[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1147 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1147

        To protect United States ports, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2003

  Mrs. Boxer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
        To protect United States ports, 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 ``High-Tech Port Security Act of 
2003''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Captain-of-the-port.--The term ``Captain-of-the-Port'', 
        with respect to a port, means the individual designated by the 
        Commandant of the Coast Guard as the Captain-of-the-Port at 
        that port.
            (2) Container.--The term ``container'' means a cargo 
        container designed or used for the international transportation 
        of merchandise by vessel.
            (3) Blast-resistant container.--The term ``blast-resistant 
        container'' means a container that incorporates blast-resistant 
        technology and has been certified as a blast-resistant 
        container by the Secretary pursuant to section 101.
            (4) Regulated container.--The term ``regulated container'' 
        means a container that is manufactured after the date that is 
        15 months after the date the Secretary prescribes regulations 
        under section 101.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Homeland Security.
            (6) Vessel.--The term ``vessel'' has the meaning given that 
        term in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).

                 TITLE I--PORT SECURITY AND SAFE CARGO

SEC. 101. BLAST-RESISTANT CONTAINERS.

    (a) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations--
            (1) establishing standards for the certification of blast-
        resistant containers;
            (2) establishing the procedure by which interested parties 
        may apply for such certification, including the submittal of 
        prototypes and cost estimates; and
            (3) requiring that, effective on and after the date that is 
        15 months after the date such regulations are prescribed by the 
        Secretary, no vessel carrying 1 or more regulated containers 
        and seeking to enter the United States shall be allowed such 
        entry unless all such regulated containers are certified blast-
        resistant containers pursuant to the standards and procedures 
        described in this section.
    (b) Certification.--The Secretary shall evaluate each application 
for certification submitted pursuant to the regulations described in 
paragraphs (1) and (2) of subsection (a), and shall notify each 
applicant whether such container is certified as blast-resistant--
            (1) not later than the date that is 90 days after the 
        application is submitted, if such application is submitted not 
        later than the date that is 90 days after the Secretary 
        prescribes such regulations under subsection (a); or
            (2) not later than such other date as may be established by 
        the Secretary pursuant to such regulations, if such application 
        is submitted after the date that is 90 days after the date the 
        regulations are prescribed.
    (c) Deadline.--
            (1) Generally.--Not later than 15 months after the date the 
        Secretary prescribes regulations under subsection (a), the 
        Secretary shall deny entry of a vessel into the United States 
        if any of the regulated containers carried by such vessel are 
        not certified under subsections (a) and (b).
            (2) Extension of deadline.--The Secretary may extend the 
        deadline under paragraph (1) for up to 1 year if the 
        Secretary--
                    (A) determines that none of the prototypes with 
                respect to which applications have been submitted prior 
                to such deadline are economically feasible; and
                    (B) submits a report (which may be in classified 
                form) to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives describing--
                            (i) the reasons for such extension; and
                            (ii) such steps as the Secretary deems 
                        necessary or appropriate to ensure that 
                        economically feasible prototypes exist prior to 
                        the extended deadline.

SEC. 102. SCREENING PRIOR TO DEPARTURE FROM PORT.

    (a) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations--
            (1) establishing standards for the certification of 
        equipment designed to screen a container carried by a vessel 
        entering the United States for radioactive and explosive 
        materials before the container leaves the port;
            (2) establishing the procedure by which interested parties 
        may apply for such certification, including the submittal of 
        prototypes and cost estimates; and
            (3) requiring that, effective on and after the date that is 
        15 months after the date such regulations are prescribed by the 
        Secretary, every container carried by a vessel entering the 
        United States shall be screened for radioactive and explosive 
        materials before the container leaves the port.
    (b) Certification.--The Secretary shall evaluate each application 
for certification submitted pursuant to the regulations described in 
paragraphs (1) and (2) of subsection (a), and shall notify each 
applicant whether the screening equipment is certified for purposes of 
screening containers for radioactive and explosive materials--
            (1) not later than the date that is 90 days after the 
        application is submitted, if such application is submitted not 
        later than the date that is 90 days after the Secretary 
        prescribes such regulations under subsection (a); or
            (2) not later than such other date as may be established by 
        the Secretary pursuant to such regulations, if such application 
        is submitted after the date that is 90 days after the date the 
        regulations are prescribed.
    (c) Screening Equipment Deployment.--
            (1) Twenty largest ports.--The Secretary shall take all 
        necessary action, including providing grants to ports, to 
        ensure that, not later than 15 months after the date the 
        Secretary prescribes regulations under subsection (a), the 20 
        largest ports in the United States, as determined by the 
        Secretary under section 201(a)(1), and any other United States 
        ports determined by the Secretary to be highly vulnerable, have 
        deployed screening equipment certified under subsections (a) 
        and (b).
            (2) Other ports.--The Secretary shall take all necessary 
        action to ensure that every other port in the United States 
        deploys such certified screening equipment as soon as 
        practicable.
    (d) Mandatory Screening Deadline.--Not later than the date that is 
15 months after the date the Secretary prescribes regulations under 
subsection (a), the Secretary shall require that any container carried 
by a vessel entering any of the 20 largest ports in the United States, 
and any other United States port determined by the Secretary to be 
highly vulnerable, shall be screened for radioactive and explosive 
materials before the container leaves the port.

                 TITLE II--PROTECTION OF LARGEST PORTS

SEC. 201. COMMAND AND CONTROL CENTERS.

    (a) Establishment of Command and Control Centers.--Not later than 
90 days after the date of the enactment of this Act, the Secretary 
shall--
            (1) identify the 20 largest ports in the United States, as 
        measured by the number of containers processed annually at each 
        port; and
            (2) in coordination with the Captain-of-the-Port and other 
        officials responsible for security matters at each such port, 
        develop a plan to establish a command and control center for 
        the purpose of coordinating, monitoring, and managing all of 
        the security operations at the port.
    (b) Grants.--
            (1) In general.--The Secretary shall establish a grant 
        program for providing funds to port authorities, facility 
        operators, and State and local agencies to develop and 
        implement the command and control centers under subsection 
        (a)(2).
            (2) Application.--Each entity seeking a grant under this 
        subsection shall submit an application to the Secretary at such 
        time, in such manner, and accompanied by such information as 
        the Secretary may reasonably require.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary 
$100,000,000 for the purpose of carrying out this Act.
                                 <all>