[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1587 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1587

To provide improved port and maritime security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2001

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

_______________________________________________________________________

                                 A BILL


 
To provide improved port and maritime security, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Port Threat and Security Act''.

SEC. 2. IMPROVED REPORTING ON FOREIGN-FLAG VESSELS ENTERING UNITED 
              STATES PORTS.

    Within 6 months after the date of enactment of this Act and every 
year thereafter, the Secretary of Transportation, 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 
                insufficient 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. 3. SEA MARSHAL PROGRAM.

    (a) Establishment.--Within 6 months after the date of enactment of 
this Act, the Secretary of Transportation shall establish a program to 
place sea marshals on vessels entering United States Ports identified 
in subsection (c).
    (b) Consultation.--In establishing this program, the Secretary 
shall consult with representatives from the port security task force 
and local port security committees.
    (c) Sea Marshal Ports.--The Secretary shall identify United States 
ports for inclusion in the sea marshal program based on criteria that 
include the following:
            (1) The presence of port facilities that handle materials 
        that are hazardous or flammable in quantities that make them 
        potential targets of attack.
            (2) The proximity of these facilities to residential or 
        other densely populated areas.
            (3) The proximity of sea lanes or navigational channels to 
        hazardous areas that would pose a danger to citizens in the 
        event of a loss of navigational control by the ship's master.
            (4) Any other criterion deemed necessary by the Secretary.
    (d) Sea Marshal Qualifications.--The Secretary shall establish 
appropriate qualifications or standards for sea marshals. The Secretary 
may use, or require use of, Federal, State, or local personnel as sea 
marshals.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation such sums as may be 
necessary to carry out the requirements of this section for each of the 
fiscal years 2002 through 2006.
    (f) Report.--Within 3 years after the date of enactment of this 
Act, the Secretary shall report to the Committee on Commerce, Science, 
and Transportation of the Senate, and Committee on Transportation and 
Infrastructure of the House of Representatives on the success of the 
program in protecting the ports listed under (c), and submit any 
recommendations.

SEC. 4. SEA PILOT COMMUNICATION AND WARNING SYSTEM.

    Within 6 months after the date of enactment of this Act, the 
Secretary of Transportation shall provide a secure report to the 
Committee on Commerce, Science, and Transportation of the Senate, and 
Committee on Transportation and Infrastructure of the House of 
Representatives on the potential for increasing the capabilities of sea 
pilots to provide information on maritime domain awareness. The report 
should specifically address necessary improvements to both reporting 
procedures and equipment that could allow pilots to be integrated more 
effectively in an maritime domain awareness program.

SEC. 5. SECURITY STANDARDS AT FOREIGN SEAPORTS.

    (a) Assessment.--
            (1) In general.--The Secretary shall assess the 
        effectiveness of the security measures maintained at--
                    (A) each foreign seaport--
                            (i) served by United States vessels;
                            (ii) from which foreign vessels serve the 
                        United States; or
                            (iii) that poses a high risk of introducing 
                        danger to international sea travel; and
                    (B) other foreign seaports the Secretary considers 
                appropriate.
            (2) International cooperation and standards.--The Secretary 
        of Transportation shall conduct an assessment under paragraph 
        (1) of this subsection--
                    (A) in consultation with appropriate port 
                authorities of the government of a foreign country 
                concerned and United States vessel operators serving 
                the foreign seaport for which the Secretary is 
                conducting the assessment;
                    (B) to establish the extent to which a foreign 
                seaport effectively maintains and carries out security 
                measures; and
                    (C) by using a standard that will result in an 
                analysis of the security measures at the seaport based 
                at least on the standards and recommended practices of 
                the International Maritime Organization in effect on 
                the date of the assessment.
            (3) Report.--Each report to Congress required under section 
        2 shall contain a summary of the assessments conducted under 
        this subsection.
    (b) Interval.--The Secretary of Transportation shall conduct 
assessments under subsection (a) of this section of at least 25 foreign 
seaports annually until all seaports identified in subsection (a)(1) 
are completed. The first 25 of these assessments shall be conducted 
within 18 months after the date of enactment of this Act.
    (c) Consultation.--In carrying out subsection (a) of this section, 
the Secretary of Transportation shall consult with the Secretary of 
State--
            (1) on the terrorist threat that exists in each country; 
        and
            (2) to establish which foreign seaports are not under the 
        de facto control of the government of the foreign country in 
        which they are located and pose a high risk of introducing 
        danger to international sea travel.
    (d) Qualified Assessment Entities.--In carrying out subsection (a) 
of this section, the Secretary of Transportation may utilize entities 
determined by the Secretary of Transportation and the Secretary of 
State to be qualified to conduct such assessments.
    (e) Notifying Foreign Authorities.--If the Secretary of 
Transportation, after conducting an assessment under subsection (a) of 
this section, determines that a seaport does not maintain and carry out 
effective security measures, the Secretary, after advising the 
Secretary of State, shall notify the appropriate authorities of the 
government of the foreign country of the decision and recommend the 
steps necessary to bring the security measures in use at the seaport up 
to the standard used by the Secretary in making the assessment.
    (f) Actions When Seaports Not Maintaining and Carrying Out 
Effective Security Measures.--
            (1) In general.--If the Secretary of Transportation makes a 
        determination under subsection (e) that a seaport does not 
        maintain and carry out effective security measures, the 
        Secretary--
                    (A) shall publish the identity of the seaport in 
                the Federal Register;
                    (B) shall require the identity of the seaport to be 
                posted and displayed prominently at all United States 
                seaports at which scheduled passenger carriage is 
                provided regularly;
                    (C) shall notify the news media of the identity of 
                the seaport;
                    (D) shall require each United States and foreign 
                vessel providing transportation between the United 
                States and the seaport 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 seaport; and
                    (E) may, after consulting with the appropriate port 
                authorities of the foreign country concerned and United 
                States and foreign vessel operators serving the seaport 
                and with the approval of the Secretary of State, 
                withhold, revoke, or prescribe conditions on the 
                operating authority of a United States or foreign 
                vessel that uses that seaport to provide foreign sea 
                transportation.
            (2) Presidential action.--If the Secretary makes such a 
        determination under subsection (e) about a seaport, the 
        President may prohibit a United States or foreign vessel from 
        providing transportation between the United States and any 
        other foreign seaport that is served by vessels navigating to 
        or from the seaport with respect to which a decision is made 
        under this section.
            (3) When action to be taken.--
                    (A) In general.--The provisions of paragraphs (1) 
                and (2) shall apply with respect to a foreign seaport--
                            (i) 90 days after the government of a 
                        foreign country is notified of the Secretary's 
                        determination under subsection (e) of this 
                        section unless the Secretary of Transportation 
                        finds that the government has brought the 
                        security measures at the seaport up to the 
                        standard the Secretary used in making an 
                        assessment under subsection (a) of this section 
                        before the end of that 90-day period; or
                            (ii) on the date on which the Secretary 
                        makes that determination if the Secretary of 
                        Transportation determines, 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 seaport.
                    (B) Travel advisory notification.--The Secretary of 
                Transportation immediately shall notify the Secretary 
                of State of a determination under subparagraph (A)(ii) 
                of this paragraph so that the Secretary of State may 
                issue a travel advisory required under section 908 of 
                the International Maritime and Port Security Act (46 
                U.S.C. App. 1804).
            (4) Congressional notification.--The Secretary of 
        Transportation promptly shall submit to Congress a report (and 
        classified annex if necessary) on action taken under paragraph 
        (1) or (2) of this subsection, including information on 
        attempts made to obtain the cooperation of the government of a 
        foreign country in meeting the standard the Secretary used in 
        assessing the seaport under subsection (a) of this section.
            (5) Cancellation of publication requirements.--If the 
        Secretary of Transportation, in consultation with the Secretary 
        of State, determines that effective security measures are 
        maintained and carried out at the seaport against which the 
        Secretary took action under paragraph (1), then the Secretary 
        shall--
                    (A) terminate action under paragraph (1) against 
                that seaport; and
                    (B) notify the Congress of the Secretary's 
                determination.
    (g) Suspensions.--The Secretary of Transportation, with the 
approval of the Secretary of State and without notice or a hearing, 
shall suspend the right of any United States vessel to provide foreign 
sea transportation, and the right of a person to operate vessels in 
foreign sea commerce, to or from a foreign seaport if the Secretary of 
Transportation determines that--
            (1) a condition exists that threatens the safety or 
        security of passengers, vessels, or crew traveling to or from 
        that seaport; and
            (2) the public interest requires an immediate suspension of 
        transportation between the United States and that seaport.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $2,000,000 for fiscal 
year 2002 and each fiscal year thereafter to carry out this section.

SEC. 6. FOREIGN PORT ASSESSMENT FEES.

    (a) In General.--The Secretary of Transportation shall collect a 
user fee from cruise vessel lines upon the arrival of a cruise vessel 
at a United States port from a foreign port. Amounts collected under 
this section shall be treated as offsetting collections to offset 
annual appropriations for the costs of providing foreign port 
vulnerability assessments under section 5.
    (b) Amount of Fee.--Cruise vessel lines shall remit $0.50 for each 
passenger embarkment on a cruise that includes at least one United 
States port and one foreign port.
    (c) Use of Fees.--A fee collected under this section shall be used 
solely for the costs associated with providing foreign port 
vulnerability assessments and may be used only to the extent provided 
in advance in an appropriation law.
    (d) Effective Date.--The requirements of this section apply with 
respect to travel beginning more than 179 days after the date of 
enactment of this Act.
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