[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2965 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2965

   To amend the Merchant Marine Act, 1936, to establish a program to 
   ensure greater security for United States seaports, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2000

  Mr. Hollings (for himself, Mr. Graham, Mr. Breaux, and Mr. Cleland) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend the Merchant Marine Act, 1936, to establish a program to 
   ensure greater security for United States seaports, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Port and Maritime Security Act of 
2000''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) There are 361 public seaports in the United States 
        which have a broad range of characteristics, and all of which 
        are an integral part of our Nation's commerce.
            (2) United States seaports conduct 95 percent of United 
        States international trade. Over the next 20 years, the total 
        volume of imported and exported goods at seaports is expected 
        to increase three-fold.
            (3) The variety of trade and commerce that are carried out 
        at seaports has greatly expanded. Bulk cargo, containerized 
        cargo, passenger cargo and tourism, intermodal transportation 
        systems, and complex domestic and international trade 
        relationships have significantly changed the nature and conduct 
        of seaport commerce.
            (4) The top 50 seaports in the United States account for 
        about 90 percent of all the cargo tonnage. Twenty-five United 
        States seaports account for 98 percent of all container 
        shipments. Cruise ships visiting foreign destinations embark 
        from 16 seaports.
            (5) In the larger seaports, the activities can stretch 
        along a coast for many miles, including public roads within 
        their geographic boundaries. The facilities used to support 
        arriving and departing cargo are sometimes miles from the 
        coast.
            (6) Seaports often are a major locus of Federal crime, 
        including drug trafficking, cargo theft, and smuggling of 
        contraband and aliens. The criminal conspiracies often 
        associated with these crimes can pose threats to the people and 
        critical infrastructures of seaport cities. Seaports that 
        accept international cargo have a higher risk of international 
        crimes like drug and alien smuggling.
            (7) Seaports are often very open and exposed, and by their 
        very nature, could pose to be threats to large scale terrorism 
        that could pose a threat to coastal, Great Lake, or riverain 
        populations. Seaport terrorism could pose a significant threat 
        to the ability of the United States to pursue its national 
        security objectives.
            (8) United States seaports are international boundaries, 
        however, unlike United States airports and land borders, United 
        States seaports receive no Federal funds for security 
        infrastructure.
            (9) Current inspection levels of containerized cargo are 
        insufficient to counter potential security risks. Technology is 
        currently not adequate to allow for the non-intrusive 
        inspection of containerized cargo, but promising technology is 
        in the process of being developed that could inspect cargo in a 
        non-intrusive and timely fashion.
            (10) The burgeoning cruise ship industry poses a special 
        risk from a security perspective. The large number of United 
        States citizens sailing on international cruises provides an 
        attractive target to terrorists seeking to cause mass 
        casualties. Approximately 80 percent of cruise line passengers 
        are United States citizens and 20 percent are aliens. 
        Approximately 92 percent of crewmembers are aliens.
            (11) Effective physical security and access control in 
        seaports is fundamental to deterring and preventing potential 
        threats to seaport operations, cargo shipments for smuggling or 
        theft or other cargo crimes.
            (12) Securing entry points, open storage areas, and 
        warehouses throughout the seaport, controlling the movements of 
        trucks transporting cargo through the seaport, and searching 
        containers, warehouses, and ships at berth or in the harbor are 
        all important requirements that should be implemented.
            (13) Identification procedures for arriving workers and 
        deterring and preventing internal conspiracies are increasingly 
        important.
            (14) On April 27, 1999, the President established the 
        Interagency Commission on Crime and Security in United States 
        Seaports to undertake a comprehensive study of the nature and 
        extent of the problem of crime in our seaports, as well as the 
        ways in which governments at all levels are responding.
            (15) The Commission has issued preliminary findings that 
        indicate the following:
                    (A) Frequent crimes in seaports include drug 
                smuggling, illegal car exports, fraud (including 
                Intellectual Property Rights and other trade 
                violations), and cargo theft.
                    (B) Data about crime in seaports have been very 
                difficult to collect.
                    (C) Internal conspiracies are an issue at many 
                seaports, and contribute to Federal crime.
                    (D) Intelligence and information sharing among law 
                enforcement agencies needs to be improved at many 
                seaports.
                    (E) Many seaports do not have any idea about the 
                threats they face from crime, terrorism, and other 
                security-related activities because vulnerability 
                assessments are not performed locally.
                    (F) A lack of minimum physical, procedural, and 
                personnel security standards at seaports and at 
                terminals, warehouses, trucking firms, and related 
                facilities leaves many seaports and seaport users 
                vulnerable to theft, pilferage, and unauthorized access 
                by criminals.
                    (G) Access to seaports and operations within 
                seaports is often uncontrolled.
                    (H) Coordination and cooperation between law 
                enforcement agencies in the field is often fragmented.
                    (I) Meetings between law enforcement personnel, 
                carriers, and seaport authorities regarding security 
                are not being held routinely in the seaports. These 
                meetings could increase coordination and cooperation at 
                the local level.
                    (J) Security-related equipment such as small boats, 
                cameras, and vessel tracking devices is lacking at many 
                seaports.
                    (K) Detection equipment such as large-scale x-ray 
                machines is lacking at many high-risk seaports.
                    (L) A lack of timely, accurate, and complete 
                manifest (including in-bond) and trade (entry, 
                importer, etc.) data negatively impacts law 
                enforcement's ability to function effectively.
                    (M) Criminal organizations are exploiting weak 
                security in seaports and related intermodal connections 
                to commit a wide range of cargo crimes. Levels of 
                containerized cargo volumes are forecasted to increase 
                significantly, which will create more opportunities for 
                crime while lowering the statistical risk of detection 
                and interdiction.
            (16) United States seaports are international boundaries 
        that--
                    (A) are particularly vulnerable to threats of drug 
                smuggling, illegal alien smuggling, cargo theft, 
                illegal entry of cargo and contraband;
                    (B) may present weaknesses in the ability of the 
                United States to realize its national security 
                objectives; and
                    (C) may serve as a vector for terrorist attacks 
                aimed at the population of the United States.
            (17) It is in the best interests of the United States--
                    (A) to increase United States seaport security by 
                establishing a better method of communication amongst 
                law enforcement officials responsible for seaport 
                boundary, security, and trade issues;
                    (B) to formulate standards for physical seaport 
                security needs, recognizing the different character and 
                nature of United States seaports;
                    (C) to provide financial incentives to help the 
                States and private sector to increase physical security 
                of United States seaports;
                    (D) to invest in long-term technology to facilitate 
                the private sector development of technology that will 
                assist in the non-intrusive timely detection of crime 
                or potential crime;
                    (E) to harmonize data collection on seaport-related 
                and other cargo theft, in order to address areas of 
                potential threat to safety and security;
                    (F) to create shared inspection facilities to help 
                facilitate the timely and efficient inspection of 
                people and cargo in United States seaports; and
                    (G) to improve Customs reporting procedures to 
                enhance the potential detection of crime in advance of 
                arrival or departure of cargoes.

SEC. 3. COAST GUARD PORT SECURITY TASK FORCE.

    (a) Establishment.--The Commandant of the Coast Guard, in 
cooperation with the Maritime Administration and the United States 
Customs Service, shall establish a Port Security Task Force--
            (1) to implement the provisions of this Act;
            (2) to coordinate programs to enhance the security and 
        safety of United States seaports;
            (3) to provide long-term solutions for seaport safety 
        issues;
            (4) to coordinate the security operations of local seaport 
        security committees; and
            (5) to ensure that the public and local seaport security 
        committees are kept informed about seaport security enhancement 
        developments.
    (b) Membership; Consultation.--The Task Force shall include 
representatives of the Maritime Administration and the United States 
Customs Service. In carrying out its responsibilities under this Act, 
the Task Force shall consult with other departments and agencies of the 
United States, States, and local governments with an interest in port 
security and port security-related matters, and with representatives of 
the private sector with an interest or expertise in port security and 
port security-related matters.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for activities of the 
Task Force--
            (1) $5,000,000 for each of fiscal years 2003 and 2004; and
            (2) $3,000,000 for each of fiscal years 2005 and 2006.

SEC. 4. PORT SECURITY THREAT ASSESSMENTS.

    (a) In General.--The Task Force shall develop standards and 
procedures for the conduct of seaport security threat assessments for 
United States seaports, and for the review and revision, if necessary, 
of those assessments not less frequently than triennially.
    (b) Maps and Charts.--
            (1) Collection and distribution.--The Task Force shall, 
        working through local seaport security committees where 
        appropriate
                    (A) collect maps and charts of all United States 
                seaports that clearly indicate the location of 
                infrastructure and overt-security equipment; and
                    (B) make those maps and charts available, on a 
                secure and confidential basis, to--
                            (i) the Maritime Administration;
                            (ii) the United States Coast Guard;
                            (iii) the United States Customs Service;
                            (iv) the Department of Defense; and
                            (v) the Federal Bureau of Investigation.
            (2) Other agencies.--The Task Force shall establish a 
        process for providing relevant maps and charts collected under 
        paragraph (1), and other relevant material, available, on a 
        secure and confidential basis, to appropriate Federal, State, 
        and local government agencies, and seaport authorities, for the 
        purpose of obtaining the comments of those agencies and before 
        making a seaport vulnerability threat assessment for each such 
        seaport.
            (3) Secure storage and limited access.--The Task Force 
        shall establish, in cooperation with appropriate government 
        agencies, procedures that ensure that maps, charts, and other 
        material made available to Federal, State, and local government 
        agencies, seaport authorities, and local seaport security 
        committees are maintained in a secure and confidential manner 
        and that access thereto is limited appropriately.
    (c) Public Information.--Notwithstanding section 7(c) of the Ports 
and Waterways Safety Act (33 U.S.C. 1226(c)), the Task Force shall, 
from time to time and utilizing such media (including the Internet) as 
may be appropriate, make information available to the public about the 
assessments made under this section in a form that does not compromise, 
or present a threat to the disclosure of security-sensitive information 
about, those assessments.

SEC. 5. SECURITY GUIDELINES.

    (a) In General.--The Task Force shall develop voluntary minimum 
security guidelines that--
            (1) are linked to the United States Coast Guard Captain-of-
        the-Port controls for maritime trade;
            (2) include a model seaport concept; and
            (3) include a set of recommended ``best practices'' 
        guidelines for the use of maritime terminal operators.
    (b) Revision.--The Task Force shall review the guidelines developed 
under subsection (a) not less frequently than every 5 years and revise 
them as necessary.
    (c) Compliance Enhancement.--If the Task Force finds, after the 
voluntary guidelines established under subsection (a) have been in 
effect for a reasonable period of time, that an appropriate increase in 
security has not occurred under the voluntary guidelines, or that there 
are inconsistencies in the application of the guidelines that need to 
be addressed in order to improve seaport security generally, then the 
United States Coast Guard and the United States Customs Service shall, 
at its request, initiate rulemaking procedures or take other 
appropriate action to require compliance with the guidelines.
    (d) Minimum Standards.--The guidelines developed under subsection 
(a) shall include guidelines that meet the following minimum standards:
            (1) General security.--The establishment of uniform 
        practices for physical security of seaport areas and 
        approaches, procedural security for processing passengers, 
        cargo, and crewmembers, and personnel security for employment 
        of individuals and service providers.
            (2) Access to sensitive areas.--The use of a credentials 
        process, administered by public or private sector security 
        services, to limit access to sensitive areas. In connection 
        with this standard, the Task Force shall consider the 
        desirability and feasibility of utilizing criminal background 
        checks to assist in determining access to restricted or 
        sensitive areas at seaports generally or on a seaport-by-
        seaport basis.
            (3) Vehicular access.--The use of restrictions on vehicular 
        access to seaport areas and facilities, including requirements 
        that seaport authorities and primary users of seaports 
        implement procedures that achieve appropriate levels of control 
        of vehicular access and accountability for enforcement of 
        controlled access by vehicles.
            (4) Firearms.--Restrictions on carrying firearms.
            (5) Certification of private security officers.--A private 
        security officer certification program to improve the 
        professionalism of seaport security officers.
    (e) Maritime Administration; Port Accreditation Program.--Except as 
provided in subsection (c), the Maritime Administration shall make 
every effort to have the guidelines developed under subsection (a) 
adopted by appropriate organizations as voluntary guidelines and shall 
establish a program for the private sector accreditation of seaports 
that implement the guidelines.
    (f) Coast Guard; International Application.--Except as provided in 
subsection (c), the Coast Guard shall make every effort to have the 
guidelines developed under subsection (a) by appropriate international 
organizations as voluntary guidelines and shall, acting through 
appropriate officers of the United States Government, seek to encourage 
the development and adoption of seaport security guidelines under 
international agreements in other countries where adoption of the same 
or similar guidelines might be appropriate.
    (g) No Erosion of Other Authority.--Nothing in this section 
precludes any agency, instrumentality, or department of the United 
States from exercising, or limits its authority to exercise, any other 
statutory or regulatory authority to initiate security standards.

SEC. 6. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.

    (a) In General.--Title XI of the Merchant Marine Act, 1936 (46 
U.S.C. App. 1101 et seq.) is amended by adding at the end thereof the 
following:

``SEC. 1113. LOAN GUARANTEES FOR PORT SECURITY INFRASTRUCTURE 
              IMPROVEMENTS.

    ``(a) In General.--The Secretary, under section 1103(a) and subject 
to the terms the Secretary shall prescribe and after consultation with 
the United States Coast Guard, the United States Customs Service, and 
the Port Security Task Force established under section 3 of the Port 
and Maritime Security Act of 2000, may guarantee or make a commitment 
to guarantee the payment of the principal of, and the interest on, an 
obligation for seaport security infrastructure improvements for an 
eligible project at any United States seaport involved in international 
trade.
    ``(b) Limitations.--Guarantees or commitments to guarantee under 
this section are subject to the extent applicable to all the laws, 
requirements, regulations, and procedures that apply to guarantees or 
commitments to guarantee made under this title.
    ``(c) Transfer of Funds.--The Secretary may accept the transfer of 
funds from any other department, agency, or instrumentality of the 
United States Government and may use those funds to cover the cost (as 
defined in section 502 of the Federal Credit Reform Act of 1990 (2 
U.S.C. 61a)) of making guarantees or commitments to guarantee loans 
entered into under this section.
    ``(d) Eligible Projects.--A project is eligible for a loan 
guarantee or commitment under subsection (a) if is for the construction 
or acquisition of--
            ``(1) equipment or facilities to be used for seaport 
        security monitoring and recording;
            ``(2) security gates and fencing;
            ``(3) security-related lighting systems;
            ``(4) remote surveillance systems;
            ``(5) concealed video systems; or
            ``(6) other security infrastructure or equipment that 
        contributes to the overall security of passengers, cargo, or 
        crewmembers.''.
    (b) Annual Accounting.--The Secretary of Transportation shall 
submit an annual summary of loan guarantees and commitments to make 
loan guarantees under section 1113 of the Merchant Marine Act, 1936, to 
the Task Force. The Task Force shall make that information available to 
the public and to local seaport security committees through appropriate 
media of communication, including the Internet.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation--
            (1) $10,000,000 for each of the fiscal years 2003, 2004, 
        2005, and 2006 as guaranteed loan costs (as defined in section 
        502(5) of the Federal Credit Reform Act of 1990; 2 U.S.C. 
        661a(5)); and
            (2) $2,000,000 for each such fiscal year to cover 
        administrative expenses related to loan guarantees.

SEC. 7. RESEARCH AND DEVELOPMENT.

    (a) Grant Program.--The United States Customs Service, after 
consultation with the Task Force, shall establish a grant program to 
develop and transfer technology to enhance security at United States 
seaports. Grants shall be awarded on the basis of competition. The 
maximum amount of any grant of funds made available under the program 
to a participant other than a department or agency of the United States 
for a technology development project may not exceed 50 percent of costs 
of that project.
    (b) Annual Accounting.--The United States Custom Service shall 
submit an annual summary of grants under subsection (a) to the Task 
Force. The Task Force shall make that information available to the 
public and to local seaport security committees through appropriate 
media of communication, including the Internet.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Treasury--
            (1) $12,000,000 for each of fiscal years 2003 and 2004, and 
        $14,000,000 for each of fiscal years 2005 and 2006, to carry 
        out subsection (a); and
            (2) $3,000,000 for each such fiscal year to increase United 
        States Customs Service presence at United States seaports and 
        to carry out its duties under this Act.

SEC. 8. ANNUAL REPORT ON MARITIME SECURITY AND TERRORISM.

    Section 905 of the International Maritime and Post Security Act (46 
U.S.C. App. 1802) is amended by adding at the end thereof the 
following: ``Beginning with the first report submitted under this 
section after the date of enactment of the Port and Maritime Security 
Act of 2000, the Secretary shall include a description of activities 
undertaken under that Act and an analysis of the effect of those 
activities on seaport security against acts of terrorism.''.

SEC. 9. REVISION OF PORT SECURITY PLANNING GUIDE.

    The Secretary of Transportation, acting through the Maritime 
Administration and after consultation with the Task Force and the 
United States Coast Guard, shall publish a revised version of the 
document entitled ``Port Security: A National Planning Guide'', 
incorporating the guidelines promulgated under section 5, within 3 
years after the date of enactment of this Act, and make that document 
available on the Internet.

SEC. 10. ESTABLISHMENT OF LOCAL PORT SECURITY COMMITTEES.

    (a) In General.--The United States Coast Guard shall establish 
seaport security committees--
            (1) to utilize the information made available under this 
        Act;
            (2) to implement port security threat assessments 
        promulgated under section 4; and
            (3) to implement the guidelines promulgated under section 
        5.
    (b) Membership.--In establishing those committees, the United 
States Coast Guard may utilize or augment any existing harbor safety 
committee or seaport readiness committee, but the membership of the 
seaport security committee shall include representatives of--
            (1) the port authority;
            (2) Federal, State and local government;
            (3) labor organizations; and
            (4) the private sector.
    (c) Chairman.--The local seaport security committee shall be 
chaired by the United States Coast Guard's Captain-of-the-Port.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Department in which the Coast 
Guard is operating $3,000,000 for each of fiscal years 2003, 2004, 
2005, and 2006 to carry out this section.

SEC. 11. ATTORNEY GENERAL TO COORDINATE PORT-RELATED CRIME DATA 
              COLLECTION.

    (a) In General.--The Attorney General of the United States shall--
            (1) require, to the extent feasible, United States 
        government agencies with significant regulatory or law 
        enforcement responsibilities at United States seaports to 
        modify their information databases to ensure the collection and 
        retrievability of data relating to crime at or affecting such 
        seaports;
            (2) evaluate the feasibility of capturing data on cargo 
        theft offenses (including such offenses occurring outside such 
        seaports) through the National Incident-Based Reporting System, 
        and, if feasible, implement its capture; and
            (3) in conjunction with the Task Force, establish an 
        outreach program to work with State law enforcement officials 
        to harmonize the reporting of data on cargo theft among the 
        States and with the United States government's reports.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General $2,000,000 for each of fiscal 
years 2003, 2004, 2005, and 2006, to modify existing data bases to 
capture data on cargo theft offenses through the National Incident-
Based Reporting System and to make grants to States to harmonize data 
on cargo theft.

SEC. 12. SHARED DOCKSIDE INSPECTION FACILITIES.

    (a) In General.--The Secretary of the Treasury, the Secretary of 
Agriculture, the Secretary of Transportation, and the Attorney General 
shall work with each other, the Task Force, and the States to establish 
shared dockside inspection facilities at United States seaports for 
Federal and State agencies.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $3,000,000 for each of 
fiscal years 2003, 2004, 2005, and 2006, to establish shared dockside 
inspection facilities at United States seaports in consultation with 
the Secretary of the Treasury, the Secretary of Agriculture, and the 
Attorney General.

SEC. 13. IMPROVED CUSTOMS REPORTING PROCEDURES.

    (a) In General.--The United States Customs Service shall improve 
reporting of imports at United States seaports--
            (1) by promulgating regulations to require all ocean 
        manifests to be transmitted in electronic form to the Service 
        in sufficient time for the information to be used effectively 
        by the Service;
            (2) by promulgating regulations to require all entries of 
        goods, including in-bond entries, to provide the same 
        information required for entries of goods released into the 
        commerce of the United States to the Service before the goods 
        are released for shipment from the seaport of first arrival; 
        and
            (3) by distributing the information described in paragraphs 
        (1) and (2) on a real-time basis to any Federal, State, or 
        local government agency that has a regulatory or law-
        enforcement interest in the goods.
    (b) Paperwork Elimination.--
            (1) Section 433(a)(1)(C) of the Tariff Act of 1930 (19 
        U.S.C. 1433(a)(1)(C)) is amended by striking ``bonded 
        merchandise, or''.
            (2) Section 434(a)(3) of that Act (19 U.S.C. 1434(a)(3)) is 
        amended by striking ``bonded merchandise or''.
            (3) Section 4197(a)(2) of the Revised Statutes (46 U.S.C. 
        App. 91(a)(2)) is amended by striking ``bonded merchandise 
        or''.

SEC. 14. 4-YEAR REAUTHORIZATION OF TONNAGE DUTIES.

    (a) In General.--
            (1) Extension of duties.--Section 36 of the Act of August 
        5, 1909 (36 Stat. 111; 46 U.S.C. App. 121) is amended by 
        striking ``through 2002'' each place it appears and inserting 
        ``through 2006''.
            (2) Conforming amendment.--The Act entitled ``An Act 
        concerning tonnage duties on vessels entering otherwise than by 
        sea'', approved March 8, 1910 (36 Stat 234; 46 U.S.C. App. 132) 
        is amended by striking ``through 2002,'' and inserting 
        ``through 2006,''.
    (b) Availability of Funds.--From amounts deposited in the general 
fund of the Treasury as receipts of tonnage charges collected as a 
result of the amendments made by subsection (a), $40,000,000 shall be 
made available in each of fiscal years 2003, 2004, 2004, and 2006 to 
carry out this Act.

SEC. 15. DEFINITIONS.

    In this Act:
            (1) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Transportation.
            (2) Task Force.--The term ``Task Force'' means the Port 
        Security Task Force established under section 3.
                                 <all>