2000
[DOCID: f:h3621ih.txt]
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 provisions 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 Representatives 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 positions.
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 boarding 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,
placement of destructive devices, and
malicious dumping.
TITLE I--PORT AND MARITIME SECURITY
SEC. 101. NATIONAL MARITIME SECURITY ADVISORY COMMITTEE.
(a) In General.--Section 7 of the Ports and Waterways 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 establish a National
Maritime Security Advisory Committee, comprised of not more
than 21 members appointed by the Secretary. The Secretary may
require that a prospective member undergo a background check or
obtain an appropriate security clearance before 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 Advisory Committee;
``(C) may establish subcommittees to facilitate
consideration of specific issues, including maritime
and port security, border protection, and maritime
domain awareness issues, the potential effects on
national energy security, the United States economy,
and the environment of disruptions of crude oil,
refined petroleum products, liquified natural gas, and
other energy sources; and
``(D) may invite the participation of other Federal
agencies and of State and local government agencies of
State, including law enforcement 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 accept contributions of funds,
material, services, and the use of personnel and facilities
from public or private 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 receipts in the
general fund of the Treasury.
``(4) Functions.--The Advisory Committee shall--
``(A) advise, consult with, and make
recommendations to the Secretary on ways to enhance 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 safety
operations and information between and among
Federal, State, and local governments and area
and local port security committees and harbor
safety committees;
``(iii) conditions for maritime security
and safety grants;
``(iv) development of a National Maritime
Transportation Security Plan;
``(v) development and implementation of
local maritime security plans;
``(vi) protection of port energy
transportation facilities; and
``(vii) helping to ensure that the public
and area and local port security committees 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
expended.
SEC. 102. INITIAL SECURITY EVALUATIONS AND PORT VULNERABILITY
ASSESSMENTS.
Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) is
further amended by adding at the end the following:
``(e) Initial Security Evaluations and Port Vulnerability
Assess
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ments.--
``(1) Development of standards.--The Secretary, in
consultation with appropriate public and private sector
officials and organizations, shall develop standards and
procedures for conducting initial security evaluations and port
vulnerability assessments.
``(2) Initial security evaluations.--The Secretary shall
conduct an initial security evaluation of all port authorities,
waterfront facilities, and public or commercial structures
located within or adjacent to the marine environment. The
Secretary shall consult the local port security committee while
developing the initial security evaluation, and may require
each port authority, waterfront facility operator, or operator
of a public or commercial structure located within or adjacent
to the marine environment to submit security information for
review by the local port security committee.
``(3) Port vulnerability assessments.--The Secretary shall
review initial security evaluations and conduct a port
vulnerability assessment for each port for which the Secretary
determines such an assessment is appropriate. If a port
vulnerability assessment has been conducted within 5 years by
or on behalf of a port authority or marine terminal operator,
and the Secretary determines that it was conducted in a manner
that is generally consistent with the standards and procedures
specified under this subsection, the Secretary may accept that
assessment rather than conducting another port vulnerability
assessment for that port.
``(4) Review and comment opportunity.--The Secretary shall
make each initial security evaluation and port vulnerability
assessment for a port available for review and comment by the
local port security committee, officials of the port authority,
marine terminal operator representatives, and representatives
of other entities connected to or affiliated with maritime
commerce or port security as the Secretary determines to be
appropriate, based on the recommendations of the local port
security committee.
``(5) Unauthorized disclosure.--The Secretary shall ensure
that all initial security evaluations, port vulnerability
assessments, and any associated materials are properly
safeguarded from unauthorized 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 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 appropriately. The Secretary shall
deposit any funds accepted under this paragraph as
miscellaneous receipts in the general 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
Safety 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 cooperation 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 training 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 results,
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 ability of a port
to--
(A) detect terrorist or criminal activity;
(B) after detection of such activity, adequately
respond to prevent successful completion of the
activity or to reduce the consequences 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 Secretary 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
available until expended.
SEC. 103. ESTABLISHMENT OF LOCAL PORT SECURITY COMMITTEES.
(a) In General.--Section 7 of the Ports and Waterways 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 establish local
port security committees.
``(2) Functions.--A local port security committee
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 section;
``(C) make recommendations concerning initial
security evaluations and port vulnerability assessments
by identifying the unique characteristics of each port;
``(D) assist in the review of port vulnerability
assessments promulgated under this section;
``(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 commercial
structure located within or adjacent to the marine
environment; and
``(G) assist the Captain-of-the-Port in conducting
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 operator of a public or
commercial structure located within or adjacent to the
marine environment.
``(3) Use of existing committees.--In establishing these
local port security committees, the Secretary may use or
augment any existing port or harbor safety committee or port
readiness commit
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tee, if the membership of the port security
committee includes representatives of--
``(A) the port authority or authorities;
``(B) Federal, State, and local government;
``(C) Federal, State, and local law enforcement
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 committee shall be
chaired by the Captain-of-the-Port.
``(5) Jurisdiction.--Each port may have a separate port
security committee or, at the discretion 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 security 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 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 appropriately. The Secretary shall
deposit any funds accepted under this paragraph as
miscellaneous receipts in the general 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 Safety 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 Waterways 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 requirement.--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
authority, waterfront facility operator, or operator of a
public or commercial structure located within or adjacent to
the marine environment (as defined in section 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 maritime facility security plan under those regulations.
``(2) Purpose; specificity; content.--
``(A) Purpose.--A maritime facility security plan
shall provide a law enforcement program and capability
at the port that is adequate 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 individual
ports, port authorities, marine terminal operators or
other entities required to submit a maritime facility
security plan under regulations promulgated under this
subsection.
``(3) Incorporation of existing security plans.--The
Secretary may approve a maritime facility security plan, or an
amendment to an existing program or plan, that incorporates--
``(A) a security program of a marine terminal
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 consultation
with the appropriate local port security 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 maritime 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 revised
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 terminal 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 Secretary shall
require each port authority, waterfront facility operator, or
operator of a public or commercial structure located within or
adjacent to the marine environment to implement any necessary
security measures until the maritime facility security plan for
that port authority, waterfront facility operator, or operator
of a public or commercial structure located within or adjacent
to the marine environment 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
remain available until expended.
SEC. 105. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS 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 information regulations.--
The Secretary, after consultation with the Secretary of the
Treasury and the Attorney General, shall prescribe regulations
to--
``(A) require, as necessary, the designation of
controlled access areas in the maritime facility
security plan for
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each waterfront facility and other
public or commercial structure located within or
adjacent to the marine environment; and
``(B) limit access to security-sensitive
information, such as passenger and cargo manifests.
``(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 persons
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-sensitive information
do not pose a threat to national security or to the
safety and security of maritime commerce.
``(3) Disqualification from new or continued employment.--
An individual may not be employed in a security-sensitive
position at any waterfront facility or other public or
commercial structure located within or adjacent to the marine
environment if--
``(A) the individual does not meet other criteria
established by the Secretary; or
``(B) a background investigation or criminal
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, distribution,
importation, or manufacture of an explosive or weapon.
``(I) Extortion.
``(J) Armed or felony unarmed robbery.
``(K) Importation, manufacture, or distribution 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 subparagraphs (A)
through (O).
``(5) Alternative arrangements.--Notwithstanding paragraph
(1), an individual may be employed in a security-sensitive
position although that individual would otherwise be
disqualified from such employment if the employer establishes
alternate security arrangements acceptable to the Secretary.
``(6) Access to databases.--Notwithstanding any other
provision of law to the contrary, but subject to existing or
new procedural safeguards imposed by the Attorney General, the
Secretary is authorized to access the Federal Bureau of
Investigation's Integrated Automatic Fingerprinting
Identification 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 purpose 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 Secretary may transmit the results
of a background 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 subsection.
``(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 offenses constituting
grounds for ineligibility for employment under
paragraph (3) shall be maintained 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 effectiveness of employment
investigations and criminal history record checks required by
this subsection.
``(9) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary 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 resources
necessary for multi-agency cooperative efforts to improve the
maritime security of the United States;
(2) specifically address measures necessary to ensure the
effective collection, dissemination, and interpretation of
maritime intelligence and data, information resource management
and database requirements, architectural measures for cross-
agency integration, data sharing, correlation and safeguarding
of data, and cooperative analysis to identify and effectively
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 agencies; and
(5) provide a suggested time frame for the development of
such a system or database.
(c) Participation of Other Agencies.--The Secretary shall consult
with the Director of Central Intelligence, the Secretary of State, the
Secretary of the Treasury, the Secretary of Defense, the Attorney
General, the Secretary of Agriculture, the Secretary of Commerce, the
Secretary of Energy, the Director of the Federal Emergency Management
Agency, and the heads of other departments and agencies as necessary
and invite their participation in the preparation of the study and
report required by subsection (a).
(d) Deadline.--The Secretary shall submit the report required by
subsection (a) within 180 days after the date of enactment of this Act.
(e) Authorization of Appropriations.--There
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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.
``Sec. 2501. Assessment
``(a) In General.--At intervals the Secretary of Transportation
considers necessary, the Secretary shall assess the effectiveness of
the security measures maintained 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 considers
appropriate.
``(b) Procedures and Standards.--As the Secretary determines
necessary for security purposes, the Secretary shall conduct an
assessment under subsection (a)--
``(1) in consultation with appropriate authorities of the
government of the foreign country concerned 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 internationally
recognized security measures; and
``(3) by using a standard based on the standards 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 commerce; and
``(2) the Secretary of the Treasury and coordinate any such
assessment with the United States Customs Service.
``Sec. 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 terminal operators in other countries.
``(b) Specific Notifications.--If the Secretary of Transportation,
after conducting an assessment under section 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 assessment.
``Sec. 2503. Actions when ports not maintaining and carrying out
effective security measures
``(a) In General.--If the Secretary of Transportation 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 General, develop
measures to protect the safety and security 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 regularly 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 consultation 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.
``Sec. 2504. Travel advisories concerning security at foreign ports
``(a) In General.--Upon being notified by the Secretary of
Transportation that the Secretary has determined 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 determined 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 advisory 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 Canceled.--The travel advisory
required to be issued under subsection (a) of this section may be
lifted only if the Secretary of Transportation, in consultation with
the Secretary 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 Secretary of State shall
immediately notify Congress of any change in the status of a travel
advisory imposed pursuant to this section.
``Sec. 2505. Suspensions
``(a) In General.--The President, without prior notice 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 vessel 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 vessel utilizes a prohibited port shall be a
separate violation of this section.
``Sec. 2506. Acceptance of contributions; joi
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nt 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
appropriately. The Secretary shall deposit any funds accepted under
this section as miscellaneous receipts in the general fund of the
United States Treasury.''.
(b) Conforming Amendment.--The table of chapters 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 Secretary of State, shall provide a report to the
Committees on Commerce, Science, and Transportation, Foreign Relations,
and Appropriations of the Senate and the Committees on Transportation
and Infrastructure, International Relations, and Appropriations of the
House of Representatives 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 vessels have
presented, false, intentionally incomplete, 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 classification
procedures have been found by the Secretary to be
noncompliant with international classifications or do
not exercise adequate control over safety and security
concerns; or
(D) whose laws or regulations are not sufficient to
allow tracking of ownership and registration 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
vessel 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 curriculum to allow for the training and
certification of maritime security professionals. In developing
these standards and curriculum, the Secretary shall consult
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 Secretary 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 Security Council, and any other Federal, State,
or local government or law enforcement agency or private
organization or individual determined by the Secretary to have
pertinent expertise.
(b) Minimum Standards.--The standards established 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, recommendations 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 international 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
standards.
(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 enforcement 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 crewmembers;
(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
Infrastructure and Appropriations of the House of Representatives 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 expended.
SEC. 109. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.
(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 INFRASTRUCTURE IMPROVEMENT
``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 eligible 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 Waterways 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
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are no matching
requirements for grants under subsection (a) for
projects costing not more than $100,000.
``(B) Higher level of support required.--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 submit an annual
summary of grants made under section 1401 of Merchant Marine Act, 1936
to the Committees on Commerce, Science, and Transportation and
Appropriations 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 related 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 Customs $20,000,000 for each of
fiscal years 2002 through 2006 for the purchase of non-intrusive
screening and detection equipment for use at United States ports, such
sums to remain available until expended.
(b) Funding for Fiscal Year 2002.--There is authorized 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 positions, and other necessary port security positions,
and for purchase and support of equipment (including camera systems 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-Tampering.--
(1) Pilot program.--The Secretary of Transportation, 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 destination.
(2) Protections and standards.--The Secretary of
Transportation, in cooperation with the United States Customs
Service and the Maritime Administration, shall develop and
implement improved 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 Administration and after
consultation with the Advisory Committee and the United States Coast
Guard, shall publish a revised version of the document entitled ``Port
Security: A National Planning Guide'', incorporating the requirements
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 Transportation, 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 INFORMATION 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 prescribe. The Secretary
may exclude any class of land, aircraft, or vessel for which he
concludes the requirements of this subparagraph are not necessary.
``(B) The Secretary by regulation shall require nonvessel operating
common carriers to meet the requirements 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 DESTINED 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 information the
Secretary determines to be necessary for the control of
the vessel and the safety and security of the port,
waterways, facilities, vessels, and marine environment;
and
``(C) the message to be transmitted in electronic
form (or otherwise as determined by the Secretary) 96
hours (or other period determined by the Secretary)
before the vessel's entry into port, and deny port
entry to any vessel 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
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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 authority to
require information under section 4(a)(5) before a vessel's arrival in
a port or place subject to the jurisdiction of the United States.''.
SEC. 115. MARITIME SAFETY AND SECURITY TEAMS.
(a) In General.--To enhance the domestic maritime security
capability of the United States, the Secretary 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 employed 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 assigned 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 Federal, State, and local law enforcement and
emergency response 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 following:
``In this Act:
``(1) United states.--The term `United States' includes'';
and
(2) by adding at the end the following:
``(2) Territorial Waters.--The term `territorial waters of the
United States' includes all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928 of December 27,
1988.''.
(b) Civil Penalty for Violation of Act of June 15, 1917.--Section 2
of title II of the Act of June 15, 1917 (50 U.S.C. 192), is amended--
(1) by striking ``imprisonment'' in the section heading and
inserting ``imprisonment; civil penalties'';
(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 obstructed 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 determining 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 culpability, 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 conditions, 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 Attorney 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 emergency, the President may defer the effectiveness 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, for a period not to exceed 6 months after the end of
the war or termination of the national emergency.''.
(b) Officers in Coast Guard Reserve.--Section 724 of title 14,
United States Code, is amended by adding at the end thereof the
following:
``(c) Deferral of Limitation.--If at the end of any fiscal year
there is in effect a declaration of war or national emergency, the
President may defer the effectiveness of any end-strength 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 ``Captain-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 Transportation.
(3) Advisory committee.--The term ``Advisory Committee''
means the National Maritime Security 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 MARITIME 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 following:
``CHAPTER 27--DESTRUCTION OF OR INTERFERENCE WITH VESSELS OR MARITIME
FACILITIES
``Sec.
``2701. Jurisdiction and scope.
``2702. Destruction of vessel or maritime facility.
``2703. Penalty when death results.
``2704. Imparting or conveying false information.
``Sec. 2701. Jurisdiction and scope
``(a) In General.--There is jurisdiction over an offense under this
chapter if--
``(1) the prohibited activity takes place within the United
States, in waters subject to the jurisdiction of the United
States, or in the marine environment; 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 Sta
2000
tes 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.
``Sec. 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 defined in section 13 of
that title, in, upon, or in proximity 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 operation 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, 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;
``(5) to perform an act of violence against or incapacitate
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 appliance, 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 navigation; or
``(8) to attempt or conspire to do anything prohibited
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 Vessels.--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 violating
this subsection is liable for all costs incurred as a result of such
threat.
``Sec. 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.
``Sec. 2704. Imparting or conveying false information
``(a) In General.--It is unlawful to impart or convey or cause to
be imparted or conveyed false information, knowing the information to
be false, concerning an attempt or alleged attempt being made or to be
made, to do any act which would be a crime prohibited by this chapter
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 subsection (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 chapters 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 2701''.
Maritime Facilities.
SEC. 202. SANCTIONS FOR FAILURE TO HEAVE TO; SANCTIONS 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 following:
``Sec. 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
vessel on being ordered to do so by an authorized Federal law
enforcement officer.
``(2) Interference with enforcement activity.--It shall be
unlawful for any person on board a vessel of the United States
or a vessel subject to the jurisdiction of the United States
to--
``(A) forcibly assault, resist, oppose, prevent,
impede, intimidate, or interfere with a boarding or
other law enforcement action authorized by any Federal
law, or to resist a lawful arrest; or
``(B) provide information to a Federal law
enforcement officer during a boarding of a vessel
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 officer 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 enforcement officer under any law of the United States to order a
vessel to stop or heave to.
``(c) Foreign Nations.--A foreign nation may consent 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. Consent or waiver may be proven by certification of the
Secretary of State or the Secretary's designee.
``(d) Definitions.--In this section:
``(1) Vessel of the united states; vessel subject to the
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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 section
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 conditions 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 violates 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 analysis 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 NATURAL GAS.
The following provisions of the Deepwater Port Act of 1974 (33
U.S.C. 1501 et seq.) are each amended by inserting ``or natural gas''
after ``oil'' each place it appears:
(1) Section 2(a) (33 U.S.C. 1501(a)).
(2) Section 3(9) (33 U.S.C. 1502(9)).
(3) Section 4(a) (33 U.S.C. 1503(a)).
(4) Section 5(c)(2)(G) and (H) (33 U.S.C. 1504(c)(2)(G) and
(H)).
(5) Section 5(i)(2)(B) (33 U.S.C. 1504(i)(2)(B)).
(6) Section 5(i)(3)(C) (33 U.S.C. 1504 (i)(3)(C)).
(7) Section 8 (33 U.S.C. 1507).
(8) Section 21(a) (33 U.S.C. 1520(a)).
SEC. 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 Waterways Safety Act
(33 U.S.C. 1226(b)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(1);
(2) by striking ``terrorism.'' in paragraph (2) and
inserting ``terrorism;'' and
(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 commercial
structure or the owner, operator, charterer, master, or person
in charge of a vessel to provide the appropriate level of
security as necessary, including armed security.''.
(b) Report on Use of Non-Coast Guard Personnel.--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 academies to provide training
carrying out duties under that section.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the department 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 available until expended.
SEC. 205. NATIONAL MARITIME TRANSPORTATION SECURITY 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 Security Plan.--
``(1) In general.--The Secretary, in consultation with
appropriate Federal agencies, shall prepare and publish a
National Maritime Transportation Security Plan for prevention
and response to maritime crime and terrorism. The Secretary
shall consult with the National Maritime Security Advisory
Committee in preparation of the National Maritime
Transportation Security Plan.
``(2) Contents of plan.--The Plan shall provide 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 responsibilities
among Federal departments and agencies in coordination
with State and local agencies and port authorities;
``(B) establishment of procedures for effective
liaison with State and local governments and emergency
responders including law enforcement and fire response;
``(C) establishment of criteria and procedures to
ensure immediate and effective Federal identification
of, and response to, acts of maritime crime or
terrorism, that result in a substantial 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 section;
``(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 advisable, revise or otherwise
amend the National Maritime Transportation Security Plan.
``(4) Plan to be followed.--After publication of the Plan,
the planning and response to acts of maritime crime and
terrorism shall, to the greatest 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 Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.''.
SEC. 206. VESSEL SECURITY PLANS.
(a) In General.--Section 4(a) of the Ports and Waterways 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 requirements 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 department 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 INFORMATION.
Section 7(c) of the Ports and Wa
2000
terways Safety Act (33 U.S.C.
1226(c)) is amended to read as follows:
``(c) Nondisclosure of Information.--Notwithstanding 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, procedures, or
programs for passenger vessels or passenger terminals authorized under
this Act, and any other information, including maritime facility
security plans, vessel security 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 determines.
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.
``Sec. 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.
``Sec. 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.
``Sec. 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 punishable by a fine
under this title, imprisonment for not more than 20 years, or both.
``Sec. 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 purporting 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 punishable by a fine
under this title, imprisonment for not more than 20 years, or both.
``Sec. 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 punishable by a fine
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1656. Theft or conversion of vessel, maritime structure, 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 punishable by a fine
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1657. Intentional wrecking or plunder of a vessel, maritime
structure, cargo, or effects
``(a) In General.--Under the circumstances described in subsection
(b), it is unlawful intentionally--
``(1) to cause the wrecking of a vessel or maritime
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, maritime
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 structure, cargo, or effects.
``(b) Applicable Circumstances.--The prohibitions 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 punishable by a fine
under this title, imprisonment for not more than 20 years, or both.
``Sec. 1658. Knowing receipt of an illegally acquired vessel, maritime
structure, cargo, or effects
``(a) In General.--It is unlawful for any person knowingly to
receive or acquire a vessel, maritime structure, cargo, or effects
converted or obtained by any act prohibited by any section of this
chapter.
``(b) Penalty.--Violation of subsection (a) is punishable by a fine
under this title, im
1140
prisonment for not more than 20 years, or both.
``Sec. 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 punishable by a fine
under this title, imprisonment for not more than 20 years, or both.
``Sec. 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 consequences of
an act which constitutes a crime under any section of this
chapter.
``(b) Penalty.--Violation of subsection (a) is punishable by a fine
under this title, imprisonment for not more than 20 years, or both.
``Sec. 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 undertaken under a letter of marque and
reprisal issued by the United States.''.
SEC. 210. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION,
PLACEMENT OF DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.
(a) Interference With Navigational Devices.--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 Development 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 section
81 of title 14, United States Code, or lawfully
maintained under authority granted by the Coast Guard
pursuant to section 83 of that title, if such act
endangers or is likely to endanger 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:
``Sec. 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 commerce,
such as by damaging or destroying marine terminals, 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 punishable 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 following:
``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
security of United States waters.
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