[Congressional Record Volume 148, Number 71 (Tuesday, June 4, 2002)]
[House]
[Pages H3120-H3131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PORT AND MARITIME SECURITY ACT OF 2001

  Mr. LoBIONDO. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 1214) to amend the Merchant Marine 
Act, 1936, to establish a program to ensure greater security for United 
States seaports, and for other purposes, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 1214

       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.

[[Page H3121]]

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

[[Page H3122]]

     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

[[Page H3123]]

     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).

[[Page H3124]]

       ``(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

[[Page H3125]]

     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

[[Page H3126]]

     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

[[Page H3127]]

     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:

[[Page H3128]]

       ``(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

[[Page H3129]]

     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.

[[Page H3130]]

       (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

[[Page H3131]]

     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.


                     Motion Offered by Mr. LoBiondo

  Mr. LoBIONDO. Madam Speaker, I offer a motion.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mr. LoBiondo moves that that House strike all after the 
     enacting clause of S. 1214, and insert the text of the bill 
     H.R. 3983, as passed by the House.

  The motion was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.
  A similar House bill (H.R. 3983) was laid on the table.


Appointment of Conferees on S. 1214, Port and Maritime Security Act of 
                                  2001

  Mr. LoBIONDO. Madam Speaker, I ask unanimous consent that the House 
insist on its amendment and request a conference with the Senate 
thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey? The Chair hears none, and without objection, 
appoints the following conferees:
  From the Committee on Transportation and Infrastructure, for 
consideration of the Senate bill and the House amendment, and 
modifications committed to conference: Messrs. Young of Alaska, Kolbe, 
LoBiondo, Oberstar and Ms. Brown of Florida.
  From the Committee on Ways and Means, for consideration of sections 
112 and 115 of the Senate bill, and section 108 of the House amendment, 
and modifications committed to conference: Messrs. Thomas, Crane and 
Rangel.
  There was no objection.

                          ____________________