[Congressional Record Volume 147, Number 147 (Tuesday, October 30, 2001)]
[Senate]
[Pages S11202-S11206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself, Mr. Breaux, and Mr. Hollings):
  S. 1587. A bill to provide improved port and maritime security, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. BREAUX. Madam President, along with Mr. Kerry, Chairman of the 
Oceans, Atmosphere and Fisheries Subcommittee, and Mr. Hollings, 
Chairman of the Commerce Committee, I rise today in support of the Port 
Threat and Security Act of 2001. I believe this legislation will help 
United States' authorities identify and counteract maritime threats 
from terrorist actions. Importantly, these provisions are designed in 
part to protect U.S. citizens and property from terrorist attacks 
before they reach our shores.
  As Chairman of the Surface Transportation and Merchant Marine 
Subcommittee, I held several oversight hearings on transportation 
security, including one on maritime security three weeks after the 
terrible attacks of September 11. The maritime security hearing 
solidified an opinion that I, and others on the Commerce Committee, had 
long held, the need for increased maritime security was important 
before September 11, and is absolutely crucial following the terrorist

[[Page S11203]]

attacks on New York city and Washington, D.C. The Oceans, Atmosphere 
and Fisheries Subcommittee, of which I am a member, followed with 
another hearing that underscored this message. Luckily, because of the 
foresight of Chairman Hollings, we had a head start on improving 
maritime security. S. 1214, the Maritime and Port Security Improvement 
Act, of which I am a proud cosponsor, was introduced in July and was 
reported out of the Committee in August. S. 1214 establishes a regime 
that will go a long way towards creating a safe and secure maritime 
transportation system. However, since much of it was crafted before 
September 11, it is only natural that additional measures are needed to 
ensure that our maritime system is as safe as possible.
  The bill we are introducing today is based on the testimony that was 
presented at the hearings before the Commerce Committee in the first 
two weeks of October. Administration and industry witnesses testified 
on the need to improve certain areas of S. 1214. This bill intends to 
fill the gaps identified by our witnesses. We will work with Committee 
members to ensure these provisions are included in S. 1214 before the 
Senate sends it to the House.
  A constant theme following the September 11 attacks has been the need 
for better information. Testimony at our hearings confirmed this theme 
in the maritime realm, we need to increase our information collection 
capabilities immediately and we need to hold our trading partners to 
the same standards to which we hold our maritime industry. This 
legislation requires the identification of nations that have inherently 
insecure or unsafe vessel registration procedures that can pose threats 
to our national security. It requires the Secretary of Transportation 
and Secretary of State to prepare an annual report for the Congress 
that would list those nations whose vessels the Coast Guard has found 
don't play by our rules. For example, investigations by the Department 
of Transportation reveal that it is common practice for vessels to 
possess false, partial, or fraudulent information concerning cargo 
manifests, crew identity, or registration of the vessel. This 
legislation will allow us to get a handle on these practices by 
identifying the most egregious violators of maritime law. However, the 
additional information collection required by this bill is just a 
start; the bill also requires the Administration to recommend to this 
Committee additional actions that can be taken, either domestically or 
through international organizations such as the International Maritime 
Organization, that will increase the transparency of 
vessel registration procedures.

  One of the responses following the highjackings has been to 
dramatically expand the air marshal program on air carriers, a step 
which I fully support. However, there is no similar program for 
maritime vessels in U.S. waters. The Coast Guard recently established a 
sea marshal program in the port of San Francisco where armed personnel 
accompany maritime pilots aboard vessels that cause security concerns. 
This legislation expands that small project into a national sea marshal 
program to help prevent terrorists from using maritime vessels as 
weapons of mass destruction. This legislation directs the Secretary to 
analyze vulnerability of ports and place sea marshals in ports that 
handle materials or vessels that make them potential targets of attack.
  Expansion of the sea marshal program is strongly supported by our 
Nation's sea pilots. Many people do not know that almost all maritime 
vessels that enter U.S. ports are accompanied by a U.S. sea pilot that 
has intimate knowledge of port and navigational channels, a living 
nautical chart, so to speak. They are an integral part of our maritime 
system that help to keep our ports and waterways safe. Pilots are often 
the first U.S. citizen to board inbound foreign vessels and may be the 
only U.S. citizens on vessels bound for U.S. ports; thus, they can be a 
valuable source of information. This legislation requires the Secretary 
of Transportation to use them more effectively in the war on terror. 
The Secretary is directed to investigate secure and reliable methods in 
which sea pilots can aid the Coast Guard and other U.S. authorities in 
an expanded maritime domain awareness program. The pilots themselves 
came forward to this Committee suggesting this idea, and I think it is 
critical that these pilots be provided with methods and equipment that 
will allow them to safely provide the authorities with information on 
illegal or terrorist activities while there is still time to prevent a 
catastrophe. One such example is the Vessel Traffic System, VTS, in the 
Port of  New  Orleans and the excellent partnership between the Coast 
Guard and the Crescent River Pilots Association. Under this 
partnership, vessels entering port are boarded by pilots carrying 
transponders. As the vessel transits the Mississippi River, inbound and 
outbound, the operations center manned by Coast Guard and pilots know 
the exact position of the vessel, as well as the course, speed and 
other important information. While already considered a model VTS 
program, once additional transponders are acquired, this program will 
continue to serve as a template for other ports.
  This legislation also greatly improves the information collected on 
the safety and security of foreign ports. With regards to foreign 
seaport assessments, the bill aligns the authority of the Secretary of 
Transportation with authorities that currently exist for foreign 
airports. The Secretary of Transportation is required to conduct 25 
foreign port vulnerability assessments each year and to ensure that 
U.S. citizens are informed about the results of these assessments in 
advance of embarking on their travel plans. Testimony before the 
Commerce Committee emphasized that in order to ensure that our shores 
are as safe as possible, we must view foreign ports as the outer 
boundary of our ``maritime domain.'' Much as the first provision in our 
bill provides for the collection of better information on vessels and 
countries that do not follow international standards, this provision 
provides for the collection of information on foreign ports that 
present potential security threats to the United States. By requiring 
the Secretary to conduct annual assessments of 25 ports, we not only 
gain a valuable source of information, but we also put foreign ports on 
notice that they will be held responsible for actions to secure their 
ports.
  If the assessments reveal that foreign ports do not have or maintain 
adequate security measures, the President is authorized to prohibit any 
vessel, U.S. flagged or foreign, from entering the United States from 
that port. Vessels that transit unsafe and insecure ports should not be 
allowed unrestricted access to United States ports. I would like to 
remind everyone that similar security protections were enacted for 
foreign airports, and I see no reason why the President should not have 
the same powers with respect to foreign maritime ports.
  We must begin to think of a maritime security program that begins 
well before a ship enters U.S. waters and certainly before they enter 
U.S. ports. I believe that the measures in this bill along with the 
port security program of S. 1214 will provide much better tools to 
guard against maritime threats to our Nation and our citizens.
  Mr. KERRY. Madam President, As Chairman of the Oceans, Atmosphere and 
Fisheries Subcommittee, I rise today to introduce legislation to 
identify and reduce maritime threats from criminal or terrorist action, 
particularly those originating from foreign ports and vessels. I am 
particularly pleased to be joined by the Chairman of the Commerce 
Committee Mr. Hollings of South Carolina and the Chairman of the 
Surface Transportation and Merchant Marine Subcommittee Mr. Breaux of 
Louisiana.
  Senator Breaux and I recently held oversight hearings before our 
respective Subcommittees on the Coast Guard and its role in improving 
maritime security after the terrible attacks of September 11. As 
Senators Hollings and Breaux well know, even before September 11 our 
maritime and port security was in sorry shape. Senator Hollings had 
already recognized the need to rectify these deficiencies and authored 
S. 1214, the Maritime and Port Security Improvement Act, which was 
reported out of the Committee in August, and which I am proud to 
cosponsor. However, the attacks on New York and Washington made it 
clear we need to go farther afield to guard against terrorism and other 
crimes.
  Today's legislation is intended to supplement the security provisions 
of

[[Page S11204]]

S. 1214 by improving our ability to detect and prevent maritime 
terrorism and crime before it has the chance to sail into U.S. ports. 
We intend to work with Committee members to ensure these provisions are 
included in the final bill the Senate sends to the House.
  At our October 11 oversight hearing, Coast Guard Commandant James Loy 
and other witnesses gave some thoughtful testimony that is the backbone 
of this legislation. The hearing also brought to light the challenges 
presented to the Coast Guard in securing our maritime border from such 
threats. In addition to introducing this legislation, we also will 
address glaring Coast Guard resource shortfalls through increased 
authorizations in our FY 2002 Coast Guard authorization bill, which we 
will bring to the floor shortly. The Port Threat and Security Act is 
focused on giving the Coast Guard the tools and the information they 
need to do the job right.
  First, we need to improve our base of information to identify bad 
actors throughout the maritime realm. This legislation would help us 
identify those nations whose vessels and vessel registration procedures 
pose potential threats to our national security. It would require the 
Secretaries of Transportation and State to prepare an annual report for 
the Congress that would list those nations whose vessels the Coast 
Guard has found would pose a risk to our ports, or that have presented 
our government with false, partial, or fraudulent information 
concerning cargo manifests, crew identity, or registration of the 
vessel. In addition the report would identify nations that do not 
exercise adequate control over their vessel registration and ownership 
procedures, particularly with respect to security issues. We need hard 
information like this if we are to force ``flag of convenience'' 
nations from providing cover to criminals and terrorists. Mr. 
President, this is very important as Osama bin Laden has used flags of 
convenience to hide his ownership in various international shipping 
interests. In 1998 one of bin Laden's cargo freighters unloaded 
supplies in Kenya for the suicide bombers who later destroyed the 
embassies in Kenya and Tanzania. To that end, the bill requires the 
Administration to report on actions they have taken, or would 
recommend, to close these loopholes and improve transparency and 
registration procedures, either through domestic or international 
action--including action at the International Maritime Organization.

  My legislation would also establish a national Sea Marshal program to 
protect our ports from the potential use of vessels as weapons of 
terror. A Sea Marshal program was recently established in San 
Francisco, and is supported strongly by the maritime pilots who, like 
airline pilots, are on the front lines in bringing vessels into U.S. 
ports. Sea Marshals would be used in ports that handle materials that 
are hazardous or flammable in quantities that make them potential 
targets of attack. The Coast Guard took a number of steps including 
using armed Coast Guard personnel to escort a Liquid Natural Gas, LNG, 
tanker into Boston last evening. This was the first delivery of LNG to 
Boston since September 11 and a number of people were concerned about 
the safety of bringing LNG into the port. Prior to September 11 these 
vessels were escorted by Coast Guard vessels into the port but no armed 
guards were present on the vessel. I strongly believe that having armed 
personnel, such as Sea Marshals, on these high interest vessels is very 
important and will considerably increase security in our nation's 
ports, including Boston. The ability of terrorists to board a vessel 
and cause a deliberate release of LNG or gasoline for that matter is 
very real. Sea Marshals will make it much more difficult for this to 
happen. The Secretary of Transportation would be responsible for 
establishing qualifications and standards for Sea Marshals which could 
be comprised of Federal, State or local law enforcement officials.
  This legislation also aims to make use of unarmed pilots as yet 
another way to combat terrorism in our ports. Nearly every vessel that 
enters a U.S. port is first boarded by a sea pilot to assist the crew 
in navigating the harbor. Many times these pilots are the first set of 
U.S. eyes on vessels that may be headed to our ports bearing criminals 
or contraband from overseas. They are our eyes and ears, but cannot be 
expected to be a line of physical defense, that is the job of the Sea 
Marshals. This legislation would require the Secretary of 
Transportation to use these ``eyes and ears'' effectively in the war on 
terror. The Secretary is directed to investigate discrete ways in which 
sea pilots can provide information to warn of a possible terrorist 
attack or other crime. It is important that we explore secure 
mechanisms to allow these pilots to contribute to our maritime domain 
awareness, including notifying law enforcement officials of suspicious 
activity on a vessel. I am convinced there are a number of ways that 
these pilots could safely provide the authorities with information that 
can thwart illegal activities without alerting the vessel's captain or 
crew, or potential terrorists.
  This legislation would also require the Secretary of Transportation 
to conduct 25 foreign port vulnerability assessments each year, and 
places on foreign ports the same reporting and assessment requirements 
we use for foreign airports. This is essential to ensure that U.S. 
citizens are protected from harm in foreign ports, and are informed 
about any risks before leaving U.S. soil. It is also absolutely 
necessary to use foreign ports as our first defense against threats to 
U.S. ports. We cannot expect to protect U.S. borders by erecting a 
fence only at our own ports. As one of our witnesses said, ``the 
leading edge of our boundary for homeland defense is, in fact, foreign 
ports.'' In many instances, such defenses would be fruitless because of 
the sheer volume of cargo that passes through our ports daily. We need 
advance warning long before these vessels appear at our harbor 
entrances. Critical information that can help the Coast Guard identify 
these risks can only be collected at foreign ports where cargo and 
persons are first placed aboard the vessel. Despite this obvious need, 
we have fallen behind on our assessments of foreign ports. I firmly 
believe that the only way we can make U.S. ports and harbors safe is by 
going to the source and ensuring appropriate measures and facilities 
are in place to guarantee the safety of U.S. citizens visiting foreign 
ports as well as the safety of cargo bound for the United States.
  In order to pay for these inspections this legislation authorizes the 
Secretary of Transportation to collect a 50 cent user fee on all cruise 
passengers that depart the United States for a foreign port. Quite 
frankly, 50 cents is a small price to pay for the peace of mind that 
comes with knowing that a port vulnerability assessment has been 
completed prior to a cruise ship with as many as 5,000 U.S. citizens as 
passengers, docks in a particular country. U.S. citizens should not be 
disembarking in ports that have not been scrutinized for security 
violations. One witness pointed out that in many circumstances U.S. 
cruise ship passengers are passing through ports that could not be 
assessed because they were deemed too dangerous for military personnel! 
This is ludicrous. I am sure those passengers had no idea of this 
potential danger, and we need to make sure that they are both safe and 
informed.
  Lastly, this legislation would allow the President to prohibit any 
vessel, U.S. flagged or foreign, from entering the United States if the 
vessel has embarked passengers or cargo from foreign ports that do not 
have adequate security measures as determined by the Secretary of 
Transportation. Recently inspectors in Italy checking a container bound 
for Canada discovered a member of the al-Qaida terrorist organization 
hiding in a shipping container equipped with a bed and makeshift 
bathroom. The suspect, an Egyptian in a business suit, had with him a 
Canadian passport, a laptop computer, two cell phones, airport maps, 
security passes for airports in three countries and a certificate 
proclaiming him an airplane mechanic. We cannot allow any country to 
have such poor security such that terrorists can stow away in a 
shipping container. I would like to remind everyone that a similar 
provision exists in the airline industry and I see no reason why the 
President should not have the power to suspend commerce from a port 
with inadequate security, just like he can now do with international 
airports.

[[Page S11205]]

  I believe that these provisions, when combined with the strong port 
security program of S. 1214, will ensure that the United States has the 
tools, the information, and the personnel to guard against waterborne 
threats to our nation and our citizens.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1587

       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

[[Page S11206]]

     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.
                                 ______