Maritime and Port Security: A Comparison of Major Provisions of S. 1214 and H.R. 3983

Order Code RL31424

Report for Congress

Received through the CRS Web

Maritime and Port Security:

A Comparison of Major Provisions

of S. 1214 and H.R. 3983

Updated November 12, 2002

John Frittelli

Transportation Analyst

Resources, Science, and Industry Division

Congressional Research Service ˜ The Library of Congress

Maritime and Port Security: A Comparison of Major

Provisions of S. 1214 and H.R. 3983

Summary

Congress is considering legislation to enhance security at U.S. seaports. The

September 11 terrorist attack has raised concerns that a sea container could be used

to transport a weapon of mass destruction. An interagency commission on crime and

security at U.S. ports found that with a few exceptions, the level of security at U.S.

ports was poor to fair. This report compares major provisions in S. 1214, which

passed the Senate with an amendment, and H.R. 3983, which passed the House as

amended. Five areas of the legislation are examined: federal funding, plans and

programs for coordinating security, efforts to enhance foreign seaport security, cargo

security provisions, and restrictions on access to certain areas within a port.

As of November 12, 2002 conferees were working to resolve differences

between the House and Senate versions of the legislation.

Although both bills cover many of the same issues, there are differences in

emphasis. These differences may be largely explained by the timing of the bills. S.

1214 was introduced before September 11, while H.R. 3983 was introduced six

months after that date. H.R. 3983 is most concerned with deterring and minimizing

damage from a possible terrorist act. S. 1214 is concerned with deterring terrorism,

but also with reducing drug smuggling, cargo theft, trade fraud, and illegal alien

smuggling. S. 1214 was introduced before the establishment of the Transportation

Security Administration (TSA) in November, 2001 and thus contains no reference

to it. H.R. 3983 is post-TSA and calls upon the agency, among other things, to

develop an antiterrorism cargo identification and screening system. A side-by-side

comparison of selected provisions of S. 1214 and H.R. 3983 is provided in Table 1.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Levels of Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Plans and Programs for

Coordinating Seaport Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Provisions to Increase Foreign Seaport Security . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Cargo Security Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Limiting Access to Areas within a Port . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Role of the Coast Guard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

List of Tables

Table 1. Side-by-Side Comparison of Selected Provisions in S. 1214 and

H.R. 3983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Maritime and Port Security: A Comparison

of Major Provisions of S. 1214 and H.R.

3983

Introduction

The 107th Congress is considering legislation to enhance security at U.S.

seaports. The issue is how to tighten control over maritime commerce in a practical

manner that does not impede its flow. This report provides a comparison between

major provisions in S.1214 - “The Port and Maritime Security Act,” and H.R. 3983 “The Maritime Transportation Antiterrorism Act.” Senator Hollings introduced S.

1214 on July 20, 2001 and it passed the Senate with an amendment on December 20,

2001. Representative Don Young introduced H.R. 3983 on March 18, 2002 and it

passed the House as amended on June 4, 2002. Both houses have named members

for a conference committee on the bill.

As of November 12, 2002 conferees were working to resolve differences

between the House and Senate versions of the legislation.

This comparison will focus on five areas of the legislation: federal funding

provisions, plans and programs for coordinating seaport security, international

maritime security provisions, cargo security provisions, and limitations on access to

sensitive areas within a port. A side-by-side comparison of selected provisions of S.

1214 and H.R. 3983 is provided in Table 1.

Although both bills cover many of the same issues, there are differences in

emphasis. These differences may be largely explained by the timing of the bills. S.

1214 was introduced before September 11, while H.R. 3983 was introduced six

months after that date. As the title of H.R. 3983 implies, it is most concerned with

deterring and minimizing damage from a possible terrorist act. S. 1214 is concerned

with deterring terrorism, but also with reducing drug smuggling, cargo theft, trade

fraud, and illegal alien smuggling. S. 1214 was introduced to address security issues

raised by the Interagency Commission on Crime and Security in U.S. ports (the

Seaport Commission). The Seaport Commission was comprised of representatives

from 17 federal agencies and co-chaired by the Maritime Administration (MARAD),

Customs Service, and the Justice Department. It reported its findings in the fall of

2000 and found security at U.S. seaports to be generally poor to fair with some

exceptions.1

1

The report is available at http://uscg.mil/overview/icssrpt.pdf.

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S. 1214 was introduced before the establishment of the Transportation Security

Administration (TSA) in November, 2001 and thus contains no reference to it. H.R.

3983 is post-TSA and calls upon the agency to collect passenger and crew manifest

data and to develop and maintain an antiterrorism identification, tracking, and

screening system for sea containers.

Levels of Funding

The funding provisions in S. 1214 are directed more toward specific areas than

those in H.R. 3983. The Seaport Commission estimated (before September 11) that

enhancing security at U.S. ports would cost between $10 to $50 million per port.

S. 1214 would add a new Title XIV to the Merchant Marine Act of 1936 to

authorize and provide loan guarantees and grants for port security infrastructure

improvements. The loan guarantee regulations would be similar to those that exist

under the existing Title XI loan guarantee program for shipbuilding and shipyards.

Security infrastructure improvements could include gates, fences, and lighting,

surveillance, and video systems. The bill makes available to the Department of

Transportation (DOT), subject to appropriation, $9 million annually for FY20032006 for loan guarantee costs and authorizes an additional $26 million annually for

the same years. According to a Senate Commerce Committee summary of the

legislation, using regular federal credit risk premium calculations, this level of

funding could provide up to $700 million annually in loans. For FY2003-2006, the

bill provides $10 million in annual grants for seaport security enhancements and

authorizes an additional $70 million per year in grants.

The bill provides funding to assist the Customs Service. For the purchase of

non-intrusive screening and detection equipment for ocean containers, the bill

provides from $15 million to $19 million be made available from tonnage tax

receipts for each fiscal year 2003-2006. The bill authorizes an additional $20 million

each year for this same purpose. For FY2002 only, the bill authorizes $145 million

to the Customs Service for 1,200 new customs inspectors, 300 new customs agents,

and for purchase of support equipment. The bill provides $1 million each year from

FY2003- 2006 to establish shared dockside inspection facilities at seaports. These

facilities would be shared by the Customs Service, the Department of Agriculture,

and the Coast Guard for inspecting cargo containers.

Additional funding is provided for establishing local port security committees,

training maritime security professionals, conducting port vulnerability assessments,

developing technology for detecting criminal activity, and other items.

S. 1214 would extend, through fiscal year 2006, the increase in vessel tonnage

duties that was enacted in 1990 by P.L. 101-508. These tonnage duties would be

used to partly offset the spending provisions of the bill.

H.R. 3983 does not provide loan guarantees for infrastructure improvements.

It does provide $83 million in grants to seaports for each of fiscal years 2003 through

2005. Like the grants provided in S. 1214, the federal grant would not exceed 75%

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of the total cost of a project unless the DOT determines that this requirement should

be waved for a particular project. For projects costing less than $25,000, there are

no matching requirements in either bill. Both bills require grant applicants to provide

the same information to the DOT for evaluating grant proposals. H.R. 3983 includes

authorization of appropriations for the Coast Guard. See CRS Report RS20924,

Homeland Security: Coast Guard Legislation in the 107th Congress, for further

information.

Plans and Programs for

Coordinating Seaport Security

Jurisdiction over U.S. ports is shared by federal, state, and local governments.

The federal agencies with the greatest presence at U.S. ports are the Coast Guard,

Customs Service, Immigration and Naturalization Service, and the Department of

Agriculture. These agencies are included in the President’s proposal for a new

Department of Homeland Security. A major point of discussion in enhancing seaport

security is coordinating the activities of all levels of government, as well as the

private sector, to prevent conflict and overlap of responsibilities while improving

information sharing among agencies. Both bills call for security plans to be

developed at the national, local, and port facility level. Both bills also require

vulnerability assessments be conducted at the port level.

S. 1214 requires the Secretary of Transportation to establish a “National

Maritime Security Advisory Committee.” This committee would have up to 21

members appointed by the Secretary and made up of individuals from other

departments and agencies in the federal, state, or local government, including law

enforcement. The committee would be charged with coordinating seaport security

enhancement among local port authorities, keeping them informed of developments

in security issues, and providing guidance for awarding loans and grants for security

improvements. The committee would disband on September 30, 2005.

At the local level, S. 1214 calls for the establishment of “Local Port Security

Committees” which would comprise federal, state, and local government officials,

law enforcement personnel from all levels of government, port authority personnel,

representatives from port labor organizations, and representatives from the private

sector. The Coast Guard’s existing “Captain-of-the-Port” would be charged with

establishing these committees at his/her port of jurisdiction.

The Secretary of Transportation would be required to develop standards and

procedures for conducting port vulnerability assessments at each port that the

Secretary deems appropriate. The Secretary could accept security evaluations already

completed during the previous five years. The Local Port Security Committee would

review and comment on the port vulnerability assessment.

The Local Port Security Committee would also be consulted in the development

of Maritime Facility Security Plans. These plans would be submitted by each port

authority or waterfront facility operator to the Secretary for approval. The plan

would indicate how the overall physical security of the port would be maintained,

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how access would be controlled to the port and its facilities, the procedures for

processing cargo, passengers, and crew, and create evacuation plans in case of an

emergency.

S. 1214 also calls for the creation of a National Maritime Transportation

Security Plan, Area Maritime Security Plans, and Vessel Security Plans. The plans

would prescribe procedures for preventing and responding to maritime crimes and

terrorism. These plans are very similar to the plans in H.R. 3983 which are described

below.

H.R. 3983 calls for a “National Maritime Transportation Antiterrorism Plan”

that is intended to deter and minimize damage from a terrorist act. The plan would

assign duties and responsibilities among federal, state, and local government agencies

and establish a system of surveillance to safeguard against and provide the earliest

possible notice of a terrorist act.

At the local level, H.R. 3983 calls for “Area Maritime Transportation

Antiterrorism Plans” that are intended to deter terrorist acts within the area covered

by the plan. The plan would describe the area covered, including populated areas,

or areas with special economic, environmental, or national security importance.

These plans would be developed by a Coast Guard official designated as the “Federal

Maritime Antiterrorism Coordinator” and reviewed and approved by the DOT. H.R.

3983 calls for vulnerability assessments to be conducted at each port the DOT

believes have a high risk of a “catastrophic emergency.”

H.R. 3983 also calls for “Vessel and Facility Antiterrorism Plans.” These plans

would be prepared by ocean carriers and port facility operators. The plans would

describe the training, drills, and antiterrorism actions of vessel or facility personnel

to deter terrorism. The plans would identify the individual responsible for

implementing antiterrorism actions and the individual who would serve as the point

of contact with federal officials.

Provisions to Increase Foreign Seaport Security

Some maritime security experts have advocated a greater focus on country of

origin security rather than limiting security concerns just to U.S. ports of unloading.

They view maritime commerce as a global transportation system which can best be

secured by preventing a suspicious container from entering the system at the point

of origin. They assert that it is too late to discover a dirty nuclear bomb in a sea

container when it reaches a U.S. port of unloading. Pushing the borders back is a

challenge because most countries, including the United States, have fewer systems

in place to examine export cargo than import cargo. Both bills include provisions

that would identify foreign ports with U.S. trade ties that have inadequate security

and provisions to enhance the scrutiny of ships and cargo arriving from those ports.

S. 1214 calls upon the Secretary of Transportation, after consultation with the

Secretary of the Treasury, to prohibit or prescribe conditions for vessels arriving from

a foreign port it has identified as not secure. In addition, the President can deny entry

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to vessels arriving from certain foreign ports and suspend trade with certain foreign

ports if the President determines that the ports threaten the safety and security of

passengers and cargo traveling to or from those ports. The bill also instructs the

Secretary of Transportation to report annually to Congress all foreign flag vessels that

have arrived in the United States whose vessel registration may be suspect.

H.R. 3983, like the Senate bill, also calls upon the DOT to identify foreign ports

that pose a security risk to the United States. Specifically, it charges the DOT to

identify foreign ports that pose a high risk of introducing terrorism to maritime

commerce based on the foreign port’s cargo screening capability, the foreign port’s

restrictions on access to certain areas, and the port’s certification of compliance with

security standards. If the DOT finds a foreign port’s security measures are

inadequate, it will inform the foreign government and recommend steps to improve

security. If the foreign port fails to take corrective action within 90 days, the DOT

can prescribe conditions for ships and cargo entering the United States from those

ports. The bill does not specify what these conditions could include. The DOT can

deny entry if its conditions are not met.

Cargo Security Provisions

Provisions to improve the timeliness and accuracy of cargo information

submitted by shippers and to improve the physical security of containers themselves

are included in both bills. Sea containers have been a primary focus of discussions

on port security. About seven million containers arrive at U.S. ports per year. The

Customs Service reviews manifest information for anomalies and targets specific

containers for physical inspection. It physically inspects about 2% of imported

containers. The DOT is also concerned with the security of sea containers. The DOT

created a task force to examine marine container security issues in October 2001. In

February 2002, the task force submitted a classified report that, according to a DOT

press release, made recommendations for improving the quality and timeliness of

cargo information that is transmitted to federal agencies and to improve the physical

security of the container itself. The DOT inspector general’s office announced in

February 2002 that it was conducting an audit of the Coast Guard’s hazardous

materials container inspection program.2

S. 1214 would amend the Tariff Act of 1930 to require a carrier to provide cargo

manifest information by electronic transmission in advance of port entry or clearance

and in such manner, time, and form as the Secretary of the Treasury prescribes. The

bill also requires the Customs Service to be notified of any improperly documented

cargo remaining in a port for more than 48 hours. Customs is authorized to seize and

search such cargo. The bill would require a pre-arrival electronic transmission of the

consignor, consignee, country of origin, and classification code of goods for cargo

moving under the “in-bond” system. The Secretaries of Transportation and Treasury

would be required to establish a task force to develop a system for tracking

containers, possibly through the use of Global Positioning System (GPS) technology,

and develop standards for container seals and locks to prevent cargo tampering.

2

More information available at [http://www.oig.dot.gov/item_details.php?item=683].

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Vessels entering U.S. waters would be required to submit pre-arrival messages to the

Coast Guard in sufficient time for the Coast Guard to review the information for

security and safety reasons.

H.R. 3983 contains provisions specifically directed towards sea containers. The

bill requires the Transportation Security Administration to develop an antiterrorism

cargo identification and screening system for containerized cargo. TSA must also

develop standards to improve the physical security of the containers themselves,

including standards for seals and locks. The bill requires ocean carriers to provide

TSA with crew and passenger manifests in advance of a vessel’s arrival in the United

States. Cargo information must be submitted to the Customs Service in advance of

port entry. The Customs Service would consult with other federal agencies in issuing

regulations on submitting cargo information and would share cargo information with

appropriate federal departments.

Limiting Access to Areas within a Port

S. 1214 and H.R. 3983 include provisions limiting access to areas within a port.

H.R. 3983 specifically mentions development of security cards. The TSA is currently

developing a standardized credentialing system for transportation workers in all

modes. The cards would use smart card or biometric technologies to securely link

the individual to the card.3

S. 1214 requires that the Maritime Facility Security Plan include designation of

controlled access areas within a port and limited access to security-sensitive

information, such as passenger and cargo manifests. The Secretary of Transportation

may prescribe regulations that require physical searches of persons entering certain

port areas, security escorts, and background checks for persons granted unrestricted

access. Persons granted unrestricted access must not have a felony conviction within

the previous seven years or release from prison within the last five years. The

Secretary can approve alternative security arrangements for an individual who

otherwise would be disqualified from a security-sensitive position. An appeals

process will be available for individuals found to be ineligible for employment.

H.R. 3983 calls for the DOT to issue “Transportation Security Cards” which

will be used in identifying personnel with access to sensitive areas within the port.

The DOT can deny cards to individuals it believes pose a terrorism security risk.

Denial can be based on the fact that the individual has been convicted of a felony as

defined by the Secretary or if the individual would be denied admission to the United

States or removed from the United States under the Immigration and Nationality Act.

The Secretary can give consideration to any circumstances surrounding a

disqualifying act or restitution made by the individual and may consider other factors

from which it may be concluded that the individual does not pose a terrorism security

risk. An appeals process will be available for individuals found to be ineligible for

a security card.

3

More information is available at [http://www.tsa.dot.gov/].

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Role of the Coast Guard

S. 1214 and H.R. 3983 contain provisions involving the Coast Guard that are

nearly identical. In both bills, the Coast Guard is authorized to board vessels with

“sea marshals” to deter or respond to acts of terrorism. Both bills also would extend

the seaward jurisdiction of the Coast Guard from three miles from shore to 12 miles.

For further information on the role of the Coast Guard in homeland security, see CRS

Report RS21125, Homeland Security: Coast Guard Operations- Background and

Issues for Congress.

Table 1 provides a side-by-side comparison of selected provisions of S. 1214

and H.R. 3983.

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Table 1. Side-by-Side Comparison of Selected Provisions in S. 1214 and H.R. 3983

Topic

S. 1214, Port and Maritime Security Act

H.R. 3983, Maritime Transportation Antiterrorism Act

National Maritime

Security Advisory

Committee

Requires the Secretary of Transportation to establish a National Maritime

Security Advisory Committee comprised of not more than 21 members

appointed by the Secretary. The Committee will establish a law

enforcement subcommittee that may include members from the Customs

Service and the INS. The Committee may establish other subcommittees

and may invite the participation of other federal, state, and local

government agencies with expertise in anti-terrorism, port security, and

safety issues. The functions of the Committee include advising and

making recommendations to the Secretary on long term solutions for

maritime security; coordinating operations and information among

federal, state, local governments, and area and local port security

committees; setting conditions for loan guarantees and grants; developing

a National Maritime Transportation Security Plan; protecting port energy

transportation facilities; and keeping concerned parties informed about

maritime security enhancements. The Committee shall terminate on Sept.

30, 2005.

(Sec. 102)

No provision.

Port Vulnerability

Assessments

Requires the Secretary of Transportation to develop standards and

procedures for conducting initial security evaluations and port

vulnerability assessments. The Secretary, in consultation with local port

security committees, shall conduct an initial security evaluation of all port

authorities and waterfront facilities. For each port the Secretary

determines appropriate, the Secretary shall also conduct a port

vulnerability assessment or accept a previously completed assessment. A

review and comment period by the local port security committee will be

available for initial security evaluations and port vulnerability

assessments.

(Sec. 103)

Requires the Secretary of Transportation to conduct a port

vulnerability assessment for each port, including each facility in a

port, for which the Secretary believes there is a high risk of

catastrophic emergency. A catastrophic emergency is any event

caused by a terrorist act in the United States or on a vessel sailing to or

from the United States that may cause a substantial loss of life or

major economic disruption. The Secretary can accept previously

completed assessments. The Secretary shall provide a copy of the

assessment to each owner or operator of a port facility.

(Sec. 70102)

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Topic

S. 1214, Port and Maritime Security Act

H.R. 3983, Maritime Transportation Antiterrorism Act

Local Port Security

Committees

The Secretary of Transportation shall establish a local port security

committee at each port that will meet at least 4 times per year and whose

functions include: identifying the unique characteristics of each port for

initial security evaluations and vulnerability assessments; annually

reviewing local port maritime security plans; and assisting the Coast

Guard Captain-of-the-Port in conducting field security exercises at least

once every 3 years. Members of the local port security committee may

be drawn from an existing local port committee but should include

representatives of the port authority; federal, state, and local government;

law enforcement agencies; long shore labor unions; and private

companies operating at the port such as vessel owners, truckers, shippers,

and terminal operators. The Captain-of-the-Port will be chair of each

local port security committee.

(Sec. 104)

No provision.

Limiting Access to Areas

in a Port

The Secretary of Transportation, after consultation with the Secretary of

the Treasury and Attorney General, shall prescribe regulations to

designate controlled access areas within a port and limit access to security

sensitive information such as cargo and passenger manifests. The

Secretary of Transportation can require physical screening of persons

entering/exiting secure areas or require escorts for persons without

credentials. The Secretary can require background checks, including

criminal history, to ensure that persons with unrestricted access do not

pose a threat. If a person has a conviction within the previous 7 years or

was released from prison within the previous 5 years for an offense listed

in this section, the person can be disqualified from working in a security

sensitive position at a port. The Secretary can accept alternative

arrangements from an employer for an individual that otherwise would be

disqualified from employment. An appeals process will be established

for individuals found to be ineligible and a user fee system created to pay

expenses for background checks.

(Sec. 106)

Individuals are restricted from designated secure areas of a vessel or

facility unless they hold a transportation security card and are

authorized to be in that area or are accompanied by someone who

does hold a card. The Secretary of Transportation shall issue a

transportation security card to an individual unless the individual has

been convicted of a felony the Secretary believes could be a terrorism

security risk; could be denied admission to the United States under the

Immigration and Nationality Act (8 U.S.C. 1101); or otherwise poses

a terrorism security risk. The Secretary can give consideration to the

circumstances of a disqualifying act, restitution made by the

individual, mitigation remedies, and other factors. At the request of

the Secretary, the Attorney General shall conduct a background

records check of an individual requesting a security card and report

the results to the Secretary. An appeals process will be established for

individuals found ineligible for a card.

(Sec. 70105)

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Topic

S. 1214, Port and Maritime Security Act

H.R. 3983, Maritime Transportation Antiterrorism Act

Maritime Domain

Awareness

The Secretary of Transportation shall submit a report to Congress within

180 days of enactment of the Act that identifies ways in which multiagency cooperative efforts can improve U.S. maritime security; methods

in which maritime intelligence data can be collected, shared among

agencies, and safeguarded; the cost of such a database; the time frame for

its development; and other maritime intelligence matters.

(Sec. 107)

No provision.

Foreign Port Assessments

Requires the Secretary of Transportation to assess the security measures

maintained at foreign ports that are engaged in commerce with the United

States. The assessment shall be conducted in consultation with

appropriate foreign authorities, U.S. vessel operators serving that port,

and the U.S. Secretary of State and Secretary of the Treasury; and by

using International Maritime Organization standards or other

internationally recognized security standards.

(Sec. 108)

Similar but not identical to Senate bill. The House bill lists criteria a

foreign port’s security assessment should be based on, such as the

effectiveness of cargo screening, restrictions on access to certain

areas, security on board the vessels, certification with appropriate

security standards, and other measures.

(Sec. 70108)

Notifying Foreign

Authorities

Requires the Secretary of Transportation, working with the Secretary of

State, to notify foreign authorities if it finds their port(s) do not maintain

effective security measures and to recommend steps that will bring it up

to standard.

(Sec. 108)

Similar to Senate bill but requires the Secretary of Transportation

(without mentioning the Secretary of State) to notify foreign

authorities if it finds their port(s) do not maintain effective security

measures and to recommend steps that will bring it up to standard.

(Sec. 70109)

Actions To Be Taken

When Foreign Ports Are

Not Maintaining

Effective Security

If a foreign port is not maintaining effective security measures, the

Secretary of Transportation, after consultation with the Secretaries of

State and Treasury, can prescribe conditions (such as refusing entry or

inspection) for any vessels or cargo arriving from such port or prohibit

vessels from providing transportation from such port to the United States.

The President can suspend the right of any U.S. vessel, or any person, to

trade with the U.S., or to provide sea transportation if the President finds

a condition exists that threatens the safety and security of passengers,

vessels, and crew traveling to/from that port, or that public interest

requires an immediate suspension of trade with that port.

(Sec. 108)

If the Secretary of Transportation finds that a foreign port does not

maintain effective antiterrorism measures, the Secretary may prescribe

conditions for vessels and cargo arriving from that port and deny entry

if the conditions are not met.

(Sec. 70110)

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Topic

S. 1214, Port and Maritime Security Act

H.R. 3983, Maritime Transportation Antiterrorism Act

Travel Advisories

The Secretary of Transportation shall issue a travel advisory (and publish

it widely) regarding a port the Secretary has determined does not

maintain effective security measures.

(Sec. 108)

No provision.

Report on Foreign Flag

Vessels

Requires the Secretary of Transportation, in consultation with the

Secretary of State, to report annually to Congress a list identifying all

nations whose flag vessels have entered U.S. ports, and specifically those

nations that have vessels appearing on the Coast Guard’s boarding

priority list, have presented false data on manifests and vessel

registrations, or have vessel registration regulations making ownership

non-transparent.

(Sec. 108)

No provision.

Maritime Security Teams

Requires the Secretary of Transportation to establish maritime safety and

security teams to enhance the domestic maritime security capability of the

United States. Their mission is to respond rapidly, deter, and protect

against threats. These teams are to coordinate their activities with other

law enforcement or emergency response agencies.

(Sec. 117)

Similar to Senate bill. However teams are referred to as maritime

antiterrorism teams.

(Sec. 70106)

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Topic

S. 1214, Port and Maritime Security Act

H.R. 3983, Maritime Transportation Antiterrorism Act

National Maritime

Transportation Security

Plans

The Secretary of Transportation shall prepare a national maritime

transportation security plan that shall provide for efficient, coordinated,

and effective action to prevent and respond to acts of maritime crime or

terrorism. Among other items, the plan shall include allocation of duties

and responsibilities among government agencies and port authorities.

(Sec. 203)

Similar to Senate bill. However the plan is referred to as a national

maritime transportation antiterrorism plan. Also calls for a system of

surveillance and notice to be established to safeguard against and

provide the earliest possible notice of a catastrophic emergency and

imminent threats.

(Sec. 70103)

Area Maritime

Transportation Security

Plans

The Secretary of Transportation shall appoint members to an area

maritime security committee (this committee can be the same as the local

port security committee described above). The committee shall prepare

an area maritime security plan for its area that will include, among other

items, a description of the port area covered by the plan, including areas

of population, or areas of special economic, environmental or national

security importance. When implemented, the plan shall be adequate to

prevent or rapidly respond to an act of crime or terrorism.

(Sec. 204)

Similar to Senate bill. However the plans are referred to as area

maritime transportation antiterrorism plans.

(Sec. 70103)

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Topic

S. 1214, Port and Maritime Security Act

H.R. 3983, Maritime Transportation Antiterrorism Act

Maritime Facility and

Vessel Security Plans

Requires the Secretary of Transportation, in consultation with the

Secretary of the Treasury and the Attorney General, to establish

requirements for each port to submit a maritime facility security plan.

The plan shall include: provisions for establishing and maintaining

physical security for port areas; procedural security for processing of

passengers, cargo, and crew; a credentialing requirement to limit access

to certain areas in a port and to security sensitive information; restrictions

on vehicular access and firearms or weapons; evacuation procedures in

case of an attack; and other information. These plans will be reviewed

and resubmitted at least every 5 years. Interim security measures are

required until the maritime facility security plan is approved.

(Sec. 105)

Requires the owners or operators of a vessel or facility to submit to the

Secretary of Transportation an antiterrorism plan. Among other

things, the plan shall identify the person having full authority to

implement antiterrorism actions and the person that serves as point of

contact with federal officials. The plan shall describe the training,

periodic drills, and antiterrorism actions to be carried out to deter a

catastrophic emergency.

(Sec. 70103)

Other Antiterrorism Plans

The Secretary, in coordination with the Director of the FBI, shall ensure

that all area maritime counter-terrorism and incident contingency plans

are reviewed every 3 years. Simulation exercises shall be conducted

annually and practice drills conducted at least every 3 years.

(Sec. 109)

The Secretary of Transportation shall cooperate with the Director of

the Federal Emergency Management Agency (FEMA) to ensure that

federal, state, and local terrorism response resources are coordinated

with the Director’s terrorism response plan for U.S. ports and

waterways.

(Sec. 70104)

CRS-14

Topic

Submitting Cargo

Information to Federal

Agencies

S. 1214, Port and Maritime Security Act

H.R. 3983, Maritime Transportation Antiterrorism Act

Requires that every land, air, or vessel carrier that is required to make

entry or obtain U.S. customs clearance to provide by electronic

transmission cargo manifest information in advance of entry and in such

manner, time, and form as the Secretary of the Treasury shall prescribe.

The Act lists various cargo data elements that shall be included.

Requires that every land, air, or vessel carrier that is required to make

entry or obtain U.S. customs clearance to provide by electronic

transmission cargo manifest information in advance of entry and in

such manner, time, and form as the Secretary of the Treasury shall

prescribe. In issuing such regulations, the Secretary of the Treasury

shall consult with other federal agencies, such as the Department of

Transportation, Department of Justice, and Department of Defense.

The Secretary of the Treasury shall also share cargo information with

other federal agencies.

(Sec. 108)

Requires the U.S. Customs Service to improve reporting procedures for

“in-bond” movement of goods. Customs may require that shipment

information such as the consignor, consignee, country of origin, and the

Harmonized Tariff Schedule of the 6-digit classification code be

electronically submitted prior to the arrival of the cargo at the initial port

of unlading. This information shall be to the best of the filer’s knowledge

and shall not be considered the “entry” for the goods.

Requires shippers exporting cargo from a U.S. port to submit a complete

set of shipping documents to the carrier or its agent no later than 24 hours

after the cargo is delivered to the port. Shipping documents may include

a shipper’s export declaration, bill of lading, shipping instructions, or

other documents the Secretary of the Treasury prescribes. Any cargo left

at a marine terminal for more than 48 hours without proper

documentation is subject to search, seizure, and forfeiture.

(Sec. 115)

Submitting Crew and

Passenger Information

Requires the owner or operator of any air, land, or vessel carrier destined

for a U.S. port to electronically transmit prior to entry or clearance as

required by U.S. customs laws the full name, date of birth, citizenship,

gender, passport number, visa number, and other information for every

person arriving or departing the United States.

(Sec. 115)

The Secretary of Transportation, in consultation with the Attorney

General, may require the crew of vessels calling at U.S. ports to carry and

present such identification as the Secretary prescribes.

(Sec. 208)

Requires the operator of each commercial vessel destined for the

United States to electronically submit to the TSA prior to the vessel’s

arrival a passenger and crew manifest. The manifest shall contain

similar information as in the Senate bill.

(Sec. 70111)

CRS-15

Topic

Container Identification

and Container Physical

Security

S. 1214, Port and Maritime Security Act

Requires the Secretaries of Transportation and Treasury to establish a

task force with shippers and ocean carriers to develop standards for

tracking containers, by using GPS or other systems, and especially for

containerized cargo moving “in-bond.”

Requires the development of standards for anti-tampering devices for

containers, such as seals and locks.

(Sec. 207)

H.R. 3983, Maritime Transportation Antiterrorism Act

The TSA shall develop and maintain an antiterrorism cargo

identification and screening system for containerized cargo.

The TSA shall develop performance standards to enhance the physical

security of containers, such as seals and locks.

(Sec. 70103e)

CRS-16

Topic

Funding Provisions

S. 1214, Port and Maritime Security Act

H.R. 3983, Maritime Transportation Antiterrorism Act

Creates a new loan guarantee program (Title XIV would be added to the

Merchant Marine Act of 1936) for port security infrastructure

improvements. These improvements could be equipment or facilities

used for security monitoring and recording, gates and fencing, lighting

systems, surveillance systems, video systems, or other items. Guarantees

would be limited to 87.5% of the cost of the project, the economic

soundness of the applicant will be considered, and other limitations as

prescribed under the existing Title XI loan guarantee program for ship

building. For guaranteed loan costs (as defined by the Federal Credit

Reform Act of 1990), $9 million shall be made available from tonnage

tax receipts for each fiscal year 2003 - 2006 and an additional $26 million

is authorized to be appropriated each fiscal year 2003 - 2006.

Authorizes $83 million in grants, for each fiscal year 2003 - 2005 for

enhanced facility security, to implement a maritime antiterrorism plan

or interim measure. Federal funds for any project shall not exceed

75% of the total cost of the project, unless the project’s total cost is

less than $25,000 or the Under Secretary of the TSA determines that a

different matching requirement is warranted for a particular project.

Among other requirements, a project proposal must include a

description of its relationship to the area maritime antiterrorism plan.

The Secretary of Transportation may provide grants for enhancing the

physical security of ports. Federal funds for any project shall not exceed

75% of the total cost of the project, unless the project’s total cost is less

than $25,000 or the Secretary determines that a different matching

requirement is warranted for a particular project. From tonnage tax

receipts, $10 million shall be made available each year for grants and an

additional $70 million is authorized to be appropriated for each fiscal

year 2002 - 2006.

(Sec. 111)

For FY2002, $145 million is authorized for the U.S. Customs Service for

1,200 new customs inspectors, 300 new customs agents, and for other

personnel and security equipment. For the purchase of non-intrusive

screening and detection equipment for U.S. Customs, between $15 to $19

million is to be made available from tonnage tax receipts for each fiscal

year 2003 - 2006. Additionally, $20 million is authorized to be

appropriated for each fiscal year 2003 - 2006 for the purchase of this

equipment.

(Sec. 112)

The Secretary of Transportation, in consultation with the Secretaries of

Treasury, Agriculture, and the Attorney General, will establish shared

dockside inspection facilities at U.S. ports and shall have available $1

Authorizes $4 million in maritime security training grants.

(Sec. 70107)

CRS-17

Topic

S. 1214, Port and Maritime Security Act

H.R. 3983, Maritime Transportation Antiterrorism Act

Submitting Pre-arrival

Messages to Coast Guard

Requires vessels destined for U.S. ports to submit a pre-arrival message

to the Coast Guard containing any information that the Coast Guard

determines to be necessary for the control of the vessel and the safety and

security of the port. The message must be transmitted in sufficient time

to permit review before the vessel’s entry into port. The Coast Guard can

deny a vessel’s entry for failure to comply.

(Sec. 116)

Requires vessels destined for U.S. ports to notify the Coast Guard no

later than 96 hours before the vessel’s arrival and supply information

as prescribed by the Coast Guard.

The Coast Guard can deny a vessel’s entry for failure to comply.

(Sec. 102)

Sea Marshals Program

The Coast Guard may dispatch Coast Guard personnel aboard vessels and

facilities to deter and respond to acts of terrorism. The Coast Guard shall

report to Congress on the potential of using non Coast Guard personnel to

supplement the Coast Guard in this function.

(Sec. 202)

Nearly identical to Senate bill.

(Sec. 106)

Extension of Seaward

Jurisdiction

Extends the territorial jurisdiction of the United States from 3 miles to 12

miles off shore.

(Sec. 119)

Identical to Senate bill.

(Sec. 103)

Vessel Identification

System

No provision.

Requires vessels to be equipped with a position indicating transponder

while operating in the waters of the United States.

Vessels built after Dec. 31, 2002 must have this equipment while

vessels built before this date must have this equipment by Dec. 31,

2004.

(Sec. 107)

Maritime Security

Training

Requires the Secretary of Transportation to develop standards and

curriculum for the training and certification of maritime security

professionals.

(Sec. 110)

Provides grants for developing a maritime security education program

at merchant marine academies.

Extension of Deepwater

Port Act to Natural Gas

Would amend the Deepwater Port Act of 1974 (33 U.S.C. 1501) to

include offshore natural gas facilities.

(Sec. 201)

Similar to Senate bill.

(Sec. 6)