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

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 FY2003-
2006 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
Requires the Secretary of Transportation to establish a National Maritime
No provision.
Security Advisory
Security Advisory Committee comprised of not more than 21 members
Committee
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)
Port Vulnerability
Requires the Secretary of Transportation to develop standards and
Requires the Secretary of Transportation to conduct a port
Assessments
procedures for conducting initial security evaluations and port
vulnerability assessment for each port, including each facility in a
vulnerability assessments. The Secretary, in consultation with local port
port, for which the Secretary believes there is a high risk of
security committees, shall conduct an initial security evaluation of all port
catastrophic emergency. A catastrophic emergency is any event
authorities and waterfront facilities. For each port the Secretary
caused by a terrorist act in the United States or on a vessel sailing to or
determines appropriate, the Secretary shall also conduct a port
from the United States that may cause a substantial loss of life or
vulnerability assessment or accept a previously completed assessment. A
major economic disruption. The Secretary can accept previously
review and comment period by the local port security committee will be
completed assessments. The Secretary shall provide a copy of the
available for initial security evaluations and port vulnerability
assessment to each owner or operator of a port facility.
assessments.
(Sec. 70102)
(Sec. 103)

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Topic
S. 1214, Port and Maritime Security Act
H.R. 3983, Maritime Transportation Antiterrorism Act
Local Port Security
The Secretary of Transportation shall establish a local port security
No provision.
Committees
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)
Limiting Access to Areas
The Secretary of Transportation, after consultation with the Secretary of
Individuals are restricted from designated secure areas of a vessel or
in a Port
the Treasury and Attorney General, shall prescribe regulations to
facility unless they hold a transportation security card and are
designate controlled access areas within a port and limit access to security
authorized to be in that area or are accompanied by someone who
sensitive information such as cargo and passenger manifests. The
does hold a card. The Secretary of Transportation shall issue a
Secretary of Transportation can require physical screening of persons
transportation security card to an individual unless the individual has
entering/exiting secure areas or require escorts for persons without
been convicted of a felony the Secretary believes could be a terrorism
credentials. The Secretary can require background checks, including
security risk; could be denied admission to the United States under the
criminal history, to ensure that persons with unrestricted access do not
Immigration and Nationality Act (8 U.S.C. 1101); or otherwise poses
pose a threat. If a person has a conviction within the previous 7 years or
a terrorism security risk. The Secretary can give consideration to the
was released from prison within the previous 5 years for an offense listed
circumstances of a disqualifying act, restitution made by the
in this section, the person can be disqualified from working in a security
individual, mitigation remedies, and other factors. At the request of
sensitive position at a port. The Secretary can accept alternative
the Secretary, the Attorney General shall conduct a background
arrangements from an employer for an individual that otherwise would be
records check of an individual requesting a security card and report
disqualified from employment. An appeals process will be established
the results to the Secretary. An appeals process will be established for
for individuals found to be ineligible and a user fee system created to pay
individuals found ineligible for a card.
expenses for background checks.
(Sec. 70105)
(Sec. 106)

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Topic
S. 1214, Port and Maritime Security Act
H.R. 3983, Maritime Transportation Antiterrorism Act
Maritime Domain
The Secretary of Transportation shall submit a report to Congress within
No provision.
Awareness
180 days of enactment of the Act that identifies ways in which multi-
agency 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)
Foreign Port Assessments
Requires the Secretary of Transportation to assess the security measures
Similar but not identical to Senate bill. The House bill lists criteria a
maintained at foreign ports that are engaged in commerce with the United
foreign port’s security assessment should be based on, such as the
States. The assessment shall be conducted in consultation with
effectiveness of cargo screening, restrictions on access to certain
appropriate foreign authorities, U.S. vessel operators serving that port,
areas, security on board the vessels, certification with appropriate
and the U.S. Secretary of State and Secretary of the Treasury; and by
security standards, and other measures.
using International Maritime Organization standards or other
(Sec. 70108)
internationally recognized security standards.
(Sec. 108)
Notifying Foreign
Requires the Secretary of Transportation, working with the Secretary of
Similar to Senate bill but requires the Secretary of Transportation
Authorities
State, to notify foreign authorities if it finds their port(s) do not maintain
(without mentioning the Secretary of State) to notify foreign
effective security measures and to recommend steps that will bring it up
authorities if it finds their port(s) do not maintain effective security
to standard.
measures and to recommend steps that will bring it up to standard.
(Sec. 108)
(Sec. 70109)
Actions To Be Taken
If a foreign port is not maintaining effective security measures, the
If the Secretary of Transportation finds that a foreign port does not
When Foreign Ports Are
Secretary of Transportation, after consultation with the Secretaries of
maintain effective antiterrorism measures, the Secretary may prescribe
Not Maintaining
State and Treasury, can prescribe conditions (such as refusing entry or
conditions for vessels and cargo arriving from that port and deny entry
Effective Security
inspection) for any vessels or cargo arriving from such port or prohibit
if the conditions are not met.
vessels from providing transportation from such port to the United States.
(Sec. 70110)
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)

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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
No provision.
it widely) regarding a port the Secretary has determined does not
maintain effective security measures.
(Sec. 108)
Report on Foreign Flag
Requires the Secretary of Transportation, in consultation with the
No provision.
Vessels
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)
Maritime Security Teams
Requires the Secretary of Transportation to establish maritime safety and
Similar to Senate bill. However teams are referred to as maritime
security teams to enhance the domestic maritime security capability of the
antiterrorism teams.
United States. Their mission is to respond rapidly, deter, and protect
(Sec. 70106)
against threats. These teams are to coordinate their activities with other
law enforcement or emergency response agencies.
(Sec. 117)

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Topic
S. 1214, Port and Maritime Security Act
H.R. 3983, Maritime Transportation Antiterrorism Act
National Maritime
The Secretary of Transportation shall prepare a national maritime
Similar to Senate bill. However the plan is referred to as a national
Transportation Security
transportation security plan that shall provide for efficient, coordinated,
maritime transportation antiterrorism plan. Also calls for a system of
Plans
and effective action to prevent and respond to acts of maritime crime or
surveillance and notice to be established to safeguard against and
terrorism. Among other items, the plan shall include allocation of duties
provide the earliest possible notice of a catastrophic emergency and
and responsibilities among government agencies and port authorities.
imminent threats.
(Sec. 203)
(Sec. 70103)
Area Maritime
The Secretary of Transportation shall appoint members to an area
Similar to Senate bill. However the plans are referred to as area
Transportation Security
maritime security committee (this committee can be the same as the local
maritime transportation antiterrorism plans.
Plans
port security committee described above). The committee shall prepare
(Sec. 70103)
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)

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Topic
S. 1214, Port and Maritime Security Act
H.R. 3983, Maritime Transportation Antiterrorism Act
Maritime Facility and
Requires the Secretary of Transportation, in consultation with the
Requires the owners or operators of a vessel or facility to submit to the
Vessel Security Plans
Secretary of the Treasury and the Attorney General, to establish
Secretary of Transportation an antiterrorism plan. Among other
requirements for each port to submit a maritime facility security plan.
things, the plan shall identify the person having full authority to
The plan shall include: provisions for establishing and maintaining
implement antiterrorism actions and the person that serves as point of
physical security for port areas; procedural security for processing of
contact with federal officials. The plan shall describe the training,
passengers, cargo, and crew; a credentialing requirement to limit access
periodic drills, and antiterrorism actions to be carried out to deter a
to certain areas in a port and to security sensitive information; restrictions
catastrophic emergency.
on vehicular access and firearms or weapons; evacuation procedures in
(Sec. 70103)
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)
Other Antiterrorism Plans
The Secretary, in coordination with the Director of the FBI, shall ensure
The Secretary of Transportation shall cooperate with the Director of
that all area maritime counter-terrorism and incident contingency plans
the Federal Emergency Management Agency (FEMA) to ensure that
are reviewed every 3 years. Simulation exercises shall be conducted
federal, state, and local terrorism response resources are coordinated
annually and practice drills conducted at least every 3 years.
with the Director’s terrorism response plan for U.S. ports and
(Sec. 109)
waterways.
(Sec. 70104)

CRS-14
Topic
S. 1214, Port and Maritime Security Act
H.R. 3983, Maritime Transportation Antiterrorism Act
Submitting Cargo
Requires that every land, air, or vessel carrier that is required to make
Requires that every land, air, or vessel carrier that is required to make
Information to Federal
entry or obtain U.S. customs clearance to provide by electronic
entry or obtain U.S. customs clearance to provide by electronic
Agencies
transmission cargo manifest information in advance of entry and in such
transmission cargo manifest information in advance of entry and in
manner, time, and form as the Secretary of the Treasury shall prescribe.
such manner, time, and form as the Secretary of the Treasury shall
The Act lists various cargo data elements that shall be included.
prescribe. In issuing such regulations, the Secretary of the Treasury
shall consult with other federal agencies, such as the Department of
Requires the U.S. Customs Service to improve reporting procedures for
Transportation, Department of Justice, and Department of Defense.
“in-bond” movement of goods. Customs may require that shipment
The Secretary of the Treasury shall also share cargo information with
information such as the consignor, consignee, country of origin, and the
other federal agencies.
Harmonized Tariff Schedule of the 6-digit classification code be
(Sec. 108)
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
Requires the owner or operator of any air, land, or vessel carrier destined
Requires the operator of each commercial vessel destined for the
Passenger Information
for a U.S. port to electronically transmit prior to entry or clearance as
United States to electronically submit to the TSA prior to the vessel’s
required by U.S. customs laws the full name, date of birth, citizenship,
arrival a passenger and crew manifest. The manifest shall contain
gender, passport number, visa number, and other information for every
similar information as in the Senate bill.
person arriving or departing the United States.
(Sec. 70111)
(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)

CRS-15
Topic
S. 1214, Port and Maritime Security Act
H.R. 3983, Maritime Transportation Antiterrorism Act
Container Identification
Requires the Secretaries of Transportation and Treasury to establish a
The TSA shall develop and maintain an antiterrorism cargo
and Container Physical
task force with shippers and ocean carriers to develop standards for
identification and screening system for containerized cargo.
Security
tracking containers, by using GPS or other systems, and especially for
containerized cargo moving “in-bond.”
The TSA shall develop performance standards to enhance the physical
security of containers, such as seals and locks.
Requires the development of standards for anti-tampering devices for
(Sec. 70103e)
containers, such as seals and locks.
(Sec. 207)

CRS-16
Topic
S. 1214, Port and Maritime Security Act
H.R. 3983, Maritime Transportation Antiterrorism Act
Funding Provisions
Creates a new loan guarantee program (Title XIV would be added to the
Authorizes $83 million in grants, for each fiscal year 2003 - 2005 for
Merchant Marine Act of 1936) for port security infrastructure
enhanced facility security, to implement a maritime antiterrorism plan
improvements. These improvements could be equipment or facilities
or interim measure. Federal funds for any project shall not exceed
used for security monitoring and recording, gates and fencing, lighting
75% of the total cost of the project, unless the project’s total cost is
systems, surveillance systems, video systems, or other items. Guarantees
less than $25,000 or the Under Secretary of the TSA determines that a
would be limited to 87.5% of the cost of the project, the economic
different matching requirement is warranted for a particular project.
soundness of the applicant will be considered, and other limitations as
Among other requirements, a project proposal must include a
prescribed under the existing Title XI loan guarantee program for ship
description of its relationship to the area maritime antiterrorism plan.
building. For guaranteed loan costs (as defined by the Federal Credit
Reform Act of 1990), $9 million shall be made available from tonnage
Authorizes $4 million in maritime security training grants.
tax receipts for each fiscal year 2003 - 2006 and an additional $26 million
(Sec. 70107)
is authorized to be appropriated each fiscal year 2003 - 2006.
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

CRS-17
Topic
S. 1214, Port and Maritime Security Act
H.R. 3983, Maritime Transportation Antiterrorism Act
Submitting Pre-arrival
Requires vessels destined for U.S. ports to submit a pre-arrival message
Requires vessels destined for U.S. ports to notify the Coast Guard no
Messages to Coast Guard
to the Coast Guard containing any information that the Coast Guard
later than 96 hours before the vessel’s arrival and supply information
determines to be necessary for the control of the vessel and the safety and
as prescribed by the Coast Guard.
security of the port. The message must be transmitted in sufficient time
The Coast Guard can deny a vessel’s entry for failure to comply.
to permit review before the vessel’s entry into port. The Coast Guard can
(Sec. 102)
deny a vessel’s entry for failure to comply.
(Sec. 116)
Sea Marshals Program
The Coast Guard may dispatch Coast Guard personnel aboard vessels and
Nearly identical to Senate bill.
facilities to deter and respond to acts of terrorism. The Coast Guard shall
(Sec. 106)
report to Congress on the potential of using non Coast Guard personnel to
supplement the Coast Guard in this function.
(Sec. 202)
Extension of Seaward
Extends the territorial jurisdiction of the United States from 3 miles to 12
Identical to Senate bill.
Jurisdiction
miles off shore.
(Sec. 103)
(Sec. 119)
Vessel Identification
No provision.
Requires vessels to be equipped with a position indicating transponder
System
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
Requires the Secretary of Transportation to develop standards and
Provides grants for developing a maritime security education program
Training
curriculum for the training and certification of maritime security
at merchant marine academies.
professionals.
(Sec. 110)
Extension of Deepwater
Would amend the Deepwater Port Act of 1974 (33 U.S.C. 1501) to
Similar to Senate bill.
Port Act to Natural Gas
include offshore natural gas facilities.
(Sec. 6)
(Sec. 201)