[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1214 Engrossed in Senate (ES)]
107th CONGRESS
1st Session
S. 1214
_______________________________________________________________________
AN ACT
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Port and Maritime
Security Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PORT AND MARITIME SECURITY
Sec. 101. Findings.
Sec. 102. National Maritime Security Advisory Committee.
Sec. 103. Initial security evaluations and port vulnerability
assessments.
Sec. 104. Establishment of local port security committees.
Sec. 105. Maritime facility security plans.
Sec. 106. Employment investigations and restrictions for security-
sensitive positions.
Sec. 107. Maritime domain awareness.
Sec. 108. International port security.
Sec. 109. Counter-terrorism and incident contingency plans.
Sec. 110. Maritime security professional training.
Sec. 111. Port security infrastructure improvement.
Sec. 112. Screening and detection equipment.
Sec. 113. Revision of port security planning guide.
Sec. 114. Shared dockside inspection facilities.
Sec. 115. Mandatory advanced electronic information for cargo and
passengers and other improved customs
reporting procedures.
Sec. 116. Prearrival messages from vessels destined to United States
ports.
Sec. 117. Maritime safety and security teams.
Sec. 118. Research and development for crime and terrorism prevention
and detection technology.
Sec. 119. Extension of seaward jurisdiction.
Sec. 120. Suspension of limitation on strength of Coast Guard.
Sec. 121. Additional reports.
Sec. 122. 4-year reauthorization of tonnage duties.
Sec. 123 Definitions.
TITLE II--ADDITIONAL MARITIME SAFETY AND SECURITY RELATED MEASURES
Sec. 201. Extension of Deepwater Port Act to natural gas.
Sec. 202. Assignment of Coast Guard personnel as sea marshals and
enhanced use of other security personnel.
Sec. 203. National Maritime Transportation Security Plan.
Sec. 204. Area maritime security committees and area maritime security
plans.
Sec. 205. Vessel security plans.
Sec. 206. Protection of security-related information.
Sec. 207. Enhanced cargo identification and tracking.
Sec. 208. Enhanced crewmember identification.
TITLE I--PORT AND MARITIME SECURITY
SEC. 101. FINDINGS.
The Congress makes the following findings:
(1) There are 361 public ports 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 ports conduct over 95 percent of United
States overseas trade. Over the next 20 years, the total volume
of imported and exported goods at ports is expected to more
than double.
(3) The variety of trade and commerce that are carried out
at ports has greatly expanded. Bulk cargo, containerized cargo,
passenger transport and tourism, intermodal transportation
systems, and complex domestic and international trade
relationships have significantly changed the nature, conduct,
and complexity of port commerce.
(4) The United States is increasingly dependent on imported
energy for a substantial share of supply, and a disruption of
supply would seriously harm consumers and our economy.
(5) The top 50 ports in the United States account for about
90 percent of all the cargo tonnage. Twenty-five United States
ports account for 98 percent of all container shipments. Cruise
ships visiting foreign destinations embark from 16 ports.
Ferries in the United States transport 113,000,000 passengers
and 32,000,000 vehicles per year.
(6) In the larger ports, 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.
(7) Ports 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 port cities. Ports that accept
international cargo have a higher risk of international crimes
like drug and alien smuggling and trade fraud.
(8) Ports are often very open and exposed and, by the very
nature of their role in promoting the free flow of commerce,
are susceptible to large scale terrorism that could pose a
threat to coastal, Great Lake, or riverain populations. Port
terrorism could pose a significant threat to the ability of the
United States to pursue its national security objectives.
(9) United States ports are international boundaries,
however, unlike United States airports and land borders, United
States ports receive no Federal funds for security
infrastructure.
(10) Current inspection levels of containerized cargo are
insufficient to counter potential security risks. Technology is
currently not adequately deployed to allow for the nonintrusive
inspection of containerized cargo. Additional promising
technology is in the process of being developed that could
inspect cargo in a nonintrusive and efficient fashion.
(11) The burgeoning cruise ship industry poses a special
risk from a security perspective.
(12) Effective physical security and access control in
ports is fundamental to deterring and preventing potential
threats to port operations, and cargo shipments.
(13) Securing entry points, open storage areas, and
warehouses throughout the port, controlling the movements of
trucks transporting cargo through the port, and examining or
inspecting containers, warehouses, and ships at berth or in the
harbor are all important requirements that should be
implemented.
(14) Identification procedures for arriving workers are
important tools to deter and prevent port cargo crimes,
smuggling, and terrorist actions.
(15) On April 27, 1999, the President established the
Interagency Commission on Crime and Security in United States
Ports to undertake a comprehensive study of the nature and
extent of the problem of crime in our ports, as well as the
ways in which governments at all levels are responding.
(16) The Commission has issued findings that indicate the
following:
(A) Frequent crimes in ports include drug
smuggling, illegal car exports, fraud (including
Intellectual Property Rights and other trade
violations), and cargo theft.
(B) Data about crime in ports has been very
difficult to collect.
(C) Internal conspiracies are an issue at many
ports, and contribute to Federal crime.
(D) Intelligence and information sharing among law
enforcement agencies needs to be improved and
coordinated at many ports.
(E) Many ports do not have any idea about the
threats they face from crime, terrorism, and other
security-related activities because of a lack of
credible threat information.
(F) A lack of minimum physical, procedural, and
personnel security standards at ports and at terminals,
warehouses, trucking firms, and related facilities
leaves many ports and port users vulnerable to theft,
pilferage, and unauthorized access by criminals.
(G) Access to ports and operations within ports is
often uncontrolled.
(H) Coordination and cooperation between law
enforcement agencies in the field is often fragmented.
(I) Meetings between law enforcement personnel,
carriers, marine terminal operators, and port
authorities regarding security are not being held
routinely in the ports. 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
ports.
(K) Detection equipment such as large-scale x-ray
machines is lacking at many high-risk ports.
(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 ports 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.
(17) United States ports 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 or target for terrorist
attacks aimed at the population of the United States.
(18) It is in the best interests of the United States--
(A) to be mindful that United States ports are
international ports of entry and that the primary
obligation for the security of international ports of
entry lies with the Federal government;
(B) to be mindful of the need for the free flow of
interstate and foreign commerce and the need to ensure
the efficient movement of cargo in interstate and
foreign commerce and the need for increased
efficiencies to address trade gains;
(C) to increase United States port security by
establishing a better method of communication amongst
law enforcement officials responsible for port
boundary, security, and trade issues;
(D) to formulate requirements for physical port
security, recognizing the different character and
nature of United States ports, and to require the
establishment of security programs at ports;
(E) to provide financial incentives to help the
States and private sector to increase physical security
of United States ports;
(F) to invest in long-term technology to facilitate
the private sector development of technology that will
assist in the nonintrusive timely detection of crime or
potential crime;
(G) to harmonize data collection on port-related
and other cargo theft, in order to address areas of
potential threat to safety and security;
(H) to create shared inspection facilities to help
facilitate the timely and efficient inspection of
people and cargo in United States ports;
(I) to improve Customs reporting procedures to
enhance the potential detection of crime in advance of
arrival or departure of cargoes; and
(J) to promote private sector procedures that
provide for in-transit visibility and support law
enforcement efforts directed at managing the security
risks of cargo shipments.
SEC. 102. NATIONAL MARITIME SECURITY ADVISORY COMMITTEE.
(a) In General.--Section 7 of the Ports and Waterways Safety Act
(33 U.S.C. 1226) is amended by adding at the end the following:
``(d) National Maritime Security Advisory Committee.--
``(1) In general.--The Secretary shall establish a National
Maritime Security Advisory Committee, comprised of not more
than 21 members appointed by the Secretary. The Secretary may
require that a prospective member undergo a background check or
obtain an appropriate security clearance before appointment.
``(2) Organization.--The Secretary--
``(A) shall designate a chairperson of the Advisory
Committee;
``(B) shall approve a charter, including such
procedures and rules as the Secretary deems necessary
for the operation of the Advisory Committee;
``(C) shall establish a law enforcement
subcommittee and, with the consent of the Secretary of
the Treasury and the Attorney General, respectively,
include as members of the subcommittee representatives
from the Customs Service and the Immigration and
Naturalization Service;
``(D) may establish other subcommittees to
facilitate consideration of specific issues, including
maritime and port security, border protection, and
maritime domain awareness issues, the potential effects
on national energy security, the United States economy,
and the environment of disruptions of crude oil,
refined petroleum products, liquified natural gas, and
other energy sources; and
``(E) may invite the participation of other Federal
agencies and of State and local government agencies of
State, including law enforcement agencies, with an
interest or expertise in anti-terrorism or maritime and
port security and safety related issues.
``(3) Material and mission support.--In carrying out this
subsection, the Secretary may accept contributions of funds,
material, services, and the use of personnel and facilities
from public or private entities, by contract or other
arrangement, if the confidentiality of security-sensitive
information is maintained and access to such information is
limited appropriately. The Secretary shall deposit any funds
accepted under this paragraph as miscellaneous receipts in the
general fund of the Treasury.
``(4) Functions.--The Advisory Committee shall--
``(A) advise, consult with, report to, and make
recommendations to the Secretary on ways to enhance the
security and safety of United States ports; and
``(B) provide advice and recommendations to the
Secretary on matters related to maritime and port
security and safety, including--
``(i) longterm solutions for maritime and
port security issues;
``(ii) coordination of security and safety
operations and information between and among
Federal, State, and local governments and area
and local port security committees and harbor
safety committees;
``(iii) conditions for maritime security
and safety loan guarantees and grants;
``(iv) development of a National Maritime
Transportation Security Plan;
``(v) development and implementation of
area and local maritime security plans;
``(vi) protection of port energy
transportation facilities; and
``(vii) helping to ensure that the public
and area and local port security committees are
kept informed about maritime security
enhancement developments.
``(5) Termination.--The Advisory Committee shall terminate
on September 30, 2005.''.
(b) Funding for FYs 2003-2005.--Of the amounts made available under
section 122(b) there may be made available to the Secretary of
Transportation for activities of the National Maritime Security
Advisory Committee established under section 7(d) of the Ports and
Waterways Safety Act (33 U.S.C. 1226(d)) $1,000,000 for each of fiscal
years 2003 through 2005, such sums to remain available until expended.
(c) Authorization of Appropriations for FY 2002.--There are
authorized to be appropriated to the Secretary of Transportation
$1,000,000 for fiscal year 2002 for activities of the Advisory
Committee, such sums to remain available until expended.
SEC. 103. INITIAL SECURITY EVALUATIONS AND PORT VULNERABILITY
ASSESSMENTS.
(a) In General.--Section 7 of the Ports and Waterways Safety Act
(33 U.S.C. 1226), as amended by section 102, is further amended by
adding at the end the following:
``(e) Initial Security Evaluations and Port Vulnerability
Assessments.--
``(1) Development of standards.--The Secretary, in
consultation with appropriate public and private sector
officials and organizations, shall develop standards and
procedures for conducting initial security evaluations and port
vulnerability assessments.
``(2) Initial security evaluations.--The Secretary shall
conduct an initial security evaluation of all port authorities,
waterfront facilities, and public or commercial structures
located within or adjacent to the marine environment. The
Secretary shall consult the local port security committee while
developing the initial security evaluation, and may require
each port authority, waterfront facility operator, or operator
of a public or commercial structure located within or adjacent
to the marine environment to submit security information for
review by the local port security committee.
``(3) Port vulnerability assessments.--The Secretary shall
review initial security evaluations and conduct a port
vulnerability assessment for each port for which the Secretary
determines such an assessment is appropriate. If a port
vulnerability assessment has been conducted within 5 years by
or on behalf of a port authority or marine terminal operator,
and the Secretary determines that it was conducted in a manner
that is generally consistent with the standards and procedures
specified under this subsection, the Secretary may accept that
assessment rather than conducting another port vulnerability
assessment for that port.
``(4) Review and comment opportunity.--The Secretary shall
make each initial security evaluation and port vulnerability
assessment for a port available for review and comment by the
local port security committee, officials of the port authority,
marine terminal operator representatives, and representatives
of other entities connected to or affiliated with maritime
commerce or port security as the Secretary determines to be
appropriate, based on the recommendations of the local port
security committee.
``(5) Unauthorized disclosure.--The Secretary shall ensure
that all initial security evaluations, port vulnerability
assessments, and any associated materials are properly
safeguarded from unauthorized disclosure.
``(6) Material and mission support.--In carrying out
responsibilities under this Act, the Secretary may accept
contributions of funds, material, services, and the use of
personnel and facilities from public and private entities by
contract or other arrangement if the confidentiality of
security-sensitive information is maintained and access to such
information is limited appropriately. The Secretary shall
deposit any funds accepted under this section as miscellaneous
receipts in the general fund of the Treasury.''.
(b) Funding.--Of the amounts made available under section 122(b)
there may be made available to the Secretary $10,000,000 for each of
fiscal years 2003 through 2006 to carry out section 7(e) of the Ports
and Waterways Safety Act (33 U.S.C. 1226(e)), such sums to remain
available until expended.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $20,000,000 for fiscal year 2002 to carry
out section 7(e) of the Ports and Waterways Safety Act (33 U.S.C.
1226(e)), such sums to remain available until expended.
SEC. 104. ESTABLISHMENT OF LOCAL PORT SECURITY COMMITTEES.
(a) In General.--Section 7 of the Ports and Waterways Safety Act
(33 U.S.C. 1226), as amended by section 103, is further amended by
adding at the end the following:
``(f) Local Port Security Committees.--
``(1) Establishment.--The Secretary shall establish local
port security committees.
``(2) Functions.--A local port security committees
established under this subsection shall--
``(A) help coordinate planning and other port
security activities;
``(B) help make use of, and disseminate the
information made available under this section;
``(C) make recommendations concerning initial
security evaluations and port vulnerability assessments
by identifying the unique characteristics of each port;
``(D) assist in the review of port vulnerability
assessments promulgated under this section;
``(E) assist in implementing the guidance
promulgated under this section;
``(F) annually review maritime security plans for
each local port authority, waterfront facility
operator, or operator of a public or commercial
structure located within or adjacent to the marine
environment; and
``(G) assist the Captain-of-the-Port in conducting
a field security exercise at least once every 3 years
to verify the effectiveness of one or more maritime
security plans for a local port authority, waterfront
facility operator, or operator of a public or
commercial structure located within or adjacent to the
marine environment.
``(3) Use of existing committees.--In establishing these
local port security committees, the Secretary may use or
augment any existing port or harbor safety committee or port
readiness committee, if the membership of the port security
committee includes representatives of--
``(A) the port authority or authorities;
``(B) Federal, State and local government;
``(C) Federal, State, and local law enforcement
agencies;
``(D) longshore labor organizations or
transportation workers;
``(E) local port-related business officials or
management organizations;
``(F) shipping companies, vessel owners, terminal
owners and operators, truck, rail and pipeline
operators, where such are in operation; and
``(G) other persons or organizations whose
inclusion is deemed beneficial by the Captain of the
Port or the Secretary.
``(4) Chair.--Each local port security committee shall be
chaired by the Captain-of-the-Port.
``(5) Jurisdiction.--Each port may have a separate port
security committee or, at the discretion of the Captain-of-the-
Port, a Captain-of-the-Port zone may have a single port
security committee covering all ports within that zone.
``(6) Quarterly meetings.--The port security committee
shall meet at least 4 times each year at the call of the
Chairperson.
``(7) FACA not applicable.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to a port security committee
established under this subsection.
``(8) Material and mission support.--In carrying out
responsibilities under this Act, the Secretary may accept
contributions of funds, material, services, and the use of
personnel and facilities from public and private entities by
contract or other arrangement if the confidentiality of
security-sensitive information is maintained and access to such
information is limited appropriately. The Secretary shall
deposit any funds accepted under this section as miscellaneous
receipts in the general fund of the United States Treasury.''.
(b) Funding.--Of the amounts made available under section 122(b)
there may be made available to the Secretary $3,000,000 for each of
fiscal years 2003 through 2006 to carry out section 7(f) of the Ports
and Waterways Safety Act (33 U.S.C. 1226(f)), such sums to remain
available until expended.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $5,000,000 for each of fiscal years 2002
and 2003 to carry out section 7(f) of the Ports and Waterways Safety
Act (33 U.S.C. 1226(f)), such sums to remain available until expended.
SEC. 105. MARITIME FACILITY SECURITY PLANS.
Section 7 of the Ports and Waterways Safety Act, (33 U.S.C. 1226),
as amended by section 104, is further amended by adding at the end the
following:
``(g) Maritime Facility Security Plans.--
``(1) Regulations to establish requirement.--The Secretary,
after consultation with the Secretary of the Treasury and the
Attorney General, shall issue regulations establishing
requirements for submission of a maritime facility security
plan, as the Secretary determines necessary, by each port
authority, waterfront facility operator, or operator of a
public or commercial structure located within or adjacent to
the marine environment (as defined in section 2101(15) of title
46, United States Code). The Secretary shall ensure that the
local port security committee is consulted in the development
of a maritime facility security plan under those regulations.
``(2) Purpose; specificity; content.--
``(A) Purpose.--A maritime facility security plan
shall provide a law enforcement program and capability
at the port that is adequate to safeguard the public
and to improve the response to threats of crime and
terrorism.
``(B) Specificity.--Notwithstanding other
provisions of this Act, the Secretary may impose
specific, or different requirements on individual
ports, port authorities, marine terminal operators or
other entities required to submit a maritime facility
security plan under regulations promulgated under this
subsection.
``(C) Content.--A maritime facility security plan
shall include--
``(i) provisions for establishing and
maintaining physical security for port areas
and approaches, including establishing, as
necessary, controlled access areas and secure
perimeters within waterfront facilities and
other public or commercial structures located
within or adjacent to the marine environment;
``(ii) provisions for establishing and
maintaining procedural security for processing
passengers, cargo, and crewmembers, and
security for employees and service providers;
``(iii) a credentialing requirement to
limit access to waterfront facilities and other
public or commercial structures located within
or adjacent to the marine environment, designed
to ensure that only authorized individuals and
service providers gain admittance;
``(iv) a credentialing requirement to limit
access to controlled areas and security-
sensitive information;
``(v) provisions for restricting vehicular
access, as necessary, to designated port areas
or facilities;
``(vi) provisions for restricting the
introduction of firearms and other dangerous
weapons, as necessary, to designated port areas
or facilities;
``(vii) provisions for the use of
appropriately qualified private security
officers or qualified State, local, or private
law enforcement personnel;
``(viii) procedures for evacuation of
people from port areas in the event of a
terrorist attack or other emergency;
``(ix) a process for assessment and
evaluation of the safety and security of port
areas before port operations are resumed after
a terrorist attack or other emergency; and
``(x) any other information the Secretary
requires.
``(3) Incorporation of existing security plans.--The
Secretary may approve a maritime facility security plan, or an
amendment to an existing program or plan, that incorporates--
``(A) a security program of a marine terminal
operator tenant with access to a secured area of the
port, under such conditions as the Secretary deems
appropriate; or
``(B) a maritime facility security plan of a port
authority that incorporates a State or local security
program, policy, or law.
``(4) Approval process.--
``(A) In general.--The Secretary shall review and
approve or disapprove each maritime facility security
plan submitted under regulations promulgated under this
subsection.
``(B) Resubmission of disapproved plans.--If the
Secretary disapproves a maritime facility security
plan--
``(i) the Secretary shall notify the plan
submitter in writing of the reasons for the
disapproval; and
``(ii) the submitter shall submit a revised
maritime facility security plan within 180 days
after receiving the notification of
disapproval.
``(5) Periodic review and resubmission.--Whenever
appropriate, but no less frequently than once every 5 years,
each port authority, marine terminal operator or other entity
required to submit a maritime facility security plan under
regulations promulgated under this subsection shall review its
plan, make necessary or appropriate revisions, and submit the
results of its review and revised plan to the Secretary.
``(6) Interim security measures.--The Secretary shall
require each port authority, waterfront facility operator, or
operator of a public or commercial structure located within or
adjacent to the marine environment, to implement any necessary
security measures, including the establishment of a secure
perimeter and positive access controls, until the maritime
facility security plan for that port authority, waterfront
facility operator, or operator of a public or commercial
structure located within or adjacent to the marine environment
is approved.''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $3,500,000 for each of fiscal years 2002
through 2006 to carry out section 7(g) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(g)), such sums to remain available until
expended.
SEC. 106. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS FOR SECURITY-
SENSITIVE POSITIONS.
Section 7 of the Ports and Waterways Safety Act, (33 U.S.C. 1226),
as amended by section 105, is further amended by adding at the end the
following:
``(h) Designation Of Controlled Access Areas; Protection Of
Security-Sensitive Information; Employment Investigations And Criminal
History Record Checks.--
``(1) Access areas; restricted information regulations.--
The Secretary, after consultation with the Secretary of the
Treasury and the Attorney General, shall prescribe regulations
to--
``(A) require, as necessary, the designation of
controlled access areas in the maritime facility
security plan for each waterfront facility and other
public or commercial structure located within or
adjacent to the marine environment; and
``(B) limit access to security-sensitive
information, such as passenger and cargo manifests.
``(2) Screening; background checks.--In prescribing access
limitations under this section, the Secretary may--
``(A) require that persons entering or exiting
secure, restricted, or controlled access areas undergo
physical screening;
``(B) require appropriate escorts for persons
without proper clearances or credentials; and
``(C) require employment investigations and
criminal history record checks to ensure that
individuals who have unrestricted access to controlled
areas or have access to security-sensitive information
do not pose a threat to national security or to the
safety and security of maritime commerce.
``(3) Disqualification from new or continued employment.--
An individual may not be employed in a security-sensitive
position at any waterfront facility or other public or
commercial structure located within or adjacent to the marine
environment if--
``(A) the individual does not meet other criteria
established by the Secretary; or
``(B) a background investigation or criminal
records check reveals that--
``(i) within the previous 7 years the
individual was convicted, or found not guilty
by reason of insanity of an offense described
in paragraph (4); or
``(ii) within the previous 5 years was
released from incarceration for committing an
offense described in paragraph (4).
``(4) Disqualifying offenses.--The offenses referred to in
paragraph (3)(B) are the following:
``(A) Murder.
``(B) Assault with intent to murder.
``(C) Espionage.
``(D) Sedition.
``(E) Treason.
``(F) Rape.
``(G) Kidnaping.
``(H) Unlawful possession, sale, distribution,
importation, or manufacture of an explosive or weapon.
``(I) Extortion.
``(J) Armed or felony unarmed robbery.
``(K) Importation, manufacture, or distribution of,
or intent to distribute, a controlled substance.
``(L) A felony involving a threat.
``(M) A felony involving willful destruction of
property.
``(N) Smuggling.
``(O) Theft of property in the custody of the
United States Customs Service.
``(P) Attempt to commit, or conspiracy to commit
any of the offenses referred to in subparagraphs (A)
through (O).
``(5) Alternative arrangements.--Notwithstanding paragraph
(1), an individual may be employed in a security-sensitive
position although that individual would otherwise be
disqualified from such employment if the employer establishes
alternate security arrangements acceptable to the Secretary.
``(6) Appeals process.--The Secretary shall establish an
appeals process under this section for individuals found to be
ineligible for employment under paragraph (3) that includes
notice and an opportunity for a hearing.
``(7) Access to databases.--Notwithstanding any other
provision of law to the contrary, but subject to existing or
new procedural safeguards imposed by the Attorney General, the
Secretary is authorized to access the Federal Bureau of
Investigation's Integrated Automatic Fingerprinting
Identification System, the Fingerprint Identification Record
System, the Interstate Identification Index, the National Crime
Identification System, and the Integrated Entry and Exit Data
System for the purpose of conducting or verifying the results
of any background investigation or criminal records check
required by this subsection.
``(8) Restrictions on use and maintenance of information.--
``(A) Secretary may give results of investigation
to employers.--The Secretary may transmit the results
of a background check or criminal records check to a
port authority, marine terminal operator, or other
entity the Secretary determines necessary for carrying
out the requirements of this subsection.
``(B) FOIA not to apply.--Information obtained by
the Secretary under this subsection may not be made
available to the public under section 552 of title 5,
United States Code.
``(C) Confidentiality.--Except to the extent
necessary to carry out this subsection, any information
other than criminal acts or offenses constituting
grounds for ineligibility for employment under
paragraph (3) shall be maintained confidentially by the
Secretary and may be used only for making
determinations under this section.
``(9) Effectiveness audits.--The Secretary shall provide
for the periodic audit of the effectiveness of employment
investigations and criminal history record checks required by
this subsection.
``(10) User fees.--
``(A) In general.--The Secretary and the Attorney
General shall establish and collect reasonable fees to
pay expenses incurred by the Federal government in
carrying out any investigation, criminal history record
check, fingerprinting, or identification verification
services provided for under this subsection.
``(B) Deposit of amount received.--Amounts received
by the Attorney General or Secretary under this section
shall be credited to the account in the Treasury from
which the expenses were incurred as offsetting
collections and shall be available to the Attorney
General and the Secretary upon the approval of
Congress.
``(11) Subsection not in derogation of other authority.--
Nothing in this subsection restricts 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 or enforce port
security standards.''.
SEC. 107. MARITIME DOMAIN AWARENESS.
(a) In General.--The Secretary shall conduct a study on ways to
enhance maritime domain awareness through improved collection and
coordination of maritime intelligence and submit a report on the
findings of that study to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(b) Specific Matters To Be Addressed.--In the study, the Secretary
shall--
(1) identify actions and resources necessary for multi-
agency cooperative efforts to improve the maritime security of
the United States;
(2) specifically address measures necessary to ensure the
effective collection, dissemination, and interpretation of
maritime intelligence and data, information resource management
and database requirements, architectural measures for cross-
agency integration, data sharing, correlation and safeguarding
of data, and cooperative analysis to identify and effectively
respond to threats to maritime security;
(3) estimate the potential costs of establishing and
operating such a new or linked database and provides
recommendations on what agencies should contribute to the cost
of its operation;
(4) evaluate the feasibility of establishing a joint
interagency task force on maritime intelligence;
(5) estimate of potential costs and benefits of utilizing
commercial supercomputing platforms and data bases to enhance
information collection and analysis capabilities across
multiple Federal agencies; and
(6) provide a suggested time frame for the development of
such a system or database.
(c) Participation of Other Agencies.--The Secretary shall consult
with the Director of Central Intelligence, the Secretary of State, the
Secretary of the Treasury, the Secretary of Defense, the Attorney
General, the Secretary of Agriculture, the Secretary of Commerce, the
Secretary of Energy, the Director of the Federal Emergency Management
Agency, and the heads of other departments and agencies as necessary
and invite their participation in the preparation of the study and
report required by subsection (a).
(d) Deadline.--The Secretary shall submit the report required by
subsection (a) within 180 days after the date of enactment of this Act.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $500,000 in fiscal year 2002 to carry out
this section.
SEC. 108. INTERNATIONAL PORT SECURITY.
(a) In General.--Part A of subtitle II of title 46, United States
Code, is amended by adding at the end the following:
``CHAPTER 25. INTERNATIONAL PORT SECURITY.
``Sec.
``2501. Assessment.
``2502. Notifying foreign authorities.
``2503. Actions when ports not maintaining and carrying out effective
security measures.
``2504. Travel advisories concerning security at foreign ports.
``2505. Suspensions.
``2506. Acceptance of contributions; joint venture arrangements.
``Sec. 2501. Assessment
``(a) In General.--At intervals the Secretary of Transportation
considers necessary, the Secretary shall assess the effectiveness of
the security measures maintained at--
``(1) a foreign port--
``(A) served by vessels of the United States;
``(B) from which foreign vessels serve the United
States; or
``(C) that poses a high risk of introducing danger
to United States ports and waterways, United States
citizens, vessels of the United States or any other
United States interests; and
``(2) any other foreign port the Secretary considers
appropriate.
``(b) Procedures and Standards.--The Secretary shall conduct an
assessment under subsection (a) of this section--
``(1) in consultation with appropriate authorities of the
government of the foreign country concerned and operators of
vessels of the United States serving the foreign port for which
the Secretary is conducting the assessment;
``(2) to establish the extent to which a foreign port
effectively maintains and carries out internationally
recognized security measures; and
``(3) by using a standard based on the standards for port
security and recommended practices of the International
Maritime Organization and other appropriate international
organizations.
``(c) Consultation.--In carrying out this section, the Secretary
shall consult with--
``(1) the Secretary of State--
``(A) on the terrorist or relevant criminal threat
that exists in each country involved; and
``(B) identify foreign ports that--
``(i) are not under the de facto control of
the government of the foreign country in which
they are located; and
``(ii) pose a high risk of introducing
danger to international maritime commerce; and
``(2) the Secretary of the Treasury and coordinate any such
assessment with the United States Customs Service.
``Sec. 2502. Notifying foreign authorities
``(a) Dissemination of Information about the Program.--The
Secretary shall work with the Secretary of State to facilitate the
dissemination of port security program information to port authorities
and marine terminal operators in other countries.
``(b) Specific Notifications.--If the Secretary of Transportation,
after conducting an assessment under section 2501, finds that a port
does not maintain and carry out effective security measures, the
Secretary, through the Secretary of State, shall notify the appropriate
authorities of the government of the foreign country of the finding and
recommend the steps necessary to bring the security measures in use at
the port up to the standard used by the Secretary of Transportation in
making the assessment.
``Sec. 2503. Actions when ports not maintaining and carrying out
effective security measures
``(a) In General.--If the Secretary of Transportation finds that a
port does not maintain and carry out effective security measures--
``(1) the Secretary shall--
``(A) in consultation with the Secretaries of
State, Treasury, Agriculture, and the Attorney General,
develop measures to protect the safety and security of
United States ports from risks related to vessels
arriving from a foreign port that does not maintain an
acceptable level of security;
``(B) publish the identity of the port in the
Federal Register;
``(C) have the identity of the port posted and
displayed prominently at all United States ports at
which scheduled passenger carriage is provided
regularly to that port; and
``(D) require each United States and foreign vessel
providing transportation between the United States and
the port to provide written notice of the decision, on
or with the ticket, to each passenger buying a ticket
for transportation between the United States and the
port;
``(2) the Secretary may, after consultation with the
Secretaries of State and of the Treasury, prescribe conditions
of port entry into the United States for any vessel arriving
from a port determined under this subsection to maintain
ineffective security measures, or any vessel carrying cargo
originating from or transshipped through such a port, including
refusing entry, inspection, or any other condition as the
Secretary determines may be necessary to ensure the safety of
United States ports and waterways; and
``(3) the Secretary may prohibit a United States or foreign
vessel from providing transportation between the United States
and any other foreign port that is served by vessels navigating
to or from a port found not to maintain and carry out effective
security measures.
``(b) Effective Date for Sanctions.--Any action taken by the
Secretary under subsection (a) for a particular port shall take
effect--
``(1) 90 days after the government of the foreign country
with jurisdiction or control of that port is notified under
section 2502 unless the Secretary finds that the government has
brought the security measures at the port up to the standard
the Secretary used in making an assessment under section 2501
before the end of that 90-day period; or
``(2) immediately upon the determination of the Secretary
under subsection (a) if the Secretary finds, after consulting
with the Secretary of State, that a condition exists that
threatens the safety or security of passengers, vessels, or
crew traveling to or from the port.
``(c) State Department To Be Notified.--The Secretary immediately
shall notify the Secretary of State of a finding that a port does not
maintain and carry out effective security measures so that the
Secretary of State may issue a travel advisory.
``(d) Congressional Notification Required.--The Secretary promptly
shall submit to Congress a report (and classified annex if necessary)
identifying any port that the Secretary finds does not maintain and
carry out effective security measures and describe any action taken
under this section with regard to that port.
``(e) Action Canceled.--An action required under this section is no
longer required if the Secretary, in consultation with the Secretary of
State, decides that effective security measures are maintained and
carried out at the port. The Secretary shall notify Congress when the
action is no longer required.
``Sec. 2504. Travel advisories concerning security at foreign ports
``(a) In General.--Upon being notified by the Secretary of
Transportation that the Secretary has determined that a condition
exists that threatens the safety or security of passengers, passenger
vessels, or crew traveling to or from a foreign port which the
Secretary has determined under this chapter to be a port which does not
maintain and administer effective security measures, the Secretary of
State shall immediately issue a travel advisory with respect to the
port. The Secretary of State shall take the necessary steps to
publicize the travel advisory widely.
``(b) When Travel Advisory May Be Canceled.--The travel advisory
required to be issued under subsection (a) of this section may be
lifted only if the Secretary of Transportation, in consultation with
the Secretary of State, has determined that effective security measures
are maintained and administered at the port with respect to which the
Secretary of Transportation had made the determination.
``(c) Congressional Notification.--The Secretary of State shall
immediately notify Congress of any change in the status of a travel
advisory imposed pursuant to this section.
``Sec. 2505. Suspensions
``(a) In General.--The President, without prior notice or a
hearing, shall suspend the right of any vessel of the United States,
and the right of a person to trade with the United States, to provide
foreign sea transportation, and the right of a person to operate
vessels in foreign sea commerce, to or from a foreign port, if the
President finds that--
``(1) a condition exists that threatens the safety or
security of passengers, vessels, or crew traveling to or from
that port; and
``(2) the public interest requires an immediate suspension
of trade between the United States and that port.
``(b) Denial of Entry.--If a person operates a vessel in violation
of this section, the President may deny the vessels of that person
entry to United States ports.
``(c) Penalty for Violation.--A person violating this section is
liable to the United States Government for a civil penalty of not more
than $50,000. Each day a vessel utilizes a prohibited port shall be a
separate violation of this section.
``Sec. 2506. Acceptance of contributions; joint venture arrangements
``In carrying out responsibilities under this chapter, the
Secretary may accept contributions of funds, material, services, and
the use of personnel and facilities from public and private entities by
contract or other arrangement if the confidentiality of security-
sensitive information is maintained and access to such information is
limited appropriately. The Secretary shall deposit any funds accepted
under this section as miscellaneous receipts in the general fund of the
United States Treasury.''.
(b) Conforming Amendment.--The table of chapters at the beginning
of subtitle II of title 46, United States Code, is amended by inserting
the following new item in part A after the item for chapter 23:
``25. International Port Security........................... 2501''.
(c) Repeals.--Sections 902, 905, 907, 908, 909, 910, 911, 912, and
913 of the International Maritime and Port Security Act (46 U.S.C. App.
1801, 1802, 1803, 1804, 1805, 1806, 1807, 1808, and 1809), are
repealed.
(d) Foreign-flag Vessels.--Within 6 months after the date of
enactment of this Act and every year thereafter, the Secretary, in
consultation with the Secretary of State, shall provide a report to the
Committees on Commerce, Science, and Transportation and Foreign
Relations of the Senate, and the Committees on Transportation and
Infrastructure and International Relations of the House of
Representatives that lists the following information:
(1) A list of all nations whose flag vessels have entered
United States ports in the previous year.
(2) Of the nations on that list, a separate list of those
nations--
(A) whose registered flag vessels appear as
Priority III or higher on the Boarding Priority Matrix
maintained by the Coast Guard;
(B) that have presented, or whose flag vessels have
presented, false, intentionally incomplete, or
fraudulent information to the United States concerning
passenger or cargo manifests, crew identity or
qualifications, or registration or classification of
their flag vessels;
(C) whose vessel registration or classification
procedures have been found by the Secretary to be
noncompliant with international classifications or do
not exercise adequate control over safety and security
concerns; or
(D) whose laws or regulations are not sufficient to
allow tracking of ownership and registration histories
of registered flag vessels.
(3) Actions taken by the United States, whether through
domestic action or international negotiation, including
agreements at the International Maritime Organization under
section 902 of the International Maritime and Port Security Act
(46 U.S.C. App. 1801), to improve transparency and security of
vessel registration procedures in nations on the list under
paragraph (2).
(4) Recommendations for legislative or other actions needed
to improve security of United States ports against potential
threats posed by flag vessels of nations named in paragraph
(2).
SEC. 109. COUNTER-TERRORISM AND INCIDENT CONTINGENCY PLANS.
(a) In General.--The Secretary, in coordination with the Director
of the Federal Bureau of Investigation, shall ensure that all area
maritime counter-terrorism and incident contingency plans are reviewed,
revised, and updated no less frequently than once every 3 years.
(b) Local Port Security Committees.--The Secretary shall ensure
that port security committees established under section 7(f) of the
Ports and Maritime Safety Act (33 U.S.C. 2116(f)) are involved in the
review, revision, and updating of the plans.
(c) Simulation Exercises.--The Secretary shall ensure that--
(1) simulation exercises are conducted annually for all
such plans; and
(2) actual practice drills and exercises are conducted at
least once every 3 years.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $1,000,000 for each of fiscal years 2002
through 2006 to carry out this section, such sums to remain available
until expended.
SEC. 110. MARITIME SECURITY PROFESSIONAL TRAINING.
(a) In General.--
(1) Development of standards.--Not later than 6 months
after the date of enactment of this Act, the Secretary of
Transportation shall develop standards and curriculum to allow
for the training and certification of maritime security
professionals. In developing these standards and curriculum,
the Secretary shall consult with the National Maritime Security
Advisory Committee established under section 7(d) of the Ports
and Maritime Safety Act (33 U.S.C. 2116(d)).
(2) Secretary To consult on standards.--In developing
standards under this section, the Secretary may, without regard
to the Federal Advisory Committee Act (5 U.S.C. App.), consult
with the Federal Law Enforcement Training Center, the United
States Merchant Marine Academy's Global Maritime and
Transportation School, the Maritime Security Council, the
International Association of Airport and Port Police, the
National Cargo Security Council, and any other Federal, State,
or local government or law enforcement agency or private
organization or individual determined by the Secretary to have
pertinent expertise.
(b) Minimum Standards.--The standards established by the Secretary
under subsection (a) shall include the following elements:
(1) The training and certification of maritime security
professionals in accordance with accepted law enforcement and
security guidelines, policies, and procedures, including, as
appropriate, recommendations for incorporating a background
check process for personnel trained and certified in foreign
ports.
(2) The training of students and instructors in all aspects
of prevention, detection, investigation, and reporting of
criminal activities in the international maritime environment.
(3) The provision of off-site 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.
(c) Training Provided to Law Enforcement and Security Personnel.--
The Secretary is authorized to make the training opportunities provided
under this section available to any Federal, State, local, and private
law enforcement or maritime security personnel in the United States or
in foreign ports used by United States-flagged vessels with United
States citizens as passengers or crewmembers.
(d) Use of Contract Resources.--The Secretary shall employ existing
Federal and contract resources to train and certify maritime security
professionals in accordance with the standards and curriculum developed
under this Act.
(e) Annual Report.--The Secretary shall transmit an annual report
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on the expenditure of appropriated funds and the
training under this section.
(f) Funding.--Of the amounts made available under section 122(b),
there may be made available to the Secretary to carry out this
section--
(1) $2,500,000 for each of fiscal years 2003 and 2004, and
(2) $3,000,000 for each of fiscal years 2005 and 2006,
such sums to remain available until expended.
(g) Authorization of Appropriations--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $5,500,000 for fiscal year 2002;
(2) $3,000,000 for each of fiscal years 2003 and 2004; and
(3) $2,500,000 for each of fiscal years 2005 and 2006.
SEC. 111. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.
(a) In General.--The Merchant Marine Act, 1936 (46 U.S.C. App. 1101
et seq.) is amended by adding at the end the following:
``TITLE XIV--PORT SECURITY INFRASTRUCTURE IMPROVEMENT
``SEC. 1401. LOAN GUARANTEES FOR PORT SECURITY INFRASTRUCTURE
IMPROVEMENTS.
``(a) In General.--The Secretary of Transportation, subject to the
terms the Secretary shall prescribe and after consultation with the
United States Coast Guard, the United States Customs Service, and the
National Maritime Security Advisory Committee established under section
102 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 port security infrastructure
improvements for an eligible project at any United States port.
``(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 title XI, except that--
``(1) guarantees or commitments to guarantee made under
this section are eligible for not more than 87.5 percent of the
actual cost of the security infrastructure improvement;
``(2) notwithstanding section 1104A(d), determination of
economic soundness for a security infrastructure project shall
be based upon the economic soundness of the applicant and not
the project;
``(3) guarantees or commitments to guarantee may be made
under this section to persons who are not citizens of the
United States as defined in section 2 of the Shipping Act, 1916
(46 U.S.C. App. 802).
``(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 it is for the
construction or acquisition of new security infrastructure that is--
``(1) equipment or facilities to be used for port 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. 1402. GRANTS.
``(a) Financial Assistance.--The Secretary may provide financial
assistance for eligible projects (within the meaning of section
1401(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.
``(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 National
Maritime Security Advisory Committee established under section 7(d) of
the Ports and Waterways Safety Act (33 U.S.C. 1226(d)).
``(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 comprehensive description of the need for the
project, and a statement of the project's relationship to the
security plan.
``(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.
``SEC. 1403. ALLOCATION OF RESOURCES.
``In carrying out this title, the Secretary may ensure that not
less than $2,000,000 in loans and loan guarantees under section 1401,
and not less than $6,000,000 in grants under section 1402, are made
available for eligible projects (as defined in section 1401(d)) located
in any State to which reference is made by name in section 607 of this
Act during each of the fiscal years 2002 through 2006.''.
(b) Annual Accounting.--The Secretary of Transportation shall
submit an annual summary of loan guarantees and commitments to make
loan guarantees under section 1401 of the Merchant Marine Act, 1936,
and grants made under section 1402 of that Act, to the Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure and the Advisory
Committee through appropriate media of communication, including the
Internet.
(c) Funding.--Of amounts made available under section 122(b), there
may be made available to the Secretary of Transportation--
(1) $9,000,000 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)) under section 1401 of the Merchant Marine Act, 1936,
(2) $10,000,000 for each of such fiscal years for grants
under section 1402 of the Merchant Marine Act, 1936, and
(3) $1,000,000 for each such fiscal year to cover
administrative expenses related to loan guarantees under
section 1401 of the Merchant Marine Act, 1936, and grants under
section 1402 of that Act,
such amounts to remain available until expended.
(d) Additional Appropriations Authorized.--In addition to the
amounts made available under subsection (c)(2), there are authorized to
be appropriated to the Secretary of Transportation--
(1) $26,000,000 for each of fiscal years 2002 through 2006
to the Secretary as guaranteed loan costs (as defined in
section 502(5) of the Federal Credit Reform Act of 1990; 2
U.S.C. 661a(5)) under section 1401 of the Merchant Marine Act,
1936;
(2) $70,000,000 for each of fiscal years 2002 through 2006
to the Secretary for grants under section 1402 of the Merchant
Marine Act, 1936; and
(3) $4,000,000 for each of fiscal years 2002 through 2006
to the Secretary to cover administrative expenses related to
loan guarantees and grants under paragraphs (8) and (9),
such sums to remain available until expended.
SEC. 112. SCREENING AND DETECTION EQUIPMENT.
(a) Funding.--Of amounts made available under section 122(b), there
may be made available to the Commissioner of Customs for the purchase
of nonintrusive screening and detection equipment for use at United
States ports--
(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) Authorization of Appropriations.--There are authorized to be
appropriated to the Commissioner $20,000,000 for each of fiscal years
2002 through 2006 to the Commissioner of Customs for the purchase of
nonintrusive screening and detection equipment for use at United States
ports, such sums to remain available until expended.
(c) Funding for Fiscal Year 2002.--There are authorized to be
appropriated $145,000,000 for the United States Customs Service for
fiscal year 2002 for 1,200 new customs inspector positions, 300 new
customs agent positions, and other necessary port security positions,
and for purchase and support of equipment (including camera systems for
docks and vehicle-mounted computers), canine enforcement for port
security, and to update computer systems to help improve customs
reporting procedures.
SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE.
The Secretary of Transportation, acting through the Maritime
Administration and after consultation with the Advisory Committee and
the United States Coast Guard, shall publish a revised version of the
document entitled ``Port Security: A National Planning Guide'',
incorporating the requirements promulgated under section 7(g) of the
Ports and Waterways Security Act (33 U.S.C. 2116(g)), within 3 years
after the date of enactment of this Act, and make that revised document
available on the Internet.
SEC. 114. SHARED DOCKSIDE INSPECTION FACILITIES.
(a) In General.--The Secretary of the Treasury, the Secretary of
Agriculture, the Secretary of Transportation, the Attorney General, and
the Administrator of the General Services Administration shall work
with each other, the Advisory Committee, and the States to establish
shared dockside inspection facilities at United States ports for
Federal and State agencies.
(b) Funding.--Of the amounts made available under section 122(b),
there may be made available to the Secretary of the Transportation,
$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 ports in consultation with the
Secretary of the Treasury, the Secretary of Agriculture, and the
Attorney General.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $1,000,000 for fiscal
year 2002 to establish shared dockside inspection facilities at United
States ports in consultation with the Secretary of the Treasury, the
Secretary of Agriculture, and the Attorney General.
SEC. 115. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND
PASSENGERS AND OTHER IMPROVED CUSTOMS REPORTING
PROCEDURES.
(a) Cargo Information.--
(1) In general.--Section 431(b) of the Tariff Act of 1930
(19 U.S.C. 1431(b)) is amended--
(A) by striking ``Any manifest'' and inserting
``(1) Any manifest''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) In addition to any other requirement under this
section, for every land, air, or vessel carrier required to
make entry or obtain clearance under the customs laws of the
United States, the pilot, master, operator, or owner of such
carrier (or the authorized agent of such owner or operator)
shall provide by electronic transmission cargo manifest
information described in subparagraph (B) in advance of such
entry or clearance in such manner, time, and form as the
Secretary shall prescribe. The Secretary may exclude any class
of land, aircraft, or vessel for which he concludes the
requirements of this subparagraph are not necessary.
``(B) The information described in this subparagraph is as
follows:
``(i) The port of arrival or departure, whichever
is applicable.
``(ii) The carrier code, prefix code, or both.
``(iii) The flight, voyage, or trip number.
``(iv) The date of scheduled arrival or date of
scheduled departure, as the case may be.
``(v) The request for permit to proceed to the
destination, if applicable.
``(vi) The numbers and quantities from the
carrier's master air waybill, bills of lading, or ocean
bills of lading.
``(vii) The first port of lading of the cargo.
``(viii) A description and weight of the cargo or,
for a sealed container, the shipper's declared
description and weight of the cargo.
``(ix) The shippers name and address from all air
waybills and bills of lading.
``(x) The consignee's name and address from all air
waybills and bills of lading.
``(xi) Notice that actual boarded quantities are
not equal to air waybill or bills of lading quantities,
except that a carrier is not required by this clause to
verify boarded quantities of cargo in sealed
containers.
``(xii) Transfer or transit information for the
cargo while it has been under the control of the
carrier.
``(xiii) Warehouse or other location of the cargo
while it has been under the control of the carrier.
``(xiv) Any additional information that the
Secretary by regulation determines is reasonably
necessary to ensure aviation, maritime, and surface
transportation safety pursuant to those laws enforced
and administered by the Customs Service.
``(3) The Secretary by regulation shall require nonvessel
operating common carriers to meet the requirements of
subparagraphs (A) and (B).''.
(2) Conforming amendments.--Subparagraphs (A) and (C) of
section 431(d)(1) of such Act are each amended by inserting
``or subsection (b)(2)'' before the semicolon.
(b) Documentation of Cargo.--Part II of title IV of the Tariff Act
of 1930 is amended by inserting after section 431 the following new
section:
``SEC. 431A. DOCUMENTATION OF WATERBORNE CARGO.
``(a) Applicability.--This section shall apply to all cargo to be
exported moving by a vessel common carrier from a port in the United
States.
``(b) Documentation Required.--(1) No shipper of cargo subject to
this section (including an ocean transportation intermediary that is a
nonvessel-operating common carrier (as defined in section 3(17)(B) of
the Shipping Act of 1984 (46 U.S.C. App. 1702(17)(B)) may tender or
cause to be tendered to a vessel common carrier cargo subject to this
section for loading on a vessel in a United States port, unless such
cargo is properly documented pursuant to this subsection.
``(2) For the purposes of this subsection, cargo shall be
considered properly documented if the shipper submits to the vessel
common carrier or its agent a complete set of shipping documents no
later than 24 hours after the cargo is delivered to the marine terminal
operator.
``(3) A complete set of shipping documents shall include--
``(A) for shipments for which a shipper's export
declaration is required a copy of the export
declaration or, if the shipper files such declarations
electronically in the Automated Export system, the
complete bill of lading, and the master or equivalent
shipping instructions including the shipper's Automated
Export System instructions; or
``(B) for those shipments for which a shipper's
export declaration is not required, such other
documents or information as the Secretary may by
regulation prescribe.
``(4) The Secretary shall by regulation prescribe the time,
manner, and form by which shippers shall transmit documents or
information required under this subsection to the Customs
Service.
``(c) Loading Undocumented Cargo Prohibited.--
``(1) No marine terminal operator (as defined in section
3(14) of the Shipping Act of 1984 (46 U.S.C. App. 1702(14)))
may load, or cause to be loaded, any cargo subject to this
section on a vessel unless instructed by the vessel common
carrier operating the vessel that such cargo has been properly
documented in accordance with this section.
``(2) When cargo is booked by one vessel common carrier to
be transported on the vessel of another vessel common carrier,
the booking carrier shall notify the operator of the vessel
that the cargo has been properly documented in accordance with
this section. The operator of the vessel may rely on such
notification in releasing the cargo for loading aboard the
vessel.
``(d) Reporting of Undocumented Cargo.--A vessel common carrier
shall notify the United States Customs Service of any cargo tendered to
such carrier that is not properly documented pursuant to this section
and that has remained in the marine terminal for more than 48 hours
after being delivered to the marine terminal, and the location of the
cargo in the marine terminal. For vessel common carriers that are
members of vessel sharing agreements (or any other arrangement whereby
a carrier moves cargo on another carrier's vessel), the vessel common
carrier accepting the booking shall be responsible for reporting
undocumented cargo, without regard to whether it operates the vessel on
which the transportation is to be made.
``(e) Assessment of Penalties.--Whoever violates subsection (b) of
this section shall be liable to the United States for civil penalties
in a monetary amount up to the value of the cargo, or the actual cost
of the transportation, whichever is greater.
``(f) Seizure of Undocumented Cargo.--
``(1) Any cargo that is not properly documented pursuant to
this section and has remained in the marine terminal for more
than 48 hours after being delivered to the marine terminal
operator shall be subject to search, seizure, and forfeiture.
``(2) The shipper of any such cargo is liable to the marine
terminal operator and to the ocean carrier for demurrage and
other applicable charges for any undocumented cargo which has
been notified to or searched or seized by the Customs Service
for the entire period the cargo remains under the order and
direction of the Customs Service. The marine terminal operator
and the ocean carrier shall have a lien on the cargo for the
amount of the demurrage and other charges.
``(g) Effect on Other Provisions.--Nothing in this section shall be
construed, interpreted, or applied to relieve or excuse any party from
compliance with any obligation or requirement arising under any other
law, regulation, or order with regard to the documentation or carriage
of cargo.''.
(c) Passenger Information.--Part II of title IV of the Tariff Act
of 1930, as amended by subsection (b), is further amended by inserting
after section 431A the following new section:
``SEC. 431B. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED FOR
CARRIERS.
``(a) In General.--For each person arriving or departing on an air
or land carrier or vessel required to make entry or obtain clearance
under the customs laws of the United States, the pilot, master,
operator, or owner of such carrier (or the authorized agent of such
owner or operator) shall provide by electronic transmission manifest
information described in subsection (b) in advance of such entry or
clearance in such manner, time, and form as the Secretary shall
prescribe.
``(b) Information Described.--The information described in this
subsection shall include for each person:
``(1) Full name.
``(2) Date of birth and citizenship.
``(3) Gender.
``(4) Passport number and country of issuance.
``(5) United States visa number or resident alien card
number, as applicable.
``(6) Passenger name record.
``(7) Such additional information that the Secretary, by
regulation, determines is reasonably necessary to ensure
aviation and maritime safety pursuant to the laws enforced or
administered by the Customs Service.''.
(d) Definition.--Section 401 of the Tariff Act of 1930 is amended
by adding at the end the following new subsections:
``(t) Land Air And Vessel Carrier.--The terms `land carrier', `air
carrier', and `vessel carrier' mean a carrier that transports by land,
air, or water, respectively, goods or passengers for payment or other
consideration, including money or services rendered.
``(u) Vessel Common Carrier.--The term `vessel common carrier' has
the meaning given the term `ocean common carrier' in section 3(16) of
the Shipping Act of 1984 (46 U.S.C. App. 1702(16)) and the term `common
carrier by water in interstate commerce' as defined in section 1 of the
Shipping Act, 1916 (46 U.S.C. App. 801).''.
(e) Other Requirements for Improved Reporting Procedures.--In
addition to the promulgation of manifesting information, the United
States Customs Service shall improve reporting of goods arriving at
United States ports--
(1) by promulgating regulations to require, notwithstanding
sections 552 and 553 of the Tariff Act of 1930 (19 U.S.C. 1552
and 1553), at such times as Customs may require prior to the
arrival of an in-bond movement of goods at the initial port of
unlading, that--
(A) information shall be filed electronically
identifying the consignor, consignee, country of
origin, and the Harmonized Tariff Schedule of the
United States 6-digit classification of the goods; and
(B) such information shall be to the best of the
filer's knowledge, and shall not be considered the
entry for the goods under section 484 of that Act (19
U.S.C. 1484) or subject to section 592 or 595a of that
Act (19 U.S.C. 1592 or 1595a); and
(2) by distributing the information reported under the
regulations promulgated under paragraph (1) or section
431(b)(2), 431A, or 431B of the Tariff Act of 1930 on a real-
time basis to any Federal, State, or local government agency
that has a regulatory or law-enforcement interest in the goods.
(f) Effective Date.--The amendments made by subsections (a) through
(d) of this section shall take effect 45 days after the date of
enactment of this Act.
(g) Pilot Program for Preclearing Inbound Shipments of Waterborne
Cargo.--
(1) In general.--If the Commissioner of Customs determines
that information from a pilot program for inspecting,
monitoring, tracking, and preclearing inbound shipments of
waterborne cargo would improve the security and safety of
ports, the Commissioner may develop and implement such a pilot
program.
(2) Program Characteristics.--
(A) In general.--Any such pilot program shall--
(i) take into account, and may be organized
on the basis of, prearrival information that
commercial vessels entering the territorial
waters of the United States or destined for
United States ports are required to transmit
under section 431 of the Tariff Act of 1930 (19
U.S.C. 1431) and the Ports and Waterways Safety
Act (33 U.S.C. 1221 et seq.); and
(ii) be designed to meet the requirements
of United States customs laws and other laws
regulating the importation of goods into the
United States and to accommodate mechanisms for
the collection of applicable duties upon entry
or removal from warehouse of such goods.
(B) Customs clearance waiver.--The Commissioner may
grant a waiver of any United States Customs Service
post-arrival clearance requirement for goods inspected,
monitored for security and integrity in transit,
tracked, and precleared under any such pilot program.
(3) Consultation with other interested agencies.--In
developing and implementing a pilot program under paragraph (1)
the Commissioner of Customs shall consult with representatives
of other Federal agencies with responsibilities related to the
entry of commercial goods into the United States to ensure that
those agencies' missions are not compromised by the
preclearance.
(4) Pilot program to be tested at multiple ports.--Any such
pilot program developed and implemented by the Commissioner may
be conducted at several different ports in a manner that
permits analysis and evaluation of different technologies and
takes into account different kinds of goods and ports with
different harbor, infrastructure, climatic, geographical, and
other characteristics.
(5) Report to the congress.--Within a year after a pilot
program is implemented under paragraph (1), the Commissioner of
Customs shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
that--
(A) evaluates the pilot program and its components;
(B) states the Commissioner's view as to whether
any procedure, system, or technology evaluated as part
of the program offers a higher level of security than
requiring imported goods to clear customs under
existing procedures;
(C) states the Commissioner's view as to the
integrity of the procedures, technology, or systems
evaluated as part of the pilot program;
(D) makes a recommendation with respect to whether
the pilot program, or any procedure, system, or
technology should be incorporated in a nationwide
system for preclearance of imports of waterborne goods;
(E) describes the impact of the pilot program on
staffing levels at the Customs Service and the
potential effect full implementation of the program on
a nationwide basis would have on Customs Service
staffing level; and
(F) states the Commissioner's views as to whether
there is a method by which the United States could
validate foreign ports so that cargo from those ports
is preapproved for United States Custom Service
purposes on arrival at United States ports.
SEC. 116. PREARRIVAL MESSAGES FROM VESSELS DESTINED TO UNITED STATES
PORTS.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is
amended--
(1) by striking ``environment'' in section 2(a) (33 U.S.C.
1221(a)) and inserting ``environment, and the safety and
security of United States ports and waterways,'';
(2) by striking paragraph (5) of section 4(a) (33 U.S.C.
1223(a)) and inserting the following:
``(5) require--
``(A) the receipt of pre-arrival messages from any
vessel destined for a port or place subject to the
jurisdiction of the United States;
``(B) the message to include any information the
Secretary determines to be necessary for the control of
the vessel and the safety and security of the port,
waterways, facilities, vessels, and marine environment;
and
``(C) the message to be transmitted in electronic
form, or otherwise as determined by the Secretary, in
sufficient time to permit review before the vessel's
entry into port, and deny port entry to any vessel that
fails to comply with the requirements of this
paragraph.'';
(3) by striking ``environment'' in section 5(a) (33 U.S.C.
1224(a)) and inserting ``environment, and the safety and
security of United States ports and waterways,''; and
(4) by adding at the end of section 5 (33 U.S.C. 1224) the
following:
``Nothing in this section interferes with the Secretary's authority to
require information under section 4(a)(5) before a vessel's arrival in
a port or place subject to the jurisdiction of the United States.''.
SEC. 117. MARITIME SAFETY AND SECURITY TEAMS.
(a) In General.--To enhance the domestic maritime security
capability of the United States, the Secretary shall establish such
maritime safety and security teams as are needed to safeguard the
public and protect vessels, harbors, ports, waterfront facilities, and
cargo in waters subject to the jurisdiction of the United States from
destruction, loss or injury from crime, or sabotage due to terrorist
activity, and to respond to such activity in accordance with security
plans developed under section 7 of the Ports and Waterways Safety Act
(33 U.S.C. 2116).
(b) Mission.--Each maritime safety and security team shall be
trained, equipped and capable of being employed to--
(1) deter, protect against, and rapidly respond to threats
of maritime terrorism;
(2) enforce moving or fixed safety or security zones
established pursuant to law;
(3) conduct high speed intercepts;
(4) board, search, and seize any article or thing on a
vessel or waterfront facility found to present a risk to the
vessel, facility or port;
(5) rapidly deploy to supplement United States armed forces
domestically or overseas;
(6) respond to criminal or terrorist acts within the port
so as to minimize, insofar as possible, the disruption caused
by such acts;
(7) assist with port vulnerability assessments required
under this Act; and
(8) carry out other such missions as are assigned to it in
support of the goals of this Act.
(c) Coordination with Other Agencies.--To the maximum extent
feasible, each maritime safety and security team shall coordinate its
activities with other Federal, State, and local law enforcement and
emergency response agencies.
SEC. 118. RESEARCH AND DEVELOPMENT FOR CRIME AND TERRORISM PREVENTION
AND DETECTION TECHNOLOGY.
(a) Grant Program.--
(1) In general.--The Secretary, in consultation with the
Advisory Committee, shall establish a grant program to fund
eligible projects for the development, testing, and transfer of
technology to enhance security at United States ports with
respect to security risks, including--
(A) explosives or firearms;
(B) weapons of mass destruction;
(C) chemical and biological weapons;
(D) drug and illegal alien smuggling;
(E) trade fraud; and
(F) other criminal activity.
(2) Matching funds required.--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 75
percent of costs of that project.
(b) Eligible Projects.--A project is eligible for a grant under
subsection (a) if it is for the construction, acquisition, testing, or
deployment of surveillance equipment and technology capable of
preventing or detecting terrorist or other criminal activity as
determined by the Secretary.
(c) Annual Accounting; Dissemination of Information.--The Secretary
shall submit an annual summary of grants under subsection (a), together
with a general description of the tests and any technology transfers
under the program, to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $15,000,000 for each of fiscal years 2002
through 2006, such sums to remain available until expended.
SEC. 119. EXTENSION OF SEAWARD JURISDICTION.
(a) Definition of Territorial Waters.--Section 1 of title XIII of
the Act of June 15, 1917 (50 U.S.C. 195) is amended--
(1) by striking ``The term `United States' as used in this
Act includes'' and inserting the following:
``In this Act:
``(a) United States.--The term `United States' includes'';
and
(2) by adding at the end the following:
``(b) Territorial Waters.--The term ``territorial waters of the
United States'' includes all waters of the territorial sea of the
United States as described in Presidential Proclamation 5928 of
December 27, 1988.''.
(b) Civil Penalty for Violation of Act of June 15, 1917.--Section 2
of title II of the Act of June 15, 1917 (50 U.S.C. 192), is amended--
(1) by striking ``imprisonment'' in the section heading and
inserting ``imprisonment; civil penalties'';
(2) by inserting ``(a) In General.--'' before ``If'' in the
first undesignated paragraph;
(3) by striking ``(a) If any other'' and inserting ``(b)
Application to Others.--If any other''; and
(4) by adding at the end the following:
``(c) Civil Penalty.--
``(1) Imposition.--A person who is found, after notice and
an opportunity for a hearing, to have violated any rule,
regulation or order issued under this Act, or found to have
knowingly obstructed or interfered with the exercise of any
power conferred by this Act, shall be liable to the United
States for a civil penalty, not to exceed $25,000 for each
violation. Each day of a continuing violation shall constitute
a separate violation. The amount of such civil penalty shall be
assessed by the Secretary, or the Secretary's designee, by
written notice. In determining the amount of such penalty, the
Secretary shall take into account the nature, circumstances,
extent and gravity of the prohibited acts committed and, with
respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and such other matters as
justice may require.
``(2) Compromise, etc.--The Secretary may compromise, modify, or
remit, with or without conditions, any civil penalty which is subject
to imposition or which has been imposed under this subsection.
``(3) Collection.--If a person fails to pay an assessment of a
civil penalty after it has become final, the Secretary may refer the
matter to the Attorney General of the United States, for collection in
any appropriate district court of the United States.''.
SEC. 120. SUSPENSION OF LIMITATION ON STRENGTH OF COAST GUARD.
(a) Personnel End Strengths.--Section 661(a) of title 14, United
States Code, is amended by adding at the end the following: ``If at the
end of any fiscal year there is in effect a declaration of war or
national emergency, the President may defer the effectiveness of any
end-strength and grade distribution limitation with respect to that
fiscal year prescribed by law for any military or civilian component of
the Coast Guard, for a period not to exceed 6 months after the end of
the war or termination of the national emergency.''.
(b) Officers in Coast Guard Reserve.--Section 724 of title 14,
United States Code, is amended by adding at the end thereof the
following:
``(c) Deferral of Limitation.--If at the end of any fiscal year
there is in effect a declaration of war or national emergency, the
President may defer the effectiveness of any end-strength and grade
distribution limitation with respect to that fiscal year prescribed by
law for any military or civilian component of the Coast Guard Reserve,
for a period not to exceed 6 months after the end of the war or
termination of the national emergency.''.
SEC. 121. ADDITIONAL REPORTS.
(a) Additional Security Needs.--Within 1 year after the date of
enactment of this Act, the Secretary shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure on
the need for any additional security requirements or measures under
this title in order to provide for national security and protect the
flow of commerce.
(b) Annual Status Report to Congress.--
(1) In general.--Notwithstanding section 7(c) of the Ports
and Waterways Safety Act (33 U.S.C. 1226(c)), the Secretary
shall report annually to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure on the status of
port security in a form that does not compromise, or present a
threat to the disclosure of security-sensitive information
about, the port security vulnerability assessments conducted
under this Act. The report may include recommendations for
further improvements in port security measures and for any
additional enforcement measures necessary to ensure compliance
with the port security plan requirements of this title.
(2) Specific port evaluation.--The Secretary shall select a
port for the purpose of evaluating security plans and
enhancements and, in the first annual report under this
subsection, the Secretary shall report on the progress and
enhancements of security plans at that port and on how this Act
has improved security at that port. The Secretary shall provide
annual updates for that port in subsequent annual reports.
(c) 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 title I of that Act and an analysis of the effect of those
activities on port security against acts of terrorism.''.
(d) Annual Report of Expenditure of Funds for Training of Maritime
Security Professionals.--The Secretary shall transmit an annual report
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on the expenditure of appropriated funds and the
development of training and certification programs under section 111 of
this title.
(e) Accounting.--The Commissioner of Customs shall submit a report
for each of fiscal years 2002 through 2006 to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure on the expenditure of
funds appropriated pursuant to section 113 of this title.
(f) Report on Training Center.--The Commandant of the United States
Coast Guard, in conjunction with the Secretary of the Navy, shall
submit to Congress a report, at the time they submit their fiscal year
2004 budget, on the life cycle costs and benefits of creating a Center
for Coastal and Maritime Security. The purpose of the Center would be
to provide an integrated training complex to prevent and mitigate
terrorist threats against coastal and maritime assets of the United
States, including ports, harbors, ships, dams, reservoirs, and
transport nodes.
SEC. 122. 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, only to
the extent provided in advance in appropriations Act, in each of fiscal
years 2003 through 2006 to carry out this title, as provided in
sections 102(b), 103(b), 104(b), 110(f), 111(c), 112(a) and 114(b) of
this title.
(c) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, United States Code, duties collected under
section 36 of the Act of August 5, 1909 (36 Stat. 111; 46 U.S.C. App.
121) as amended by subsection (a)(1) of this section--
(1) shall be credited as offsetting collections to the
account that finances the activities and services authorized by
sections 110, 112, and 114 of this Act, section 7(d), (e), and
(f) of the Ports and Waterways Safety Act (33 U.S.C. 2116(d),
(e), and (f)) (as added by sections 102, 103, and 104 of this
Act), and sections 1401 and 1402 of the Merchant Marine Act,
1936 (as added by section 111 of this Act);
(2) shall be available for expenditure only to pay the
costs of such activities and services; and
(3) shall remain available until expended.
(c) Limitation; Deposit of Fees.--No amounts may be collected under
section 36 of the Act of August 5, 1909 (36 Stat. 111; 46 U.S.C. App.
121) as amended by subsection (a)(1) of this section, or credited as
provided by subsection (b), except to the extent provided in advance in
appropriations Acts. Such amounts shall be used in each of fiscal years
2003 through 2006 as provided in sections 102(b), 103(b), 104(b),
110(f), 111(c), 112(a) and 114(b) of this title.
SEC. 123. DEFINITIONS.
In this title:
(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.
(4) Advisory Committee.--The term ``Advisory Committee''
means the National Maritime Security Advisory Committee
established under section 7(d) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(d)).
(5) Marine terminal operator.--The term ``marine terminal
operator'' has the meaning given that term in section 1702(14)
of title 46, United States Code.
TITLE II--ADDITIONAL MARITIME SAFETY AND SECURITY RELATED MEASURES
SEC. 201. EXTENSION OF DEEPWATER PORT ACT TO NATURAL GAS.
The following provisions of the Deepwater Port Act of 1974 (33
U.S.C. 1501 et seq.) are each amended by inserting ``or natural gas''
after ``oil'' each place it appears:
(1) Section 2(a) (33 U.S.C. 1501(a)).
(2) Section 3(9) (33 U.S.C. 1502(9)).
(3) Section 4(a) (33 U.S.C. 1503(a)).
(4) Section 5(c)(2)(G) and (H) (33 U.S.C. 1504(c)(2)(G) and
(H)).
(5) Section 5(i)(2)(B) (33 U.S.C. 1504(i)(2)(B)).
(6) Section 5(i)(3)(C) (33 U.S.C. 1504 (i)(3)(C)).
(7) Section 8 (33 U.S.C. 1507).
(8) Section 21(a) (33 U.S.C. 1520(a)).
SEC. 202. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS AND
ENHANCED USE OF OTHER SECURITY PERSONNEL.
(a) In General.--Section 7(b) of the Ports and Waterways Safety Act
(33 U.S.C. 1226(b)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(1);
(2) by striking ``terrorism.'' in paragraph (2) and
inserting ``terrorism;'' and
(3) by adding at the end the following:
``(3) dispatch properly trained and qualified armed Coast
Guard personnel aboard government, private, and commercial
structures and vessels to deter, prevent, or respond to acts of
terrorism or otherwise provide for the safety and security of
the port, waterways, facilities, marine environment, and
personnel; and
``(4) require the owner and operator of a commercial
structure or the owner, operator, charterer, master, or person
in charge of a vessel to provide the appropriate level of
security as necessary, including armed security.''.
(b) Report on Use of Non-Coast Guard Personnel.--The Secretary of
the department in which the Coast Guard is operating shall evaluate and
report to the Congress on--
(1) the potential use of Federal, State, or local
government personnel, and documented United States Merchant
Marine personnel, to supplement Coast Guard personnel under
section 7(b)(3) of the Ports and Waterways Safety Act (33
U.S.C. 1226(b)(3));
(2) the possibility of using personnel other than Coast
Guard personnel to carry out Coast Guard personnel functions
under that section and whether additional legal authority would
be necessary to use such personnel for such functions; and
(3) the possibility of utilizing the United States Merchant
Marine Academy or State maritime academies to provide training
carrying out duties under that section.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the department in which the Coast
Guard is operating $13,000,000 in each of the fiscal years 2002-2006 to
carry out section 7(b) of the Ports and Waterways Safety Act (33 U.S.C.
1226(b)), all such funds to remain available until expended.
SEC. 203. NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.
Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226),
as amended by section 106 of this Act, is amended by adding at the end
the following:
``(i) National Maritime Transportation Security Plan.--
``(1) In general.--The Secretary, in consultation with
appropriate Federal agencies, shall prepare and publish a
National Maritime Transportation Security Plan for prevention
and response to maritime crime and terrorism. The Secretary
shall consult with the National Maritime Security Advisory
Committee in preparation of the National Maritime
Transportation Security Plan.
``(2) Contents of plan.--The Plan shall provide for
efficient, coordinated, and effective action to prevent and
respond to acts of maritime crime or terrorism, and shall
include--
``(A) allocation of duties and responsibilities
among Federal departments and agencies in coordination
with State and local agencies and port authorities;
``(B) identification, procurement, maintenance, and
storage of equipment and supplies;
``(C) procedures and techniques to be employed in
preventing and responding to acts of crime or
terrorism;
``(D) establishment of procedures for effective
liaison with State and local governments and emergency
responders including law enforcement and fire response;
``(E) establishment of criteria and procedures to
ensure immediate and effective Federal identification
of, and response to, acts of maritime crime or
terrorism, that result in a substantial threat to the
welfare of the United States;
``(F) designation of a Federal official to be the
Federal maritime security coordinator for each area for
which an area maritime security plan is required to be
prepared;
``(G) establishment of procedures for the
coordination of activities of--
``(i) Coast Guard maritime safety and
security teams established under this section;
``(ii) Federal maritime security
coordinators;
``(iii) area maritime security committees;
``(iv) local port security committees; and
``(v) the National Maritime Security
Advisory Committee.
``(3) Revision authority.--The Secretary may, from time to
time, as the Secretary deems advisable, revise or otherwise
amend the National Maritime Transportation Security Plan.
``(4) Plan To Be Followed.--After publication of the Plan,
the planning and response to acts of maritime crime and
terrorism shall, to the greatest extent possible, be in
accordance with the Plan.
``(5) Copy to the Congress.--The Secretary shall furnish a
copy of the Plan to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure.''.
SEC. 204. AREA MARITIME SECURITY COMMITTEES AND AREA MARITIME SECURITY
PLANS.
Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226),
as amended by section 203, is further amended by adding at the end the
following:
``(j) Area Maritime Security Committees and Area Maritime Security
Plans.--
``(1) In general.--There is established for each area
designated by the Secretary an area maritime security committee
comprised of members appointed by the Secretary. The Secretary
may designate any existing local port security committee as an
area maritime security committee for the purposes of this
subsection. The Federal Advisory Committee Act (5 U.S.C. App.)
does not apply to an area maritime security committee.
``(2) Function.--Each area maritime security committee,
under the direction of the Federal maritime security
coordinator for its area, shall--
``(A) prepare an area maritime security plan for
its area; and
``(B) work with State and local officials to
enhance the contingency planning of those officials and
to assure pre-planning of joint response efforts,
including appropriate procedures for prevention and
response to acts of maritime crime or terrorism.
``(3) Area maritime security plan requirement.--Each area
maritime security committee shall prepare an area maritime
security plan for its area and submit it to the Secretary for
approval. The area maritime security plan shall--
``(A) when implemented in conjunction with the
national maritime transportation security plan, be
adequate to prevent or rapidly and effectively respond
to an act of maritime crime or terrorism in or near the
area;
``(B) describe the area covered by the plan,
including the areas of population or special economic,
environmental or national security importance that
might be damaged by an act of maritime crime or
terrorism;
``(C) describe in detail how the plan is integrated
with other area maritime security plans, facility
security plans, and vessel security plans under this
section;
``(D) include any other information the Secretary
requires; and
``(E) be updated periodically by the area maritime
security committee.
``(4) Review by secretary.--The Secretary shall--
``(A) review and approve area maritime security
plans under this subsection; and
``(B) periodically review previously approved area
maritime security plans.''.
SEC. 205. VESSEL SECURITY PLANS.
(a) In General.--Section 4(a) of the Ports and Waterways Safety Act
(33 U.S.C. 1223(a)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(4);
(2) by striking ``environment.'' in paragraph (5) and
inserting ``environment; and''; and
(3) by adding at the end the following:
``(6) may issue regulations establishing requirements for
vessel security plans and programs for vessels calling on
United States ports.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the department in which the Coast
Guard is operating $2,000,000 for each of fiscal years 2002 through
2006 to carry out section 4(a)(6) of the Ports and Waterways Safety Act
(33 U.S.C. 1223(a)(6)), such sums to remain available until expended.
SEC. 206. PROTECTION OF SECURITY-RELATED INFORMATION.
Section 7(c) of the Ports and Waterways Safety Act (33 U.S.C.
1226(c)) is amended to read as follows:
``(c) Nondisclosure of Information.--Notwithstanding any other
provision of law, information developed under this section, and vessel
security plan information developed under section 4(a)(6) of this Act
(33 USC 1223(a)(6)), is not required to be disclosed to the public.
This includes information related to security plans, procedures, or
programs for passenger vessels or passenger terminals authorized under
this Act, and any other information, including maritime facility
security plans, vessel security plans and port vulnerability
assessments.''.
SEC. 207. ENHANCED CARGO IDENTIFICATION AND TRACKING.
(a) Tracking Program.--The Secretaries of the Treasury and
Transportation shall establish a joint task force to work with ocean
shippers and ocean carriers in the development of performance standards
for systems to track data for shipments, containers, and contents--
(1) to improve the capacity of shippers and others to limit
cargo theft and tampering; and
(2) to track the movement of cargo, through the Global
Positioning System or other systems, within the United States,
particularly for in-bond shipments.
(b) Performance Standards for Anti-tampering Devices.--The
Secretaries of the Treasury and Transportation shall work with the
National Institutes of Standards and Technology to develop enhanced
performance standards for in-bond seals and locks for use on or in
containers used for water-borne cargo shipments.
SEC. 208. ENHANCED CREWMEMBER IDENTIFICATION.
The Secretary of Transportation, in consultation with the Attorney
General, may require crewmembers aboard vessels calling on United
States ports to carry and present upon demand such identification as
the Secretary determines.
Passed the Senate December 20 (legislative day, December
18), 2001.
Attest:
Secretary.
107th CONGRESS
1st Session
S. 1214
_______________________________________________________________________
AN ACT
To amend the Merchant Marine Act, 1936, to establish a program to
ensure greater security for United States seaports, and for other
purposes.