107TH CONGRESS

1ST SESSION S. 1214

AN ACT

To amend the Merchant Marine Act, 1936, to establish a

program to ensure greater security for United States

seaports, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Port and Maritime Security Act of 2001’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—PORT AND MARITIME SECURITY

Sec. 101. Findings.

Sec. 102. National Maritime Security Advisory Committee.

Sec. 103. Initial security evaluations and port vulnerability assessments.

Sec. 104. Establishment of local port security committees.

Sec. 105. Maritime facility security plans.

Sec. 106. Employment investigations and restrictions for security-sensitive positions.

Sec. 107. Maritime domain awareness.

Sec. 108. International port security.

Sec. 109. Counter-terrorism and incident contingency plans.

Sec. 110. Maritime security professional training.

Sec. 111. Port security infrastructure improvement.

Sec. 112. Screening and detection equipment.

Sec. 113. Revision of port security planning guide.

Sec. 114. Shared dockside inspection facilities.

Sec. 115. Mandatory advanced electronic information for cargo and passengers

and other improved customs reporting procedures.

Sec. 116. Prearrival messages from vessels destined to United States ports.

Sec. 117. Maritime safety and security teams.

Sec. 118. Research and development for crime and terrorism prevention and detection technology.

Sec. 119. Extension of seaward jurisdiction.

Sec. 120. Suspension of limitation on strength of Coast Guard.

Sec. 121. Additional reports.

Sec. 122. 4-year reauthorization of tonnage duties.

Sec. 123Definitions.

TITLE II—ADDITIONAL MARITIME SAFETY AND SECURITY

RELATED MEASURES

Sec. 201. Extension of Deepwater Port Act to natural gas.

Sec. 202. Assignment of Coast Guard personnel as sea marshals and enhanced

use of other security personnel.

Sec. 203. National Maritime Transportation Security Plan.

Sec. 204. Area maritime security committees and area maritime security plans.

Sec. 205. Vessel security plans.

Sec. 206. Protection of security-related information.

Sec. 207. Enhanced cargo identification and tracking.

Sec. 208. Enhanced crewmember identification.

3 TITLE I—PORT AND MARITIME

4 SECURITY

5 SEC. 101. FINDINGS.

6 The Congress makes the following findings:
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1 (1) There are 361 public ports in the United

2 States which have a broad range of characteristics,

3 and all of which are an integral part of our Nation’s

4 commerce.

5 (2) United States ports conduct over 95 percent

6 of United States overseas trade. Over the next 20

7 years, the total volume of imported and exported

8 goods at ports is expected to more than double.

9 (3) The variety of trade and commerce that are

10 carried out at ports has greatly expanded. Bulk

11 cargo, containerized cargo, passenger transport and

12 tourism, intermodal transportation systems, and

13 complex domestic and international trade relation14 ships have significantly changed the nature, conduct,

15 and complexity of port commerce.

16 (4) The United States is increasingly dependent

17 on imported energy for a substantial share of sup18 ply, and a disruption of supply would seriously harm

19 consumers and our economy.

20 (5) The top 50 ports in the United States ac21 count for about 90 percent of all the cargo tonnage.

22 Twenty-five United States ports account for 98 per23 cent of all container shipments. Cruise ships visiting

24 foreign destinations embark from 16 ports. Ferries
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1 in the United States transport 113,000,000 pas2 sengers and 32,000,000 vehicles per year.

3 (6) In the larger ports, the activities can stretch

4 along a coast for many miles, including public roads

5 within their geographic boundaries. The facilities

6 used to support arriving and departing cargo are

7 sometimes miles from the coast.

8 (7) Ports often are a major locus of Federal

9 crime, including drug trafficking, cargo theft, and

10 smuggling of contraband and aliens. The criminal

11 conspiracies often associated with these crimes can

12 pose threats to the people and critical infrastruc13 tures of port cities. Ports that accept international

14 cargo have a higher risk of international crimes like

15 drug and alien smuggling and trade fraud.

16 (8) Ports are often very open and exposed and,

17 by the very nature of their role in promoting the free

18 flow of commerce, are susceptible to large scale ter19 rorism that could pose a threat to coastal, Great

20 Lake, or riverain populations. Port terrorism could

21 pose a significant threat to the ability of the United

22 States to pursue its national security objectives.

23 (9) United States ports are international

24 boundaries, however, unlike United States airports
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1 and land borders, United States ports receive no

2 Federal funds for security infrastructure.

3 (10) Current inspection levels of containerized

4 cargo are insufficient to counter potential security

5 risks. Technology is currently not adequately de6 ployed to allow for the nonintrusive inspection of

7 containerized cargo. Additional promising technology

8 is in the process of being developed that could in9 spect cargo in a nonintrusive and efficient fashion.

10 (11) The burgeoning cruise ship industry poses

11 a special risk from a security perspective.

12 (12) Effective physical security and access con13 trol in ports is fundamental to deterring and pre14 venting potential threats to port operations, and

15 cargo shipments.

16 (13) Securing entry points, open storage areas,

17 and warehouses throughout the port, controlling the

18 movements of trucks transporting cargo through the

19 port, and examining or inspecting containers, ware20 houses, and ships at berth or in the harbor are all

21 important requirements that should be implemented.

22 (14) Identification procedures for arriving

23 workers are important tools to deter and prevent

24 port cargo crimes, smuggling, and terrorist actions.
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1 (15) On April 27, 1999, the President estab2 lished the Interagency Commission on Crime and

3 Security in United States Ports to undertake a com4 prehensive study of the nature and extent of the

5 problem of crime in our ports, as well as the ways

6 in which governments at all levels are responding.

7 (16) The Commission has issued findings that

8 indicate the following:

9 (A) Frequent crimes in ports include drug

10 smuggling, illegal car exports, fraud (including

11 Intellectual Property Rights and other trade

12 violations), and cargo theft.

13 (B) Data about crime in ports has been

14 very difficult to collect.

15 (C) Internal conspiracies are an issue at

16 many ports, and contribute to Federal crime.

17 (D) Intelligence and information sharing

18 among law enforcement agencies needs to be

19 improved and coordinated at many ports.

20 (E) Many ports do not have any idea about

21 the threats they face from crime, terrorism, and

22 other security-related activities because of a

23 lack of credible threat information.

24 (F) A lack of minimum physical, proce25 dural, and personnel security standards at ports
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1 and at terminals, warehouses, trucking firms,

2 and related facilities leaves many ports and port

3 users vulnerable to theft, pilferage, and unau4 thorized access by criminals.

5 (G) Access to ports and operations within

6 ports is often uncontrolled.

7 (H) Coordination and cooperation between

8 law enforcement agencies in the field is often

9 fragmented.

10 (I) Meetings between law enforcement per11 sonnel, carriers, marine terminal operators, and

12 port authorities regarding security are not

13 being held routinely in the ports. These meet14 ings could increase coordination and coopera15 tion at the local level.

16 (J) Security-related equipment such as

17 small boats, cameras, and vessel tracking de18 vices is lacking at many ports.

19 (K) Detection equipment such as large20 scale x-ray machines is lacking at many high21 risk ports.

22 (L) A lack of timely, accurate, and com23 plete manifest (including in-bond) and trade

24 (entry, importer, etc.) data negatively impacts

25 law enforcement’s ability to function effectively.
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1 (M) Criminal organizations are exploiting

2 weak security in ports and related intermodal

3 connections to commit a wide range of cargo

4 crimes. Levels of containerized cargo volumes

5 are forecasted to increase significantly, which

6 will create more opportunities for crime while

7 lowering the statistical risk of detection and

8 interdiction.

9 (17) United States ports are international

10 boundaries that—

11 (A) are particularly vulnerable to threats

12 of drug smuggling, illegal alien smuggling,

13 cargo theft, illegal entry of cargo and contra14 band;

15 (B) may present weaknesses in the ability

16 of the United States to realize its national secu17 rity objectives; and

18 (C) may serve as a vector or target for ter19 rorist attacks aimed at the population of the

20 United States.

21 (18) It is in the best interests of the United

22 States—

23 (A) to be mindful that United States ports

24 are international ports of entry and that the

25 primary obligation for the security of inter-
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1 national ports of entry lies with the Federal

2 government;

3 (B) to be mindful of the need for the free

4 flow of interstate and foreign commerce and the

5 need to ensure the efficient movement of cargo

6 in interstate and foreign commerce and the

7 need for increased efficiencies to address trade

8 gains;

9 (C) to increase United States port security

10 by establishing a better method of communica11 tion amongst law enforcement officials respon12 sible for port boundary, security, and trade

13 issues;

14 (D) to formulate requirements for physical

15 port security, recognizing the different char16 acter and nature of United States ports, and to

17 require the establishment of security programs

18 at ports;

19 (E) to provide financial incentives to help

20 the States and private sector to increase phys21 ical security of United States ports;

22 (F) to invest in long-term technology to fa23 cilitate the private sector development of tech24 nology that will assist in the nonintrusive timely

25 detection of crime or potential crime;
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1 (G) to harmonize data collection on port2 related and other cargo theft, in order to ad3 dress areas of potential threat to safety and se4 curity;

5 (H) to create shared inspection facilities to

6 help facilitate the timely and efficient inspection

7 of people and cargo in United States ports;

8 (I) to improve Customs reporting proce9 dures to enhance the potential detection of

10 crime in advance of arrival or departure of car11 goes; and

12 (J) to promote private sector procedures

13 that provide for in-transit visibility and support

14 law enforcement efforts directed at managing

15 the security risks of cargo shipments.

16 SEC. 102. NATIONAL MARITIME SECURITY ADVISORY COM17 MITTEE.

18 (a) IN GENERAL.—Section 7 of the Ports and Water19 ways Safety Act (33 U.S.C. 1226) is amended by adding

20 at the end the following:

21 ‘‘(d) NATIONAL MARITIME SECURITY ADVISORY

22 COMMITTEE.—

23 ‘‘(1) IN GENERAL.—The Secretary shall estab24 lish a National Maritime Security Advisory Com25 mittee, comprised of not more than 21 members ap-
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1 pointed by the Secretary. The Secretary may require

2 that a prospective member undergo a background

3 check or obtain an appropriate security clearance be4 fore appointment.

5 ‘‘(2) ORGANIZATION.—The Secretary—

6 ‘‘(A) shall designate a chairperson of the

7 Advisory Committee;

8 ‘‘(B) shall approve a charter, including

9 such procedures and rules as the Secretary

10 deems necessary for the operation of the Advi11 sory Committee;

12 ‘‘(C) shall establish a law enforcement sub13 committee and, with the consent of the Sec14 retary of the Treasury and the Attorney Gen15 eral, respectively, include as members of the

16 subcommittee representatives from the Customs

17 Service and the Immigration and Naturalization

18 Service;

19 ‘‘(D) may establish other subcommittees to

20 facilitate consideration of specific issues, includ21 ing maritime and port security, border protec22 tion, and maritime domain awareness issues,

23 the potential effects on national energy security,

24 the United States economy, and the environ25 ment of disruptions of crude oil, refined petro-
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1 leum products, liquified natural gas, and other

2 energy sources; and

3 ‘‘(E) may invite the participation of other

4 Federal agencies and of State and local govern5 ment agencies of State, including law enforce6 ment agencies, with an interest or expertise in

7 anti-terrorism or maritime and port security

8 and safety related issues.

9 ‘‘(3) MATERIAL AND MISSION SUPPORT.—In

10 carrying out this subsection, the Secretary may ac11 cept contributions of funds, material, services, and

12 the use of personnel and facilities from public or pri13 vate entities, by contract or other arrangement, if

14 the confidentiality of security-sensitive information is

15 maintained and access to such information is limited

16 appropriately. The Secretary shall deposit any funds

17 accepted under this paragraph as miscellaneous re18 ceipts in the general fund of the Treasury.

19 ‘‘(4) FUNCTIONS.—The Advisory Committee

20 shall—

21 ‘‘(A) advise, consult with, report to, and

22 make recommendations to the Secretary on

23 ways to enhance the security and safety of

24 United States ports; and
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1 ‘‘(B) provide advice and recommendations

2 to the Secretary on matters related to maritime

3 and port security and safety, including—

4 ‘‘(i) longterm solutions for maritime

5 and port security issues;

6 ‘‘(ii) coordination of security and safe7 ty operations and information between and

8 among Federal, State, and local govern9 ments and area and local port security

10 committees and harbor safety committees;

11 ‘‘(iii) conditions for maritime security

12 and safety loan guarantees and grants;

13 ‘‘(iv) development of a National Mari14 time Transportation Security Plan;

15 ‘‘(v) development and implementation

16 of area and local maritime security plans;

17 ‘‘(vi) protection of port energy trans18 portation facilities; and

19 ‘‘(vii) helping to ensure that the pub20 lic and area and local port security com21 mittees are kept informed about maritime

22 security enhancement developments.

23 ‘‘(5) TERMINATION.—The Advisory Committee

24 shall terminate on September 30, 2005.’’.
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1 (b) FUNDING FOR FYS 2003–2005.—Of the amounts

2 made available under section 122(b) there may be made

3 available to the Secretary of Transportation for activities

4 of the National Maritime Security Advisory Committee es5 tablished under section 7(d) of the Ports and Waterways

6 Safety Act (33 U.S.C. 1226(d)) $1,000,000 for each of

7 fiscal years 2003 through 2005, such sums to remain

8 available until expended.

9 (c) AUTHORIZATION OF APPROPRIATIONS FOR FY

10 2002.—There are authorized to be appropriated to the

11 Secretary of Transportation $1,000,000 for fiscal year

12 2002 for activities of the Advisory Committee, such sums

13 to remain available until expended.

14 SEC. 103. INITIAL SECURITY EVALUATIONS AND PORT VUL15 NERABILITY ASSESSMENTS.

16 (a) IN GENERAL.—Section 7 of the Ports and Water17 ways Safety Act (33 U.S.C. 1226), as amended by section

18 102, is further amended by adding at the end the fol19 lowing:

20 ‘‘(e) INITIAL SECURITY EVALUATIONS AND PORT

21 VULNERABILITY ASSESSMENTS.—

22 ‘‘(1) DEVELOPMENT OF STANDARDS.—The Sec23 retary, in consultation with appropriate public and

24 private sector officials and organizations, shall de25 velop standards and procedures for conducting ini-
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1 tial security evaluations and port vulnerability as2 sessments.

3 ‘‘(2) INITIAL SECURITY EVALUATIONS.—The

4 Secretary shall conduct an initial security evaluation

5 of all port authorities, waterfront facilities, and pub6 lic or commercial structures located within or adja7 cent to the marine environment. The Secretary shall

8 consult the local port security committee while devel9 oping the initial security evaluation, and may require

10 each port authority, waterfront facility operator, or

11 operator of a public or commercial structure located

12 within or adjacent to the marine environment to

13 submit security information for review by the local

14 port security committee.

15 ‘‘(3) PORT VULNERABILITY ASSESSMENTS.—

16 The Secretary shall review initial security evalua17 tions and conduct a port vulnerability assessment for

18 each port for which the Secretary determines such

19 an assessment is appropriate. If a port vulnerability

20 assessment has been conducted within 5 years by or

21 on behalf of a port authority or marine terminal op22 erator, and the Secretary determines that it was

23 conducted in a manner that is generally consistent

24 with the standards and procedures specified under

25 this subsection, the Secretary may accept that as-
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1 sessment rather than conducting another port vul2 nerability assessment for that port.

3 ‘‘(4) REVIEW AND COMMENT OPPORTUNITY.—

4 The Secretary shall make each initial security eval5 uation and port vulnerability assessment for a port

6 available for review and comment by the local port

7 security committee, officials of the port authority,

8 marine terminal operator representatives, and rep9 resentatives of other entities connected to or affili10 ated with maritime commerce or port security as the

11 Secretary determines to be appropriate, based on the

12 recommendations of the local port security com13 mittee.

14 ‘‘(5) UNAUTHORIZED DISCLOSURE.—The Sec15 retary shall ensure that all initial security evalua16 tions, port vulnerability assessments, and any associ17 ated materials are properly safeguarded from unau18 thorized disclosure.

19 ‘‘(6) MATERIAL AND MISSION SUPPORT.—In

20 carrying out responsibilities under this Act, the Sec21 retary may accept contributions of funds, material,

22 services, and the use of personnel and facilities from

23 public and private entities by contract or other ar24 rangement if the confidentiality of security-sensitive

25 information is maintained and access to such infor-
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1 mation is limited appropriately. The Secretary shall

2 deposit any funds accepted under this section as

3 miscellaneous receipts in the general fund of the

4 Treasury.’’.

5 (b) FUNDING.—Of the amounts made available under

6 section 122(b) there may be made available to the Sec7 retary $10,000,000 for each of fiscal years 2003 through

8 2006 to carry out section 7(e) of the Ports and Waterways

9 Safety Act (33 U.S.C. 1226(e)), such sums to remain

10 available until expended.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the Secretary

13 $20,000,000 for fiscal year 2002 to carry out section 7(e)

14 of the Ports and Waterways Safety Act (33 U.S.C.

15 1226(e)), such sums to remain available until expended.

16 SEC. 104. ESTABLISHMENT OF LOCAL PORT SECURITY

17 COMMITTEES.

18 (a) IN GENERAL.—Section 7 of the Ports and Water19 ways Safety Act (33 U.S.C. 1226), as amended by section

20 103, is further amended by adding at the end the fol21 lowing:

22 ‘‘(f) LOCAL PORT SECURITY COMMITTEES.—

23 ‘‘(1) ESTABLISHMENT.—The Secretary shall es24 tablish local port security committees.
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1 ‘‘(2) FUNCTIONS.—A local port security com2 mittees established under this subsection shall—

3 ‘‘(A) help coordinate planning and other

4 port security activities;

5 ‘‘(B) help make use of, and disseminate

6 the information made available under this sec7 tion;

8 ‘‘(C) make recommendations concerning

9 initial security evaluations and port vulner10 ability assessments by identifying the unique

11 characteristics of each port;

12 ‘‘(D) assist in the review of port vulner13 ability assessments promulgated under this sec14 tion;

15 ‘‘(E) assist in implementing the guidance

16 promulgated under this section;

17 ‘‘(F) annually review maritime security

18 plans for each local port authority, waterfront

19 facility operator, or operator of a public or com20 mercial structure located within or adjacent to

21 the marine environment; and

22 ‘‘(G) assist the Captain-of-the-Port in con23 ducting a field security exercise at least once

24 every 3 years to verify the effectiveness of one

25 or more maritime security plans for a local port
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1 authority, waterfront facility operator, or oper2 ator of a public or commercial structure located

3 within or adjacent to the marine environment.

4 ‘‘(3) USE OF EXISTING COMMITTEES.—In es5 tablishing these local port security committees, the

6 Secretary may use or augment any existing port or

7 harbor safety committee or port readiness com8 mittee, if the membership of the port security com9 mittee includes representatives of—

10 ‘‘(A) the port authority or authorities;

11 ‘‘(B) Federal, State and local government;

12 ‘‘(C) Federal, State, and local law enforce13 ment agencies;

14 ‘‘(D) longshore labor organizations or

15 transportation workers;

16 ‘‘(E) local port-related business officials or

17 management organizations;

18 ‘‘(F) shipping companies, vessel owners,

19 terminal owners and operators, truck, rail and

20 pipeline operators, where such are in operation;

21 and

22 ‘‘(G) other persons or organizations whose

23 inclusion is deemed beneficial by the Captain of

24 the Port or the Secretary.
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1 ‘‘(4) CHAIR.—Each local port security com2 mittee shall be chaired by the Captain-of-the-Port.

3 ‘‘(5) JURISDICTION.—Each port may have a

4 separate port security committee or, at the discre5 tion of the Captain-of-the-Port, a Captain-of-the6 Port zone may have a single port security committee

7 covering all ports within that zone.

8 ‘‘(6) QUARTERLY MEETINGS.—The port secu9 rity committee shall meet at least 4 times each year

10 at the call of the Chairperson.

11 ‘‘(7) FACA NOT APPLICABLE.—The Federal

12 Advisory Committee Act (5 U.S.C. App.) does not

13 apply to a port security committee established under

14 this subsection.

15 ‘‘(8) MATERIAL AND MISSION SUPPORT.—In

16 carrying out responsibilities under this Act, the Sec17 retary may accept contributions of funds, material,

18 services, and the use of personnel and facilities from

19 public and private entities by contract or other ar20 rangement if the confidentiality of security-sensitive

21 information is maintained and access to such infor22 mation is limited appropriately. The Secretary shall

23 deposit any funds accepted under this section as

24 miscellaneous receipts in the general fund of the

25 United States Treasury.’’.
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1 (b) FUNDING.—Of the amounts made available under

2 section 122(b) there may be made available to the Sec3 retary $3,000,000 for each of fiscal years 2003 through

4 2006 to carry out section 7(f) of the Ports and Waterways

5 Safety Act (33 U.S.C. 1226(f)), such sums to remain

6 available until expended.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to the Secretary

9 $5,000,000 for each of fiscal years 2002 and 2003 to

10 carry out section 7(f) of the Ports and Waterways Safety

11 Act (33 U.S.C. 1226(f)), such sums to remain available

12 until expended.

13 SEC. 105. MARITIME FACILITY SECURITY PLANS.

14 Section 7 of the Ports and Waterways Safety Act,

15 (33 U.S.C. 1226), as amended by section 104, is further

16 amended by adding at the end the following:

17 ‘‘(g) MARITIME FACILITY SECURITY PLANS.—

18 ‘‘(1) REGULATIONS TO ESTABLISH REQUIRE19 MENT.—The Secretary, after consultation with the

20 Secretary of the Treasury and the Attorney General,

21 shall issue regulations establishing requirements for

22 submission of a maritime facility security plan, as

23 the Secretary determines necessary, by each port au24 thority, waterfront facility operator, or operator of a

25 public or commercial structure located within or ad-
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1 jacent to the marine environment (as defined in sec2 tion 2101(15) of title 46, United States Code). The

3 Secretary shall ensure that the local port security

4 committee is consulted in the development of a mari5 time facility security plan under those regulations.

6 ‘‘(2) PURPOSE; SPECIFICITY; CONTENT.—

7 ‘‘(A) PURPOSE.—A maritime facility secu8 rity plan shall provide a law enforcement pro9 gram and capability at the port that is ade10 quate to safeguard the public and to improve

11 the response to threats of crime and terrorism.

12 ‘‘(B) SPECIFICITY.—Notwithstanding

13 other provisions of this Act, the Secretary may

14 impose specific, or different requirements on in15 dividual ports, port authorities, marine terminal

16 operators or other entities required to submit a

17 maritime facility security plan under regula18 tions promulgated under this subsection.

19 ‘‘(C) CONTENT.—A maritime facility secu20 rity plan shall include—

21 ‘‘(i) provisions for establishing and

22 maintaining physical security for port

23 areas and approaches, including estab24 lishing, as necessary, controlled access

25 areas and secure perimeters within water-
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1 front facilities and other public or commer2 cial structures located within or adjacent

3 to the marine environment;

4 ‘‘(ii) provisions for establishing and

5 maintaining procedural security for proc6 essing passengers, cargo, and crew7 members, and security for employees and

8 service providers;

9 ‘‘(iii) a credentialing requirement to

10 limit access to waterfront facilities and

11 other public or commercial structures lo12 cated within or adjacent to the marine en13 vironment, designed to ensure that only

14 authorized individuals and service pro15 viders gain admittance;

16 ‘‘(iv) a credentialing requirement to

17 limit access to controlled areas and secu18 rity-sensitive information;

19 ‘‘(v) provisions for restricting vehic20 ular access, as necessary, to designated

21 port areas or facilities;

22 ‘‘(vi) provisions for restricting the in23 troduction of firearms and other dangerous

24 weapons, as necessary, to designated port

25 areas or facilities;
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1 ‘‘(vii) provisions for the use of appro2 priately qualified private security officers

3 or qualified State, local, or private law en4 forcement personnel;

5 ‘‘(viii) procedures for evacuation of

6 people from port areas in the event of a

7 terrorist attack or other emergency;

8 ‘‘(ix) a process for assessment and

9 evaluation of the safety and security of

10 port areas before port operations are re11 sumed after a terrorist attack or other

12 emergency; and

13 ‘‘(x) any other information the Sec14 retary requires.

15 ‘‘(3) INCORPORATION OF EXISTING SECURITY

16 PLANS.—The Secretary may approve a maritime fa17 cility security plan, or an amendment to an existing

18 program or plan, that incorporates—

19 ‘‘(A) a security program of a marine ter20 minal operator tenant with access to a secured

21 area of the port, under such conditions as the

22 Secretary deems appropriate; or

23 ‘‘(B) a maritime facility security plan of a

24 port authority that incorporates a State or local

25 security program, policy, or law.
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1 ‘‘(4) APPROVAL PROCESS.—

2 ‘‘(A) IN GENERAL.—The Secretary shall

3 review and approve or disapprove each maritime

4 facility security plan submitted under regula5 tions promulgated under this subsection.

6 ‘‘(B) RESUBMISSION OF DISAPPROVED

7 PLANS.—If the Secretary disapproves a mari8 time facility security plan—

9 ‘‘(i) the Secretary shall notify the plan

10 submitter in writing of the reasons for the

11 disapproval; and

12 ‘‘(ii) the submitter shall submit a re13 vised maritime facility security plan within

14 180 days after receiving the notification of

15 disapproval.

16 ‘‘(5) PERIODIC REVIEW AND RESUBMISSION.—

17 Whenever appropriate, but no less frequently than

18 once every 5 years, each port authority, marine ter19 minal operator or other entity required to submit a

20 maritime facility security plan under regulations

21 promulgated under this subsection shall review its

22 plan, make necessary or appropriate revisions, and

23 submit the results of its review and revised plan to

24 the Secretary.
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1 ‘‘(6) INTERIM SECURITY MEASURES.—The Sec2 retary shall require each port authority, waterfront

3 facility operator, or operator of a public or commer4 cial structure located within or adjacent to the ma5 rine environment, to implement any necessary secu6 rity measures, including the establishment of a se7 cure perimeter and positive access controls, until the

8 maritime facility security plan for that port author9 ity, waterfront facility operator, or operator of a

10 public or commercial structure located within or ad11 jacent to the marine environment is approved.’’.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Secretary

14 $3,500,000 for each of fiscal years 2002 through 2006

15 to carry out section 7(g) of the Ports and Waterways Safe16 ty Act (33 U.S.C. 1226(g)), such sums to remain available

17 until expended.

18 SEC. 106. EMPLOYMENT INVESTIGATIONS AND RESTRIC19 TIONS FOR SECURITY-SENSITIVE POSITIONS.

20 Section 7 of the Ports and Waterways Safety Act,

21 (33 U.S.C. 1226), as amended by section 105, is further

22 amended by adding at the end the following:

23 ‘‘(h) DESIGNATION OF CONTROLLED ACCESS AREAS;

24 PROTECTION OF SECURITY-SENSITIVE INFORMATION;
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1 EMPLOYMENT INVESTIGATIONS AND CRIMINAL HISTORY

2 RECORD CHECKS.—

3 ‘‘(1) ACCESS AREAS; RESTRICTED INFORMA4 TION REGULATIONS.—The Secretary, after consulta5 tion with the Secretary of the Treasury and the At6 torney General, shall prescribe regulations to—

7 ‘‘(A) require, as necessary, the designation

8 of controlled access areas in the maritime facil9 ity security plan for each waterfront facility and

10 other public or commercial structure located

11 within or adjacent to the marine environment;

12 and

13 ‘‘(B) limit access to security-sensitive in14 formation, such as passenger and cargo mani15 fests.

16 ‘‘(2) SCREENING; BACKGROUND CHECKS.—In

17 prescribing access limitations under this section, the

18 Secretary may—

19 ‘‘(A) require that persons entering or

20 exiting secure, restricted, or controlled access

21 areas undergo physical screening;

22 ‘‘(B) require appropriate escorts for per23 sons without proper clearances or credentials;

24 and
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1 ‘‘(C) require employment investigations

2 and criminal history record checks to ensure

3 that individuals who have unrestricted access to

4 controlled areas or have access to security-sen5 sitive information do not pose a threat to na6 tional security or to the safety and security of

7 maritime commerce.

8 ‘‘(3) DISQUALIFICATION FROM NEW OR CON9 TINUED EMPLOYMENT.—An individual may not be

10 employed in a security-sensitive position at any wa11 terfront facility or other public or commercial struc12 ture located within or adjacent to the marine envi13 ronment if—

14 ‘‘(A) the individual does not meet other

15 criteria established by the Secretary; or

16 ‘‘(B) a background investigation or crimi17 nal records check reveals that—

18 ‘‘(i) within the previous 7 years the

19 individual was convicted, or found not

20 guilty by reason of insanity of an offense

21 described in paragraph (4); or

22 ‘‘(ii) within the previous 5 years was

23 released from incarceration for committing

24 an offense described in paragraph (4).
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1 ‘‘(4) DISQUALIFYING OFFENSES.—The offenses

2 referred to in paragraph (3)(B) are the following:

3 ‘‘(A) Murder.

4 ‘‘(B) Assault with intent to murder.

5 ‘‘(C) Espionage.

6 ‘‘(D) Sedition.

7 ‘‘(E) Treason.

8 ‘‘(F) Rape.

9 ‘‘(G) Kidnaping.

10 ‘‘(H) Unlawful possession, sale, distribu11 tion, importation, or manufacture of an explo12 sive or weapon.

13 ‘‘(I) Extortion.

14 ‘‘(J) Armed or felony unarmed robbery.

15 ‘‘(K) Importation, manufacture, or dis16 tribution of, or intent to distribute, a controlled

17 substance.

18 ‘‘(L) A felony involving a threat.

19 ‘‘(M) A felony involving willful destruction

20 of property.

21 ‘‘(N) Smuggling.

22 ‘‘(O) Theft of property in the custody of

23 the United States Customs Service.
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1 ‘‘(P) Attempt to commit, or conspiracy to

2 commit any of the offenses referred to in sub3 paragraphs (A) through (O).

4 ‘‘(5) ALTERNATIVE ARRANGEMENTS.—Notwith5 standing paragraph (1), an individual may be em6 ployed in a security-sensitive position although that

7 individual would otherwise be disqualified from such

8 employment if the employer establishes alternate se9 curity arrangements acceptable to the Secretary.

10 ‘‘(6) APPEALS PROCESS.—The Secretary shall

11 establish an appeals process under this section for

12 individuals found to be ineligible for employment

13 under paragraph (3) that includes notice and an op14 portunity for a hearing.

15 ‘‘(7) ACCESS TO DATABASES.—Notwithstanding

16 any other provision of law to the contrary, but sub17 ject to existing or new procedural safeguards im18 posed by the Attorney General, the Secretary is au19 thorized to access the Federal Bureau of Investiga20 tion’s Integrated Automatic Fingerprinting Identi21 fication System, the Fingerprint Identification

22 Record System, the Interstate Identification Index,

23 the National Crime Identification System, and the

24 Integrated Entry and Exit Data System for the pur25 pose of conducting or verifying the results of any
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1 background investigation or criminal records check

2 required by this subsection.

3 ‘‘(8) RESTRICTIONS ON USE AND MAINTENANCE

4 OF INFORMATION.—

5 ‘‘(A) SECRETARY MAY GIVE RESULTS OF

6 INVESTIGATION TO EMPLOYERS.—The Sec7 retary may transmit the results of a back8 ground check or criminal records check to a

9 port authority, marine terminal operator, or

10 other entity the Secretary determines necessary

11 for carrying out the requirements of this sub12 section.

13 ‘‘(B) FOIA NOT TO APPLY.—Information

14 obtained by the Secretary under this subsection

15 may not be made available to the public under

16 section 552 of title 5, United States Code.

17 ‘‘(C) CONFIDENTIALITY.—Except to the

18 extent necessary to carry out this subsection,

19 any information other than criminal acts or of20 fenses constituting grounds for ineligibility for

21 employment under paragraph (3) shall be main22 tained confidentially by the Secretary and may

23 be used only for making determinations under

24 this section.
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1 ‘‘(9) EFFECTIVENESS AUDITS.—The Secretary

2 shall provide for the periodic audit of the effective3 ness of employment investigations and criminal his4 tory record checks required by this subsection.

5 ‘‘(10) USER FEES.—

6 ‘‘(A) IN GENERAL.—The Secretary and the

7 Attorney General shall establish and collect rea8 sonable fees to pay expenses incurred by the

9 Federal government in carrying out any inves10 tigation, criminal history record check,

11 fingerprinting, or identification verification

12 services provided for under this subsection.

13 ‘‘(B) DEPOSIT OF AMOUNT RECEIVED.—

14 Amounts received by the Attorney General or

15 Secretary under this section shall be credited to

16 the account in the Treasury from which the ex17 penses were incurred as offsetting collections

18 and shall be available to the Attorney General

19 and the Secretary upon the approval of Con20 gress.

21 ‘‘(11) SUBSECTION NOT IN DEROGATION OF

22 OTHER AUTHORITY.—Nothing in this subsection re23 stricts any agency, instrumentality, or department of

24 the United States from exercising, or limits its au25 thority to exercise, any other statutory or regulatory
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1 authority to initiate or enforce port security stand2 ards.’’.

3 SEC. 107. MARITIME DOMAIN AWARENESS.

4 (a) IN GENERAL.—The Secretary shall conduct a

5 study on ways to enhance maritime domain awareness

6 through improved collection and coordination of maritime

7 intelligence and submit a report on the findings of that

8 study to the Senate Committee on Commerce, Science,

9 and Transportation and the House of Representatives

10 Committee on Transportation and Infrastructure.

11 (b) SPECIFIC MATTERS TO BE ADDRESSED.—In the

12 study, the Secretary shall—

13 (1) identify actions and resources necessary for

14 multi-agency cooperative efforts to improve the mar15 itime security of the United States;

16 (2) specifically address measures necessary to

17 ensure the effective collection, dissemination, and in18 terpretation of maritime intelligence and data, infor19 mation resource management and database require20 ments, architectural measures for cross-agency inte21 gration, data sharing, correlation and safeguarding

22 of data, and cooperative analysis to identify and ef23 fectively respond to threats to maritime security;

24 (3) estimate the potential costs of establishing

25 and operating such a new or linked database and
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1 provides recommendations on what agencies should

2 contribute to the cost of its operation;

3 (4) evaluate the feasibility of establishing a

4 joint interagency task force on maritime intelligence;

5 (5) estimate of potential costs and benefits of

6 utilizing commercial supercomputing platforms and

7 data bases to enhance information collection and

8 analysis capabilities across multiple Federal agen9 cies; and

10 (6) provide a suggested time frame for the de11 velopment of such a system or database.

12 (c) PARTICIPATION OF OTHER AGENCIES.—The Sec13 retary shall consult with the Director of Central Intel14 ligence, the Secretary of State, the Secretary of the Treas15 ury, the Secretary of Defense, the Attorney General, the

16 Secretary of Agriculture, the Secretary of Commerce, the

17 Secretary of Energy, the Director of the Federal Emer18 gency Management Agency, and the heads of other depart19 ments and agencies as necessary and invite their participa20 tion in the preparation of the study and report required

21 by subsection (a).

22 (d) DEADLINE.—The Secretary shall submit the re23 port required by subsection (a) within 180 days after the

24 date of enactment of this Act.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Secretary

3 $500,000 in fiscal year 2002 to carry out this section.

4 SEC. 108. INTERNATIONAL PORT SECURITY.

5 (a) IN GENERAL.—Part A of subtitle II of title 46,

6 United States Code, is amended by adding at the end the

7 following:

8 ‘‘CHAPTER 25. INTERNATIONAL PORT

9 SECURITY.

‘‘Sec.

‘‘2501. Assessment.

‘‘2502. Notifying foreign authorities.

‘‘2503. Actions when ports not maintaining and carrying out effective security

measures.

‘‘2504. Travel advisories concerning security at foreign ports.

‘‘2505. Suspensions.

‘‘2506. Acceptance of contributions; joint venture arrangements.

10 ‘‘§ 2501. Assessment

11 ‘‘(a) IN GENERAL.—At intervals the Secretary of

12 Transportation considers necessary, the Secretary shall

13 assess the effectiveness of the security measures main14 tained at—

15 ‘‘(1) a foreign port—

16 ‘‘(A) served by vessels of the United

17 States;

18 ‘‘(B) from which foreign vessels serve the

19 United States; or

20 ‘‘(C) that poses a high risk of introducing

21 danger to United States ports and waterways,
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1 United States citizens, vessels of the United

2 States or any other United States interests; and

3 ‘‘(2) any other foreign port the Secretary con4 siders appropriate.

5 ‘‘(b) PROCEDURES AND STANDARDS.—The Secretary

6 shall conduct an assessment under subsection (a) of this

7 section—

8 ‘‘(1) in consultation with appropriate authori9 ties of the government of the foreign country con10 cerned and operators of vessels of the United States

11 serving the foreign port for which the Secretary is

12 conducting the assessment;

13 ‘‘(2) to establish the extent to which a foreign

14 port effectively maintains and carries out inter15 nationally recognized security measures; and

16 ‘‘(3) by using a standard based on the stand17 ards for port security and recommended practices of

18 the International Maritime Organization and other

19 appropriate international organizations.

20 ‘‘(c) CONSULTATION.—In carrying out this section,

21 the Secretary shall consult with—

22 ‘‘(1) the Secretary of State—

23 ‘‘(A) on the terrorist or relevant criminal

24 threat that exists in each country involved; and

25 ‘‘(B) identify foreign ports that—
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1 ‘‘(i) are not under the de facto control

2 of the government of the foreign country in

3 which they are located; and

4 ‘‘(ii) pose a high risk of introducing

5 danger to international maritime com6 merce; and

7 ‘‘(2) the Secretary of the Treasury and coordi8 nate any such assessment with the United States

9 Customs Service.

10 ‘‘§ 2502. Notifying foreign authorities

11 ‘‘(a) DISSEMINATION OF INFORMATION ABOUT THE

12 PROGRAM.—The Secretary shall work with the Secretary

13 of State to facilitate the dissemination of port security

14 program information to port authorities and marine ter15 minal operators in other countries.

16 ‘‘(b) SPECIFIC NOTIFICATIONS.—If the Secretary of

17 Transportation, after conducting an assessment under sec18 tion 2501, finds that a port does not maintain and carry

19 out effective security measures, the Secretary, through the

20 Secretary of State, shall notify the appropriate authorities

21 of the government of the foreign country of the finding

22 and recommend the steps necessary to bring the security

23 measures in use at the port up to the standard used by

24 the Secretary of Transportation in making the assess25 ment.
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1 ‘‘§ 2503. Actions when ports not maintaining and car2 rying out effective security measures

3 ‘‘(a) IN GENERAL.—If the Secretary of Transpor4 tation finds that a port does not maintain and carry out

5 effective security measures—

6 ‘‘(1) the Secretary shall—

7 ‘‘(A) in consultation with the Secretaries of

8 State, Treasury, Agriculture, and the Attorney

9 General, develop measures to protect the safety

10 and security of United States ports from risks

11 related to vessels arriving from a foreign port

12 that does not maintain an acceptable level of se13 curity;

14 ‘‘(B) publish the identity of the port in the

15 Federal Register;

16 ‘‘(C) have the identity of the port posted

17 and displayed prominently at all United States

18 ports at which scheduled passenger carriage is

19 provided regularly to that port; and

20 ‘‘(D) require each United States and for21 eign vessel providing transportation between the

22 United States and the port to provide written

23 notice of the decision, on or with the ticket, to

24 each passenger buying a ticket for transpor25 tation between the United States and the port;
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1 ‘‘(2) the Secretary may, after consultation with

2 the Secretaries of State and of the Treasury, pre3 scribe conditions of port entry into the United

4 States for any vessel arriving from a port deter5 mined under this subsection to maintain ineffective

6 security measures, or any vessel carrying cargo orig7 inating from or transshipped through such a port,

8 including refusing entry, inspection, or any other

9 condition as the Secretary determines may be nec10 essary to ensure the safety of United States ports

11 and waterways; and

12 ‘‘(3) the Secretary may prohibit a United

13 States or foreign vessel from providing transpor14 tation between the United States and any other for15 eign port that is served by vessels navigating to or

16 from a port found not to maintain and carry out ef17 fective security measures.

18 ‘‘(b) EFFECTIVE DATE FOR SANCTIONS.—Any action

19 taken by the Secretary under subsection (a) for a par20 ticular port shall take effect—

21 ‘‘(1) 90 days after the government of the for22 eign country with jurisdiction or control of that port

23 is notified under section 2502 unless the Secretary

24 finds that the government has brought the security

25 measures at the port up to the standard the Sec-
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1 retary used in making an assessment under section

2 2501 before the end of that 90-day period; or

3 ‘‘(2) immediately upon the determination of the

4 Secretary under subsection (a) if the Secretary

5 finds, after consulting with the Secretary of State,

6 that a condition exists that threatens the safety or

7 security of passengers, vessels, or crew traveling to

8 or from the port.

9 ‘‘(c) STATE DEPARTMENT TO BE NOTIFIED.—The

10 Secretary immediately shall notify the Secretary of State

11 of a finding that a port does not maintain and carry out

12 effective security measures so that the Secretary of State

13 may issue a travel advisory.

14 ‘‘(d) CONGRESSIONAL NOTIFICATION REQUIRED.—

15 The Secretary promptly shall submit to Congress a report

16 (and classified annex if necessary) identifying any port

17 that the Secretary finds does not maintain and carry out

18 effective security measures and describe any action taken

19 under this section with regard to that port.

20 ‘‘(e) ACTION CANCELED.—An action required under

21 this section is no longer required if the Secretary, in con22 sultation with the Secretary of State, decides that effective

23 security measures are maintained and carried out at the

24 port. The Secretary shall notify Congress when the action

25 is no longer required.
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1 ‘‘§ 2504. Travel advisories concerning security at for2 eign ports

3 ‘‘(a) IN GENERAL.—Upon being notified by the Sec4 retary of Transportation that the Secretary has deter5 mined that a condition exists that threatens the safety or

6 security of passengers, passenger vessels, or crew traveling

7 to or from a foreign port which the Secretary has deter8 mined under this chapter to be a port which does not

9 maintain and administer effective security measures, the

10 Secretary of State shall immediately issue a travel advi11 sory with respect to the port. The Secretary of State shall

12 take the necessary steps to publicize the travel advisory

13 widely.

14 ‘‘(b) WHEN TRAVEL ADVISORY MAY BE CAN15 CELED.—The travel advisory required to be issued under

16 subsection (a) of this section may be lifted only if the Sec17 retary of Transportation, in consultation with the Sec18 retary of State, has determined that effective security

19 measures are maintained and administered at the port

20 with respect to which the Secretary of Transportation had

21 made the determination.

22 ‘‘(c) CONGRESSIONAL NOTIFICATION.—The Sec23 retary of State shall immediately notify Congress of any

24 change in the status of a travel advisory imposed pursuant

25 to this section.
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1 ‘‘§ 2505. Suspensions

2 ‘‘(a) IN GENERAL.—The President, without prior no3 tice or a hearing, shall suspend the right of any vessel

4 of the United States, and the right of a person to trade

5 with the United States, to provide foreign sea transpor6 tation, and the right of a person to operate vessels in for7 eign sea commerce, to or from a foreign port, if the Presi8 dent finds that—

9 ‘‘(1) a condition exists that threatens the safety

10 or security of passengers, vessels, or crew traveling

11 to or from that port; and

12 ‘‘(2) the public interest requires an immediate

13 suspension of trade between the United States and

14 that port.

15 ‘‘(b) DENIAL OF ENTRY.—If a person operates a ves16 sel in violation of this section, the President may deny the

17 vessels of that person entry to United States ports.

18 ‘‘(c) PENALTY FOR VIOLATION.—A person violating

19 this section is liable to the United States Government for

20 a civil penalty of not more than $50,000. Each day a ves21 sel utilizes a prohibited port shall be a separate violation

22 of this section.

23 ‘‘§ 2506. Acceptance of contributions; joint venture

24 arrangements

25 ‘‘In carrying out responsibilities under this chapter,

26 the Secretary may accept contributions of funds, material,
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1 services, and the use of personnel and facilities from public

2 and private entities by contract or other arrangement if

3 the confidentiality of security-sensitive information is

4 maintained and access to such information is limited ap5 propriately. The Secretary shall deposit any funds accept6 ed under this section as miscellaneous receipts in the gen7 eral fund of the United States Treasury.’’.

8 (b) CONFORMING AMENDMENT.—The table of chap9 ters at the beginning of subtitle II of title 46, United

10 States Code, is amended by inserting the following new

11 item in part A after the item for chapter 23:

‘‘25. International Port Security ............................................................. 2501’’.

12 (c) REPEALS.—Sections 902, 905, 907, 908, 909,

13 910, 911, 912, and 913 of the International Maritime and

14 Port Security Act (46 U.S.C. App. 1801, 1802, 1803,

15 1804, 1805, 1806, 1807, 1808, and 1809), are repealed.

16 (d) FOREIGN-FLAG VESSELS.—Within 6 months

17 after the date of enactment of this Act and every year

18 thereafter, the Secretary, in consultation with the Sec19 retary of State, shall provide a report to the Committees

20 on Commerce, Science, and Transportation and Foreign

21 Relations of the Senate, and the Committees on Transpor22 tation and Infrastructure and International Relations of

23 the House of Representatives that lists the following infor24 mation:
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1 (1) A list of all nations whose flag vessels have

2 entered United States ports in the previous year.

3 (2) Of the nations on that list, a separate list

4 of those nations—

5 (A) whose registered flag vessels appear as

6 Priority III or higher on the Boarding Priority

7 Matrix maintained by the Coast Guard;

8 (B) that have presented, or whose flag ves9 sels have presented, false, intentionally incom10 plete, or fraudulent information to the United

11 States concerning passenger or cargo manifests,

12 crew identity or qualifications, or registration or

13 classification of their flag vessels;

14 (C) whose vessel registration or classifica15 tion procedures have been found by the Sec16 retary to be noncompliant with international

17 classifications or do not exercise adequate con18 trol over safety and security concerns; or

19 (D) whose laws or regulations are not suf20 ficient to allow tracking of ownership and reg21 istration histories of registered flag vessels.

22 (3) Actions taken by the United States, whether

23 through domestic action or international negotiation,

24 including agreements at the International Maritime

25 Organization under section 902 of the International
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1 Maritime and Port Security Act (46 U.S.C. App.

2 1801), to improve transparency and security of ves3 sel registration procedures in nations on the list

4 under paragraph (2).

5 (4) Recommendations for legislative or other

6 actions needed to improve security of United States

7 ports against potential threats posed by flag vessels

8 of nations named in paragraph (2).

9 SEC. 109. COUNTER-TERRORISM AND INCIDENT CONTIN10 GENCY PLANS.

11 (a) IN GENERAL.—The Secretary, in coordination

12 with the Director of the Federal Bureau of Investigation,

13 shall ensure that all area maritime counter-terrorism and

14 incident contingency plans are reviewed, revised, and up15 dated no less frequently than once every 3 years.

16 (b) LOCAL PORT SECURITY COMMITTEES.—The Sec17 retary shall ensure that port security committees estab18 lished under section 7(f) of the Ports and Maritime Safety

19 Act (33 U.S.C. 2116(f)) are involved in the review, revi20 sion, and updating of the plans.

21 (c) SIMULATION EXERCISES.—The Secretary shall

22 ensure that—

23 (1) simulation exercises are conducted annually

24 for all such plans; and
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1 (2) actual practice drills and exercises are con2 ducted at least once every 3 years.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Secretary

5 $1,000,000 for each of fiscal years 2002 through 2006

6 to carry out this section, such sums to remain available

7 until expended.

8 SEC. 110. MARITIME SECURITY PROFESSIONAL TRAINING.

9 (a) IN GENERAL.—

10 (1) DEVELOPMENT OF STANDARDS.—Not later

11 than 6 months after the date of enactment of this

12 Act, the Secretary of Transportation shall develop

13 standards and curriculum to allow for the training

14 and certification of maritime security professionals.

15 In developing these standards and curriculum, the

16 Secretary shall consult with the National Maritime

17 Security Advisory Committee established under sec18 tion 7(d) of the Ports and Maritime Safety Act (33

19 U.S.C. 2116(d)).

20 (2) SECRETARY TO CONSULT ON STAND21 ARDS.—In developing standards under this section,

22 the Secretary may, without regard to the Federal

23 Advisory Committee Act (5 U.S.C. App.), consult

24 with the Federal Law Enforcement Training Center,

25 the United States Merchant Marine Academy’s
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1 Global Maritime and Transportation School, the

2 Maritime Security Council, the International Asso3 ciation of Airport and Port Police, the National

4 Cargo Security Council, and any other Federal,

5 State, or local government or law enforcement agen6 cy or private organization or individual determined

7 by the Secretary to have pertinent expertise.

8 (b) MINIMUM STANDARDS.—The standards estab9 lished by the Secretary under subsection (a) shall include

10 the following elements:

11 (1) The training and certification of maritime

12 security professionals in accordance with accepted

13 law enforcement and security guidelines, policies,

14 and procedures, including, as appropriate, rec15 ommendations for incorporating a background check

16 process for personnel trained and certified in foreign

17 ports.

18 (2) The training of students and instructors in

19 all aspects of prevention, detection, investigation,

20 and reporting of criminal activities in the inter21 national maritime environment.

22 (3) The provision of off-site training and certifi23 cation courses and certified personnel at United

24 States and foreign ports used by United States25 flagged vessels, or by foreign-flagged vessels with
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1 United States citizens as passengers or crew2 members, to develop and enhance security awareness

3 and practices.

4 (c) TRAINING PROVIDED TO LAW ENFORCEMENT

5 AND SECURITY PERSONNEL.—The Secretary is author6 ized to make the training opportunities provided under

7 this section available to any Federal, State, local, and pri8 vate law enforcement or maritime security personnel in the

9 United States or in foreign ports used by United States10 flagged vessels with United States citizens as passengers

11 or crewmembers.

12 (d) USE OF CONTRACT RESOURCES.—The Secretary

13 shall employ existing Federal and contract resources to

14 train and certify maritime security professionals in accord15 ance with the standards and curriculum developed under

16 this Act.

17 (e) ANNUAL REPORT.—The Secretary shall transmit

18 an annual report to the Senate Committee on Commerce,

19 Science, and Transportation and the House of Represent20 atives Committee on Transportation and Infrastructure on

21 the expenditure of appropriated funds and the training

22 under this section.

23 (f) FUNDING.—Of the amounts made available under

24 section 122(b), there may be made available to the Sec25 retary to carry out this section—
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1 (1) $2,500,000 for each of fiscal years 2003

2 and 2004, and

3 (2) $3,000,000 for each of fiscal years 2005

4 and 2006,

5 such sums to remain available until expended.

6 (g) AUTHORIZATION OF APPROPRIATIONS—There

7 are authorized to be appropriated to the Secretary to carry

8 out this section—

9 (1) $5,500,000 for fiscal year 2002;

10 (2) $3,000,000 for each of fiscal years 2003

11 and 2004; and

12 (3) $2,500,000 for each of fiscal years 2005

13 and 2006.

14 SEC. 111. PORT SECURITY INFRASTRUCTURE IMPROVE15 MENT.

16 (a) IN GENERAL.—The Merchant Marine Act, 1936

17 (46 U.S.C. App. 1101 et seq.) is amended by adding at

18 the end the following:

19 ‘‘TITLE XIV—PORT SECURITY IN20 FRASTRUCTURE IMPROVE21 MENT

22 ‘‘SEC. 1401. LOAN GUARANTEES FOR PORT SECURITY IN23 FRASTRUCTURE IMPROVEMENTS.

24 ‘‘(a) IN GENERAL.—The Secretary of Transpor25 tation, subject to the terms the Secretary shall prescribe
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1 and after consultation with the United States Coast

2 Guard, the United States Customs Service, and the Na3 tional Maritime Security Advisory Committee established

4 under section 102 of the Port and Maritime Security Act

5 of 2001, may guarantee or make a commitment to guar6 antee the payment of the principal of, and the interest

7 on, an obligation for port security infrastructure improve8 ments for an eligible project at any United States port.

9 ‘‘(b) LIMITATIONS.—Guarantees or commitments to

10 guarantee under this section are subject to the extent ap11 plicable to all the laws, requirements, regulations, and pro12 cedures that apply to guarantees or commitments to guar13 antee made under title XI, except that—

14 ‘‘(1) guarantees or commitments to guarantee

15 made under this section are eligible for not more

16 than 87.5 percent of the actual cost of the security

17 infrastructure improvement;

18 ‘‘(2) notwithstanding section 1104A(d), deter19 mination of economic soundness for a security infra20 structure project shall be based upon the economic

21 soundness of the applicant and not the project;

22 ‘‘(3) guarantees or commitments to guarantee

23 may be made under this section to persons who are

24 not citizens of the United States as defined in sec-
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1 tion 2 of the Shipping Act, 1916 (46 U.S.C. App.

2 802).

3 ‘‘(c) TRANSFER OF FUNDS.—The Secretary may ac4 cept the transfer of funds from any other department,

5 agency, or instrumentality of the United States Govern6 ment and may use those funds to cover the cost (as de7 fined in section 502 of the Federal Credit Reform Act of

8 1990 (2 U.S.C. 61a)) of making guarantees or commit9 ments to guarantee loans entered into under this section.

10 ‘‘(d) ELIGIBLE PROJECTS.—A project is eligible for

11 a loan guarantee or commitment under subsection (a) if

12 it is for the construction or acquisition of new security

13 infrastructure that is—

14 ‘‘(1) equipment or facilities to be used for port

15 security monitoring and recording;

16 ‘‘(2) security gates and fencing;

17 ‘‘(3) security-related lighting systems;

18 ‘‘(4) remote surveillance systems;

19 ‘‘(5) concealed video systems; or

20 ‘‘(6) other security infrastructure or equipment

21 that contributes to the overall security of passengers,

22 cargo, or crewmembers.
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1 ‘‘SEC. 1402. GRANTS.

2 ‘‘(a) FINANCIAL ASSISTANCE.—The Secretary may

3 provide financial assistance for eligible projects (within the

4 meaning of section 1401(d).

5 ‘‘(b) MATCHING REQUIREMENTS.—

6 ‘‘(1) 75-PERCENT FEDERAL FUNDING.—Except

7 as provided in paragraph (2), Federal funds for any

8 eligible project under this section shall not exceed 75

9 percent of the total cost of such project.

10 ‘‘(2) EXCEPTIONS.—

11 ‘‘(A) SMALL PROJECTS.—There are no

12 matching requirements for grants under sub13 section (a) for projects costing not more than

14 $25,000.

15 ‘‘(B) HIGHER LEVEL OF SUPPORT RE16 QUIRED.—If the Secretary determines that a

17 proposed project merits support and cannot be

18 undertaken without a higher rate of Federal

19 support, then the Secretary may approve grants

20 under this section with a matching requirement

21 other than that specified in paragraph (1).

22 ‘‘(c) ALLOCATION.—The Secretary shall ensure that

23 financial assistance provided under subsection (a) during

24 a fiscal year is distributed so that funds are awarded for

25 eligible projects that address emerging priorities or threats

26 identified by the National Maritime Security Advisory
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1 Committee established under section 7(d) of the Ports and

2 Waterways Safety Act (33 U.S.C. 1226(d)).

3 ‘‘(d) PROJECT PROPOSALS.—Each proposal for a

4 grant under this section shall include the following:

5 ‘‘(1) The name of the individual or entity re6 sponsible for conducting the project.

7 ‘‘(2) A comprehensive description of the need

8 for the project, and a statement of the project’s rela9 tionship to the security plan.

10 ‘‘(3) A description of the qualifications of the

11 individuals who will conduct the project.

12 ‘‘(4) An estimate of the funds and time re13 quired to complete the project.

14 ‘‘(5) Evidence of support of the project by ap15 propriate representatives of States or territories of

16 the United States or other government jurisdictions

17 in which the project will be conducted.

18 ‘‘(6) Information regarding the source and

19 amount of matching funding available to the appli20 cant, as appropriate.

21 ‘‘(7) Any other information the Secretary con22 siders to be necessary for evaluating the eligibility of

23 the project for funding under this title.
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1 ‘‘SEC. 1403. ALLOCATION OF RESOURCES.

2 ‘‘In carrying out this title, the Secretary may ensure

3 that not less than $2,000,000 in loans and loan guaran4 tees under section 1401, and not less than $6,000,000 in

5 grants under section 1402, are made available for eligible

6 projects (as defined in section 1401(d)) located in any

7 State to which reference is made by name in section 607

8 of this Act during each of the fiscal years 2002 through

9 2006.’’.

10 (b) ANNUAL ACCOUNTING.—The Secretary of Trans11 portation shall submit an annual summary of loan guaran12 tees and commitments to make loan guarantees under sec13 tion 1401 of the Merchant Marine Act, 1936, and grants

14 made under section 1402 of that Act, to the Committee

15 on Commerce, Science, and Transportation and the House

16 of Representatives Committee on Transportation and In17 frastructure and the Advisory Committee through appro18 priate media of communication, including the Internet.

19 (c) FUNDING.—Of amounts made available under

20 section 122(b), there may be made available to the Sec21 retary of Transportation—

22 (1) $9,000,000 for each of the fiscal years

23 2003, 2004, 2005, and 2006 as guaranteed loan

24 costs (as defined in section 502(5) of the Federal

25 Credit Reform Act of 1990; 2 U.S.C. 661a(5))
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1 under section 1401 of the Merchant Marine Act,

2 1936,

3 (2) $10,000,000 for each of such fiscal years

4 for grants under section 1402 of the Merchant Ma5 rine Act, 1936, and

6 (3) $1,000,000 for each such fiscal year to

7 cover administrative expenses related to loan guar8 antees under section 1401 of the Merchant Marine

9 Act, 1936, and grants under section 1402 of that

10 Act,

11 such amounts to remain available until expended.

12 (d) ADDITIONAL APPROPRIATIONS AUTHORIZED.—

13 In addition to the amounts made available under sub14 section (c)(2), there are authorized to be appropriated to

15 the Secretary of Transportation—

16 (1) $26,000,000 for each of fiscal years 2002

17 through 2006 to the Secretary as guaranteed loan

18 costs (as defined in section 502(5) of the Federal

19 Credit Reform Act of 1990; 2 U.S.C. 661a(5))

20 under section 1401 of the Merchant Marine Act,

21 1936;

22 (2) $70,000,000 for each of fiscal years 2002

23 through 2006 to the Secretary for grants under sec24 tion 1402 of the Merchant Marine Act, 1936; and
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1 (3) $4,000,000 for each of fiscal years 2002

2 through 2006 to the Secretary to cover administra3 tive expenses related to loan guarantees and grants

4 under paragraphs (8) and (9),

5 such sums to remain available until expended.

6 SEC. 112. SCREENING AND DETECTION EQUIPMENT.

7 (a) FUNDING.—Of amounts made available under

8 section 122(b), there may be made available to the Com9 missioner of Customs for the purchase of nonintrusive

10 screening and detection equipment for use at United

11 States ports—

12 (1) $15,000,000 for fiscal year 2003,

13 (2) $16,000,000 for fiscal year 2004,

14 (3) $18,000,000 for fiscal year 2005, and

15 (4) $19,000,000 for fiscal year 2006,

16 such sums to remain available until expended.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to the Commissioner

19 $20,000,000 for each of fiscal years 2002 through 2006

20 to the Commissioner of Customs for the purchase of non21 intrusive screening and detection equipment for use at

22 United States ports, such sums to remain available until

23 expended.

24 (c) FUNDING FOR FISCAL YEAR 2002.—There are

25 authorized to be appropriated $145,000,000 for the
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1 United States Customs Service for fiscal year 2002 for

2 1,200 new customs inspector positions, 300 new customs

3 agent positions, and other necessary port security posi4 tions, and for purchase and support of equipment (includ5 ing camera systems for docks and vehicle-mounted com6 puters), canine enforcement for port security, and to up7 date computer systems to help improve customs reporting

8 procedures.

9 SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE.

10 The Secretary of Transportation, acting through the

11 Maritime Administration and after consultation with the

12 Advisory Committee and the United States Coast Guard,

13 shall publish a revised version of the document entitled

14 ‘‘Port Security: A National Planning Guide’’, incor15 porating the requirements promulgated under section 7(g)

16 of the Ports and Waterways Security Act (33 U.S.C.

17 2116(g)), within 3 years after the date of enactment of

18 this Act, and make that revised document available on the

19 Internet.

20 SEC. 114. SHARED DOCKSIDE INSPECTION FACILITIES.

21 (a) IN GENERAL.—The Secretary of the Treasury,

22 the Secretary of Agriculture, the Secretary of Transpor23 tation, the Attorney General, and the Administrator of the

24 General Services Administration shall work with each

25 other, the Advisory Committee, and the States to establish
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1 shared dockside inspection facilities at United States ports

2 for Federal and State agencies.

3 (b) FUNDING.—Of the amounts made available under

4 section 122(b), there may be made available to the Sec5 retary of the Transportation, $1,000,000 for each of fiscal

6 years 2003, 2004, 2005, and 2006, such sums to remain

7 available until expended, to establish shared dockside in8 spection facilities at United States ports in consultation

9 with the Secretary of the Treasury, the Secretary of Agri10 culture, and the Attorney General.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the Secretary of

13 Transportation $1,000,000 for fiscal year 2002 to estab14 lish shared dockside inspection facilities at United States

15 ports in consultation with the Secretary of the Treasury,

16 the Secretary of Agriculture, and the Attorney General.

17 SEC. 115. MANDATORY ADVANCED ELECTRONIC INFORMA18 TION FOR CARGO AND PASSENGERS AND

19 OTHER IMPROVED CUSTOMS REPORTING

20 PROCEDURES.

21 (a) CARGO INFORMATION.—

22 (1) IN GENERAL.—Section 431(b) of the Tariff

23 Act of 1930 (19 U.S.C. 1431(b)) is amended—

24 (A) by striking ‘‘Any manifest’’ and insert25 ing ‘‘(1) Any manifest’’; and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(2)(A) In addition to any other requirement

4 under this section, for every land, air, or vessel car5 rier required to make entry or obtain clearance

6 under the customs laws of the United States, the

7 pilot, master, operator, or owner of such carrier (or

8 the authorized agent of such owner or operator)

9 shall provide by electronic transmission cargo mani10 fest information described in subparagraph (B) in

11 advance of such entry or clearance in such manner,

12 time, and form as the Secretary shall prescribe. The

13 Secretary may exclude any class of land, aircraft, or

14 vessel for which he concludes the requirements of

15 this subparagraph are not necessary.

16 ‘‘(B) The information described in this sub17 paragraph is as follows:

18 ‘‘(i) The port of arrival or departure,

19 whichever is applicable.

20 ‘‘(ii) The carrier code, prefix code, or both.

21 ‘‘(iii) The flight, voyage, or trip number.

22 ‘‘(iv) The date of scheduled arrival or date

23 of scheduled departure, as the case may be.

24 ‘‘(v) The request for permit to proceed to

25 the destination, if applicable.
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1 ‘‘(vi) The numbers and quantities from the

2 carrier’s master air waybill, bills of lading, or

3 ocean bills of lading.

4 ‘‘(vii) The first port of lading of the cargo.

5 ‘‘(viii) A description and weight of the

6 cargo or, for a sealed container, the shipper’s

7 declared description and weight of the cargo.

8 ‘‘(ix) The shippers name and address from

9 all air waybills and bills of lading.

10 ‘‘(x) The consignee’s name and address

11 from all air waybills and bills of lading.

12 ‘‘(xi) Notice that actual boarded quantities

13 are not equal to air waybill or bills of lading

14 quantities, except that a carrier is not required

15 by this clause to verify boarded quantities of

16 cargo in sealed containers.

17 ‘‘(xii) Transfer or transit information for

18 the cargo while it has been under the control of

19 the carrier.

20 ‘‘(xiii) Warehouse or other location of the

21 cargo while it has been under the control of the

22 carrier.

23 ‘‘(xiv) Any additional information that the

24 Secretary by regulation determines is reason25 ably necessary to ensure aviation, maritime,
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1 and surface transportation safety pursuant to

2 those laws enforced and administered by the

3 Customs Service.

4 ‘‘(3) The Secretary by regulation shall require

5 nonvessel operating common carriers to meet the re6 quirements of subparagraphs (A) and (B).’’.

7 (2) CONFORMING AMENDMENTS.—Subpara8 graphs (A) and (C) of section 431(d)(1) of such Act

9 are each amended by inserting ‘‘or subsection

10 (b)(2)’’ before the semicolon.

11 (b) DOCUMENTATION OF CARGO.—Part II of title IV

12 of the Tariff Act of 1930 is amended by inserting after

13 section 431 the following new section:

14 ‘‘SEC. 431A. DOCUMENTATION OF WATERBORNE CARGO.

15 ‘‘(a) APPLICABILITY.—This section shall apply to all

16 cargo to be exported moving by a vessel common carrier

17 from a port in the United States.

18 ‘‘(b) DOCUMENTATION REQUIRED.—(1) No shipper

19 of cargo subject to this section (including an ocean trans20 portation intermediary that is a nonvessel-operating com21 mon carrier (as defined in section 3(17)(B) of the Ship22 ping Act of 1984 (46 U.S.C. App. 1702(17)(B)) may ten23 der or cause to be tendered to a vessel common carrier

24 cargo subject to this section for loading on a vessel in a
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1 United States port, unless such cargo is properly docu2 mented pursuant to this subsection.

3 ‘‘(2) For the purposes of this subsection, cargo shall

4 be considered properly documented if the shipper submits

5 to the vessel common carrier or its agent a complete set

6 of shipping documents no later than 24 hours after the

7 cargo is delivered to the marine terminal operator.

8 ‘‘(3) A complete set of shipping documents shall

9 include—

10 ‘‘(A) for shipments for which a shipper’s

11 export declaration is required a copy of the ex12 port declaration or, if the shipper files such dec13 larations electronically in the Automated Export

14 system, the complete bill of lading, and the

15 master or equivalent shipping instructions in16 cluding the shipper’s Automated Export System

17 instructions; or

18 ‘‘(B) for those shipments for which a ship19 per’s export declaration is not required, such

20 other documents or information as the Sec21 retary may by regulation prescribe.

22 ‘‘(4) The Secretary shall by regulation prescribe

23 the time, manner, and form by which shippers shall

24 transmit documents or information required under

25 this subsection to the Customs Service.
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1 ‘‘(c) LOADING UNDOCUMENTED CARGO PROHIB2 ITED.—

3 ‘‘(1) No marine terminal operator (as defined in

4 section 3(14) of the Shipping Act of 1984 (46

5 U.S.C. App. 1702(14))) may load, or cause to be

6 loaded, any cargo subject to this section on a vessel

7 unless instructed by the vessel common carrier oper8 ating the vessel that such cargo has been properly

9 documented in accordance with this section.

10 ‘‘(2) When cargo is booked by one vessel com11 mon carrier to be transported on the vessel of an12 other vessel common carrier, the booking carrier

13 shall notify the operator of the vessel that the cargo

14 has been properly documented in accordance with

15 this section. The operator of the vessel may rely on

16 such notification in releasing the cargo for loading

17 aboard the vessel.

18 ‘‘(d) REPORTING OF UNDOCUMENTED CARGO.—A

19 vessel common carrier shall notify the United States Cus20 toms Service of any cargo tendered to such carrier that

21 is not properly documented pursuant to this section and

22 that has remained in the marine terminal for more than

23 48 hours after being delivered to the marine terminal, and

24 the location of the cargo in the marine terminal. For vessel

25 common carriers that are members of vessel sharing
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1 agreements (or any other arrangement whereby a carrier

2 moves cargo on another carrier’s vessel), the vessel com3 mon carrier accepting the booking shall be responsible for

4 reporting undocumented cargo, without regard to whether

5 it operates the vessel on which the transportation is to

6 be made.

7 ‘‘(e) ASSESSMENT OF PENALTIES.—Whoever violates

8 subsection (b) of this section shall be liable to the United

9 States for civil penalties in a monetary amount up to the

10 value of the cargo, or the actual cost of the transportation,

11 whichever is greater.

12 ‘‘(f) SEIZURE OF UNDOCUMENTED CARGO.—

13 ‘‘(1) Any cargo that is not properly documented

14 pursuant to this section and has remained in the

15 marine terminal for more than 48 hours after being

16 delivered to the marine terminal operator shall be

17 subject to search, seizure, and forfeiture.

18 ‘‘(2) The shipper of any such cargo is liable to

19 the marine terminal operator and to the ocean car20 rier for demurrage and other applicable charges for

21 any undocumented cargo which has been notified to

22 or searched or seized by the Customs Service for the

23 entire period the cargo remains under the order and

24 direction of the Customs Service. The marine ter25 minal operator and the ocean carrier shall have a
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1 lien on the cargo for the amount of the demurrage

2 and other charges.

3 ‘‘(g) EFFECT ON OTHER PROVISIONS.—Nothing in

4 this section shall be construed, interpreted, or applied to

5 relieve or excuse any party from compliance with any obli6 gation or requirement arising under any other law, regula7 tion, or order with regard to the documentation or car8 riage of cargo.’’.

9 (c) PASSENGER INFORMATION.—Part II of title IV

10 of the Tariff Act of 1930, as amended by subsection (b),

11 is further amended by inserting after section 431A the fol12 lowing new section:

13 ‘‘SEC. 431B. PASSENGER AND CREW MANIFEST INFORMA14 TION REQUIRED FOR CARRIERS.

15 ‘‘(a) IN GENERAL.—For each person arriving or de16 parting on an air or land carrier or vessel required to

17 make entry or obtain clearance under the customs laws

18 of the United States, the pilot, master, operator, or owner

19 of such carrier (or the authorized agent of such owner or

20 operator) shall provide by electronic transmission manifest

21 information described in subsection (b) in advance of such

22 entry or clearance in such manner, time, and form as the

23 Secretary shall prescribe.

24 ‘‘(b) INFORMATION DESCRIBED.—The information

25 described in this subsection shall include for each person:
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1 ‘‘(1) Full name.

2 ‘‘(2) Date of birth and citizenship.

3 ‘‘(3) Gender.

4 ‘‘(4) Passport number and country of issuance.

5 ‘‘(5) United States visa number or resident

6 alien card number, as applicable.

7 ‘‘(6) Passenger name record.

8 ‘‘(7) Such additional information that the Sec9 retary, by regulation, determines is reasonably nec10 essary to ensure aviation and maritime safety pursu11 ant to the laws enforced or administered by the Cus12 toms Service.’’.

13 (d) DEFINITION.—Section 401 of the Tariff Act of

14 1930 is amended by adding at the end the following new

15 subsections:

16 ‘‘(t) LAND AIR AND VESSEL CARRIER.—The terms

17 ‘land carrier’, ‘air carrier’, and ‘vessel carrier’ mean a car18 rier that transports by land, air, or water, respectively,

19 goods or passengers for payment or other consideration,

20 including money or services rendered.

21 ‘‘(u) VESSEL COMMON CARRIER.—The term ‘vessel

22 common carrier’ has the meaning given the term ‘ocean

23 common carrier’ in section 3(16) of the Shipping Act of

24 1984 (46 U.S.C. App. 1702(16)) and the term ‘common
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1 carrier by water in interstate commerce’ as defined in sec2 tion 1 of the Shipping Act, 1916 (46 U.S.C. App. 801).’’.

3 (e) OTHER REQUIREMENTS FOR IMPROVED REPORT4 ING PROCEDURES.—In addition to the promulgation of

5 manifesting information, the United States Customs Serv6 ice shall improve reporting of goods arriving at United

7 States ports—

8 (1) by promulgating regulations to require, not9 withstanding sections 552 and 553 of the Tariff Act

10 of 1930 (19 U.S.C. 1552 and 1553), at such times

11 as Customs may require prior to the arrival of an

12 in-bond movement of goods at the initial port of un13 lading, that—

14 (A) information shall be filed electronically

15 identifying the consignor, consignee, country of

16 origin, and the Harmonized Tariff Schedule of

17 the United States 6-digit classification of the

18 goods; and

19 (B) such information shall be to the best

20 of the filer’s knowledge, and shall not be consid21 ered the entry for the goods under section 484

22 of that Act (19 U.S.C. 1484) or subject to sec23 tion 592 or 595a of that Act (19 U.S.C. 1592

24 or 1595a); and
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1 (2) by distributing the information reported

2 under the regulations promulgated under paragraph

3 (1) or section 431(b)(2), 431A, or 431B of the Tar4 iff Act of 1930 on a real-time basis to any Federal,

5 State, or local government agency that has a regu6 latory or law-enforcement interest in the goods.

7 (f) EFFECTIVE DATE.—The amendments made by

8 subsections (a) through (d) of this section shall take effect

9 45 days after the date of enactment of this Act.

10 (g) PILOT PROGRAM FOR PRECLEARING INBOUND

11 SHIPMENTS OF WATERBORNE CARGO.—

12 (1) IN GENERAL.—If the Commissioner of Cus13 toms determines that information from a pilot pro14 gram for inspecting, monitoring, tracking, and

15 preclearing inbound shipments of waterborne cargo

16 would improve the security and safety of ports, the

17 Commissioner may develop and implement such a

18 pilot program.

19 (2) PROGRAM CHARACTERISTICS.—

20 (A) IN GENERAL.—Any such pilot program

21 shall—

22 (i) take into account, and may be or23 ganized on the basis of, prearrival informa24 tion that commercial vessels entering the

25 territorial waters of the United States or
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1 destined for United States ports are re2 quired to transmit under section 431 of

3 the Tariff Act of 1930 (19 U.S.C. 1431)

4 and the Ports and Waterways Safety Act

5 (33 U.S.C. 1221 et seq.); and

6 (ii) be designed to meet the require7 ments of United States customs laws and

8 other laws regulating the importation of

9 goods into the United States and to accom10 modate mechanisms for the collection of

11 applicable duties upon entry or removal

12 from warehouse of such goods.

13 (B) CUSTOMS CLEARANCE WAIVER.—The

14 Commissioner may grant a waiver of any

15 United States Customs Service post-arrival

16 clearance requirement for goods inspected, mon17 itored for security and integrity in transit,

18 tracked, and precleared under any such pilot

19 program.

20 (3) CONSULTATION WITH OTHER INTERESTED

21 AGENCIES.—In developing and implementing a pilot

22 program under paragraph (1) the Commissioner of

23 Customs shall consult with representatives of other

24 Federal agencies with responsibilities related to the

25 entry of commercial goods into the United States to
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1 ensure that those agencies’ missions are not com2 promised by the preclearance.

3 (4) PILOT PROGRAM TO BE TESTED AT MUL4 TIPLE PORTS.—Any such pilot program developed

5 and implemented by the Commissioner may be con6 ducted at several different ports in a manner that

7 permits analysis and evaluation of different tech8 nologies and takes into account different kinds of

9 goods and ports with different harbor, infrastruc10 ture, climatic, geographical, and other characteris11 tics.

12 (5) REPORT TO THE CONGRESS.—Within a year

13 after a pilot program is implemented under para14 graph (1), the Commissioner of Customs shall trans15 mit a report to the Senate Committee on Commerce,

16 Science, and Transportation and the House of Rep17 resentatives Committee on Transportation and In18 frastructure that—

19 (A) evaluates the pilot program and its

20 components;

21 (B) states the Commissioner’s view as to

22 whether any procedure, system, or technology

23 evaluated as part of the program offers a high24 er level of security than requiring imported
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1 goods to clear customs under existing proce2 dures;

3 (C) states the Commissioner’s view as to

4 the integrity of the procedures, technology, or

5 systems evaluated as part of the pilot program;

6 (D) makes a recommendation with respect

7 to whether the pilot program, or any procedure,

8 system, or technology should be incorporated in

9 a nationwide system for preclearance of imports

10 of waterborne goods;

11 (E) describes the impact of the pilot pro12 gram on staffing levels at the Customs Service

13 and the potential effect full implementation of

14 the program on a nationwide basis would have

15 on Customs Service staffing level; and

16 (F) states the Commissioner’s views as to

17 whether there is a method by which the United

18 States could validate foreign ports so that cargo

19 from those ports is preapproved for United

20 States Custom Service purposes on arrival at

21 United States ports.

22 SEC. 116. PREARRIVAL MESSAGES FROM VESSELS DES23 TINED TO UNITED STATES PORTS.

24 The Ports and Waterways Safety Act (33 U.S.C.

25 1221 et seq.) is amended—
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1 (1) by striking ‘‘environment’’ in section 2(a)

2 (33 U.S.C. 1221(a)) and inserting ‘‘environment,

3 and the safety and security of United States ports

4 and waterways,’’;

5 (2) by striking paragraph (5) of section 4(a)

6 (33 U.S.C. 1223(a)) and inserting the following:

7 ‘‘(5) require—

8 ‘‘(A) the receipt of pre-arrival messages

9 from any vessel destined for a port or place

10 subject to the jurisdiction of the United States;

11 ‘‘(B) the message to include any informa12 tion the Secretary determines to be necessary

13 for the control of the vessel and the safety and

14 security of the port, waterways, facilities, ves15 sels, and marine environment; and

16 ‘‘(C) the message to be transmitted in elec17 tronic form, or otherwise as determined by the

18 Secretary, in sufficient time to permit review

19 before the vessel’s entry into port, and deny

20 port entry to any vessel that fails to comply

21 with the requirements of this paragraph.’’;

22 (3) by striking ‘‘environment’’ in section 5(a)

23 (33 U.S.C. 1224(a)) and inserting ‘‘environment,

24 and the safety and security of United States ports

25 and waterways,’’; and
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1 (4) by adding at the end of section 5 (33

2 U.S.C. 1224) the following:

3 ‘‘Nothing in this section interferes with the Secretary’s au4 thority to require information under section 4(a)(5) before

5 a vessel’s arrival in a port or place subject to the jurisdic6 tion of the United States.’’.

7 SEC. 117. MARITIME SAFETY AND SECURITY TEAMS.

8 (a) IN GENERAL.—To enhance the domestic mari9 time security capability of the United States, the Sec10 retary shall establish such maritime safety and security

11 teams as are needed to safeguard the public and protect

12 vessels, harbors, ports, waterfront facilities, and cargo in

13 waters subject to the jurisdiction of the United States

14 from destruction, loss or injury from crime, or sabotage

15 due to terrorist activity, and to respond to such activity

16 in accordance with security plans developed under section

17 7 of the Ports and Waterways Safety Act (33 U.S.C.

18 2116).

19 (b) MISSION.—Each maritime safety and security

20 team shall be trained, equipped and capable of being em21 ployed to—

22 (1) deter, protect against, and rapidly respond

23 to threats of maritime terrorism;

24 (2) enforce moving or fixed safety or security

25 zones established pursuant to law;
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1 (3) conduct high speed intercepts;

2 (4) board, search, and seize any article or thing

3 on a vessel or waterfront facility found to present a

4 risk to the vessel, facility or port;

5 (5) rapidly deploy to supplement United States

6 armed forces domestically or overseas;

7 (6) respond to criminal or terrorist acts within

8 the port so as to minimize, insofar as possible, the

9 disruption caused by such acts;

10 (7) assist with port vulnerability assessments

11 required under this Act; and

12 (8) carry out other such missions as are as13 signed to it in support of the goals of this Act.

14 (c) COORDINATION WITH OTHER AGENCIES.—To the

15 maximum extent feasible, each maritime safety and secu16 rity team shall coordinate its activities with other Federal,

17 State, and local law enforcement and emergency response

18 agencies.

19 SEC. 118. RESEARCH AND DEVELOPMENT FOR CRIME AND

20 TERRORISM PREVENTION AND DETECTION

21 TECHNOLOGY.

22 (a) GRANT PROGRAM.—

23 (1) IN GENERAL.—The Secretary, in consulta24 tion with the Advisory Committee, shall establish a

25 grant program to fund eligible projects for the devel-
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1 opment, testing, and transfer of technology to en2 hance security at United States ports with respect to

3 security risks, including—

4 (A) explosives or firearms;

5 (B) weapons of mass destruction;

6 (C) chemical and biological weapons;

7 (D) drug and illegal alien smuggling;

8 (E) trade fraud; and

9 (F) other criminal activity.

10 (2) MATCHING FUNDS REQUIRED.—The max11 imum amount of any grant of funds made available

12 under the program to a participant other than a de13 partment or agency of the United States for a tech14 nology development project may not exceed 75 per15 cent of costs of that project.

16 (b) ELIGIBLE PROJECTS.—A project is eligible for a

17 grant under subsection (a) if it is for the construction,

18 acquisition, testing, or deployment of surveillance equip19 ment and technology capable of preventing or detecting

20 terrorist or other criminal activity as determined by the

21 Secretary.

22 (c) ANNUAL ACCOUNTING; DISSEMINATION OF IN23 FORMATION.—The Secretary shall submit an annual sum24 mary of grants under subsection (a), together with a gen25 eral description of the tests and any technology transfers
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1 under the program, to the Senate Committee on Com2 merce, Science, and Transportation and the House of Rep3 resentatives Committee on Transportation and Infrastruc4 ture.

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to the Secretary

7 $15,000,000 for each of fiscal years 2002 through 2006,

8 such sums to remain available until expended.

9 SEC. 119. EXTENSION OF SEAWARD JURISDICTION.

10 (a) DEFINITION OF TERRITORIAL WATERS.—Section

11 1 of title XIII of the Act of June 15, 1917 (50 U.S.C.

12 195) is amended—

13 (1) by striking ‘‘The term ‘United States’ as

14 used in this Act includes’’ and inserting the fol15 lowing:

16 ‘‘In this Act:

17 ‘‘(a) UNITED STATES.—The term ‘United

18 States’ includes’’; and

19 (2) by adding at the end the following:

20 ‘‘(b) TERRITORIAL WATERS.—The term ‘‘territorial

21 waters of the United States’’ includes all waters of the

22 territorial sea of the United States as described in Presi23 dential Proclamation 5928 of December 27, 1988.’’.
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1 (b) CIVIL PENALTY FOR VIOLATION OF ACT OF

2 JUNE 15, 1917.—Section 2 of title II of the Act of June

3 15, 1917 (50 U.S.C. 192), is amended—

4 (1) by striking ‘‘IMPRISONMENT’’ in the section

5 heading and inserting ‘‘IMPRISONMENT; CIVIL PEN6 ALTIES’’;

7 (2) by inserting ‘‘(a) IN GENERAL.—’’ before

8 ‘‘If’’ in the first undesignated paragraph;

9 (3) by striking ‘‘(a) If any other’’ and inserting

10 ‘‘(b) APPLICATION TO OTHERS.—If any other’’; and

11 (4) by adding at the end the following:

12 ‘‘(c) CIVIL PENALTY.—

13 ‘‘(1) IMPOSITION.—A person who is found,

14 after notice and an opportunity for a hearing, to

15 have violated any rule, regulation or order issued

16 under this Act, or found to have knowingly ob17 structed or interfered with the exercise of any power

18 conferred by this Act, shall be liable to the United

19 States for a civil penalty, not to exceed $25,000 for

20 each violation. Each day of a continuing violation

21 shall constitute a separate violation. The amount of

22 such civil penalty shall be assessed by the Secretary,

23 or the Secretary’s designee, by written notice. In de24 termining the amount of such penalty, the Secretary

25 shall take into account the nature, circumstances,
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1 extent and gravity of the prohibited acts committed

2 and, with respect to the violator, the degree of culpa3 bility, any history of prior offenses, ability to pay,

4 and such other matters as justice may require.

5 ‘‘(2) COMPROMISE, ETC.—The Secretary may com6 promise, modify, or remit, with or without conditions, any

7 civil penalty which is subject to imposition or which has

8 been imposed under this subsection.

9 ‘‘(3) COLLECTION.—If a person fails to pay an as10 sessment of a civil penalty after it has become final, the

11 Secretary may refer the matter to the Attorney General

12 of the United States, for collection in any appropriate dis13 trict court of the United States.’’.

14 SEC. 120. SUSPENSION OF LIMITATION ON STRENGTH OF

15 COAST GUARD.

16 (a) PERSONNEL END STRENGTHS.—Section 661(a)

17 of title 14, United States Code, is amended by adding at

18 the end the following: ‘‘If at the end of any fiscal year

19 there is in effect a declaration of war or national emer20 gency, the President may defer the effectiveness of any

21 end-strength and grade distribution limitation with re22 spect to that fiscal year prescribed by law for any military

23 or civilian component of the Coast Guard, for a period

24 not to exceed 6 months after the end of the war or termi25 nation of the national emergency.’’.
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1 (b) OFFICERS IN COAST GUARD RESERVE.—Section

2 724 of title 14, United States Code, is amended by adding

3 at the end thereof the following:

4 ‘‘(c) DEFERRAL OF LIMITATION.—If at the end of

5 any fiscal year there is in effect a declaration of war or

6 national emergency, the President may defer the effective7 ness of any end-strength and grade distribution limitation

8 with respect to that fiscal year prescribed by law for any

9 military or civilian component of the Coast Guard Reserve,

10 for a period not to exceed 6 months after the end of the

11 war or termination of the national emergency.’’.

12 SEC. 121. ADDITIONAL REPORTS.

13 (a) ADDITIONAL SECURITY NEEDS.—Within 1 year

14 after the date of enactment of this Act, the Secretary shall

15 transmit a report to the Senate Committee on Commerce,

16 Science, and Transportation and the House of Represent17 atives Committee on Transportation and Infrastructure on

18 the need for any additional security requirements or meas19 ures under this title in order to provide for national secu20 rity and protect the flow of commerce.

21 (b) ANNUAL STATUS REPORT TO CONGRESS.—

22 (1) IN GENERAL.—Notwithstanding section 7(c)

23 of the Ports and Waterways Safety Act (33 U.S.C.

24 1226(c)), the Secretary shall report annually to the

25 Senate Committee on Commerce, Science, and
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1 Transportation and the House of Representatives

2 Committee on Transportation and Infrastructure on

3 the status of port security in a form that does not

4 compromise, or present a threat to the disclosure of

5 security-sensitive information about, the port secu6 rity vulnerability assessments conducted under this

7 Act. The report may include recommendations for

8 further improvements in port security measures and

9 for any additional enforcement measures necessary

10 to ensure compliance with the port security plan re11 quirements of this title.

12 (2) SPECIFIC PORT EVALUATION.—The Sec13 retary shall select a port for the purpose of evalu14 ating security plans and enhancements and, in the

15 first annual report under this subsection, the Sec16 retary shall report on the progress and enhance17 ments of security plans at that port and on how this

18 Act has improved security at that port. The Sec19 retary shall provide annual updates for that port in

20 subsequent annual reports.

21 (c) ANNUAL REPORT ON MARITIME SECURITY AND

22 TERRORISM.—Section 905 of the International Maritime

23 and Port Security Act (46 U.S.C. App. 1802) is amended

24 by adding at the end thereof the following: ‘‘Beginning

25 with the first report submitted under this section after the
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1 date of enactment of the Port and Maritime Security Act

2 of 2001, the Secretary shall include a description of activi3 ties undertaken under title I of that Act and an analysis

4 of the effect of those activities on port security against

5 acts of terrorism.’’.

6 (d) ANNUAL REPORT OF EXPENDITURE OF FUNDS

7 FOR TRAINING OF MARITIME SECURITY PROFES8 SIONALS.—The Secretary shall transmit an annual report

9 to the Senate Committee on Commerce, Science, and

10 Transportation and the House of Representatives Com11 mittee on Transportation and Infrastructure on the ex12 penditure of appropriated funds and the development of

13 training and certification programs under section 111 of

14 this title.

15 (e) ACCOUNTING.—The Commissioner of Customs

16 shall submit a report for each of fiscal years 2002 through

17 2006 to the Senate Committee on Commerce, Science, and

18 Transportation and the House of Representatives Com19 mittee on Transportation and Infrastructure on the ex20 penditure of funds appropriated pursuant to section 113

21 of this title.

22 (f) REPORT ON TRAINING CENTER.—The Com23 mandant of the United States Coast Guard, in conjunction

24 with the Secretary of the Navy, shall submit to Congress

25 a report, at the time they submit their fiscal year 2004
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1 budget, on the life cycle costs and benefits of creating a

2 Center for Coastal and Maritime Security. The purpose

3 of the Center would be to provide an integrated training

4 complex to prevent and mitigate terrorist threats against

5 coastal and maritime assets of the United States, includ6 ing ports, harbors, ships, dams, reservoirs, and transport

7 nodes.

8 SEC. 122. 4-YEAR REAUTHORIZATION OF TONNAGE DUTIES.

9 (a) IN GENERAL.—

10 (1) EXTENSION OF DUTIES.—Section 36 of the

11 Act of August 5, 1909 (36 Stat. 111; 46 U.S.C.

12 App. 121), is amended by striking ‘‘through 2002,’’

13 each place it appears and inserting ‘‘through 2006,’’.

14 (2) CONFORMING AMENDMENT.—The Act enti15 tled ‘‘An Act concerning tonnage duties on vessels

16 entering otherwise than by sea’’, approved March 8,

17 1910 (36 Stat 234; 46 U.S.C. App. 132), is amend18 ed by striking ‘‘through 2002,’’ and inserting

19 ‘‘through 2006,’’.

20 (b) AVAILABILITY OF FUNDS.—Amounts deposited in

21 the general fund of the Treasury as receipts of tonnage

22 charges collected as a result of the amendments made by

23 subsection (a) shall be made available, only to the extent

24 provided in advance in appropriations Act, in each of fiscal

25 years 2003 through 2006 to carry out this title, as pro-
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1 vided in sections 102(b), 103(b), 104(b), 110(f), 111(c),

2 112(a) and 114(b) of this title.

3 (c) RECEIPTS CREDITED AS OFFSETTING COLLEC4 TIONS.—Notwithstanding section 3302 of title 31, United

5 States Code, duties collected under section 36 of the Act

6 of August 5, 1909 (36 Stat. 111; 46 U.S.C. App. 121)

7 as amended by subsection (a)(1) of this section—

8 (1) shall be credited as offsetting collections to

9 the account that finances the activities and services

10 authorized by sections 110, 112, and 114 of this

11 Act, section 7(d), (e), and (f) of the Ports and Wa12 terways Safety Act (33 U.S.C. 2116(d), (e), and (f))

13 (as added by sections 102, 103, and 104 of this

14 Act), and sections 1401 and 1402 of the Merchant

15 Marine Act, 1936 (as added by section 111 of this

16 Act);

17 (2) shall be available for expenditure only to

18 pay the costs of such activities and services; and

19 (3) shall remain available until expended.

20 (c) LIMITATION; DEPOSIT OF FEES.—No amounts

21 may be collected under section 36 of the Act of August

22 5, 1909 (36 Stat. 111; 46 U.S.C. App. 121) as amended

23 by subsection (a)(1) of this section, or credited as provided

24 by subsection (b), except to the extent provided in advance

25 in appropriations Acts. Such amounts shall be used in
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1 each of fiscal years 2003 through 2006 as provided in sec2 tions 102(b), 103(b), 104(b), 110(f), 111(c), 112(a) and

3 114(b) of this title.

4 SEC. 123. DEFINITIONS.

5 In this title:

6 (1) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap7 tain-of-the-Port’’ means the United States Coast

8 Guard’s Captain-of-the-Port.

9 (2) SECRETARY.—Except as otherwise provided,

10 the term ‘‘Secretary’’ means the Secretary of Trans11 portation.

12 (4) ADVISORY COMMITTEE.—The term ‘‘Advi13 sory Committee’’ means the National Maritime Se14 curity Advisory Committee established under section

15 7(d) of the Ports and Waterways Safety Act (33

16 U.S.C. 1226(d)).

17 (5) MARINE TERMINAL OPERATOR.—The term

18 ‘‘marine terminal operator’’ has the meaning given

19 that term in section 1702(14) of title 46, United

20 States Code.
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1 TITLE II—ADDITIONAL MARI2 TIME SAFETY AND SECURITY

3 RELATED MEASURES

4 SEC. 201. EXTENSION OF DEEPWATER PORT ACT TO NAT5 URAL GAS.

6 The following provisions of the Deepwater Port Act

7 of 1974 (33 U.S.C. 1501 et seq.) are each amended by

8 inserting ‘‘or natural gas’’ after ‘‘oil’’ each place it ap9 pears:

10 (1) Section 2(a) (33 U.S.C. 1501(a)).

11 (2) Section 3(9) (33 U.S.C. 1502(9)).

12 (3) Section 4(a) (33 U.S.C. 1503(a)).

13 (4) Section 5(c)(2)(G) and (H) (33 U.S.C.

14 1504(c)(2)(G) and (H)).

15 (5) Section 5(i)(2)(B) (33 U.S.C.

16 1504(i)(2)(B)).

17 (6) Section 5(i)(3)(C) (33 U.S.C. 1504

18 (i)(3)(C)).

19 (7) Section 8 (33 U.S.C. 1507).

20 (8) Section 21(a) (33 U.S.C. 1520(a)).

21 SEC. 202. ASSIGNMENT OF COAST GUARD PERSONNEL AS

22 SEA MARSHALS AND ENHANCED USE OF

23 OTHER SECURITY PERSONNEL.

24 (a) IN GENERAL.—Section 7(b) of the Ports and Wa25 terways Safety Act (33 U.S.C. 1226(b)) is amended—
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1 (1) by striking ‘‘and’’ after the semicolon in

2 paragraph (1);

3 (2) by striking ‘‘terrorism.’’ in paragraph (2)

4 and inserting ‘‘terrorism;’’ and

5 (3) by adding at the end the following:

6 ‘‘(3) dispatch properly trained and qualified

7 armed Coast Guard personnel aboard government,

8 private, and commercial structures and vessels to

9 deter, prevent, or respond to acts of terrorism or

10 otherwise provide for the safety and security of the

11 port, waterways, facilities, marine environment, and

12 personnel; and

13 ‘‘(4) require the owner and operator of a com14 mercial structure or the owner, operator, charterer,

15 master, or person in charge of a vessel to provide

16 the appropriate level of security as necessary, includ17 ing armed security.’’.

18 (b) REPORT ON USE OF NON-COAST GUARD PER19 SONNEL.—The Secretary of the department in which the

20 Coast Guard is operating shall evaluate and report to the

21 Congress on—

22 (1) the potential use of Federal, State, or local

23 government personnel, and documented United

24 States Merchant Marine personnel, to supplement

25 Coast Guard personnel under section 7(b)(3) of the
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1 Ports and Waterways Safety Act (33 U.S.C.

2 1226(b)(3));

3 (2) the possibility of using personnel other than

4 Coast Guard personnel to carry out Coast Guard

5 personnel functions under that section and whether

6 additional legal authority would be necessary to use

7 such personnel for such functions; and

8 (3) the possibility of utilizing the United States

9 Merchant Marine Academy or State maritime acad10 emies to provide training carrying out duties under

11 that section.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Secretary of the

14 department in which the Coast Guard is operating

15 $13,000,000 in each of the fiscal years 2002–2006 to

16 carry out section 7(b) of the Ports and Waterways Safety

17 Act (33 U.S.C. 1226(b)), all such funds to remain avail18 able until expended.

19 SEC. 203. NATIONAL MARITIME TRANSPORTATION SECU20 RITY PLAN.

21 Section 7 of the Ports and Waterways Safety Act (33

22 U.S.C. 1226), as amended by section 106 of this Act, is

23 amended by adding at the end the following:

24 ‘‘(i) NATIONAL MARITIME TRANSPORTATION SECU25 RITY PLAN.—
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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with appropriate Federal agencies, shall prepare

3 and publish a National Maritime Transportation Se4 curity Plan for prevention and response to maritime

5 crime and terrorism. The Secretary shall consult

6 with the National Maritime Security Advisory Com7 mittee in preparation of the National Maritime

8 Transportation Security Plan.

9 ‘‘(2) CONTENTS OF PLAN.—The Plan shall pro10 vide for efficient, coordinated, and effective action to

11 prevent and respond to acts of maritime crime or

12 terrorism, and shall include—

13 ‘‘(A) allocation of duties and responsibil14 ities among Federal departments and agencies

15 in coordination with State and local agencies

16 and port authorities;

17 ‘‘(B) identification, procurement, mainte18 nance, and storage of equipment and supplies;

19 ‘‘(C) procedures and techniques to be em20 ployed in preventing and responding to acts of

21 crime or terrorism;

22 ‘‘(D) establishment of procedures for effec23 tive liaison with State and local governments

24 and emergency responders including law en25 forcement and fire response;
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1 ‘‘(E) establishment of criteria and proce2 dures to ensure immediate and effective Federal

3 identification of, and response to, acts of mari4 time crime or terrorism, that result in a sub5 stantial threat to the welfare of the United

6 States;

7 ‘‘(F) designation of a Federal official to be

8 the Federal maritime security coordinator for

9 each area for which an area maritime security

10 plan is required to be prepared;

11 ‘‘(G) establishment of procedures for the

12 coordination of activities of—

13 ‘‘(i) Coast Guard maritime safety and

14 security teams established under this sec15 tion;

16 ‘‘(ii) Federal maritime security coordi17 nators;

18 ‘‘(iii) area maritime security commit19 tees;

20 ‘‘(iv) local port security committees;

21 and

22 ‘‘(v) the National Maritime Security

23 Advisory Committee.

24 ‘‘(3) REVISION AUTHORITY.—The Secretary

25 may, from time to time, as the Secretary deems ad-
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1 visable, revise or otherwise amend the National Mar2 itime Transportation Security Plan.

3 ‘‘(4) PLAN TO BE FOLLOWED.—After publica4 tion of the Plan, the planning and response to acts

5 of maritime crime and terrorism shall, to the great6 est extent possible, be in accordance with the Plan.

7 ‘‘(5) COPY TO THE CONGRESS.—The Secretary

8 shall furnish a copy of the Plan to the Senate Com9 mittee on Commerce, Science, and Transportation

10 and the House of Representatives Committee on

11 Transportation and Infrastructure.’’.

12 SEC. 204. AREA MARITIME SECURITY COMMITTEES AND

13 AREA MARITIME SECURITY PLANS.

14 Section 7 of the Ports and Waterways Safety Act (33

15 U.S.C. 1226), as amended by section 203, is further

16 amended by adding at the end the following:

17 ‘‘(j) AREA MARITIME SECURITY COMMITTEES AND

18 AREA MARITIME SECURITY PLANS.—

19 ‘‘(1) IN GENERAL.—There is established for

20 each area designated by the Secretary an area mari21 time security committee comprised of members ap22 pointed by the Secretary. The Secretary may des23 ignate any existing local port security committee as

24 an area maritime security committee for the pur25 poses of this subsection. The Federal Advisory Com-
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1 mittee Act (5 U.S.C. App.) does not apply to an

2 area maritime security committee.

3 ‘‘(2) FUNCTION.—Each area maritime security

4 committee, under the direction of the Federal mari5 time security coordinator for its area, shall—

6 ‘‘(A) prepare an area maritime security

7 plan for its area; and

8 ‘‘(B) work with State and local officials to

9 enhance the contingency planning of those offi10 cials and to assure pre-planning of joint re11 sponse efforts, including appropriate procedures

12 for prevention and response to acts of maritime

13 crime or terrorism.

14 ‘‘(3) AREA MARITIME SECURITY PLAN REQUIRE15 MENT.—Each area maritime security committee

16 shall prepare an area maritime security plan for its

17 area and submit it to the Secretary for approval.

18 The area maritime security plan shall—

19 ‘‘(A) when implemented in conjunction

20 with the national maritime transportation secu21 rity plan, be adequate to prevent or rapidly and

22 effectively respond to an act of maritime crime

23 or terrorism in or near the area;

24 ‘‘(B) describe the area covered by the plan,

25 including the areas of population or special eco-
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1 nomic, environmental or national security im2 portance that might be damaged by an act of

3 maritime crime or terrorism;

4 ‘‘(C) describe in detail how the plan is in5 tegrated with other area maritime security

6 plans, facility security plans, and vessel security

7 plans under this section;

8 ‘‘(D) include any other information the

9 Secretary requires; and

10 ‘‘(E) be updated periodically by the area

11 maritime security committee.

12 ‘‘(4) REVIEW BY SECRETARY.—The Secretary

13 shall—

14 ‘‘(A) review and approve area maritime se15 curity plans under this subsection; and

16 ‘‘(B) periodically review previously ap17 proved area maritime security plans.’’.

18 SEC. 205. VESSEL SECURITY PLANS.

19 (a) IN GENERAL.—Section 4(a) of the Ports and Wa20 terways Safety Act (33 U.S.C. 1223(a)) is amended—

21 (1) by striking ‘‘and’’ after the semicolon in

22 paragraph (4);

23 (2) by striking ‘‘environment.’’ in paragraph (5)

24 and inserting ‘‘environment; and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(6) may issue regulations establishing require2 ments for vessel security plans and programs for

3 vessels calling on United States ports.’’.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated to the Secretary of the

6 department in which the Coast Guard is operating

7 $2,000,000 for each of fiscal years 2002 through 2006

8 to carry out section 4(a)(6) of the Ports and Waterways

9 Safety Act (33 U.S.C. 1223(a)(6)), such sums to remain

10 available until expended.

11 SEC. 206. PROTECTION OF SECURITY-RELATED INFORMA12 TION.

13 Section 7(c) of the Ports and Waterways Safety Act

14 (33 U.S.C. 1226(c)) is amended to read as follows:

15 ‘‘(c) NONDISCLOSURE OF INFORMATION.—Notwith16 standing any other provision of law, information developed

17 under this section, and vessel security plan information

18 developed under section 4(a)(6) of this Act (33 USC

19 1223(a)(6)), is not required to be disclosed to the public.

20 This includes information related to security plans, proce21 dures, or programs for passenger vessels or passenger ter22 minals authorized under this Act, and any other informa23 tion, including maritime facility security plans, vessel se24 curity plans and port vulnerability assessments.’’.
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1 SEC. 207. ENHANCED CARGO IDENTIFICATION AND TRACK2 ING.

3 (a) TRACKING PROGRAM.—The Secretaries of the

4 Treasury and Transportation shall establish a joint task

5 force to work with ocean shippers and ocean carriers in

6 the development of performance standards for systems to

7 track data for shipments, containers, and contents—

8 (1) to improve the capacity of shippers and oth9 ers to limit cargo theft and tampering; and

10 (2) to track the movement of cargo, through

11 the Global Positioning System or other systems,

12 within the United States, particularly for in-bond

13 shipments.

14 (b) PERFORMANCE STANDARDS FOR ANTI-TAM15 PERING DEVICES.—The Secretaries of the Treasury and

16 Transportation shall work with the National Institutes of

17 Standards and Technology to develop enhanced perform18 ance standards for in-bond seals and locks for use on or

19 in containers used for water-borne cargo shipments.

20 SEC. 208. ENHANCED CREWMEMBER IDENTIFICATION.

21 The Secretary of Transportation, in consultation with

22 the Attorney General, may require crewmembers aboard

23 vessels calling on United States ports to carry and present
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1 upon demand such identification as the Secretary deter2 mines.

Passed the Senate December 20 (legislative day, December 18), 2001.

Attest:

Secretary.

107TH CONGRESS

1ST SESSION S. 1214

AN ACT

To amend the Merchant Marine Act, 1936, to establish a program to ensure greater security for

United States seaports, and for other purposes.