[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3013 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3013

 To direct the Secretary of Transportation to take actions to improve 
         security at the maritime borders of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 3, 2001

Ms. Brown of Florida introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure, and in addition 
  to the Committee on Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Transportation to take actions to improve 
         security at the maritime borders of the United States.

    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 
2001''.

SEC. 2. PORT SECURITY TASK FORCE.

    (a) Establishment.--The Secretary shall establish a Port Security 
Task Force. The Task Force shall advise and make recommendations to the 
Secretary regarding matters related to--
            (1) implementing the provisions of this Act;
            (2) coordinating programs to enhance the security and 
        safety of United States seaports;
            (3) providing long-term solutions for seaport security 
        issues;
            (4) coordinating the security operations of local seaport 
        security committees;
            (5) ensuring that the public and local seaport security 
        committees are kept informed about seaport security enhancement 
        developments;
            (6) establishing conditions under which loan guarantees and 
        grants are made; and
            (7) consulting with the Coast Guard and the Maritime 
        Administration in establishing port security program guidance.
    (b) Membership.--
            (1) In general.--The Task Force shall include 
        representatives of the Coast Guard and the Maritime 
        Administration.
            (2) Other federal agencies.--The Secretary shall consult 
        with the Secretary of the Treasury to invite the participation 
        of the United States Customs Service, and may invite the 
        participation of other departments and agencies of the United 
        States with an interest in port security, port security-related 
        matters, and border protection issues.
            (3) State and local government representatives.--The 
        Secretary shall appoint to the Task Force representatives of 
        State and local law enforcement agencies having an interest in 
        port security issues.
            (4) Required private sector representatives.--The Task 
        Force shall include representatives, appointed by the 
        Secretary, of--
                    (A) port authorities;
                    (B) management organizations;
                    (C) longshore labor organizations;
                    (D) ocean carriers;
                    (E) marine terminal operators;
                    (F) trucking companies;
                    (G) railroad companies;
                    (H) transportation labor organizations;
                    (I) transportation workers;
                    (J) ocean shippers;
                    (K) freight forwarding companies; and
                    (L) other representatives whose participation the 
                Secretary considers beneficial.
    (c) Subcommittees.--The Task Force may establish subcommittees to 
facilitate consideration of specific issues, including port security 
border protection and maritime domain awareness issues.
    (d) Law Enforcement Subcommittee.--The Task Force shall establish a 
subcommittee comprised of Federal, State, and local government law 
enforcement agencies to address port security issues, including 
resource commitments and law enforcement sensitive matters.
    (e) Exemption From FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) does not apply to the Task Force.
    (f) Acceptance of Contributions; Joint Venture Arrangements.--In 
carrying out its responsibilities under this Act, the Task Force, or a 
member organization or representative acting with the Task Force's 
consent, may accept contributions of funds, material, services, and the 
use of personnel and facilities from public and private entities by 
contract or other arrangement if the confidentiality of security-
sensitive information is maintained and access to such information is 
limited appropriately.
    (g) Funding.--Of the amounts made available under section 15(b), 
there shall be made available to the Secretary of Transportation for 
activities of the Task Force $1,000,000 for each of fiscal years 2003 
through 2006 without further appropriation.

SEC. 3. ESTABLISHMENT OF LOCAL PORT SECURITY COMMITTEES.

    (a) In General.--The Secretary shall establish local seaport 
security committees--
            (1) to use the information made available under this Act;
            (2) to define the physical boundaries within which to 
        conduct vulnerability assessments in recognition of the unique 
        characteristics of each port;
            (3) to review port security vulnerability assessments 
        conducted under section 4;
            (4) to implement the guidance developed under section 6;
            (5) to coordinate planning and other necessary security 
        activities by conducting meetings at least 4 times each year, 
        to disseminate information that will facilitate law enforcement 
        activities;
            (6) to conduct an exercise at least once every 3 years to 
        verify the effectiveness of each port authority and marine 
        terminal security plan; and
            (7) to make recommendations and advise on security 
        infrastructure needs.
    (b) Membership.--In establishing those committees, the Secretary 
may use or augment any existing harbor safety committee or seaport 
readiness committee, but the membership of the seaport security 
committee shall include local or regional representatives of--
            (1) the port authority;
            (2) Federal, State and local government;
            (3) Federal, State, and local government law enforcement 
        agencies;
            (4) longshore and transportation labor organizations;
            (5) transportation workers;
            (6) management organizations; and
            (7) private sector interests whose inclusion is considered 
        beneficial by the Captain-of-the-Port.
    (c) Chairman.--The local seaport security committee shall be 
chaired by the Captain-of-the-Port.
    (d) Exemption From FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) does not apply to a local seaport security committee.
    (e) Acceptance of Contributions; Joint Venture Arrangements.--In 
carrying out its responsibilities under this Act, a local seaport 
security committee, or a member organization or representative acting 
with the committee's consent, may accept contributions of funds, 
material, services, and the use of personnel and facilities from public 
and private entities by contract or other arrangement if the 
confidentiality of security-sensitive information is maintained and 
access to such information is limited appropriately.
    (f) Funding.--Of the amounts made available under section 15(b) 
there shall be made available to the Secretary $3,000,000 for each of 
fiscal years 2003 through 2006 without further appropriation to carry 
out this section, such sums to remain available until expended.

SEC. 4. COAST GUARD PORT SECURITY VULNERABILITY ASSESSMENTS.

    (a) In General.--The Secretary, in consultation with the Defense 
Threat Reduction Agency, the Center for Civil Force Protection, and 
other appropriate public and private sector organizations, shall 
develop standards and procedures for conducting seaport security 
vulnerability assessments. The Port Security Task Force shall review 
standards and procedures for conducting seaport security vulnerability 
assessments in order to provide comments and recommendations to the 
Secretary for consideration.
    (b) Initial Schedule.--The Secretary, in cooperation with local 
port security committee officials with proper security clearances, 
shall complete no fewer than 10 seaport security vulnerability 
assessments annually, until it has completed such assessments for the 
50 ports determined by the Secretary to be the most strategic or 
economically strategic ports in the United States. If a seaport 
security vulnerability assessment has been conducted within 5 years by 
or on behalf of a port authority or marine terminal operator, and the 
Secretary determines that it was conducted in a manner that is 
generally consistent with the standards and procedures developed under 
subsection (a), the Secretary may accept that assessment rather than 
conducting another seaport security vulnerability assessment for that 
port.
    (c) Review by Port Authority.--The Secretary shall make the seaport 
security vulnerability assessment for a seaport available for review 
and comment by members of the local port security committee with proper 
security clearances, marine terminal operator representatives with 
proper security clearances, and representatives of other entities with 
proper security clearances determined by the local port security 
committee to be connected or affiliated with marine commerce.
    (d) Maps and Charts.--
            (1) Collection and distribution.--The Secretary, working 
        through local seaport security committees established under 
        section 3 where appropriate, shall--
                    (A) collect, store securely, and maintain maps and 
                charts of all United States seaports that clearly 
                indicate the location of infrastructure and overt-
                security equipment;
                    (B) make those maps and charts available upon 
                request, 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;
                            (v) the Federal Bureau of Investigation; 
                        and
                            (vi) the Immigration and Naturalization 
                        Service.
            (2) Other agencies.--The Secretary 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 before 
        completing a seaport vulnerability assessment for each such 
        seaport.
            (3) Secure storage and limited access.--The Secretary shall 
        establish 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.
    (e) Annual Status Report to Congress.--Notwithstanding section 7(c) 
of the Ports and Waterways Safety Act (33 U.S.C. 1226(c)), the 
Secretary shall report annually to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives on the status of 
seaport security in a form that does not compromise, or present a 
threat to the disclosure of security-sensitive information about, the 
seaport security vulnerability assessments conducted under this Act. 
The report may include recommendations for further improvements in 
seaport security measures and for any additional enforcement measures 
necessary to ensure compliance with the seaport security plan 
requirements of this Act.
    (f) Funding.--Of the amounts made available under section 15(b) 
there shall be made available to the Secretary $10,000,000 for each of 
fiscal years 2003 through 2006 without further appropriation to carry 
out this section, such sums to remain available until expended.

SEC. 5. MARITIME TRANSPORTATION SECURITY PROGRAMS.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to prescribe regulations to protect the public from threats 
of crime or terrorism from or to vessels in maritime transportation 
originating or terminating in a United States seaport as well as 
threats of crime or terrorism to maritime or intermodal infrastructure 
directly associated with coastal, intercoastal, and inland marine 
terminals. In prescribing a regulation under this subsection, the 
Secretary shall--
            (1) consult with the Secretary of the Treasury, the 
        Attorney General, the heads of other departments, agencies, and 
        instrumentalities of the United States Government, State and 
        local authorities, and the Task Force; and
            (2) consider whether a proposed regulation is consistent 
        with--
                    (A) protecting the public; and
                    (B) the public interest in promoting maritime and 
                intermodal transportation and commerce.
    (b) Security Programs.--
            (1) Program to be established.--Each port authority and 
        marine terminal operator, or other entity determined by the 
        local port security committee to be connected or affiliated 
        with maritime commerce for an area designated under section 
        3(a)(2) at which a port security vulnerability assessment has 
        been conducted under this Act shall establish a maritime 
        transportation security program within 1 year after the 
        assessment is completed.
            (2) General requirements.--A security program established 
        under paragraph (1) shall provide a security program and 
        capability at that seaport that is adequate to ensure the 
        safety of the public from threats of crime and terrorism.
            (3) Specific requirements.--A security program established 
        under paragraph (1) shall be linked to the Captain-of-the-Port 
        authorities for maritime trade and shall include--
                    (A) provisions for establishing and maintaining 
                physical security for seaport areas and approaches;
                    (B) provisions for establishing and maintaining 
                procedural security for processing passengers, cargo, 
                and crewmembers;
                    (C) a credentialing process for the purpose of 
                limiting access to coastal, intercoastal and inland 
                marine terminals, designed to ensure that individuals 
                and service providers have properly gained admittance;
                    (D) provisions for the personal security of 
                individuals within the port;
                    (E) a process to restrict vehicular access to 
                seaport areas and facilities, ensuring that 
                credentialed persons have efficient and safe procedures 
                for gaining admittance to seaport areas and related 
                facilities;
                    (F) restrictions on carrying firearms and other 
                prohibited weapons;
                    (G) provisions for the use of qualified State and 
                local law enforcement personnel, port authority law 
                enforcement and security personnel, and private sector 
                security personnel; and
                    (H) provision for offering a certification program 
                for State and local law enforcement personnel, port 
                authority law enforcement and security personnel, and 
                private sector security personnel.
    (c) Incorporation of Marine Terminal Operator's Program.--
Notwithstanding the requirements of subsection (b)(3), the Captain-of-
the-Port may approve a security program of a port authority, or an 
amendment to an existing program, that incorporates a security program 
of a marine terminal operator tenant with access to a secured area of 
the seaport, if the program or amendment incorporates--
            (1) the measures the tenant will use, within the tenant's 
        leased areas or areas designated for the tenant's exclusive use 
        under an agreement with the port authority, to carry out the 
        security requirements imposed by the Secretary on the port 
        authority; and
            (2) the methods the port authority will use to monitor and 
        audit the tenant's compliance with the security requirements.
    (d) Incorporation of Other Security Programs and Laws.--
Notwithstanding the requirements of subsection (b)(3), the Captain-of-
the-Port may approve a security program of a port authority, or an 
existing program, that incorporates a Federal, State, or local security 
program, policy, or law. In reviewing any such program, the Captain-of-
the-Port shall--
            (1) endeavor to avoid duplication and to recognize the 
        Federal, State, or local security program or policy; and
            (2) ensure that no security program established under 
        subsection (b)(3) conflicts with any applicable provision of 
        Federal, State, or local law.
    (e) Review and Approval of Security Programs.--
            (1) In general.--The Captain-of-the-Port shall review and 
        approve or disapprove each security program established under 
        subsection (b). If the Captain-of-the-Port disapproves a 
        security program, then--
                    (A) the Captain-of-the-Port shall, without 
                compromising national security, notify the port 
                authority or marine terminal operator, or other entity 
                determined by the local seaport security committee to 
                be connected or affiliated with maritime commerce in 
                writing of the reasons for the disapproval; and
                    (B) the port authority or marine terminal operator, 
                or other entity determined by the local seaport 
                security committee to be connected or affiliated with 
                maritime commerce shall submit a revised security plan 
within 6 months after receiving the notification of disapproval.
    (f) 5-Year Reviews.--Whenever appropriate, but in no event less 
frequently than once every 5 years, each port authority or marine 
terminal operator required to develop a security program under this 
section shall review its program, make such revisions to the program as 
are necessary or appropriate, and submit the results of its review and 
the revised program to the Captain-of-the-Port.
    (g) Use of IAFIS for Background Checks.--
            (1) In general.--The Secretary shall initiate a rulemaking 
        within 90 days after the date of enactment of this Act to 
        establish a program under which a port authority or marine 
        terminal operator may use an automated fingerprint 
        identification system for employees first hired after the 
        program is implemented who may have access to ocean manifests 
        in the scope of their employment.
            (2) Use of iafis.--Notwithstanding any provision of law to 
        the contrary, the Secretary may access the Integrated Automated 
        Fingerprint Identification System for the purpose of carrying 
        out the requirements of this Act.
            (3) Privacy and procedural safeguards.--The program 
        established by the Secretary under paragraph (1) shall include 
        provisions for protecting the privacy of individuals whose 
        fingerprints are examined, and incorporate the following 
        principles:
                    (A) Notice of the criteria to be used under the 
                program shall be published and publicly available.
                    (B) Except as provided in subparagraph (C), a 
                felony conviction for any of the following offenses 
                constitutes grounds for disqualification of an 
                individual to whom the program applies from employment 
                in a position in which the individual would have access 
                to ocean manifests in the scope of that individual's 
                employment:
                            (i) Murder.
                            (ii) Espionage.
                            (iii) Treason.
                            (iv) The unlawful sale or distribution of 
                        an explosive or weapon.
                            (v) The unlawful importation, manufacture, 
                        or distribution or intention to distribute 
                        controlled substances.
                            (vi) Theft.
                            (vii) Kidnapping.
                            (viii) Smuggling, including the smuggling 
                        of alien individuals.
                            (ix) Bribery.
                            (x) Rape.
                            (xi) Assault.
                            (xii) Conspiracy to commit any offense 
                        described in clause (i) through (xi).
                    (C) Any conviction for which an individual 
                completed a term of imprisonment more than 10 years 
                before the date of application for employment shall be 
                ignored.
                    (D) Before an adverse determination is made about 
                the employment of an individual because of the 
                principle described in subparagraph (B)--
                            (i) consideration will be given to Federal 
                        and State mitigation remedies, parole, 
                        probation, pardon, and expungement procedures;
                            (ii) an inquiry will be made into the 
                        circumstances of the act or offense, the time 
                        elapsed since the act or offense was committed, 
                        any social or private restitution made by the 
                        individual who committed the act or offense, 
                        and any other mitigating circumstances; and
                            (iii) consideration shall be given to any 
                        other factors from which it may reasonably be 
                        concluded that the individual is unlikely to 
                        engage in criminal activity.
                    (E) An individual who is denied employment because 
                of information obtained through the program will be 
                given notice and an opportunity to appeal to the 
                Administrator of the Maritime Administration or the 
                Administrator's designee.
                    (F) Any information, other than information on 
                felony convictions described in subparagraph (B), shall 
                be kept confidential by the investigating authority and 
                may be used only for security purposes.
            (4) Reimbursement.--The Secretary may require reimbursement 
        from port authorities and marine terminal operators for use of 
        the Integrated Automated Fingerprint Identification System.
    (h) No Erosion of Other Authority.--Nothing in this section 
precludes any agency, instrumentality, or department of the United 
States Government from exercising, or limits its authority to exercise, 
any other statutory or regulatory authority to initiate or enforce 
seaport security standards.

SEC. 6. SECURITY PROGRAM GUIDANCE.

    (a) In General.--The Secretary, in consultation with the Task 
Force, shall develop voluntary security guidance that will serve as a 
benchmark for the review of security plans that--
            (1) are linked to the Captain-of-the-Port authorities for 
        maritime trade;
            (2) include a set of recommended ``best practices'' 
        guidelines for the use of maritime terminal operators; and
            (3) take into account the different nature and 
        characteristics of United States seaports and the need to 
        promote commerce.
    (b) Revision.--The Secretary, in consultation with the Task Force, 
shall review the guidelines developed under subsection (a) not less 
frequently than every 5 years and revise them as necessary.
    (c) Areas Covered.--The guidance developed under subsection (a) 
shall include the following areas:
            (1) General security.--The establishment of practices for 
        physical security of seaport areas and approaches, procedural 
        security for processing passengers, cargo, crewmembers, and 
        other individuals seeking access to port facilities, and 
        personnel security for individual employees and service 
        providers.
            (2) Access to seaport areas and facilities.--The use of a 
        credentials process, administered by public or private sector 
        security services, designed to ensure that individuals and 
        service providers have properly gained admittance to seaport 
        areas and facilities.
            (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, ensuring that credentialed 
        persons have efficient and safe procedures for gaining 
        admittance to seaport areas and related facilities.
            (4) Firearms.--Restrictions on carrying firearms, and other 
        prohibited weapons.
            (5) Certification of security officers.--A security officer 
        certification program to improve the professionalism of State 
        and local law enforcement personnel, port authority law 
        enforcement and security personnel, and private sector security 
        personnel.

SEC. 7. INTERNATIONAL SEAPORT SECURITY.

    (a) International Application.--The Secretary shall make every 
effort to have the guidance developed under section 6(a) adopted by 
appropriate international organizations as an international standard 
and shall, acting through appropriate officers of the United States 
Government, seek to encourage the development and adoption of seaport 
security standards under international agreements in other countries 
where adoption of the same or similar standards might be appropriate.
    (b) International Port Security Improvement Activities.--
            (1) In general.--The Secretary shall establish a program to 
        assist foreign seaport operators in identifying port security 
        risks, conducting port security vulnerability assessments, and 
        implementing port security standards.
            (2) Identification of strategic foreign ports.--The 
        Secretary shall work with the Secretary of Defense and the 
        Attorney General to identify those foreign seaports where 
        inadequate security or a high level of port security 
        vulnerability poses a strategic threat to United States defense 
        interests or may be implicated in criminal activity in the 
        United States.
            (3) Dissemination of information abroad.--The Secretary 
        shall work with the Secretary of State to facilitate the 
        dissemination of seaport security program information to port 
        authorities and marine terminal operators in other countries.
    (c) Funding.--Of the amounts made available under section 15(b) 
there shall be made available to the Secretary $500,000 for each of 
fiscal years 2003 through 2006 without further appropriation to carry 
out this section, such sums to remain available until expended.

SEC. 8. MARITIME SECURITY PROFESSIONAL TRAINING.

    (a) In General.--The Secretary shall establish a program, in 
consultation with the Federal Law Enforcement Training Center, the 
Maritime Security Council, the International Association of Airport and 
Seaport Police, and the American Association of Port Authorities, to 
develop standards and procedures for training and certification of 
maritime security professionals.
    (b) Establishment of Security Institute.--The Secretary shall 
establish the Maritime Security Institute to train and certify maritime 
security professionals in accordance with internationally recognized 
law enforcement standards. Institute instructors shall be knowledgeable 
about Federal and international law enforcement, maritime security, and 
port and maritime operations.
    (c) Training and Certification.--The following individuals shall be 
eligible for training at the Institute:
            (1) Maritime security professionals.
            (2) Individuals who are employed, whether in the public or 
        private sector, in maritime law enforcement or security 
        activities.
            (3) Individuals who are employed, whether in the public or 
        private sector, in planning, executing, or managing security 
        operations--
                    (A) at United States ports;
                    (B) on passenger or cargo vessels with United 
                States citizens as passengers or crewmembers;
                    (C) in foreign ports used by United States-flagged 
                vessels or by foreign-flagged vessels with United 
                States citizens as passengers or crewmembers.
    (d) Program Elements.--The program established by the Secretary 
under subsection (a) shall include the following elements:
            (1) The development of standards and procedures for 
        certifying maritime security professionals, or eligible 
        individuals employed in the public or private sector.
            (2) The training and certification of maritime security 
        professionals and eligible individuals employed in the public 
        or private sector in accordance with internationally accepted 
        law enforcement and security guidelines, policies, and 
        procedures.
            (3) The training of students and instructors in all aspects 
        of prevention, detection, investigation, and reporting of 
        criminal activities in the international maritime environment.
            (4) The provision of offsite training and certification 
        courses and certified personnel at United States and foreign 
        ports used by United States-flagged vessels, or by foreign-
        flagged vessels with United States citizens as passengers or 
        crewmembers, to develop and enhance security awareness and 
        practices.
    (e) Annual Report.--The Institute shall transmit an annual report 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives on the expenditure of appropriated funds and the 
training and other activities of the Institute.
    (f) Funding.--Of the amounts made available under section 15(b), 
there shall be made available to the Secretary, without further 
appropriation, to carry out this section--
            (1) $2,500,000 for each of fiscal years 2003 and 2004, and
            (2) $1,000,000 for each of fiscal years 2005 and 2006,
such amounts to remain available until expended.

SEC. 9. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.

    (a) In General.--Title XI of the Merchant Marine Act, 1936 (46 
U.S.C. App. 1271 et seq.) is amended by adding at the end 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 Coast Guard, the United States Customs Service, and the Port 
Security Task Force established under section 2 of the Port and 
Maritime Security Act of 2001, 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 an eligible project for 
purposes of subsection (a) if it 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.

``SEC. 1114. GRANTS.

    ``(a) Financial Assistance.--The Secretary may provide financial 
assistance for eligible projects (within the meaning of that term under 
section 1113(d)).
    ``(b) Matching Requirements.--
            ``(1) 75-percent federal funding.--Except as provided in 
        paragraph (2), Federal funds for any eligible project under 
        this section shall not exceed 75 percent of the total cost of 
        such project. In calculating that percentage, the non-Federal 
        share of project costs may be provided by in-kind contributions 
        and other noncash support.
            ``(2) Exceptions.--
                    ``(A) Small projects.--There are no matching 
                requirements for grants under subsection (a) for 
                projects costing not more than $25,000.
                    ``(B) Higher level of support required.--If the 
                Secretary determines that a proposed project merits 
                support and cannot be undertaken without a higher rate 
                of Federal support, then the Secretary may approve 
                grants under this section with a matching requirement 
                other than that specified in paragraph (1).
    ``(c) Allocation.--The Secretary shall ensure that financial 
assistance provided under subsection (a) during a fiscal year is 
distributed so that funds are awarded for eligible projects that 
address emerging priorities or threats identified by the Task Force 
under section 4 of the Port and Maritime Security Act of 2001.
    ``(d) Project Proposals.--Each proposal for a grant under this 
section shall include the following:
            ``(1) The name of the individual or entity responsible for 
        conducting the project.
            ``(2) A succinct statement of the purposes of the project.
            ``(3) A description of the qualifications of the 
        individuals who will conduct the project.
            ``(4) An estimate of the funds and time required to 
        complete the project.
            ``(5) Evidence of support of the project by appropriate 
        representatives of States or territories of the United States 
        or other government jurisdictions in which the project will be 
        conducted.
            ``(6) Information regarding the source and amount of 
        matching funding available to the applicant, as appropriate.
            ``(7) Any other information the Secretary considers to be 
        necessary for evaluating the eligibility of the project for 
        funding under this title.''.
    (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 and 
grants made under section 1114 of that Act, as amended by this Act, 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) Funding.--Of amounts made available under section 15(b), there 
shall be made available to the Secretary of Transportation without 
further appropriation--
            (1) $8,000,000 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)),
            (2) $10,000,000 for each of such fiscal years for grants 
        under section 1114 of the Merchant Marine Act, 1936, as amended 
        by this Act, and
            (3) $2,000,000 for each such fiscal year to cover 
        administrative expenses related to loan guarantees and grants,
such amounts to remain available until expended.
    (d) Authorization of Appropriations.--In addition to the amounts 
made available under subsection (c)(2), there are authorized to be 
appropriated to the Secretary of Transportation for grants under 
section 1114 of the Merchant Marine Act, 1936, as amended by this Act, 
$10,000,000 for each of the fiscal years 2003, 2004, 2005, and 2006.

SEC. 10. SCREENING AND DETECTION EQUIPMENT.

    (a) Funding.--Of amounts made available under section 15(b), there 
shall be made available to the Secretary without further appropriation 
for the purchase of nonintrusive screening and detection equipment for 
use at United States seaports--
            (1) $15,000,000 for fiscal year 2003,
            (2) $16,000,000 for fiscal year 2004,
            (3) $18,000,000 for fiscal year 2005, and
            (4) $19,000,000 for fiscal year 2006,
such sums to remain available until expended.
    (b) Accounting.--The Secretary shall submit a report for each such 
fiscal year to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives on the expenditure of funds appropriated 
pursuant to this section.

SEC. 11. ANNUAL REPORT ON MARITIME SECURITY AND TERRORISM.

    Section 905 of the International Maritime and Port 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 2001, 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. 12. REVISION OF PORT SECURITY PLANNING GUIDE.

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

SEC. 13. SECRETARY OF TRANSPORTATION TO COORDINATE PORT-RELATED CRIME 
              DATA COLLECTION.

    (a) In General.--The Secretary of Transportation 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) that would indicate the port of entry, the port where 
        the shipment originated, and where the theft occurred, and 
        maintaining the confidentiality of shipper and carrier unless 
        voluntarily disclosed, and, if feasible, implement its capture;
            (3) if the capture of data under paragraph (2) is 
        feasible--
                    (A) 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; and
                    (B) if the harmonization of the reporting of such 
                data among the States is not feasible, evaluate the 
                feasibility of using private databases on cargo theft 
                and disseminating cargo theft information that 
                maintains the confidentiality of shipper and carrier to 
                the Captain of the Port of the port of entry for 
                further dissemination to appropriate law enforcement 
                officials; and
            (4) restrict the use of all data captured or disseminated 
        under this subsection to use by law enforcement authorities for 
        law enforcement or port security measures.
    (b) Report on Feasibility.--The Secretary of Transportation shall 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives within 1 year after the date of enactment of 
this Act on the feasibility of each activity authorized by subsection 
(a).
    (c) Funding.--Out of amounts made available under section 15(b), 
there shall be made available to the Secretary of Transportation, 
without further appropriation, $1,000,000 for each of fiscal years 
2003, 2004, 2005, and 2006, to modify existing data bases to capture 
data on cargo theft offenses and to make grants to States to harmonize 
data on cargo theft, such sums to remain available until expended.

SEC. 14. SHARED DOCKSIDE INSPECTION FACILITIES.

    (a) In General.--The Secretary of Transportation and the heads of 
other Federal departments and agencies 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) Funding.--Of the amounts made available under section 15(b), 
there shall be made available to the Secretary of the Transportation, 
without further appropriation, $1,000,000 for each of fiscal years 
2003, 2004, 2005, and 2006, such sums to remain available until 
expended, 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. 15. 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.--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) shall be made available in each 
of fiscal years 2003 through 2006 to carry out this Act, as provided in 
sections 2(g), 3(f), 4(f), 7(d), 8(f), 9(c), 10(a), 13(d), and 14(b).

SEC. 16. DEFINITIONS.

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