[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2329 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2329

                      To improve seaport security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2002

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

_______________________________________________________________________

                                 A BILL


 
                      To improve seaport security.

    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 ``Ship, Seafarer, and Container 
Security Act''.

SEC. 2. AUTOMATIC IDENTIFICATION SYSTEM.

    (a) In General.--When operating in navigable waters of the United 
States (as defined in section 2101(17a) of title 46, United States 
Code), the following vessels shall be equipped with an automatic 
identification system:
            (1) Any vessel subject to the Vessel Bridge-to-Bridge 
        Radiotelephone Act (33 U.S.C. 1201 et seq.).
            (2) Any small passenger vessel carrying more than a number 
        of passengers determined by the Secretary of Transportation.
            (3) Any commercial towing vessel while towing astern or 
        pushing ahead or alongside, except commercial assistance towing 
        vessels rendering assistance to disabled small vessels.
            (4) Any other vessel for which the Secretary of 
        Transportation determines that an automatic identification 
        system is necessary for the safe navigation of the vessel.
    (b) Regulations; Effective Date.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall initiate a 
        rulemaking to implement subsection (a).
            (2) Content.--Regulations promulgated pursuant to that 
        rulemaking--
                    (A) may, subject to subparagraph (B), include 
                effective dates for the application of subsection (a) 
                to different vessels at different times;
                    (B) shall require all vessels to which subsection 
                (a) applies to comply with the requirements of 
                subsection (a) no later than December 31, 2004; and
                    (C) shall be issued in final form before December 
                31, 2004.
            (3) Effective date not dependent upon final rule.--If 
        regulations have not been promulgated in final form under this 
        subsection before December 31, 2004, then subsection (a) shall 
        apply to--
                    (A) any vessel described in paragraph (1) or (3) of 
                that subsection on and after that date; and
                    (B) other vessels described in subsection (a) as 
                may be provided in regulations promulgated thereafter.

SEC. 3. UNIQUE SEAFARER IDENTIFICATION.

    (a) Treaty Initiative.--The Secretary of Transportation should 
undertake the negotiation of an international agreement, or amendments 
to an international agreement that provides for a uniform, 
comprehensive, international system of identification for seafarers 
that will enable the United States and other countries to establish 
authoritatively the identity of any seafarer aboard a vessel within the 
jurisdiction, including the territorial waters, of the United States or 
such other country.
    (b) Legislative Alternative.--If the Secretary fails to complete 
the international agreement negotiation or amendment process undertaken 
under subsection (a) within 24 months after the date of enactment of 
this Act, the Secretary shall transmit to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure a draft of legislation 
that, if enacted, would establish a uniform, comprehensive system of 
identification for seafarers.

SEC. 4. GREATER TRANSPARENCY OF SHIP REGISTRATION.

    (a) Treaty Initiative.--The Secretary of Transportation should 
undertake the negotiation of an international agreement, or the 
amendment of an international agreement, to provide greater 
transparency with respect to the registration and ownership of vessels 
entering or operating in the territorial waters of the United States.
    (b) Legislative Alternative.--If the Secretary fails to complete 
the international agreement or amendment process undertaken under 
subsection (a) within 24 months after the date of enactment of this 
Act, the Secretary shall transmit to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure a draft of legislation that, if 
enacted, would provide for greater transparency with respect to the 
registration and ownership of vessels operating in international 
waters.

SEC. 5. INTERNATIONAL AGREEMENT ON CONTAINER INTEGRITY.

    (a) Treaty Initiative.--The Secretary of Transportation should 
undertake the negotiation of an international agreement, or amendments 
to an international agreement, to establish marine container integrity 
and anti-tampering standards for marine containers.
    (b) Legislative Alternative.--If the Secretary fails to complete 
the international agreement negotiation or amendment process undertaken 
under subsection (a) within 24 months after the date of enactment of 
this Act, the Secretary shall transmit to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure a draft of legislation 
that, if enacted, would establish marine container integrity and anti-
tampering standards.

SEC. 6. COAST GUARD TO DEVELOP RISK-BASED ANALYSIS AND SECURITY ZONE 
              SYSTEM FOR VESSELS.

    (a) In General.--The Commandant of the Coast Guard shall 
establish--
            (1) a risk-based system for use in evaluating the potential 
        threat to the national security of the United States of vessels 
        entering the territorial waters of the United States; and
            (2) a system of security zones for ports, territorial 
        waters, and waterways of the United States.
    (b) Mechanisms and Systems Considerations.--In carrying out 
subsection (a), the Commandant shall consider--
            (1) the use of public/private partnerships to implement and 
        enforce security within the security zones, shoreside 
        protection alternatives, and the environmental, public safety, 
        and relative effectiveness of such alternatives within the 
        security zones; and
            (2) technological means of enhancing the security within 
        the security zones of ports, territorial waters, and waterways 
        of the United States.
    (c) Grants.--The Commandant of the Coast Guard may make grants to 
applicants for research and development of alternative means of 
providing the protection and security required by this section.
    (d) Reports.--
            (1) Initial report.--Within 12 months after the date of 
        enactment of this Act, the Commandant of the Coast Guard shall 
        transmit, in a form that does not compromise security, to the 
        Senate Committee on Commerce, Science, and Transportation and 
        the House of Representative Committee on Transportation and 
        Infrastructure a report that includes--
                    (A) a description of the methodology employed in 
                evaluating risks to security;
                    (B) a list of security zones; and
                    (C) recommendations as to how protection of such 
                vessels and security zones might be further improved.
            (2) Report on alternatives.--Within 12 months after the 
        Commandant has awarded grants under subsection (c), the 
        Commandant shall transmit to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representative 
        Committee on Transportation and Infrastructure a report on the 
        results of testing and research carried out with those grants.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Department in which the Coast 
Guard is operating for the use of the Coast Guard, $1,000,000 for 
fiscal year 2003 to make grants under subsection (c).
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