[Senate Report 108-274]
[From the U.S. Government Publishing Office]
Calendar No. 530
108th Congress Report
SENATE
2d Session 108-274
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MARITIME TRANSPORTATION SECURITY ACT OF 2004
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2279
May 20, 2004.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
second session
JOHN MCCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Rob Freeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
(ii)
Calendar No. 530
108th Congress Report
SENATE
2d Session 108-274
======================================================================
MARITIME TRANSPORTATION SECURITY ACT OF 2004
_______
May 20, 2004.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2279]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2279) to amend title 49, United
States Code, with respect to maritime transportation security,
and for other purposes, having considered the same, reports
favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of the bill is to build upon and enhance
implementation of the Maritime Transportation Security Act of
2002 (P.L. 107-295), and to improve maritime transportation
security.
Background and Needs
The Maritime Transportation Security Act of 2002, which was
signed into law November 25, 2002, established the first
Federal requirements for maritime transportation security;
however, many of these requirements have yet to be developed or
implemented. Such delays threaten potential maritime security
enhancements. In particular, the lack of coordination and
absence of established standards and goals have lead to
confusion for the maritime industry as to what must be done to
improve security and to whom to go with security questions.
Confusion of this sort could lead to less cooperation from
industry and ultimately to lax security. S. 2279, the Maritime
Transportation Security Act of 2004, would provide further
direction and clarification in achieving maritime
transportation security objectives.
Summary of Provisions
S. 2279 would build on the Maritime Transportation Security
Act of 2002, improving coordination among agencies with a
maritime role, and requiring the establishment of standards and
goals in an effort to provide those in the maritime industry a
better understanding of their responsibilities pertaining to
security. The measure includes a number of report and security
plan refinement requirements that would further clarify
maritime transportation security objectives.
Specifically, the bill would impose in rem liability to
secure payment of penalties and fines under the Act.
Additionally, a vessel would be liable in rem for certain
unpaid reimbursable costs, defined as costs incurred by any
service provider, including port authorities, facility or
terminal operators, shipping agents, Federal, State, or local
government agencies, or other person to whom the management of
the vessel at the port of supply is entrusted. Reimbursable
costs could be incurred by any valid claimant for expenses
incurred related to actions required by law enforcement in the
handling of cargo, or certain actions required to be taken with
respect to the vessel's crew.
The bill includes provisions to increase the security in
waterside cargo areas, and ensure that cargo contents of
imported marine cargo containers would be required to be
removed from the pier or wharf within five days of entering a
United States port, or removed if after five days it has not
been cleared, and sent to a Federally regulated warehouse where
the marine container would be opened to verify its contents.
The bill also would require a report on the current policies
and practices to secure the shipment of empty containers, with
recommendations included whether additional regulations or
legislation is necessary regarding empty containers.
The Secretary would be required to produce a report on a
preliminary plan for coordinating, collecting, analyzing, and
disseminating maritime information collected by Federal
agencies on ships, cargo, crew members, and passengers. In part
this would help bolster the information available pertaining to
the crew, passengers, and cargoes carried on vessels operating
in waters under the jurisdiction of the United States, and help
increase the awareness of Federal, State, and private sector
security personnel. Recommendations would be included
pertaining to various potential improvements, including: co-
locating agency personnel with similar expertise; the
utilization of private sector resources; and the expansion of
maritime information through cooperation with the Department of
the Navy.
The Secretary would be required, within 180 days after
enactment, to submit a report on the Department of Homeland
Security's (DHS) cargo security programs, and provide
recommendations on cargo security enhancements, and cargo
security plans. Specifically, DHS would report on the Secure
Systems of Transportation (SST) plan; the installation of
radiation detectors at United States ports; non-intrusive
inspection of marine cargo at foreign ports; and compliance
with security standards programs. Importantly, with respect to
the provision of the report on SST, an analysis of the
feasibility of establishing a user fee is to be included in
order to evaluate, certify, and validate secure systems of
transportation, as is an analysis of the need and feasibility
of establishing a system to inspect, monitor, and track
intermodal shipping containers within the United States. The
report also would contain a determination whether an
international approach to established standards for SST is
justified.
The bill would require the DHS Inspector General (DHS IG) to
report to the Senate Committee on Commerce, Science, and
Transportation (Committee or Commerce Committee) and the House
of Representatives Committee on Transportation and
Infrastructure evaluating the progress made by DHS in
implementing its SST plan.
The DHS IG also would be required to evaluate the
Department's cargo inspection targeting system for
international intermodal cargo containers. This evaluation
would be completed six months after date of enactment, and
annually thereafter, to determine the system's effectiveness,
the sources and quality of information, the reporting and
analysis of statistics including the testing of targeting
analysis, and the competence and training of employees to
determine whether they are sufficiently capable to detect
potential terrorist threats. Should the IG find the system
lacking in any of the evaluated areas, the Secretary would be
required to double the number of containers subjected to
intrusive or non-intrusive inspection at United States ports or
to be shipped to the United States from foreign ports.
Section five would require the Commandant of the United
States Coast Guard to report to Congress, within 180 days after
enactment, on the potential benefits of establishing joint
operational centers for port security at certain United States
seaports, like, and including, those already established in
Norfolk, VA; Charleston, S.C.; and San Diego, CA.
Section six of the bill would rewrite the port security grant
program to be established by the Undersecretary of Homeland
Security for Border and Transportation Security, and be
coordinated with the Director of the Office of Domestic
Preparedness. The grant awards would be reviewed by the Federal
Maritime Security Coordinator and the Maritime Administrator.
Section seven would require the Maritime Administrator, in
coordination with the Secretary of State, to identify foreign
assistance programs that could facilitate implementation of
port security anti-terrorism measures in foreign countries. The
section also would require the Secretary of DHS to issue a
report on Caribbean Basin port security effectiveness,
readiness, and additional resources necessary. It is expected
that utilizing the foreign assistance budget in this fashion
will ensure that those nations that could be in jeopardy of
losing trading privileges with the United States because of
security deficiencies could, in fact, continue to receive
foreign assistance from the United States, as well as continue
United States trade.
The Secretary of Transportation would be required, under
section eight, to establish a curriculum to educate and
instruct Federal and State officials on commercial maritime and
intermodal transportation in order to facilitate performance of
their security responsibilities.
Section nine rewrites the MTSA 2002 requirements for research
and development to improve port security--including explosives,
chemical or biological detection equipment; nuclear or
radiological detection; improved tags and seals; and tools to
improve maritime area awareness. This would be done by the
Director of the Science and Technology Directorate at DHS.
There would be authorized $35,000,000 for each fiscal year 2005
through 2009 to carry out pilot projects and implement
technology at United States seaports related to these research
and development (R&D) efforts. The Director would prepare a
report annually on these efforts and indicate the amount of
port-security related research being conducted by the
Directorate, the process of coordination amongst DHS
organizations working in port security, and a description of
plans for field implementation.
The Secretary also would be required to identify all nuclear
facilities in maritime areas. He would work in coordination
with the Secretary of Energy to evaluate the security plans of
each identified facility. The Secretaries would be required to
address any deficiencies in security identified in their
evaluations, and report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure Committee, and
the House of Representatives Select Committee on Homeland
Security in both a classified and redacted manner. The bill
also would require criminal background checks of United States
and foreign seafarers engaged in the transportation of nuclear
materials.
Section 11 would require a report to include recommendations
for harmonizing, combining, or coordinating requirements,
procedures, and programs for conducting background checks on
individuals engaged in transportation or transportation-related
activities. A detailed time line for implementation of
background checks at seaports, and recommendations for a waiver
and appeals process also would be required. A report on the
cruise ship industry security measures also would be required
no later than 120 days after enactment.
Section 13 would require a report on the design of maritime
security grant programs. To be included in the report are
recommendations on whether grant programs should be
discretionary or formula based, and whether the grant program
should include requirements for ensuring that Federal funds
will not be substituted for grantee funds. Also included would
be targeting requirements that ensure funding is directed in a
manner that reflects a national, risk-based perspective on
priority needs, the fiscal capacity of recipients, and explicit
analysis of the impact of minimum funding to small ports.
Legislative History
S. 2279 was introduced on April 1, 2004, by Senator Hollings
and cosponsored by Senators McCain and Breaux. The bill would
improve upon Public Law 107-295, the Maritime Transportation
Security Act of 2002, which was introduced as S. 1214 on July
20, 2001, by Senator Hollings and cosponsored by Senator
Graham. That bill was similar to legislation introduced in the
106th Congress.
During the 106th Congress, in response to the findings of the
Interagency Commission on Crime and Security in United States
Seaports, Senators Hollings introduced S. 2965 on July 27,
2000. The bill was cosponsored by Senators Graham, Breaux, and
Cleland. On October 4, 2000, the Committee on Commerce,
Science, and Transportation held an oversight hearing on
seaport security and the recommendations of the Interagency
Commission on Crime and Security in United States seaports. The
Committee heard testimony from Senator Bob Graham, the Coast
Guard, Maritime Administration, the Department of Justice, as
well as the American Association of Port Authorities, and a
representative from the International Longshoremen's &
Warehousemen's Union.
During the 107th Congress, Senator Hollings introduced S.
1214, the Port and Maritime Security Act of 2001, which
included improvements in response to concerns previously raised
about S. 2965.
On July 24, 2001, the Committee held a full Committee hearing
on seaport security issues and S. 1214. The Committee heard
from: Senator Bob Graham; the Maritime Administration; the
Customs Service; Coast Guard; the Director of the Office of
Intelligence and Security, Department of Transportation; a
representative of the American Association of Port Authorities;
President and CEO of Maher Terminals Inc.; the Vice President
of International Transportation Services Inc.; a representative
of the American Institute of Marine Underwriters; and the
Executive Director of the Maritime Security Council.
On August 2, 2001, S. 1214 was ordered to be reported
favorably. The legislation was modified to incorporate
additional security provisions and comments suggested by the
Department of Transportation after the attacks of September 11,
2001, and was taken up and passed by the Senate by voice vote
on December 20, 2001. On June 4, 2002, the House of
Representatives passed a substitute then appointed Conferees.
The Senate appointed its Conferees on June 18, 2002, and took
up and passed by voice vote the Conference Report on November
14, 2002. The House of Representatives passed the measure by
voice vote the same day and the bill was signed into law
November 25, 2002.
Prior to introduction of S. 2279, the Maritime Transportation
Security Act of 2004, the Senate Committee on Commerce,
Science, and Transportation held a hearing March 24, 2004, on
the state of maritime security. The Committee heard testimony
from the Commandant of the Coast Guard; the Commissioner of
Customs and Border Protection; the Acting Administrator of the
Transportation Security Administration; the President of the
World Shipping Council; the Executive Director and CEO of the
Port of New Orleans; a Senior Research Fellow from the Heritage
Foundation; and the Director of Coast Port Security, Longshore
Division of the International Longshore and Warehouse Union.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 19, 2004.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2279, the Maritime
Transportation Security Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 2279--Maritime Transportation Security Act of 2004
Summary: S. 2279 would require the Departments of
Transportation (DOT) and Homeland Security (DHS) to report on
their progress in implementing the Maritime Transportation
Security Act of 2002 (MTSA). The bill would amend the MTSA to
clarify existing planning and reporting requirements. In
addition, federal agencies would be required to complete new or
more detailed studies of maritime security, issues, review
certain security plans, and correct deficiencies where
identified.
Section 9 of the bill would authorize the appropriation of
$3.5 million for each of fiscal years 2005 through 2009 for
pilot programs that test newly developed security technologies.
This section also would eliminate existing authorizations of
$15 million annually for fiscal years 2003 through 2008 for
research and development grants under the MTSA, resulting in a
net increase in authorized funding of $20 million a year
through 2008 and $35 million for 2009.
Assuming appropriation of the authorized amounts, CBO
estimates that the federal government would spend about $5
million in fiscal year 2005 and $80 million over the 2005-2009
period to implement S. 2279. (About $35 million of the
authorized amounts would be spent after 2009.) The costs of
complying with other bill provisions would depend on the
findings of future security evaluations. Any security
enhancements that may be found to be necessary by such
evaluations also occur under current law.
The bill would authorize DHS to impose a new civil penalty
for leaving merchandise unattended on loading piers that could
increase federal revenues, but CBO estimates that any revenue
from new penalty collections would be less than $500,000
annually. Enacting this legislation would not affect direct
spending.
S. 2279 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments. The bill would
benefit publicly owned ports and vessels, and any costs they
incur would result from conditions of aid.
S. 2279 would impose a private-sector mandate as defined by
UMRA on owners of vessels and U.S. and foreign seamen that are
employed on vessels transporting nuclear materials in the
navigable waters of the United States. CBO estimates that the
cost of that private-sector mandate would not exceed the annual
threshold established in UMRA ($120 million in 2004, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2279 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
-----------------------------------------------------
2004 2005 2006 2007 2008 2009
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SPENDING SUBJECT TO APPROPRIATION \1\
Spending under the MTSA for R&D grants:
Authorization level \2\............................... 0 15 15 15 15 0
Estimated outlays..................................... 0 4 10 14 15 15
Proposed changes:
Authorization level................................... 0 20 20 20 20 35
Estimated outlays..................................... 0 5 11 18 20 26
Spending under S. 2279 for R&D pilot projects:
Authorization level \2\............................... 0 35 35 35 35 35
Estimated outlays..................................... 0 9 21 32 35 35
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\1\ No amounts are included in this estimate for a possible increase in the number of cargo inspections
performed by DHS or for correcting other security deficiencies in existing federal maritime security
operations. If such additional inspections or other security enhancements are found to be necessary, existing
law would require that this same improvement be made.
\2\ The MTSA authorizes $15 million a year though 2008 for port security research and development grants, (S.
2279 would eliminate these authorizations.) No amounts were appropriated for MTSA research grants for 2004.
Basis of estimate: For this estimate, CBO assumes that S.
2799 will be enacted by the end of fiscal year 2004 and that
the amounts authorized for grants for pilot projects will be
appropriated for each year beginning in 2005. The proposed
changes in authorization levels shown in the above table
include $35 million authorized for the pilot projects, less $15
million for each of years 2005 through 2008 (which the
legislation would eliminate). Outlays are estimated on the
basis of spending for similar grant programs. CBO estimates
that carrying out the various studies, progress reports, and
assessments required by the bill would cost the DHS and other
federal agencies less than $500,000 a year.
Section 4 would require the Inspector General (IG) of the
DHS to evaluate the department's cargo inspection targeting
system. The targeting system involves reviewing shipping
documents and other information to identify high-risk cargoes,
which are then inspected. This provision would give the
department one year in which to double the number of physical
inspections of containers of imported cargo at U.S. or foreign
ports if the IG determines that the existing system is not
sufficient for security purposes.
The CBO cost estimates for S. 2279 does not includes any
costs associated with increasing the number of container
inspections under section 4 because it is uncertain how (or if)
this provision would change the department's future plans and
operations. CBO estimates that the costs of doubling the
inspection program would be significant--about $50 million for
training, acquisition of detection equipment, and other one-
time activities and about $25 million a year for salaries and
other operating expenses. We cannot predict, however, whether
the IG will determine that the current program is inadequate or
how many inspections the department will choose to perform in
the future in the absence of this requirement. The number of
container inspections has increased from about 170,000
containers in 2002 to nearly 490,000 in 2003 and an estimated
520,000 this year. Assuming appropriation of the necessary
amounts in future years, CBO expects that this number would
continue to grow, but possibly more slowly than may be required
under the bill.
Section 10 would require DHS to evaluate security plans for
nuclear facilities located near navigable waterways and to
ensure that any identified deficiencies are corrected. The CBO
cost estimate does not include any costs for carrying out this
provision because the periodic review and updating of security
programs for these facilities are already required under
current law. Owners and operators of nuclear facilities
(including those owned by the Tennessee Valley Authority)
currently must maintain security plans as a condition of
federal licensing. Other laws, including the MTSA, require the
periodic review and (if necessary) revision of plans and
programs for nuclear facility security.
This estimate is based on information provided by DHS and
other federal agencies.
Estimated impact on state, local, and tribal governments:
S. 2279 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments. The bill would require DHS to report on the status
of implementing the requirements for port and vessel security
that are in current law.
Specifically, the bill would require DHS to update the
Congress on its efforts to gather information on vessels
operating on, or bound for, the waters of the United States.
The original mandate for both public and private entities to
submit vessel information to the federal government was created
in the MTSA. The bill also would require DHS to report on and
analyze its efforts to secure and screen imported cargo. The
reporting requirements would impose no new mandates on ports,
terminals, and vessels, some of which are owned by local,
state, and regional authorities.
S. 2279 would amend current law to expand the scope and
funding of the research and development program for port
security. State and local governments, among other entities,
would benefit from the additional $20 million authorized for
each fiscal year to conduct pilot projects, to purchase and
test technology, and to improve shipping containers, and
tracking. Other sections of the bill also would benefit
publicly owned ports and vessels. Any costs they incur would
result from conditions of aid.
Estimated impact on the private sector: S. 2279 would
impose a private-sector mandate as defined by UMRA on certain
owners of vessels and U.S. and foreign seamen. The bill would
mandate that vessel owners require seamen transporting nuclear
materials in the navigable waters of the United States to
undergo criminal background checks. According to information
from government representatives, most U.S. seamen undergo those
background checks under current law, and the cost to the
private sector for the additional checks would not be large.
CBO estimates that the cost to comply with the mandate would
not exceed the annual threshold established in UMRA ($120
million in 2004, adjusted annually for inflation).
Estimated prepared by: Federal Costs: Deborah Reis. Impact
on State, Local, and Tribal Governments: Gregory Waring. Impact
on the Private Sector: Jean Talarico.
Estimated approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
The bill would require containers be cleared from a pier or
wharf within five days of entering a United States port. If
such action is not taken, the container would be removed at the
expense of the person in custody of the cargo.
NUMBER OF PERSONS COVERED
This legislation updates and clarifys the port security
requirements found in the Maritime Transportation and Security
Act of 2002. It is expected there will be no greater number of
persons covered by this legislation.
ECONOMIC IMPACT
S. 2279 would authorize $35,000,000 for each fiscal year 2005
through 2009. These funding levels are not expected to have an
inflationary impact on the nation's economy. A fine of up to
$5,000 could be imposed by the Secretary of DHS for each bill
of lading for general order merchandise remaining after those
five days.
PRIVACY
This legislation updates and clarifys the port security
requirements found in the Maritime Transportation and Security
Act of 2002. It is expected there will be no greater impact on
the individuals covered by this legislation.
PAPERWORK
Section 6 of the legislation creates a grant program which
may create additional paperwork for applicants and for DHS in
administering the program.
Section-by-Section Analysis
Section 1. Short Title; Table of Contents
Section 1 contains the title and table of contents for the
bill.
Sec. 2. In Rem Liability; Enforcement; Pier and Wharf Security Costs
Section 2 of the bill would amend title 46, United States
Code, to require vessels subject to and in violation of the
regulations in chapter 701 be liable in rem for any civil
penalty assessed pursuant to section 70120 of title 46, United
States Code. Proceedings against the vessel may be brought in
the United States district court for any district in which such
vessel may be found. The vessel also would be held liable in
rem for the reimbursable costs incurred by any valid claimant
related to implementation and enforcement of chapter 701 with
respect to the vessel and cargo. Reimbursable costs by valid
claimants for which in rem jurisdiction is conferred are
limited to those actions taken with respect to the care and
custody of the crew or cargo under lawful order.
Section 2 also would give the United States the power to
restrain violators of regulations of chapter 701 and if an
owner, agent, master, officer, or person in charge of a vessel
is liable (or there is reasonable cause) for a penalty or fine
under section 70120, and authorize the Secretary to refuse or
revoke any clearance the vessel or cargo may require. The
clearance refused in this subsection may be granted by filing a
bond of other surety satisfactory to the Secretary.
The section would further amend title 46 to require uncleared
merchandise remaining on a wharf or pier to be removed within 5
calendar days to public stores or a general order warehouse
where its contents will be inspected to determine the cargo
contents. This provision is intended to determine the security
risk posed by certain cargo as early as practicable. Further,
the section would allow the Secretary of Homeland Security to
impose an administrative penalty of $5,000 for each bill of
lading for general order cargo that remains on the wharf or
pier.
Sec. 3. Maritime Information
Section 3 would require the Secretary of Homeland Security to
provide a plan to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure for the implementation of
section 70113 of title 46, United States Code. Section 70113
requires the Secretary of Homeland Security to establish a
coordinated system of collecting information on vessels, crew,
passengers, and cargo aimed at improving maritime domain
awareness. The plan, required to be submitted within 3 months
of enactment, must identify agencies that can provide maritime
information relating to vessels, crew, passengers and cargo and
shall provide a time line for the agencies to coordinate their
efforts. The section would further require the plan to
establish when automatic and long-range vessel tracking will be
integrated into the maritime intelligence system. The section
also would require the plan to contain recommendations on co-
locating agency personnel to reduce costs and increase
efficiency, as well as evaluating how naval intelligence could
be incorporated into the effort of collecting and analyzing
commercial maritime information. Additionally, the section
would require the Secretary to evaluate, as part of the plan,
the use of private sector resources to collect and analyze
information, and identify potential sources of private sector
information sources, and make recommendations on educating
Federal officials on commercial maritime operations in order to
facilitate security. The report would include recommendations
on how to disseminate security information to State, local, and
private security personnel in order to prevent transportation
security incidents, and the need to establish of a public-
private information sharing analysis center.
Sec. 4. Intermodal Cargo Security Plan
Section 4 would require the Secretary of Homeland Security to
submit an intermodal cargo security plan to Congress within 180
days after enactment. Under the section, the plan would be
required to include recommendations on how to integrate various
cargo security programs into the certification process of SST
found in section 70116 of title 46, United States Code.
Further, the plan would provide evaluation of the necessary
resources to certify and validate SST and also would include a
feasibility analysis on establishing a user fee in order to
investigate and certify SST. The section also would require the
DHS IG to review progress on the implementation of the SST
program. This section also would require DHS to report to
Congress on the progress of installing radiation detectors at
all major United States seaports and include an anticipated
completion date and cost estimate. Additionally, a report would
be required detailing to what extent foreign seaports have been
willing to use screening equipment at their ports and indicate
which specific foreign ports would be willing to use their own
screening equipment for cargo exported to the United States.
The report would describe to what extent additional resources
may be necessary to maximize scrutiny of cargo in foreign
seaports, in the event that a insufficient amount of screening
is being done.
The section would further require the DHS IG to, within six
months after enactment and annually thereafter, analyze and
report to Congress on the system of targeting international
intermodal containers for inspection. The DHS IG would be
directed to include an assessment on the effectiveness of the
system, including the sources of information used to target
containers to determine the effectiveness of the system and its
potential gaps and weaknesses to determine if it is adequate to
prevent international intermodal containers from being used for
purposes of terrorism. The assessment also would evaluate the
targeting system for reporting and analyzing inspection
statistics and testing the system, as well as the competence
and training of the employees operating the system, to
determine whether it is sufficiently effective to detect
potential acts of terrorism and if more steps need to be taken
to remedy deficiencies in targeting.
If the DHS IG's office determines that the targeting system
is insufficient to detect potential acts of terrorism, the
Secretary of Homeland Security would be required to double the
amount of inspections of international intermodal containers
(including either intrusive and non-intrusive inspections) at
United States ports or to be shipped to the United States from
foreign seaports in the fiscal year following the report. The
requirement to inspect double the amount of containers would
ensue after each report of insufficiency.
Sec. 5. Joint Operations Center for Port Security
Section 5 would require the Commandant of the United States
Coast Guard to report to Congress, within 180 days of
enactment, on the potential benefits of establishing joint
operational centers for port security at certain United States
seaports; to evaluate the three existing joint operational
centers; and to consider to what extent these centers could be
beneficial in the implementation and operation of maritime area
security plans. It also would require the USCG to consider how
specific security functions could be folded into their
operations and to consider where else these Centers should be
established.
Sec. 6. Maritime Transportation Security Plan Grants
Section 6 would rewrite portions (Section 70101(a) of tile
46) of the port security grant program designed to help
implement the Area Maritime Transportation Security plans and
to help fund compliance with the Federal security plans. The
rewrite would align the program with the process developed for
awarding grants. The section does not change the criteria for
awarding grants which are to be used to address the
vulnerabilities in security and will take into account national
economic and strategic defense concerns. The grants would be
administered by Undersecretary of Border and Transportation
Security, and awarded after review and comment of the United
States Coast Guard Captain of the Port and the regional
Maritime Administrator. Grants would be required to be
coordinated with other Office of Domestic Preparedness grants.
Sec. 7. Assistance for Foreign Ports
Section 7 would amend MTSA (70109 of title 46, United States
Code) to require the Maritime Administration to work with the
State Department to identify foreign assistance programs
available domestically that could help implement port security
anti-terrorism measures in foreign countries including
countries that lack effective antiterrorism measures, to help
these countries achieve compliance with the internationally set
standards for port security.
Sec. 8. Federal and State Commercial Maritime Transportation Training
Section 8 would supplement the existing MTSA security
training requirements and would require the Maritime
Administration (MARAD) in coordination with Federal Law
Enforcement Training Center (FLETC) to establish a curriculum
to educate Federal and State officials on commercial maritime
and intermodal transportation in order to assist them in the
performance of their security responsibilities. In developing
the training and standards, MARAD would be required to consult
with each agency within the Department of Homeland Security
which has jurisdiction over maritime security as well as the
FLETC and work with the Center to educate DHS officials on
transportation elements that could impact and improve maritime
security.
Sec. 9. Research and Development
Section 9 would replace the MTSA research and development
(R&D) grants section with one that transfers control from the
Department of Transportation to the Science and Technology
Directorate within the Department of Homeland Security. It will
conduct investigations, fund pilot programs, award grants, and
conduct research and development. The section would expand the
research conducted from only merchandise, to include target
inspection of vessels, cargo, crewmembers, or passengers
arriving in any port or place in the United States. It would
maintain the detection of explosives, chemical, or biological
agents in current law and add radiological materials to the
existing research requirement. The section also would allow R&D
funding to be used to look at the ability to increase
awareness, including satellite tracking systems, of potential
terrorist threats that would have an impact on facilities,
vessels, and infrastructure on or near navigable waterways,
including underwater. The section also would fund R&D for tools
which would mitigate the consequences of a terrorist act on,
near, or under navigable waterways.
The section would further require the Under Secretary of the
Science and Technology Directorate to conduct pilot projects at
United States ports to test the effectiveness and applicability
of new port security technology. Testing could include new
detection and screening technologies, projects to protect
United States ports and infrastructure on, near or next to the
navigable waters of the United States, and tools for responding
to a terrorist threat or incident at United States ports. The
section would authorize $35 million for each fiscal year 2005
through 2009 to carry out research and development.
The section also would require, for each fiscal year 2005
through 2009, a report to be submitted that will describe any
port security-related research in the preceding fiscal year;
describe the amount of DHS resources dedicated to research that
can be applied to port security; the steps taken to coordinate
with other DHS agencies to ensure that research efforts are
coordinated with port security efforts; describe how the
results will be implemented in the field; lay out the plans for
research in the current fiscal year; and include a description
of the funding levels for the research in the preceding,
current, and next fiscal years.
Sec. 10. Nuclear Facilities in Maritime Areas
Section 10 would amend section 70103(b) of title 46, United
States Code, (the Area Maritime Transportation Security Plans)
to include the identification of all nuclear facilities on,
near or in close proximity to navigable waterways that may be
damaged by a transportation security incident and also to
evaluate each nuclear facility's security plan for that
facility's ability to protect itself from damage or disruption
in a transportation security incident originating in or on the
navigable waterway. The Secretary of Homeland Security would
have the ability to correct any deficiencies in security
identified during the evaluation process. After the
evaluations, the Secretary would be required to transmit a
report to Congress describing the results of the identification
and evaluation, describing the subsequent corrective actions
taken, and evaluating the technology used to protect nuclear
facilities. The report would be delivered to Congress in both a
classified and redacted form. The section also would establish
a requirement for criminal background checks for all United
States and foreign seamen employed on vessels transporting
nuclear materials in the United States's navigable waters.
Sec. 11. Transportation Worker Background Investigation Programs
Section 11 would require the Secretary of Homeland Security
to report to Congress within 120 days after enactment with
recommendations for harmonizing, combining, or coordinating
requirements, procedures, and programs for conducting
background checks for individuals engaged in transportation or
transportation-related activities. The section would require
the report contain a detailed time line for implementation of
such harmonization, combination, or coordination, and a review
of the requirements of the appeals and waiver process.
Sec. 12. Report on Cruise Ship Security
Section 12 would require the Secretary of Homeland Security
to report to Congress within 120 days on the security of ships
and facilities used in the cruise line industry. The report
would contain, among other things, an assessment of security of
cruise ships that originate at foreign ports; the security of
ports utilized for cruise ship docking; the costs incurred by
the cruise line industry to carry out MTSA 2002; and the costs
of canine units and hand-held explosive detection wands. In
addition, the report would be required to contain a description
of the need and feasibility of deploying explosive detection
systems and canine units; an assessment of security measures
taken by the Secretary of Homeland Security to increase the
security of the cruise line industry; a summary of passenger
fees paid to be used for inspections and the feasibility of
creating a dedicated passenger vessel security fund from such
fees; and the Secretary's recommendations if any to improve
cruise ship security.
Sec. 13. Report on Design of Maritime Security Grant Programs
Section 13 would require the Secretary of Homeland Security
to report to Congress within 90 days on the design of maritime
security grant programs and include recommendations on whether
it should be discretionary or formula based; requirements for
ensuring that Federal funds will not be substituted for grantee
funds; targeting the funds to the highest priority needs; and
matching requirements that provide incentive to grantees to
invest their own funds.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
MARITIME TRANSPORTATION SECURITY ACT OF 2002
TITLE I--MARITIME TRANSPORTATION SAFETY
* * * * * * *
SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING.
[46 U.S.C. 70101 note]
(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 70112 of title 46, United
States Code, as amended by this Act.
(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 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) Federal and State Commercial Maritime Transportation
Training.--The Secretary of Transportation shall establish a
curriculum, to be incorporated into the curriculum developed
under subsection (a)(1), to educate and instruct Federal and
State officials on commercial maritime and intermodal
transportation. The curriculum shall be designed to familiarize
those officials with commercial maritime transportation in
order to facilitate performance of their commercial maritime
and intermodal transportation security responsibilities. In
developing the standards for the curriculum, the Secretary
shall consult with each agency in the Department of Homeland
Security with maritime security responsibilities to determine
areas of educational need. The Secretary shall also coordinate
with the Federal Law Enforcement Training Center in the
development of the curriculum and the provision of training
opportunities for Federal and State law enforcement officials
at appropriate law enforcement training facilities.
[(c)] (d) Training Provided to Law Enforcement and Security
Personnel.--
(1) In general.--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 to personnel employed in foreign ports
used by vessels with United States citizens as
passengers or crewmembers.
(2) Academies and schools.--The Secretary may provide
training under this section at--
(A) each of the 6 State maritime academies;
(B) the United States Merchant Marine
Academy;
(C) the Appalachian Transportation Institute;
and
(D) other security training schools in the
United States.
[(d)] (e) Use of Contract Resources.--The Secretary may
employ Federal and contract resources to train and certify
maritime security professionals in accordance with the
standards and curriculum developed under this Act.
[(e)] (f) 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)] (g) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $5,500,000 for each of fiscal years 2003 through
2008.
UNITED STATES CODE
TITLE 46. SHIPPING
SUBTITLE VI. MISCELLANEOUS
CHAPTER 701. PORT SECURITY
Sec. 70103. Maritime transportation security plans
(a) National Maritime Transportation Security Plan.--(1) The
Secretary shall prepare a National Maritime Transportation
Security Plan for deterring and responding to a transportation
security incident.
(2) The National Maritime Transportation Security Plan shall
provide for efficient, coordinated, and effective action to
deter and minimize damage from a transportation security
incident, and shall include the following:
(A) Assignment of duties and responsibilities among
Federal departments and agencies and coordination with
State and local governmental agencies.
(B) Identification of security resources.
(C) Procedures and techniques to be employed in
deterring a national transportation security incident.
(D) Establishment of procedures for the coordination
of activities of--
(i) Coast Guard maritime security teams
established under this chapter; and
(ii) Federal Maritime Security Coordinators
required under this chapter.
(E) A system of surveillance and notice designed to
safeguard against as well as ensure earliest possible
notice of a transportation security incident and
imminent threats of such a security incident to the
appropriate State and Federal agencies.
(F) Establishment of criteria and procedures to
ensure immediate and effective Federal identification
of a transportation security incident, or the
substantial threat of such a security incident.
(G) Designation of--
(i) areas for which Area Maritime
Transportation Security Plans are required to
be prepared under subsection (b); and
(ii) a Coast Guard official who shall be the
Federal Maritime Security Coordinator for each
such area.
(H) A risk-based system for evaluating the potential
for violations of security zones designated by the
Secretary on the waters subject to the jurisdiction of
the United States.
(I) A recognition of certified systems of intermodal
transportation.
(J) A plan for ensuring that the flow of cargo
through United States ports is reestablished as
efficiently and quickly as possible after a
transportation security incident.
(3) The Secretary shall, as the Secretary considers
advisable, revise or otherwise amend the National Maritime
Transportation Security Plan.
(4) Actions by Federal agencies to deter and minimize damage
from a transportation security incident shall, to the greatest
extent possible, be in accordance with the National Maritime
Transportation Security Plan.
(5) The Secretary shall inform vessel and facility owners or
operators of the provisions in the National Transportation
Security Plan that the Secretary considers necessary for
security purposes.
(b) Area Maritime Transportation Security Plans.--(1) The
Federal Maritime Security Coordinator designated under
subsection (a)(2)(G) for an area shall--
(A) submit to the Secretary an Area Maritime
Transportation Security Plan for the area; and
(B) solicit advice from the Area Security Advisory
Committee required under this chapter, for the area to
assure preplanning of joint deterrence efforts,
including appropriate procedures for deterrence of a
transportation security incident.
(2) The Area Maritime Transportation Security Plan for an
area shall--
(A) when implemented in conjunction with the National
Maritime Transportation Security Plan, be adequate to
deter a transportation security incident in or near the
area to the maximum extent practicable;
(B) describe the area and infrastructure covered by
the plan, including the areas of population or special
economic, environmental, or national security
importance that might be damaged by a transportation
security incident;
(C) describe in detail how the plan is integrated
with other Area Maritime Transportation Security Plans,
and with facility security plans and vessel security
plans under this section;
(D) include consultation and coordination with the
Department of Defense on matters relating to Department
of Defense facilities and vessels;
(E) include any other information the Secretary
requires; and
(F) be updated at least every 5 years by the Federal
Maritime Security Coordinator.
(3) The Secretary shall--
(A) review and approve Area Maritime Transportation
Security Plans under this subsection; and
(B) periodically review previously approved Area
Maritime Transportation Security Plans.
(4) In security zones designated by the Secretary in each
Area Maritime Transportation Security Plan, the Secretary shall
consider--
(A) the use of public/private partnerships to enforce
security within the security zones, shoreside
protection alternatives, and the environmental, public
safety, and relative effectiveness of such
alternatives; and
(B) technological means of enhancing the security
zones of port, territorial waters, and waterways of the
United States.
(5) Waterways located near nuclear facilities.--
(A) Identification and security evaluation.--The
Secretary shall--
(i) identify all nuclear facilities on,
adjacent to, or in close proximity to navigable
waterways that might be damaged by a
transportation security incident; and
(ii) in coordination with the Secretary of
Energy, evaluate the security plans of each
such nuclear facility for its adequacy to
protect the facility from damage or disruption
from a transportation security incident
originating in the navigable waterway,
including threats posed by navigation,
underwater access, and the introduction of
harmful substances into water coolant systems.
(B) Rectification of deficiencies.--The Secretary, in
coordination with the Secretary of Energy, shall take
such steps as may be necessary or appropriate to
correct any deficiencies in security identified in the
evaluations conducted under subparagraph (A).
(C) Report.--As soon as practicable after completion
of the evaluation under subparagraph (A), the Secretary
shall transmit a report, in both classified and
redacted format, to the Senate Committee on Commerce,
Science, and Transportation, the House of
Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Select
Committee on Homeland Security--
(i) describing the results of the
identification and evaluation required by
subparagraph (A);
(ii) describing the actions taken under
subparagraph (B); and
(iii) evaluating the technology utilized in
the protection of nuclear facilities (including
any such technology under development).
(c) Vessel and facility security plans.--(1) Within 6 months
after the prescription of interim final regulations on vessel
and facility security plans, an owner or operator of a vessel
or facility described in paragraph (2) shall prepare and submit
to the Secretary a security plan for the vessel or facility,
for deterring a transportation security incident to the maximum
extent practicable.
(2) The vessels and facilities referred to in paragraph (1)--
(A) except as provided in subparagraph (B), are
vessels and facilities that the Secretary believes may
be involved in a transportation security incident; and
(B) do not include any vessel or facility owned or
operated by the Department of Defense.
(3) A security plan required under this subsection shall--
(A) be consistent with the requirements of the
National Maritime Transportation Security Plan and Area
Maritime Transportation Security Plans;
(B) identify the qualified individual having full
authority to implement security actions, and require
immediate communications between that individual and
the appropriate Federal official and the persons
providing personnel and equipment pursuant to
subparagraph (C);
(C) include provisions for--
(i) establishing and maintaining physical
security, passenger and cargo security, and
personnel security;
(ii) establishing and controlling access to
secure areas of the vessel or facility;
(iii) procedural security policies;
(iv) communications systems; and
(v) other security systems;
(D) identify, and ensure by contract or other means
approved by the Secretary, the availability of security
measures necessary to deter to the maximum extent
practicable a transportation security incident or a
substantial threat of such a security incident;
(E) describe the training, periodic unannounced
drills, and security actions of persons on the vessel
or at the facility, to be carried out under the plan to
deter to the maximum extent practicable a
transportation security incident, or a substantial
threat of such a security incident;
(F) be updated at least every 5 years; [and]
(G) be resubmitted for approval of each change to the
vessel or facility that may substantially affect the
security of the vessel or [facility.] facility; and
(H) establish a requirement, coordinated with the
Department of Energy, for criminal background checks of
all United States and foreign seamen employed on
vessels transporting nuclear materials in the navigable
waters of the United States.
(4) The Secretary shall--
(A) promptly review each such plan;
(B) require amendments to any plan that does not meet
the requirements of this subsection;
(C) approve any plan that meets the requirements of
this subsection; and
(D) review each plan periodically thereafter.
(5) A vessel or facility for which a plan is required to be
submitted under this subsection may not operate after the end
of the 12-month period beginning on the date of the
prescription of interim final regulations on vessel and
facility security plans, unless--
(A) the plan has been approved by the Secretary; and
(B) the vessel or facility is operating in compliance
with the plan.
(6) Notwithstanding paragraph (5), the Secretary may
authorize a vessel or facility to operate without a security
plan approved under this subsection, until not later than 1
year after the date of the submission to the Secretary of a
plan for the vessel or facility, if the owner or operator of
the vessel or facility certifies that the owner or operator has
ensured by contract or other means approved by the Secretary to
deter to the maximum extent practicable a transportation
security incident or a substantial threat of such a security
incident.
(7) The Secretary shall require each owner or operator of a
vessel or facility located within or adjacent to waters subject
to the jurisdiction of the United States to implement any
necessary interim security measures, including cargo security
programs, to deter to the maximum extent practicable a
transportation security incident until the security plan for
that vessel or facility operator is approved.
(d) Nondisclosure of information.--Notwithstanding any other
provision of law, information developed under this chapter is
not required to be disclosed to the public, including--
(1) facility security plans, vessel security plans,
and port vulnerability assessments; and
(2) other information related to security plans,
procedures, or programs for vessels or facilities
authorized under this chapter.
Sec. 70107. Grants
[(a) In General.--The Secretary of Transportation, acting
through the Maritime Administrator, shall establish a grant
program for making a fair and equitable allocation among port
authorities, facility operators, and State and local agencies
required to provide security services of funds to implement
Area Maritime Transportation Security Plans and facility
security plans. The program shall take into account national
economic and strategic defense considerations.]
(a) In General.--The Under Secretary of Homeland Security for
Border and Transportation Security shall establish a grant
program for making a fair and equitable allocation of funds to
implement Area Maritime Transportation Security Plans and to
help fund compliance with Federal security plans among port
authorities, facility operators, and State and local agencies
required to provide security services. Grants shall be made on
the basis of the need to address vulnerabilities in security
subject to review and comment by the appropriate Federal
Maritime Security Coordinators and the Maritime Administration.
The grant program shall take into account national economic and
strategic defense concerns and shall be coordinated with the
Director of the Office of Domestic Preparedness to ensure that
the grant process is consistent with other Department of
Homeland Security grant programs.
(b) Eligible Costs.--The following costs of funding the
correction of Coast Guard identified vulnerabilities in port
security and ensuring compliance with Area Maritime
Transportation Security Plans and facility security plans are
eligible to be funded:
(1) Salary, benefits, overtime compensation,
retirement contributions, and other costs of additional
Coast Guard mandated security personnel.
(2) The cost of acquisition, operation, and
maintenance of security equipment or facilities to be
used for security monitoring and recording, security
gates and fencing, marine barriers for designated
security zones, security-related lighting systems,
remote surveillance, concealed video systems, security
vessels, and other security-related infrastructure or
equipment that contributes to the overall security of
passengers, cargo, or crewmembers.
(3) The cost of screening equipment, including
equipment that detects weapons of mass destruction and
conventional explosives, and of testing and evaluating
such equipment, to certify secure systems of
transportation.
(4) The cost of conducting vulnerability assessments
to evaluate and make recommendations with respect to
security.
(c) 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 of Transportation 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).
(d) Coordination and Cooperation Agreements.--The Secretary
of Transportation shall ensure that projects paid for, or the
costs of which are reimbursed, under this section within any
area or port are coordinated with other projects, and may
require cooperative agreements among users of the port and port
facilities with respect to projects funded under this section.
(e) Administration.--
(1) In general.--The program shall require eligible
port authorities, facility operators, and State and
local agencies required to provide security services,
to submit an application, at such time, in such form,
and containing such information and assurances as the
Secretary of Transportation may require, and shall
include appropriate application, review, and delivery
mechanisms.
(2) Minimum standards for payment or reimbursement.--
Each application for payment or reimbursement of
eligible costs shall include, at a minimum, the
following:
(A) A copy of the applicable Area Maritime
Transportation Security Plan or facility
security plan.
(B) A comprehensive description of the need
for the project, and a statement of the
project's relationship to the applicable Area
Maritime Transportation Security Plan or
facility security plan.
(C) A determination by the Captain of the
Port that the security project addresses or
corrects Coast Guard identified vulnerabilities
in security and ensures compliance with Area
Maritime Transportation Security Plans and
facility security plans.
(3) Procedural safeguards.--The Secretary of
Transportation shall by regulation establish
appropriate accounting, reporting, and review
procedures to ensure that amounts paid or reimbursed
under this section are used for the purposes for which
they were made available, all expenditures are properly
accounted for, and amounts not used for such purposes
and amounts not obligated or expended are recovered.
(4) Project approval required.--The Secretary of
Transportation may approve an application for the
payment or reimbursement of costs under this section
only if the Secretary of Transportation is satisfied
that--
(A) the project is consistent with Coast
Guard vulnerability assessments and ensures
compliance with Area Maritime Transportation
Security Plans and facility security plans;
(B) enough money is available to pay the
project costs that will not be reimbursed by
the United States Government under this
section;
(C) the project will be completed without
unreasonable delay; and
(D) the recipient has authority to carry out
the project as proposed.
(f) Audits and Examinations.--A recipient of amounts made
available under this section shall keep such records as the
Secretary of Transportation may require, and make them
available for review and audit by the Secretary of
Transportation, the Comptroller General of the United States,
or the Inspector General of the Department of Transportation.
(g) Reports on Security Funding and Compliance.--
(1) Initial report.--Within 6 months after the date
of enactment of this Act, the Secretary of
Transportation shall transmit an unclassified report to
the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure, that--
(A) includes a funding proposal and rationale
to fund the correction of Coast Guard
identified vulnerabilities in port security and
to help ensure compliance with Area Maritime
Transportation Security Plans and facility
security plans for fiscal years 2003 through
2008; and
(B) includes projected funding proposals for
fiscal years 2003 through 2008 for the
following security programs:
(i) The Sea Marshall program.
(ii) The Automated Identification
System and a system of polling vessels
on entry into United States waters.
(iii) The maritime intelligence
requirements in this Act.
(iv) The issuance of transportation
security cards required by section
70105.
(v) The program of certifying secure
systems of transportation.
(2) Other expenditures.--The Secretary of
Transportation shall, as part of the report required by
paragraph (1) report, in coordination with the
Commissioner of Customs, on projected expenditures of
screening and detection equipment and on cargo security
programs over fiscal years 2003 through 2008.
(3) Annual reports.--Annually, beginning 1 year after
transmittal of the report required by paragraph (1)
until October 1, 2009, the Secretary of Transportation
shall transmit an unclassified annual report to the
Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure, on
progress in achieving compliance with the correction of
Coast Guard identified vulnerabilities in port security
and compliance with Area Maritime Transportation
Security Plans and facility security plans that--
(A) identifies any modifications necessary in
funding to ensure the correction of Coast Guard
identified vulnerabilities and ensure
compliance with Area Maritime Transportation
Security Plans and facility security plans;
(B) includes an assessment of progress in
implementing the grant program established by
subsection (a);
(C) includes any recommendations the
Secretary may make to improve these programs;
and
(D) with respect to a port selected by the
Secretary of Transportation, describes progress
and enhancements of applicable Area Maritime
Transportation Security Plans and facility
security plans and how the Maritime
Transportation Security Act of 2002 has
improved security at that port.
(h) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Transportation for each of
fiscal years 2003 through 2008 such sums as are necessary to
carry out subsections (a) through (g).
[(i) Research and Development Grants for Port Security.--
[(1) Authority.--The Secretary of Transportation is
authorized to establish and administer a grant program
for the support of research and development of
technologies that can be used to secure the ports of
the United States. The Secretary may award grants under
the program to national laboratories, private nonprofit
organizations, institutions of higher education, and
other entities. The Secretary shall establish
competitive procedures for awarding grants under the
program and criteria for grant applications and
eligibility.
[(2) Use of funds.--Grants awarded pursuant to
paragraph (1) shall be used to develop--
[(A) methods to increase the ability of the
Customs Service to inspect, or target for
inspection, merchandise carried on any vessel
that will arrive or has arrived at any port or
place in the United States;
[(B) equipment to accurately detect
explosives, or chemical and biological agents,
that could be used to commit terrorist acts
against the United States;
[(C) equipment to accurately detect nuclear
materials, including scintillation-based
detection equipment capable of attachment to
spreaders to signal the presence of nuclear
materials during the unloading of containers;
[(D) improved tags and seals designed for use
on shipping containers to track the
transportation of the merchandise in such
containers, including ``smart sensors'' that
are able to track a container throughout its
entire supply chain, detect hazardous and
radioactive materials within that container,
and transmit such information to the
appropriate authorities at a remote location;
[(E) tools to mitigate the consequences of a
terrorist act at a port of the United States,
including a network of sensors to predict the
dispersion of radiological, chemical, or
biological agents that might be intentionally
or accidentally released; or
[(F) applications to apply existing
technologies from other industries to increase
overall port security.
[(3) Administrative provisions.--
[(A) No duplication of effort.--Before making
any grant, the Secretary of Transportation
shall coordinate with other Federal agencies to
ensure the grant will not be used for research
and development that is already being conducted
with Federal funding.
[(B) Accounting.--The Secretary of
Transportation shall by regulation establish
accounting, reporting, and review procedures to
ensure that funds made available under
paragraph (1) are used for the purpose for
which they were made available, that all
expenditures are properly accounted for, and
that amounts not used for such purposes and
amounts not expended are recovered.
[(C) Recordkeeping.--Recipients of grants
shall keep all records related to expenditures
and obligations of funds provided under
paragraph (1) and make them available upon
request to the Inspector General of the
Department of Transportation and the Secretary
of Transportation for audit and examination.
[(D) Annual review and report.--The Inspector
General of the Department of Transportation
shall annually review the program established
under paragraph (1) to ensure that the
expenditures and obligations of funds are
consistent with the purposes for which they are
provided and report the findings to Congress.
[(4) Authorization of appropriations.--There is
authorized to be appropriated $15,000,000 for each of
the fiscal years 2003 through 2008 to carry out the
provisions of this subsection.]
(i) Research and Development.--
(1) In general.--As part of the research and
development program within the Science and Technology
directorate, the Secretary of Homeland Security shall
conduct investigations, fund pilot programs, award
grants, and otherwise conduct research and development
across the various portfolios focused on making United
States ports safer and more secure. Research conducted
under this subsection may include--
(A) methods or programs to increase the
ability to target for inspection vessels,
cargo, crewmembers, or passengers that will
arrive or have arrived at any port or place in
the United States;
(B) equipment to detect accurately
explosives, chemical, or biological agents that
could be used to commit terrorist acts against
the United States;
(C) equipment to detect accurately nuclear or
radiological materials, including
scintillation-based detection equipment capable
of signalling the presence of nuclear or
radiological materials;
(D) improved tags and seals designed for use
on shipping containers to track the
transportation of the merchandise in such
containers, including ``smart sensors'' that
are able to track a container throughout its
entire supply chain, detect hazardous and
radioactive materials within that container,
and transmit that information to the
appropriate law enforcement authorities;
(E) tools, including the use of satellite
tracking systems, to increase the awareness of
maritime areas and to identify potential
terrorist threats that could have an impact on
facilities, vessels, and infrastructure on or
adjacent to navigable waterways, including
underwater access;
(F) tools to mitigate the consequences of a
terrorist act on, adjacent to, or under
navigable waters of the United States,
including sensor equipment, and other tools to
help coordinate effective response to a
terrorist action;
(G) applications to apply existing
technologies from other areas or industries to
increase overall port security; and
(H) improved container design, including
blast-resistant containers.
(2) Implementation of technology.--
(A) In general.--In conjunction with ongoing
efforts to improve security at United States
ports, the Director of the Science and
Technology Directorate, in consultation with
other Department of Homeland Security agencies
with responsibility for port security, may
conduct pilot projects at United States ports
to test the effectiveness and applicability of
new port security projects, including--
(i) testing of new detection and
screening technologies;
(ii) projects to protect United
States ports and infrastructure on or
adjacent to the navigable waters of the
United States, including underwater
access; and
(iii) tools for responding to a
terrorist threat or incident at United
States ports and infrastructure on or
adjacent to the navigable waters of the
United States, including underwater
access.
(B) Authorization of appropriations.--There
are authorized to be appropriated to the
Secretary of Homeland Security $35,000,000 for
each of fiscal years 2005 through 2009 to carry
out pilot projects under subparagraph (A).
(3) Administrative provisions.--
(A) No duplication of effort.--Before making
any grant, the Secretary of Homeland Security
shall coordinate with other Federal agencies to
ensure the grant will not be used for research
and development that is already being conducted
with Federal funding.
(B) Accounting.--The Secretary of Homeland
Security shall by regulation establish
accounting, reporting, and review procedures to
ensure that funds made available under
paragraph (1) are used for the purpose for
which they were made available, that all
expenditures are properly accounted for, and
that amounts not used for such purposes and
amounts not expended are recovered.
(C) Recordkeeping.--Recipients of grants
shall keep all records related to expenditures
and obligations of funds provided under
paragraph (1) and make them available upon
request to the Inspector General of the
Department of Homeland Security and the
Secretary of Homeland Security for audit and
examination.
Sec. 70109. Notifying foreign authorities
(a) In General.--If the Secretary, after conducting an
assessment under section 70108, finds that a port in a foreign
country does not maintain effective antiterrorism measures, the
Secretary shall notify the appropriate authorities of the
government of the foreign country of the finding and recommend
the steps necessary to improve the antiterrorism measures in
use at the port.
(b) Training Program.--[The Secretary,] The Administrator of
the Maritime Administration, in cooperation with the Secretary
of State, shall operate a port security training program for
ports in foreign countries that are found under section 70108
to lack effective antiterrorism measures.
(c) Foreign Assistance Programs.--The Administrator of the
Maritime Administration, in coordination with the Secretary of
State, shall identify foreign assistance programs that could
facilitate implementation of port security antiterrorism
measures in foreign countries. The Administrator and the
Secretary shall establish a program to utilize those programs
that are capable of implementing port security antiterrorism
measures at ports in foreign countries that the Secretary
finds, under section 70108, to lack effective antiterrorism
measures.
* * * * * * *
Sec. 70117. In rem liability for civil penalties and certain costs
(a) In General.--Any vessel subject to the provisions of this
chapter, which is used in violation of this chapter or any
regulations issued hereunder shall be liable in rem for any
civil penalty assessed pursuant to section 70120 and may be
proceeded against in the United States district court for any
district in which such vessel may be found.
(b) Reimbursable Costs.--
(1) In general.--Any vessel subject to the provisions
of this chapter shall be liable in rem for the
reimbursable costs incurred by any valid claimant
related to implementation and enforcement of this
chapter with respect to the vessel, including port
authorities, facility or terminal operators, shipping
agents, Federal, State, or local government agencies,
and other persons to whom the management of the vessel
at the port of supply is entrusted, and any fine or
penalty relating to reporting requirements of the
vessel or its cargo, crew, or passengers, and may be
proceeded against in the United States district court
for any district in which such vessel may be found.
(2) Reimbursable costs defined.--In this subsection
the term ``reimbursable costs'' means costs incurred by
any service provider, including port authorities,
facility or terminal operators, shipping agents,
Federal, State, or local government agencies, or other
person to whom the management of the vessel at the port
of supply is entrusted, for--
(A) vessel crew on board, or in transit to or
from, the vessel under lawful order, including
accommodation, detention, transportation, and
medical expenses; and
(B) required handling under lawful order of
cargo or other items on board the vessel.
Sec. 70118. Enforcement by injunction or withholding of clearance
(a) Injunction.--The United States district courts shall have
jurisdiction to restrain violations of this chapter or of
regulations issued hereunder, for cause shown.
(b) Withholding of Clearance.--
(1) If any owner, agent, master, officer, or person
in charge of a vessel is liable for a penalty or fine
under section 70120, or if reasonable cause exists to
believe that the owner, agent, master, officer, or
person in charge may be subject to a penalty under
section 70120, the Secretary may, with respect to such
vessel, refuse or revoke any clearance required by
section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91).
(2) Clearance refused or revoked under this
subsection may be granted upon filing of a bond or
other surety satisfactory to the Secretary.
Sec. 70119. Security of piers and wharfs
(a) In General.--Notwithstanding any other provision of law,
the Secretary shall require any uncleared, imported merchandise
remaining on the wharf or pier onto which it was unladen for
more than 5 calendar days to be removed from the wharf or pier
and deposited in the public stores or a general order
warehouse, where it shall be inspected for determination of
contents, and thereafter a permit for its delivery may be
granted.
(b) Penalty.--The Secretary may impose an administrative
penalty of $5,000 for each bill of lading for general order
merchandise remaining on a wharf or pier in violation of
subsection (a).
[Sec. 70117. Civil penalty]
Sec. 70120. Civil penalty
Any person that violates this chapter or any regulation under
this chapter shall be liable to the United States for a civil
penalty of not more than $25,000 for each violation.
UNITED STATES CODE
TITLE 50. WAR AND NATIONAL DEFENSE
CHAPTER 12. VESSELS IN TERRITORIAL WATERS OF UNITED STATES
Sec. 192. Seizure and forfeiture of vessel; fine and imprisonment
(a) In General.--If any owner, agent, master, officer, or
person in charge, or any member of the crew of any such vessel
fails to comply with any regulation or rule issued or order
given under the provisions of this title, or obstructs or
interferes with the exercise of any power conferred by this
title, the vessel, together with her tackle, apparel,
furniture, and equipment, shall be subject to seizure and
forfeiture to the United States in the same manner as
merchandise is forfeited for violation of the customs revenue
laws; and the person guilty of such failure, obstruction, or
interference shall be punished by imprisonment for not more
than ten years and may in the discretion of the court, be fined
not more than $10,000.
(b) Application to Others.--If any other person knowingly
fails to comply with any regulation or rule issued or order
given under the provisions of this title, or knowingly
obstructs or interferes with the exercise of any power
conferred by this title, he shall be punished by imprisonment
for not more than ten years and may, at the discretion of the
court, be fined not more than $10,000.
(c) Civil Penalty.--A person violating this [Act,] title, or
a regulation prescribed under this [Act,] title, shall be
liable to the United States Government for a civil penalty of
not more than $25,000 for each violation. Each day of a
continuing violation shall constitute a separate violation.
(d) In rem liability.--Any vessel subject to the provisions
of this title that is used in violation of this title, or any
regulations issued hereunder, shall be liable in rem for any
civil penalty assessed pursuant to subsection (c) and may be
proceeded against in the United States district court for any
district in which such vessel may be found.
(e) Injunction.--The United States district courts shall have
jurisdiction to restrain violations of this title or of
regulations issued hereunder, for cause shown.
(f) Withholding of clearance.--
(1) If any owner, agent, master, officer, or person
in charge of a vessel is liable for a penalty or fine
under subsection (c), or if reasonable cause exists to
believe that the owner, agent, master, officer, or
person in charge may be subject to a penalty or fine
under subsection (c), the Secretary may, with respect
to such vessel, refuse or revoke any clearance required
by section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91).
(2) Clearance refused or revoked under this
subsection may be granted upon filing of a bond or
other surety satisfactory to the Secretary of the
Department in which the Coast Guard is operating.