent and gravity of the prohibited acts committed
and, with respect to the violator, the degree of culpa-
bility, any history of prior offenses, ability to pay,
and such other matters as justice may require.
‘‘(2) COMPROMISE, ETC.—The Secretary may
compromise, modify, or remit, with or without condi-
tions, any civil penalty which is subject to imposition
or which has been imposed under this subsection.
‘‘(3) COLLECTION.—If a person fails to pay an
assessment of a civil penalty after it has become
final, the Secretary may refer the matter to the At-
torney General of the United States, for collection in
any appropriate district court of the United
States.’’.
SEC. 117. 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 and grade distribution limitation with re-
spect 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 termi-
nation 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 effective-
ness of any end-strength and grade distribution 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. 118. DEFINITIONS.
In this title, the following definitions apply:
(1) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap-
tain-of-the-Port’’ means the United States Coast
Guard’s Captain-of-the-Port.
(2) SECRETARY.—Except as otherwise provided,
the term ‘‘Secretary’’ means the Secretary of Trans-
portation.
(3) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the National Maritime Se-
curity Advisory Committee established under section
7(d) of the Ports and Waterways Safety Act (33
U.S.C. 1226(d)).
(4) MARINE TERMINAL OPERATOR.—The term
‘‘marine terminal operator’’ has the meaning given
that term in section 1702(14) of title 46, United
States Code.
TITLE 
II—ADDITIONAL 
MARI-
TIME SAFETY AND SECURITY
RELATED MEASURES
SEC. 201. DESTRUCTION OR INTERFERENCE WITH VESSELS
OR MARITIME FACILITIES.
(a) IN GENERAL.—Part A of subtitle II of title 46,
United States Code, as amended by section 109 of this
Act, is further amended by adding at the end the fol-
lowing:
‘‘CHAPTER 
27—DESTRUCTION 
OF 
OR 
INTER-
FERENCE WITH VESSELS OR MARITIME FA-
CILITIES
‘‘Sec.
‘‘2701. Jurisdiction and scope.
‘‘2702. Destruction of vessel or maritime facility.
‘‘2703. Penalty when death results.
‘‘2704. Imparting or conveying false information.
‘‘§ 2701. Jurisdiction and scope
‘‘(a) IN GENERAL.—There is jurisdiction over an of-
fense under this chapter if—
‘‘(1) the prohibited activity takes place within
the United States, in waters subject to the jurisdic-
tion of the United States, or in the marine environ-
ment; or
‘‘(2) the prohibited activity takes place outside
the United States; and
‘‘(A) an offender or a victim is a citizen of
the United States;
‘‘(B) a citizen of the United States was on
board a vessel to which this chapter applies; or
‘‘(C) the activity involves a vessel of the
United States.
‘‘(b) EXCEPTION.—Nothing in this chapter shall
apply to otherwise lawful activities carried out by or at
the direction of the United States Government.
‘‘§ 2702. Destruction of vessel or maritime facility
‘‘(a) IN GENERAL.—It is unlawful willfully—
‘‘(1) to set fire to, damage, destroy, disable, or
wreck any vessel;
‘‘(2) to place or cause to be placed a destructive
device, as defined in section 921(a)(4) of title 18,
United States Code, or destructive substance, as de-
fined in section 13 of that title, in, upon, or in prox-
imity to, or otherwise to make or cause to be made
unworkable or unusable or hazardous to work or
use, any vessel, or any part or other materials used
or intended to be used in connection with the oper-
ation of a vessel;
‘‘(3) to set fire to, damage, destroy, or disable
or place a destructive device or substance in, upon,
or in proximity to, any maritime facility, including
any aid to navigation, lock, canal, or vessel traffic
service facility or equipment, or interferes by force
or violence with the operation of such facility, if such
action is likely to endanger the safety of any vessel
in navigation;
‘‘(4) to set fire to, damage, destroy, or disable
or place a destructive device or substance in, upon,
or in proximity to, any appliance, structure, prop-
erty, machine, or apparatus, or any facility or other
material used, or intended to be used, in connection
with the operation, maintenance, loading, unloading
or storage of any vessel or any passenger or cargo
carried or intended to be carried on any vessel;
‘‘(5) to perform an act of violence against or in-
capacitate any individual on any vessel, if such act
of violence or incapacitation is likely to endanger the
safety of the vessel or those on board;
‘‘(6) to perform an act of violence against a
person that causes or is likely to cause serious bodily
injury, as defined in section 1356 of title 18, United
States Code, in, upon, or in proximity to, any appli-
ance, structure, property, machine, or apparatus, or
any facility or other material used, or intended to be
used, in connection with the operation, maintenance,
loading, unloading or storage of any vessel or any
passenger or cargo carried or intended to be carried
on any vessel;
‘‘(7) to communicate information, knowing the
information to be false and under circumstances in
which such information may reasonably be believed,
thereby endangering the safety of any vessel in navi-
gation; or
‘‘(8) to attempt or conspire to do anything pro-
hibited under paragraphs (1) through (7) of this
subsection.
‘‘(b) GENERAL PENALTY.—Violation of subsection
(a) is punishable by a fine under title 18, imprisonment
for not more than 20 years, or both.
‘‘(c) ADDITIONAL PENALTY
FOR CERTAIN VES-
SELS.—If the violation of subsection (a) involved a vessel
that, at the time the violation occurred, carried high-level
radioactive waste (as that term is defined in section 2(12)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(12))) or spent nuclear fuel (as that term is defined
in section 2(23) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101(23))), then the penalty is a fine under
title 18 and imprisonment for a term of not less than 30
years or for life.
‘‘(d) THREATS.—It is unlawful willfully to impart or
convey any threat to do an act which would violate this
chapter, with an apparent determination and will to carry
the threat into execution. Violation of this subsection is
punishable by a fine under title 18, imprisonment for not
more than 5 years, or both. Any person convicted of vio-
lating this subsection is liable for all costs incurred as a
result of such threat.
‘‘§ 2703. Penalty when death results
‘‘Any person convicted of any crime prohibited by this
chapter that results in the death of another person shall
be subject also to the death penalty or to imprisonment
for life without parole.
‘‘§ 2704. Imparting or conveying false information
‘‘(a) IN GENERAL.—It is unlawful to impart or con-
vey or cause to be imparted or conveyed false information,
knowing the information to be false, concerning an at-
tempt or alleged attempt being made or to be made, to
do any act which would be a crime prohibited by this chap-
ter or chapter 2, 97, or 111 of title 18.
‘‘(b) PENALTIES.—
‘‘(1) CIVIL PENALTY.—Violation of subsection
(a) is punishable by a civil penalty of not more than
$5,000, which shall be recoverable in a civil action
brought in the name of the United States.
‘‘(2) MALICIOUS AND WILLFUL VIOLATIONS.—
If a person willfully and maliciously, or with reckless
disregard for the safety of human life, violates sub-
section (a), the violation is punishable by a fine
under title 18, imprisonment for not more than 5
years, or both.’’.
(b) CONFORMING AMENDMENT.—The table of chap-
ters for part A of subtitle II of title 46, United States
Code, as amended by section 109 of this Act, is further
amended by inserting the following after the item for
chapter 25:
‘‘27. Destruction of or Interference with Vessels or Mari-
time Facilities ......................................................... 2701’’.
SEC. 202. SANCTIONS FOR FAILURE TO HEAVE TO; SANC-
TIONS FOR OBSTRUCTION OF BOARDING AND
PROVIDING FALSE INFORMATION.
(a) IN GENERAL.—Chapter 109 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 2237. Sanctions for failure to heave to; sanctions
for obstruction of boarding and providing
false information
‘‘(a) IN GENERAL.—
‘‘(1) FAILURE TO HEAVE TO OR STOP.—It is
unlawful for the master, operator, or person in
charge of a vessel of the United States, or a vessel
subject to the jurisdiction of the United States, to
knowingly fail to obey an order to heave to that ves-
sel on being ordered to do so by an authorized Fed-
eral law enforcement officer.
‘‘(2) INTERFERENCE WITH ENFORCEMENT AC-
TIVITY.—It shall be unlawful for any person on
board a vessel of the United States or a vessel sub-
ject to the jurisdiction of the United States to—
‘‘(A) forcibly assault, resist, oppose, pre-
vent, impede, intimidate, or interfere with a
boarding or other law enforcement action au-
thorized by any Federal law, or to resist a law-
ful arrest; or
‘‘(B) provide information to a Federal law
enforcement officer during a boarding of a ves-
sel regarding the vessel’s destination, origin,
ownership, registration, nationality, cargo, or
crew, which that person knows is false.
‘‘(b) APPLICATION WITH OTHER AUTHORITIES.—
This section does not limit the authority of a customs offi-
cer under section 581 of the Tariff Act of 1930 or any
other provision of law enforced or administered by the
Customs Service, or the authority of any Federal law en-
forcement officer under any law of the United States to
order a vessel to stop or heave to.
‘‘(c) FOREIGN NATIONS.—A foreign nation may con-
sent or waive objection to the enforcement of United
States law by the United States under this section by
radio, telephone, or similar oral or electronic means. Con-
sent or waiver may be proven by certification of the Sec-
retary of State or the Secretary’s designee.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) VESSEL OF THE UNITED STATES; VESSEL
SUBJECT
TO
THE
JURISDICTION
OF
THE
UNITED
STATES.—The term ‘vessel of the United States’ and
‘vessel subject to the jurisdiction of the United
States’ have the meaning given those terms in sec-
tion 3(b) and (c), respectively, of the Maritime Drug
Law Enforcement Act (46 U.S.C. App. 1903(b) and
(c)).
‘‘(2) HEAVE TO.—The term ‘heave to’ means to
cause a vessel to slow, come to a stop, or adjust its
course or speed to account for the weather condi-
tions and sea state to facilitate a law enforcement
boarding.
‘‘(3) FEDERAL LAW ENFORCEMENT OFFICER.—
The term ‘Federal law enforcement officer’ has the
meaning set forth in section 115 of this title.
‘‘(e) PENALTY.—Any person who intentionally vio-
lates subsection (a) shall be subject to—
‘‘(1) imprisonment for not more than 1 year;
and
‘‘(2) a fine as provided in this title.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 109 of title 18, United States Code, is
amended by inserting after the item for section 2236 the
following:
‘‘2237. Sanctions for failure to heave to; sanctions for obstruction of boarding
or providing false information.’’.
SEC. 203. 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. 204. 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
(3) by adding at the end the following:
‘‘(3) dispatch properly trained and qualified
armed Coast Guard personnel aboard government,
private, and commercial structures and vessels to
deter, prevent, or respond to acts of terrorism or
otherwise provide for the safety and security of the
port, waterways, facilities, marine environment, and
personnel; and
‘‘(4) require the owner and operator of a com-
mercial structure or the owner, operator, charterer,
master, or person in charge of a vessel to provide
the appropriate level of security as necessary, includ-
ing armed security.’’.
(b) REPORT ON USE OF NON-COAST GUARD PER-
SONNEL.—The Secretary of the department in which the
Coast Guard is operating 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 or State maritime acad-
emies to provide training carrying out duties under
that section.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of the de-
partment in which the Coast Guard is operating
$13,000,000 in each of the fiscal years 2002–2006 to
carry out section 7(b) of the Ports and Waterways Safety
Act (33 U.S.C. 1226(b)), all such funds to remain avail-
able until expended.
SEC. 205. NATIONAL MARITIME TRANSPORTATION SECU-
RITY PLAN.
Section 7 of the Ports and Waterways Safety Act (33
U.S.C. 1226), as amended by section 106 of this Act, is
amended by adding at the end the following:
‘‘(i) NATIONAL MARITIME TRANSPORTATION SECU-
RITY PLAN.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with appropriate Federal agencies, shall prepare
and publish a National Maritime Transportation Se-
curity Plan for prevention and response to maritime
crime and terrorism. The Secretary shall consult
with the National Maritime Security Advisory Com-
mittee in preparation of the National Maritime
Transportation Security Plan.
‘‘(2) CONTENTS OF PLAN.—The Plan shall pro-
vide for efficient, coordinated, and effective action to
prevent and respond to acts of maritime crime or
terrorism, and shall include—
‘‘(A) allocation of duties and responsibil-
ities among Federal departments and agencies
in coordination with State and local agencies
and port authorities;
‘‘(B) establishment of procedures for effec-
tive liaison with State and local governments
and emergency responders including law en-
forcement and fire response;
‘‘(C) establishment of criteria and proce-
dures to ensure immediate and effective Federal
identification of, and response to, acts of mari-
time crime or terrorism, that result in a sub-
stantial threat to the welfare of the United
States;
‘‘(D) establishment of procedures for the
coordination of activities of—
‘‘(i) Coast Guard maritime safety and
security teams established under this sec-
tion;
‘‘(ii) local port security committees;
and
‘‘(iii) the National Maritime Security
Advisory Committee.
‘‘(3) REVISION
AUTHORITY.—The Secretary
may, from time to time, as the Secretary deems ad-
visable, revise or otherwise amend the National Mar-
itime Transportation Security Plan.
‘‘(4) PLAN TO BE FOLLOWED.—After publica-
tion of the Plan, the planning and response to acts
of maritime crime and terrorism shall, to the great-
est extent possible, be in accordance with the Plan.
‘‘(5) COPY TO CONGRESS.—The Secretary shall
furnish a copy of the Plan to the Committee on
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives.’’.
SEC. 206. VESSEL SECURITY PLANS.
(a) IN GENERAL.—Section 4(a) of the Ports and Wa-
terways Safety Act (33 U.S.C. 1223(a)) is amended—
(1) by striking ‘‘and’’ after the semicolon in
paragraph (4);
(2) by striking ‘‘environment.’’ in paragraph (5)
and inserting ‘‘environment; and’’; and
(3) by adding at the end the following:
‘‘(6) may issue regulations establishing require-
ments for vessel security plans and programs for
vessels calling on United States ports.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of the de-
partment in which the Coast Guard is operating
$2,000,000 for each of fiscal years 2002 through 2006
to carry out section 4(a)(6) of the Ports and Waterways
Safety Act (33 U.S.C. 1223(a)(6)), such sums to remain
available until expended.
SEC. 207. PROTECTION OF SECURITY-RELATED INFORMA-
TION.
Section 7(c) of the Ports and Waterways Safety Act
(33 U.S.C. 1226(c)) is amended to read as follows:
‘‘(c) NONDISCLOSURE OF INFORMATION.—Notwith-
standing any other provision of law, information developed
under this section, and vessel security plan information
developed under section 4(a)(6) of this Act (33 U.S.C.
1223(a)(6)), is not required to be disclosed to the public.
This includes information related to security plans, proce-
dures, or programs for passenger vessels or passenger ter-
minals authorized under this Act, and any other informa-
tion, including maritime facility security plans, vessel se-
curity plans and port vulnerability assessments.’’.
SEC. 208. ENHANCED CREWMEMBER IDENTIFICATION.
The Secretary of Transportation, in consultation with
the Attorney General, may require crewmembers aboard
vessels calling on United States ports to carry and present
upon demand such identification as the Secretary deter-
mines.
SEC. 209. PIRACY AND PRIVATEERING.
Part I of title 18, United States Code, is amended
by striking chapter 81 and inserting the following:
‘‘CHAPTER 81—PIRACY AND PRIVATEERING
‘‘Sec.
‘‘1651. Piracy.
‘‘1652. Crimes against United States persons or property on board a ship or
maritime structure.
‘‘1653. Crimes against persons on board a ship or maritime structure within the
territorial jurisdiction of the United States.
‘‘1654. Crimes by United States citizens or resident aliens.
‘‘1655. Privateering.
‘‘1656. Theft or conversion of vessel, maritime structure, cargo, or effects.
‘‘1657. Intentional wrecking or plunder of a vessel, maritime structure, cargo,
or effects.
‘‘1658. Knowing receipt of an illegally acquired vessel, maritime structure,
cargo, or effects.
‘‘1659. Attempts.
‘‘1660. Accessories.
‘‘1661. Inapplicability to United States Government activities.
‘‘§ 1651. Piracy
‘‘(a) IN GENERAL.—It is unlawful to commit piracy.
‘‘(b) PENALTY.—Any person who violates subsection
(a) and is afterwards brought into or found in the United
States, shall be imprisoned for life.
‘‘§ 1652. Crimes against United States persons or
property on board a ship or maritime
structure
‘‘(a) IN GENERAL.—It is unlawful to commit any act
of violence, detention, or depredation against the United
States, including any vessel of the United States, citizen
of the United States, any commercial structure owned in
whole or in part by a United States citizen or resident
alien, or any United States citizen or resident alien, or
his or her property, on board a ship or maritime structure.
‘‘(b) PENALTY.—Any person who violates subsection
(a) and is afterwards brought into or found in the United
States, shall be fined under this title, imprisoned not more
than 20 years, or both.
‘‘§ 1653. Crimes against persons on board a ship or
maritime structure within the territorial
jurisdiction of the United States
‘‘(a) IN GENERAL.—It is unlawful to commit any act
of violence, detention, or depredation against a person on
board a ship or maritime structure, or his or her property,
in waters subject to the jurisdiction of the United States
or the marine environment.
‘‘(b) PENALTY.—Violation of subsection (a) is pun-
ishable by a fine under this title, imprisonment for not
more than 20 years, or both.
‘‘§ 1654. Crimes by United States citizens or resident
aliens
‘‘(a) IN GENERAL.—It is unlawful for an individual
who is a United States citizen or resident alien, or pur-
porting to act under the authority of the United States,
to commit any act of violence, detention, or depredation
against a person on board a ship or maritime structure,
or his or her property.
‘‘(b) PENALTY.—Violation of subsection (a) is pun-
ishable by a fine under this title, imprisonment for not
more than 20 years, or both.
‘‘§ 1655. Privateering
‘‘(a) IN GENERAL.—It is unlawful for any person to
furnish, fit out, arm, or serve in a privateer or private
vessel used to commit any illegal act of violence, detention,
or depredation against a person, or his or her property,
or any vessel or maritime structure without the express
authority of the United States government, if—
‘‘(1) the perpetrator of the act is a United
States citizen or resident alien, or purports to act
under authority of the United States; or
‘‘(2) the individual against whom the act is
committed is a United States citizen or resident
alien or the property, vessel, or maritime structure
involved is owned, in whole or in part, by a United
States citizen or resident alien; or
‘‘(3) some element of the illegal act of violence,
detention, or depredation is committed in waters
subject to the jurisdiction of the United States.
‘‘(b) PENALTY.—Violation of subsection (a) is pun-
ishable by a fine under this title, imprisonment for not
more than 20 years, or both.
‘‘§ 1656. Theft or conversion of vessel, maritime struc-
ture, cargo, or effects
‘‘(a) IN GENERAL.—It is unlawful for an individual
who is a captain, officer, crewman, or passenger of a vessel
or maritime structure to assist in the theft or conversion
of that vessel or maritime structure, or its cargo, or effects
if—
‘‘(1) the perpetrator is a United States citizen
or resident alien, or purports to act under authority
of the United States;
‘‘(2) the vessel, maritime structure, cargo, or
effects is owned in whole or in part by a United
States citizen or resident alien; or
‘‘(3) some element of the theft or conversion is
committed in waters subject to the jurisdiction of
the United States.
‘‘(b) PENALTY.—Violation of subsection (a) is pun-
ishable by a fine under this title, imprisonment for not
more than 20 years, or both.
‘‘§ 1657. Intentional wrecking or plunder of a vessel,
maritime structure, cargo, or effects
‘‘(a) IN GENERAL.—Under the circumstances de-
scribed in subsection (b), it is unlawful intentionally—
‘‘(1) to cause the wrecking of a vessel or mari-
time structure by act or omission, either directly,
such as by intentional grounding, or indirectly by
modification or destruction of any navigational
marker or safety device;
‘‘(2) to plunder, steal, or destroy a vessel, mari-
time structure, cargo or effects when said vessel or
maritime structure is in distress, wrecked, lost,
stranded, or cast away; or
‘‘(3) to obstruct or interfere with the rescue of
a person on board a vessel or maritime structure in
distress, wrecked, lost, stranded, or cast away, or
the legal salvage of such a vessel, maritime struc-
ture, cargo, or effects.
‘‘(b) APPLICABLE CIRCUMSTANCES.—The prohibi-
tions described in subsection (a) apply whenever—
‘‘(1) the perpetrator is a United States citizen
or resident alien, or purports to act under authority
of the United States;
‘‘(2) the vessel, maritime structure, cargo, or
effects is owned in whole or in part by a United
States citizen or resident alien; or
‘‘(3) some element of the theft or conversion is
committed in waters subject to the jurisdiction of
the United States.
‘‘(c) PENALTY.—Violation of this section is punish-
able by a fine under this title, imprisonment for not more
than 20 years, or both.
‘‘§ 1658. Knowing receipt of an illegally acquired ves-
sel, maritime structure, cargo, or effects
‘‘(a) IN GENERAL.—It is unlawful for any person
knowingly to receive or acquire a vessel, maritime struc-
ture, cargo, or effects converted or obtained by any act
prohibited by any section of this chapter.
‘‘(b) PENALTY.—Violation of subsection (a) is pun-
ishable by a fine under this title, imprisonment for not
more than 20 years, or both.
‘‘§ 1659. Attempts
‘‘(a) IN GENERAL.—It is unlawful for any person to
attempt any act which, if committed, would constitute a
crime under any section of this chapter.
‘‘(b) PENALTY.—Violation of subsection (a) is pun-
ishable by a fine under this title, imprisonment for not
more than 20 years, or both.
‘‘§ 1660. Accessories
‘‘(a) IN GENERAL.—It is unlawful for any person
knowingly—
‘‘(1) to assist any person in the commission of
any act which constitutes a crime under any section
of this chapter; or
‘‘(2) to assist any person in avoiding the con-
sequences of an act which constitutes a crime under
any section of this chapter.
‘‘(b) PENALTY.—Violation of subsection (a) is pun-
ishable by a fine under this title, imprisonment for not
more than 20 years, or both.
‘‘§ 1661. Inapplicability to United States Government
activities
‘‘Nothing in this chapter applies to otherwise lawful
activities carried out by or at the direction of the United
States Government, nor to otherwise lawful activities un-
dertaken under a letter of marque and reprisal issued by
the United States.’’.
SEC. 210. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST
MARITIME NAVIGATION, PLACEMENT OF DE-
STRUCTIVE DEVICES, AND MALICIOUS DUMP-
ING.
(a) INTERFERENCE
WITH
NAVIGATIONAL
DE-
VICES.—Section 2280(a) of title 18, United States Code,
is amended—
(1) by redesignating subparagraphs (F), (G),
and (H) of paragraph (1) as subparagraphs (G),
(H), and (I), respectively;
(2) by inserting after subparagraph (E) in
paragraph (1) the following:
‘‘(F) destroys, damages, alters, moves or
tampers with any aid to maritime navigation,
maintained by the Saint Lawrence Seaway De-
velopment Corporation under section 4 of the
Act of May 13, 1954 (68 Stat. 94; 33 U.S.C.
984), or by the Coast Guard pursuant to sec-
tion 81 of title 14, United States Code, or law-
fully maintained under authority granted by the
Coast Guard pursuant to section 83 of that
title, if such act endangers or is likely to endan-
ger the safe navigation of a ship;’’;
(3) by striking ‘‘(G),’’ in subparagraph (I), as
redesignated, and inserting ‘‘(H),’’; and
(4) by striking ‘‘(C) or (E),’’ in paragraph (2)
and inserting ‘‘(C), (E), or (F),’’.
(b) DESTRUCTIVE DEVICES.—
(1) IN
GENERAL.—Chapter 111 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘§ 2282. Devices or substances in waters of the
United States likely to destroy or damage
ships
‘‘(a) IN GENERAL.—It is unlawful knowingly to place
or cause to be placed in waters subject to the jurisdiction
of the United States, by any means whatsoever, a device
or substance which is likely to destroy or cause damage
to a ship or its cargo, or cause interference with the safe
navigation of vessels, or interference with maritime com-
merce, such as by damaging or destroying marine termi-
nals, facilities, and any other maritime structure or entity
used in maritime commerce, with the intent of causing
such destruction or damage.
‘‘(b) PENALTY.—Violation of subsection (a) is pun-
ishable by a fine under this title, imprisonment for a term
of years or for life, or both. If the death of any person
results from the violation, the violation may be punished
by death.
‘‘(c) EXCEPTION.—Nothing in this section shall be
construed to apply to otherwise lawfully authorized and
conducted activities of the United States Government.’’.
(2) CONFORMING
AMENDMENT.—The chapter
analysis for chapter 111 of title 18, United States
Code, is amended by adding at the end the fol-
lowing:
‘‘2282. Devices or substances in waters of the United States likely to destroy
or damage ships.’’.
(c) SONAR SURVEY PROGRAM.—There is authorized
to be appropriated to the Secretary of the Navy
$40,000,000 for hydrographic survey programs carried
out by the Naval Oceanographic Office to enhance the se-
curity of United States waters.
Æ