[Congressional Record Volume 148, Number 108 (Thursday, August 1, 2002)]
[Senate]
[Pages S7960-S7964]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Kyl, Mrs. Hutchison, and Ms. 
        Snowe):
  S. 2895. A bill to enhance the security of the United States by 
protecting seaports, and for other purposes; to the Committee, Science, 
and Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
Comprehensive Seaport and Container Security Act of 2002 to protect 
against terrorist attacks on or through our Nation's seaports. I would 
like to thank Senators Kyl, Hutchison, and Snowe for joining me in 
sponsoring this bill.
  Currently, our seaports are the gaping hole in our Nation's defense 
against terrorism. Of the over 18 million shipping containers that 
enter our ports each year, 6 million come from overseas. However, only 
1 or 2 percent of these containers are inspected, and inspections 
almost invariably occur after the containers arrive in the United 
States.
  The problem is that single container could contain 60,000 pounds of 
explosives, 10 to 15 times the amount in the Ryder truck used to blow 
up the Murrah Federal Building in Oklahoma city, and a single container 
ship can carry as many as 8,000 containers at one time. Containers 
could easily be exploited to detonate a bomb that would destroy a 
bridge, seaport, or other critical infrastructure, causing mass 
destruction and killing thousands.
  Worse, a suitcase-sized nuclear device or radiological ``dirty bomb'' 
could also be installed in a container and shipped to the United 
States. The odds that the container would never be inspected. And, even 
if the container was inspected, it would be too late. The weapon would 
already be in the United States--most likely near a major population 
center.
  There is no doubt in my mind that terrorists are seeking to exploit 
vulnerabilities at our seaports right now.
  For example, a recent article in the Bangkok Post notes that ``Al-
Qaeda is among international terrorist organisations responsible for an 
increase in piracy against ships carrying radioactive materials through 
the Malacca Straits. . . . The terrorist groups' main aims were to 
obtain substances such as uranium and plutonium oxide for use in so-
called dirty bombs.''
  In addition, any attack on or through a seaport could have 
devastating economic consequences. Every year U.S. ports handle over 
800 million tons of cargo valued at approximately $600 billion.
  Excluding trade with Mexico and Canada, America's ports handle 95 
percent of U.S. trade. Two of the busiest ports in the world are in my 
home State of California: Los Angeles/Long Beach and at Oakland.
  We cannot inspect every container coming into the United States, but 
we can do a better job devoting our attention to cargo that could put 
our national security at risk. The legislation we introduce today will 
ensure that we devote the limited resources we do have to inspect cargo 
in the most efficient and effective manner. It will allow us to reduce 
the size of the haystack to make it easier to find the needle.
  Since September 11th, the Federal Government has taken steps to 
secure our airports and our borders, however, we still have not adopted 
a blueprint for helping protect America's 361 seaports. While the 
Senate passed S. 1214, a bill written by Senator Hollings last 
December, and the House has also passed a port security bill, 
conference negotiations are still ongoing.
  I hope the conferees will adopt the provisions in this bill before 
they complete their work in conference because I believe that this bill 
is the only legislation that thoroughly addresses the issue of port 
security from the point cargo is loaded in a foreign country to its 
arrival on land in the United States.
  We have known for a long time that America's ports needed an 
extensive security strategy and upgrade. In the fall of 2000, a 
comprehensive report was issued by the Interagency Commission on Crime 
and Security in U.S. Seaports. I testified before the commission and I 
believe its report makes a number of sensible suggestions on how we can 
improve security and fight crime at seaports.
  Before the September 11 terrorist attacks, S. 1214 was drafted to try 
to implement many of the commission's recommendations. Before the bill 
passed the Senate in December 2001, the sponsors made some additional 
changes to help prevent a terrorist attack. However, I believe that 
there is much more Congress can do to prevent terrorists from launching 
a terrorist attack through our seaports.
  The legislation I am introducing today will complement the Hollings 
bill and the seaport security legislation passed by the House. 
Together, I believe the provisions in these three bills will erect a 
formidable security barrier at our seaports.
  I believe that Al Qaeda is planning to attack the United States again 
soon and that it may well try to do so through a U.S. seaport. Indeed, 
the Al Qaeda training manual specifically mentions seaports as a point 
of vulnerability in our security.
  In addition, we know that Al Qaeda has succeeded in attacking 
American interests at and through seaports in the past. Let me mention 
some examples.
  In June, the FBI issued a warning for Americans to be on the lookout 
for suspicious people wanting training in scuba diving or trying to 
rent underwater gear. Law enforcement officials fear that Al Qaeda 
operatives could try to blow up ships at anchor or other waterfront 
targets.
  In May the FBI received reports that Al Qaeda terrorists may be 
making their way toward Southern California from a Middle Eastern port 
via merchant ships. Catalina Island--22 miles off the coast of Los 
Angles, was mentioned as a possible destination for about 40 Al Qaeda 
terrorists.
  In October 2001, Italian authorities found an Egyptian man suspected 
for having ties to Al Qaeda in a container bound for Canada. He had 
false identifications, maps of airports, a computer, a satellite 
phones, cameras, and plenty of cash on hand.

[[Page S7961]]

  In October 2000, Al Qaeda operatives successfully carried out a 
deadly bombing attack against the U.S.S. Cole in the port of Yemen.
  In 1998, Al Qaeda bombed the American Embassies in Kenya and 
Tanzania. Evidence suggests that the explosives the terrorists used 
were shipped to them by sea. And the investigation of the embassy 
bombings concluded that Bin Laden has close financial tries to various 
shipping companies.
  I believe that this legislation would go far to make the United 
States less vulnerable to a terrorist attack. The main provisions will: 
1. Establish a risk profiling plan for the Customs Service to focus 
their limited inspection capabilities on high-risk cargo and 
containers, and 2. Push U.S. security scrutiny beyond our Nation's 
borders to monitor and inspect cargo and containers before they arrive 
near America's shores.
  These provisions complement and extend a strategy Customs 
Commissioner Robert C. Bonner is already in the process of 
implementing. To prevent a weapon of mass destruction from getting to 
the U.S. in the first place, Customs has entered into formal agreements 
with a handful of foreign governments to station U.S. inspectors at 
ports overseas to profile high risk cargo and target suspicious 
shipments for inspection.
  The Comprehensive Seaport and Container Security Act will also: 
Designate an official at each U.S. port as the primary authority 
responsible for security. This will enable all parties involved in 
business at a port to understand who has final say on all security 
matters.
  Require the FBI to collect and make available data relating to crime 
at and affecting seaports. With more data, law enforcement agencies 
will be able to better identify patterns and weaknesses at particular 
ports.
  Require ports to provide space to Customs so that the agency is able 
to use its non-intrusive inspection technology. In many cases, Customs 
has to keep this technology outside the port and bring it in every day, 
which prevents some of the best inspection technology, which is not 
portable, from being used.
  Give Customs responsibility of licensing and overseeing regulated 
intermediaries in the international trade process, these intermediaries 
handle over 80 percent of all cargo in international trade. Currently, 
the U.S. Federal Maritime Commission oversees most of these 
intermediaries, but Customs will have more resources to oversee this 
regulation.
  Require shippers bound for U.S. ports to transmit their cargo 
manifests with more detailed information at least 24 hours prior to 
departing from a foreign port.
  Impose steep monetary sanctions for failure to comply with 
information filing requirements, including filing incorrect 
information, the current penalty is only a maximum of $1000 or $5000, 
depending on the offense. The Seaport Commission found that about half 
of the information on ship manifests was inaccurate.
  Require all port employees to have biometric smart identification 
cards.
  Restrict private vehicle access to ports.
  Prohibit guns and explosives at ports, except when authorized.
  Mandate that radiation detection pagers be issued to each inspector.
  Requires the Transportation Security Administration to set standards 
to ensure each port has a secure port perimeter, secure parking 
facilities, controlled points of access into the port, sufficient 
lighting, buildings with secure doors and windows and an alarm.
  Require all ports to keep sensitive information on the port secure 
and protected. Such information would include, but not be limited to 
maps, blueprints, and information on the Internet.
  Require the use of high security seals on all containers coming into 
the U.S.
  Require that each container to be transported through U.S. ports 
receive a universal transaction number that could be used to track 
container movement from origin to destination. Require shippers to have 
similar universal numbers.
  Require all empty containers destined for U.S. ports to be secured.
  Fund pilot programs to develop high-tech seals and sensors, including 
those that would provide real-time evidence of container tampering to a 
monitor at a terminal.
  I believe that Congress should act quickly on this legislation. This 
bill could very well prevent the arrival or detonation of a nuclear 
``suitcase bomb'' or radiological ``dirty bomb'' at a U.S. seaport-an 
attack that could bring U.S. seaborne commerce to a grinding halt, 
leaving our economy and national security in shambles.
  In closing, I want to thank staff at the Customs Service, 
Transportation Security Administration, Coast Guard, and various ports 
for their helpful comments on this legislation. I also want to thank a 
``working group'' of experts I assembled for their suggestions 
regarding the bill. These experts included former government officials, 
industry executives, and security consultants.
  I also want to thank Senator Hollings and the other members of the 
Commerce Committee for the work they have done on the port security 
issue. I have spoken to Senator Hollings about the bill I am 
introducing today, and my staff is working with his staff and with the 
staff of other conferees to come up with comprehensive seaport security 
legislation.
  I hope that the legislation ultimately adopted by the conference 
includes the Comprehensive Seaport and Container Security Act of 2002. 
I would urge the conferees to work quickly to draft a final bill that 
we can send to the President's desk before September 11.
  Mr President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2895

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Seaport and 
     Container Security Act of 2002''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Captain-of-the-port.--The term ``Captain-of-the-Port'' 
     means the United States Coast Guard's Captain-of-the-Port.
       (2) Common carrier.--The term ``common carrier'' means any 
     person that holds itself out to the general public to provide 
     transportation by water, land, or air of merchandise, whether 
     or not the person actually operates the vessel, vehicle, or 
     aircraft by which the transportation is provided, between a 
     port or place and a port or place in the United States.
       (3) Container.--The term ``container'' means a container 
     which is used or designed for use for the international 
     transportation of merchandise by vessel, vehicle, or 
     aircraft.
       (4) Manufacturer.--The term ``manufacturer'' means a person 
     who fabricates or assembles merchandise for sale in commerce.
       (5) Merchandise.--The term ``merchandise'' has the meaning 
     given that term in section 401 of the Tariff Act of 1930 (19 
     U.S.C. 1401).
       (6) Ocean transportation intermediary.--The term ``ocean 
     transportation intermediary'' has the meaning given that term 
     in section 515.2 of title 46, Code of Federal Regulations, on 
     the date of enactment of this Act.
       (7) Shipment.--The term ``shipment'' means cargo traveling 
     in international commerce under a bill of lading.
       (8) Shipper.--The term ``shipper'' means--
       (A) a cargo owner;
       (B) the person for whose account the ocean transportation 
     is provided;
       (C) the person to whom delivery of the merchandise is to be 
     made; or
       (D) a common carrier that accepts responsibility for 
     payment of all charges applicable under a tariff or service 
     contract.
       (9) United states seaport.--The term ``United States 
     seaport'' means a place in the United States on a waterway 
     with shoreside facilities for the intermodal transfer of 
     cargo containers that are used in international trade.
       (10) Vessel.--The term ``vessel'' has the meaning given 
     that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 
     1401).

                  TITLE I--LAW ENFORCEMENT AT SEAPORTS

     SEC. 101. DESIGNATED SECURITY AUTHORITY.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Under Secretary of Transportation 
     for Security, after consultation with the Director of the 
     Office of Homeland Security, shall designate a Director of 
     the Port who will be the primary authority responsible for 
     security at each United States seaport to--
       (1) coordinate security at such seaport; and
       (2) be the point of contact on seaport security issues for 
     civilian and commercial port entities at such seaport.
       (b) Delegation.--A Director of the Port may delegate the 
     responsibilities described in subsection (a) to the Captain-
     of-the-Port.

[[Page S7962]]

     SEC. 102. FBI CRIME DATA COLLECTION.

       Not later than 180 days after the date of enactment of this 
     Act, the Director of the Federal Bureau of Investigation 
     shall implement a data collection system to compile data 
     related to crimes at or affecting United States seaports. 
     Such data collection system shall be designed to--
       (1) identify patterns of criminal activity at particular 
     seaports; and
       (2) allow law enforcement authorities, including the 
     designated law enforcement authority for each seaport 
     described in section 101, to retrieve reliable data regarding 
     such crimes.

     SEC. 103. CUSTOMS SERVICE FACILITIES.

       (a) Operational Space in Seaports.--Each entity that owns 
     or operates a United States seaport that receives cargo from 
     a foreign country, whether governmental, quasi-governmental, 
     or private, shall allow the use of permanent suitable office 
     and inspection space within the seaport by United States 
     Customs Service officers at no cost to the Customs Service.
       (b) Inspection Technology.--The Commissioner of Customs 
     shall maintain permanent inspection facilities that utilize 
     available inspection technology in the space provided at each 
     United States seaport pursuant to subsection (a).

     SEC. 104. REGULATION OF OCEAN TRANSPORT INTERMEDIARIES.

       (a) Transfer of Authority.--The responsibility to license, 
     and revoke or suspend a license, as an ocean transportation 
     intermediary of a person who carries on or wishes to carry on 
     the business of providing intermediary services is 
     transferred from the Federal Maritime Commission to the 
     Commissioner of Customs.
       (b) Rulemaking Authority.--Not later than 1 year after the 
     date of enactment of this Act, the Commissioner of Customs 
     shall issue final regulations to carry out the requirements 
     of subsection (a). Such regulations shall require that ocean 
     transportation intermediaries assist the Commissioner of 
     Customs in collecting data that can be used to prevent 
     terrorist attacks in the United States.
       (c) Interim Rules.--The Commissioner of Customs shall 
     enforce the regulations in part 515 of title 46, Code of 
     Federal Regulations, as in effect on the date of enactment of 
     this Act, until the final regulations required by subsection 
     (b) are issued, except that any reference to the Federal 
     Maritime Commission in such regulations shall be deemed to be 
     a reference to the Commissioner of Customs.
       (d) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions relating to 
     ocean transportation intermediary--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred under 
     subsection (a), and
       (2) which are in effect at the time this Act takes effect, 
     or were final before the effective date of this Act and are 
     to become effective on or after the effective date of this 
     Act,
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the head of the Federal 
     agency to which such functions are transferred under this Act 
     or other authorized official, a court of competent 
     jurisdiction, or by operation of law.
       (e) Proceedings Not Affected.--
       (1) In general.--The provisions of this Act shall not 
     affect any proceedings, including notices of proposed rule 
     making, or any application for any license, permit, 
     certificate, or financial assistance pending on the effective 
     date of this Act before the Federal Maritime Commission with 
     respect to functions transferred by this Act, but such 
     proceedings or applications, to the extent that they relate 
     to functions transferred, shall be continued. Orders shall be 
     issued in such proceedings, appeals shall be taken therefrom, 
     and payments shall be made under such orders, as if this Act 
     had not been enacted, and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by the head of the Federal 
     agency to which such functions are transferred by this Act, 
     by a court of competent jurisdiction, or by operation of law. 
     Nothing in this subsection prohibits the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this Act had not been 
     enacted.
       (2) Regulations.--The Commissioner of Customs is authorized 
     to issue regulations providing for the orderly transfer of 
     proceedings continued under paragraph (1).

                    TITLE II--PUSHING OUT THE BORDER

     SEC. 201. INSPECTION OF MERCHANDISE AT FOREIGN FACILITIES.

       Not later than 180 days after the date of enactment of this 
     Act, the Commissioner of Customs, in consultation with the 
     Under Secretary of Transportation for Security, shall submit 
     to Congress a plan to--
       (1) station inspectors from the Customs Service, other 
     Federal agencies, or the private sector at the foreign 
     facilities of manufacturers or common carriers to profile and 
     inspect merchandise and the containers or other means by 
     which such merchandise is transported as they are prepared 
     for shipment on a vessel that will arrive at any port or 
     place in the United States;
       (2) develop procedures to ensure the security of 
     merchandise inspected as described in paragraph (1) until it 
     reaches the United States; and
       (3) permit merchandise inspected as described in paragraph 
     (1) to receive expedited inspection upon arrival in the 
     United States.

     SEC. 202. MANIFEST REQUIREMENTS.

       Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 
     1431(b)) is amended--
       (1) by striking ``Any manifest'' and inserting the 
     following:
       ``(1) In general.--Any manifest''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Required information.--
       ``(A) Requirement.--In addition to any other requirement 
     under this section, the pilot, master, operator, or owner (or 
     the authorized agent of such owner or operator) of every 
     vessel required to make entry or obtain clearance under the 
     customs laws of the United States shall, not later than 24 
     hours prior to departing from any foreign port or place for a 
     port or place in the United States, transmit electronically 
     the cargo manifest information described in subparagraph (B) 
     in such manner and form as the Secretary shall prescribe. The 
     Secretary shall ensure the electronic information is 
     maintained securely, and is available only to individuals 
     with Federal Government security responsibilities.
       ``(B) Content.--The cargo manifest required by subparagraph 
     (A) shall consist of the following information--
       ``(i) The port of arrival and departure.
       ``(ii) The carrier code assigned to the shipper.
       ``(iii) The flight, voyage, or trip number.
       ``(iv) The date of scheduled arrival and departure.
       ``(v) A request for a permit to proceed to the destination, 
     if such permit is required.
       ``(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 and the city 
     in which the carrier took receipt of the cargo.
       ``(viii) A description and weight of the cargo (including 
     the Harmonized Tariff Schedule of the United States number 
     under which the cargo is classified) or, for a sealed 
     container, the shipper's declared description and weight of 
     the cargo.
       ``(ix) The shipper's name and address, or an identification 
     number, from all air waybills and bills of lading.
       ``(x) The consignee's name and address, or an 
     identification number, from all air waybills and bills of 
     lading.
       ``(xi) Notice of any discrepancy between actual boarded 
     quantities and 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) The location of the warehouse or other facility 
     where the cargo was stored while under the control of the 
     carrier.
       ``(xiv) The name and address, or identification number of 
     the carrier's customer including the forwarder, nonvessel 
     operating common carrier, and consolidator.
       ``(xv) The conveyance name, national flag, and tail number, 
     vessel number, or train number.
       ``(xvi) Country of origin and ultimate destination.
       ``(xvii) Carrier's reference number including the booking 
     or bill number.
       ``(xviii) Shipper's commercial invoice number and purchase 
     order number.
       ``(xix) Information regarding any hazardous material 
     contained in the cargo.
       ``(xx) License information including the license code, 
     license number, or exemption code.
       ``(xxi) Container number for containerized shipments.
       ``(xxii) Certification of any empty containers.
       ``(xxiii) 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.''.

     SEC. 203. PENALTIES FOR INACCURATE MANIFEST.

       (a) Falsity or Lack of Manifest.--Section 584 of the Tariff 
     Act of 1930 (19 U.S.C. 1584) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``$1,000'' each place it appears and 
     inserting ``$50,000''; and
       (B) by striking ``$10,000'' and inserting ``$50,000''; and
       (2) by adding at the end the following new subsection:
       ``(c) Criminal Penalties.--Any person who ships or prepares 
     for shipment any merchandise bound for the United States who 
     intentionally provides inaccurate or false information, 
     whether inside or outside the United States, with respect to 
     such merchandise for the purpose of introducing such 
     merchandise into the United States in violation of the 
     customs laws of the United States, is liable, upon conviction 
     of a violation of this subsection, for a fine of not more 
     than $50,000 or imprisonment for 1 year, or both; except that 
     if the importation of such merchandise into the United States 
     is prohibited, such person

[[Page S7963]]

     is liable for an additional fine of not more than $50,000 or 
     imprisonment for not more than 5 years, or both.''.
       (b) Penalties for Violations of the Arrival, Reporting, 
     Entry, and Clearance Requirements.--Subsections (b) and (c) 
     of section 436 of Tariff Act of 1930 (19 U.S.C. 1436 (b) and 
     (c)) are amended to read as follows:
       ``(b) Civil Penalty.--Any master, person in charge of a 
     vessel, vehicle, or aircraft pilot who commits any violation 
     listed in subsection (a) is liable for a civil penalty of 
     $25,000 for the first violation, and $50,000 for each 
     subsequent violation, and any conveyance used in connection 
     with any such violation is subject to seizure and forfeiture.
       ``(c) Criminal Penalty.--In addition to being liable for a 
     civil penalty under subsection (b), any master, person in 
     charge of a vessel, vehicle, or aircraft pilot who 
     intentionally commits or causes another to commit any 
     violation listed in subsection (a) is, upon conviction, 
     liable for a fine of not more than $50,000 or imprisonment 
     for 1 year, or both; except that if the conveyance has, or is 
     discovered to have had, on board any merchandise (other than 
     sea stores or the equivalent for conveyances other than 
     vessels) the importation of which into the United States is 
     prohibited, such individual is liable for an additional fine 
     of not more than $50,000 or imprisonment for not more than 5 
     years, or both.''.

     SEC. 204. SHIPMENT PROFILING PLAN.

       (a) In General.--The Commissioner of Customs, after 
     consultation with the Director of the Office of Homeland 
     Security and the Under Secretary of Transportation for 
     Security, shall develop a shipment profiling plan to track 
     containers and shipments of merchandise that will be imported 
     into the United States for the purpose of identifying any 
     shipment that is a threat to the security of the United 
     States before such shipment is transported to a United States 
     seaport.
       (b) Information Requirements.--The shipment profiling plan 
     described in subsection (a) shall at a minimum--
       (1) require common carriers, shippers, and ocean 
     transportation intermediaries to provide appropriate 
     information regarding each shipment of merchandise, including 
     the information required under section 431(b) of the Tariff 
     Act of 1930 (19 U.S.C. 1431(b)) as amended by this Act, to 
     the Commissioner of Customs; and
       (2) require shippers to use a standard international bill 
     of lading for each shipment that includes--
       (A) the weight of the cargo;
       (B) the value of the cargo;
       (C) the vessel name;
       (D) the voyage number;
       (E) a description of each container;
       (F) a description of the nature, type, and contents of the 
     shipment;
       (G) the code number from Harmonized Tariff Schedule;
       (H) the port of destination;
       (I) the final destination of the cargo;
       (J) the means of conveyance of the cargo;
       (K) the origin of the cargo;
       (L) the name of the precarriage deliverer or agent;
       (M) the port at which the cargo was loaded;
       (N) the name of formatting agent;
       (O) the bill of lading number;
       (P) the name of the shipper;
       (Q) the name of the consignee;
       (R) the universal transaction number or carrier code 
     assigned to the shipper by the Commissioner of Customs; and
       (S) any additional information that the Commissioner of 
     Customs by regulation determines is reasonably necessary to 
     ensure seaport safety.
       (c) Creation of Profile.--The Commissioner of Customs shall 
     combine the information described in subsection (b) with 
     other law enforcement and national security information that 
     the Commissioner believes will assist in locating containers 
     and shipments that could pose a threat to the security of the 
     United States to create a profile of every container and 
     every shipment within the container that will enter the 
     United States.
       (d) Cargo Screening.--
       (1) In general.--Customs Service officers shall review the 
     profile of a shipment that a shipper desires to transport 
     into the United States to determine if the shipment or the 
     container in which it is carried should be subjected to 
     additional inspection by the Customs Service. In making that 
     determination, the Customs Service officers shall consider in 
     addition to any other relevant factors--
       (A) whether the shipper has regularly shipped cargo to the 
     United States in the past; and
       (B) the specificity of the description of the shipment's 
     contents.
       (2) Notification.--The Commissioner of Customs shall notify 
     the shipper and the person in charge of the vessel on which a 
     shipment is located if the shipment will be subject to 
     additional inspection as described in paragraph (1).
       (e) Consistency With the Automated Commercial Environment 
     Project.--The Commissioner of Customs shall ensure that the 
     automated commercial environment project developed pursuant 
     to section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is 
     compatible with the shipment profile plan described under 
     this section.

          TITLE III--SECURITY OF CARGO CONTAINERS AND SEAPORTS

     SEC. 301. SEAPORT SECURITY CARDS.

       (a) Requirement for Cards.--Not later than 1 year after the 
     date of enactment of this Act, a covered individual described 
     in subsection (b) shall not be permitted to enter a United 
     States seaport unless the covered individual holds a seaport 
     security card as described in this section.
       (b) Covered Individual.--A ``covered individual'' means an 
     individual who is regularly employed at a United States 
     seaport or who is employed by a common carrier that 
     transports merchandise to or from a United States seaport.
       (c) Issuance.--
       (1) In general.--The Under Secretary of Transportation for 
     Security shall issue a seaport security card under this 
     section to a covered individual unless the Under Secretary 
     determines that the individual--
       (A) poses a terrorism security risk;
       (B) poses a security risk under section 5103a of title 49, 
     United States Code;
       (C) has been convicted of a violation of chapter 27 of 
     title 18, United States Code; or
       (D) has not provided sufficient information to allow the 
     Under Secretary to make the determinations described in 
     subparagraph (A), (B), or (C).
       (2) Determination of terrorism security risk.--The Under 
     Secretary shall determine that a person poses a terrorism 
     security risk under paragraph (1)(A) if the individual--
       (A) has been convicted of a felony that the Under Secretary 
     believes could be a terrorism security risk to the United 
     States;
       (B) may be denied admission to the United States or removed 
     from the United States under the Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.); or
       (C) otherwise poses a terrorism security risk to the United 
     States.
       (3) Considerations.--In making a determination under 
     paragraph (2), the Under Secretary shall give consideration 
     to the circumstances of any disqualifying act or offense, 
     restitution made by the individual, Federal and State 
     mitigation remedies, and other factors from which it may be 
     concluded that the individual does not pose a terrorism 
     security risk sufficient to warrant denial of the card.
       (d) Appeals.--The Under Secretary of Transportation for 
     Security shall establish an appeals process under this 
     section for individuals found to be ineligible for a seaport 
     security card that includes notice and an opportunity for a 
     hearing.
       (e) Data on Card.--The seaport identification cards 
     required by subsection (a) shall--
       (1) be tamper resistant; and
       (2) contain--
       (A) the number of the individual's commercial driver's 
     license issued under chapter 313 of title 49, United States 
     Code, if any;
       (B) the State-issued vehicle registration number of any 
     vehicle that the individual desires to bring into the 
     seaport, if any;
       (C) the work permit number issued to the individual, if 
     any;
       (D) a unique biometric identifier to identify the license 
     holder; and
       (E) a safety rating assigned to the individual by the Under 
     Secretary of Transportation for Security.

     SEC. 302. SEAPORT SECURITY REQUIREMENTS.

       (a) Requirement.--Not later than 180 days after the date of 
     enactment of this Act, the Under Secretary of Transportation 
     for Security, after consultation with the Commissioner of 
     Customs, shall issue final regulations setting forth minimum 
     security requirements including security performance 
     standards at United States seaports. The regulations shall--
       (1) limit private vehicle access to United States seaports 
     to vehicles that are registered at the seaport and display a 
     seaport registration pass;
       (2) prohibit individuals, other than law enforcement 
     officers, from carrying firearms or explosives inside a 
     United States seaport without written authorization from the 
     Director of the Port described in section 101(a) or, if 
     authority is delegated under section 101(b), the Captain-of-
     the-Port;
       (3) prohibit individuals from physically accessing a United 
     States seaport without a seaport specific access pass;
       (4) require that Customs Service officers, and other 
     appropriate law enforcement officers, at United States 
     seaports be provided and utilize personal radiation detection 
     pagers to increase the ability of the Customs Service to 
     accurately detect radioactive materials that could be used to 
     commit terrorist acts in the United States;
       (5) require that each United States seaport maintain--
       (A) a secure perimeter;
       (B) secure parking facilities;
       (C) monitored or locked access points;
       (D) sufficient lighting; and
       (E) secure buildings within the seaport; and
       (6) include any additional security requirement that the 
     Under Secretary determines is reasonably necessary to ensure 
     seaport security.
       (b) Limitation.--Except as provided in subsection (c), any 
     United States seaport that does not meet the minimum security 
     requirements described in subsection (a) is prohibited from--
       (1) handling, storing, stowing, loading, discharging, or 
     transporting dangerous cargo; and
       (2) transferring passengers to or from a passenger vessel 
     that--
       (A) weighs more than 100 gross tons;
       (B) carries more than 12 passengers for hire; and
       (C) has a planned voyage of more than 24 hours, part of 
     which is on the high seas.

[[Page S7964]]

       (c) Exception.--The Under Secretary of Transportation for 
     Security may waive 1 or more of the minimum requirements 
     described in subsection (a) for a United States seaport if 
     the Secretary determines that it is not appropriate for such 
     seaport to implement the requirement.

     SEC. 303. SECURING SENSITIVE INFORMATION.

       (a) Requirement.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Port described in 
     section 101(a) or, if authority is delegated under section 
     101(b), the Captain-of-the-Port of each United States seaport 
     shall secure and protect all sensitive information, including 
     information that is currently available to the public, 
     related to the seaport.
       (b) Sensitive Information.--In this section, the term 
     ``sensitive information'' means--
       (1) maps of the seaport;
       (2) blueprints of structures located within the seaport; 
     and
       (3) any other information related to the security of the 
     seaport that the Director of the Port described in section 
     101(a) or, if authority is delegated under section 101(b), 
     the Captain-of-the-Port determines is appropriate to secure 
     and protect.

     SEC. 304. CONTAINER SECURITY.

       (a) Container Seals.--
       (1) Approval.--Not later than 90 days after the date of 
     enactment of this Act, the Under Secretary of Transportation 
     for Security and the Commissioner of Customs shall jointly 
     approve minimum standards for high security container seals 
     that--
       (A) meet or exceed the American Society for Testing 
     Materials Level D seals;
       (B) permit each seal to have a unique identification 
     number; and
       (C) contain an electronic tag that can be read 
     electronically at a seaport.
       (2) Requirement for use.--Within 180 days after the date of 
     enactment of this Act, the Under Secretary of Transportation 
     for Security shall deny entry by a vessel into the United 
     States if the containers carried by the vessel are not sealed 
     with a high security container seal approved under paragraph 
     (1).
       (b) Identification Number.--
       (1) Requirement.--A shipment that is shipped to or from the 
     United States either directly or via a foreign port shall 
     have a designated universal transaction number.
       (2) Tracking.--The person responsible for the security of a 
     container shall record the universal transaction number 
     assigned to the shipment under subparagraph (1), as well as 
     any seal identification number on the container, at every 
     port of entry and point at which the container is transferred 
     from one conveyance to another conveyance.
       (c) Pilot Program.--
       (1) Grants.--The Under Secretary of Transportation for 
     Security is authorized to award grants to eligible entities 
     to develop improved seals for cargo containers that are able 
     to--
       (A) immediately detect tampering with the seal;
       (B) immediately detect tampering with the walls, ceiling, 
     or floor of the container that indicates a person is 
     attempting to improperly access the container; and
       (C) transmit information regarding tampering with the seal, 
     walls, ceiling, or floor of the container in real time to the 
     appropriate authorities at a remote location.
       (2) Application.--Each eligible entity desiring a grant 
     under this subsection shall submit an application to the 
     Under Secretary at such time, in such manner, and accompanied 
     by such information as the Under Secretary may reasonably 
     require.
       (3) Eligible entity.--In this subsection, the term 
     ``eligible entity'' means any national laboratory, nonprofit 
     private organization, institution of higher education, or 
     other entity that the Under Secretary determines is eligible 
     to receive a grant authorized by paragraph (1).
       (d) Empty Containers.--
       (1) Certification.--The Commissioner of Customs shall issue 
     regulations that set out requirements for certification of 
     empty containers that will be shipped to or from the United 
     States either directly or via a foreign port. Such 
     regulations shall require that an empty container--
       (A) be inspected and certified as empty prior to being 
     loaded onto a vessel for transportation to a United States 
     seaport; and
       (B) be sealed with a high security container seal approved 
     under subsection (a)(1) to enhance the security of United 
     States seaports.

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