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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1214 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Port and Maritime 
Security Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--PORT AND MARITIME SECURITY

Sec. 101. Findings.
Sec. 102. National Maritime Security Advisory Committee.
Sec. 103. Initial security evaluations and port vulnerability 
                            assessments.
Sec. 104. Establishment of local port security committees.
Sec. 105. Maritime facility security plans.
Sec. 106. Employment investigations and restrictions for security-
                            sensitive positions.
Sec. 107. Maritime domain awareness.
Sec. 108. International port security.
Sec. 109. Counter-terrorism and incident contingency plans.
Sec. 110. Maritime security professional training.
Sec. 111. Port security infrastructure improvement.
Sec. 112. Screening and detection equipment.
Sec. 113. Revision of port security planning guide.
Sec. 114. Shared dockside inspection facilities.
Sec. 115. Mandatory advanced electronic information for cargo and 
                            passengers and other improved customs 
                            reporting procedures.
Sec. 116. Prearrival messages from vessels destined to United States 
                            ports.
Sec. 117. Maritime safety and security teams.
Sec. 118. Research and development for crime and terrorism prevention 
                            and detection technology.
Sec. 119. Extension of seaward jurisdiction.
Sec. 120. Suspension of limitation on strength of Coast Guard.
Sec. 121. Additional reports.
Sec. 122. 4-year reauthorization of tonnage duties.
Sec. 123 Definitions.
   TITLE II--ADDITIONAL MARITIME SAFETY AND SECURITY RELATED MEASURES

Sec. 201. Extension of Deepwater Port Act to natural gas.
Sec. 202. Assignment of Coast Guard personnel as sea marshals and 
                            enhanced use of other security personnel.
Sec. 203. National Maritime Transportation Security Plan.
Sec. 204. Area maritime security committees and area maritime security 
                            plans.
Sec. 205. Vessel security plans.
Sec. 206. Protection of security-related information.
Sec. 207. Enhanced cargo identification and tracking.
Sec. 208. Enhanced crewmember identification.

                  TITLE I--PORT AND MARITIME SECURITY

SEC. 101. FINDINGS.

    The Congress makes the following findings:
            (1) There are 361 public ports in the United States which 
        have a broad range of characteristics, and all of which are an 
        integral part of our Nation's commerce.
            (2) United States ports conduct over 95 percent of United 
        States overseas trade. Over the next 20 years, the total volume 
        of imported and exported goods at ports is expected to more 
        than double.
            (3) The variety of trade and commerce that are carried out 
        at ports has greatly expanded. Bulk cargo, containerized cargo, 
        passenger transport and tourism, intermodal transportation 
        systems, and complex domestic and international trade 
        relationships have significantly changed the nature, conduct, 
        and complexity of port commerce.
            (4) The United States is increasingly dependent on imported 
        energy for a substantial share of supply, and a disruption of 
        supply would seriously harm consumers and our economy.
            (5) The top 50 ports in the United States account for about 
        90 percent of all the cargo tonnage. Twenty-five United States 
        ports account for 98 percent of all container shipments. Cruise 
        ships visiting foreign destinations embark from 16 ports. 
        Ferries in the United States transport 113,000,000 passengers 
        and 32,000,000 vehicles per year.
            (6) In the larger ports, the activities can stretch along a 
        coast for many miles, including public roads within their 
        geographic boundaries. The facilities used to support arriving 
        and departing cargo are sometimes miles from the coast.
            (7) Ports often are a major locus of Federal crime, 
        including drug trafficking, cargo theft, and smuggling of 
        contraband and aliens. The criminal conspiracies often 
        associated with these crimes can pose threats to the people and 
        critical infrastructures of port cities. Ports that accept 
        international cargo have a higher risk of international crimes 
        like drug and alien smuggling and trade fraud.
            (8) Ports are often very open and exposed and, by the very 
        nature of their role in promoting the free flow of commerce, 
        are susceptible to large scale terrorism that could pose a 
        threat to coastal, Great Lake, or riverain populations. Port 
        terrorism could pose a significant threat to the ability of the 
        United States to pursue its national security objectives.
            (9) United States ports are international boundaries, 
        however, unlike United States airports and land borders, United 
        States ports receive no Federal funds for security 
        infrastructure.
            (10) Current inspection levels of containerized cargo are 
        insufficient to counter potential security risks. Technology is 
        currently not adequately deployed to allow for the nonintrusive 
        inspection of containerized cargo. Additional promising 
        technology is in the process of being developed that could 
        inspect cargo in a nonintrusive and efficient fashion.
            (11) The burgeoning cruise ship industry poses a special 
        risk from a security perspective.
            (12) Effective physical security and access control in 
        ports is fundamental to deterring and preventing potential 
        threats to port operations, and cargo shipments.
            (13) Securing entry points, open storage areas, and 
        warehouses throughout the port, controlling the movements of 
        trucks transporting cargo through the port, and examining or 
        inspecting containers, warehouses, and ships at berth or in the 
        harbor are all important requirements that should be 
        implemented.
            (14) Identification procedures for arriving workers are 
        important tools to deter and prevent port cargo crimes, 
        smuggling, and terrorist actions.
            (15) On April 27, 1999, the President established the 
        Interagency Commission on Crime and Security in United States 
        Ports to undertake a comprehensive study of the nature and 
        extent of the problem of crime in our ports, as well as the 
        ways in which governments at all levels are responding.
            (16) The Commission has issued findings that indicate the 
        following:
                    (A) Frequent crimes in ports include drug 
                smuggling, illegal car exports, fraud (including 
                Intellectual Property Rights and other trade 
                violations), and cargo theft.
                    (B) Data about crime in ports has been very 
                difficult to collect.
                    (C) Internal conspiracies are an issue at many 
                ports, and contribute to Federal crime.
                    (D) Intelligence and information sharing among law 
                enforcement agencies needs to be improved and 
                coordinated at many ports.
                    (E) Many ports do not have any idea about the 
                threats they face from crime, terrorism, and other 
                security-related activities because of a lack of 
                credible threat information.
                    (F) A lack of minimum physical, procedural, and 
                personnel security standards at ports and at terminals, 
                warehouses, trucking firms, and related facilities 
                leaves many ports and port users vulnerable to theft, 
                pilferage, and unauthorized access by criminals.
                    (G) Access to ports and operations within ports is 
                often uncontrolled.
                    (H) Coordination and cooperation between law 
                enforcement agencies in the field is often fragmented.
                    (I) Meetings between law enforcement personnel, 
                carriers, marine terminal operators, and port 
                authorities regarding security are not being held 
                routinely in the ports. These meetings could increase 
                coordination and cooperation at the local level.
                    (J) Security-related equipment such as small boats, 
                cameras, and vessel tracking devices is lacking at many 
                ports.
                    (K) Detection equipment such as large-scale x-ray 
                machines is lacking at many high-risk ports.
                    (L) A lack of timely, accurate, and complete 
                manifest (including in-bond) and trade (entry, 
                importer, etc.) data negatively impacts law 
                enforcement's ability to function effectively.
                    (M) Criminal organizations are exploiting weak 
                security in ports and related intermodal connections to 
                commit a wide range of cargo crimes. Levels of 
                containerized cargo volumes are forecasted to increase 
                significantly, which will create more opportunities for 
                crime while lowering the statistical risk of detection 
                and interdiction.
            (17) United States ports are international boundaries 
        that--
                    (A) are particularly vulnerable to threats of drug 
                smuggling, illegal alien smuggling, cargo theft, 
                illegal entry of cargo and contraband;
                    (B) may present weaknesses in the ability of the 
                United States to realize its national security 
                objectives; and
                    (C) may serve as a vector or target for terrorist 
                attacks aimed at the population of the United States.
            (18) It is in the best interests of the United States--
                    (A) to be mindful that United States ports are 
                international ports of entry and that the primary 
                obligation for the security of international ports of 
                entry lies with the Federal government;
                    (B) to be mindful of the need for the free flow of 
                interstate and foreign commerce and the need to ensure 
                the efficient movement of cargo in interstate and 
                foreign commerce and the need for increased 
                efficiencies to address trade gains;
                    (C) to increase United States port security by 
                establishing a better method of communication amongst 
                law enforcement officials responsible for port 
                boundary, security, and trade issues;
                    (D) to formulate requirements for physical port 
                security, recognizing the different character and 
                nature of United States ports, and to require the 
                establishment of security programs at ports;
                    (E) to provide financial incentives to help the 
                States and private sector to increase physical security 
                of United States ports;
                    (F) to invest in long-term technology to facilitate 
                the private sector development of technology that will 
                assist in the nonintrusive timely detection of crime or 
                potential crime;
                    (G) to harmonize data collection on port-related 
                and other cargo theft, in order to address areas of 
                potential threat to safety and security;
                    (H) to create shared inspection facilities to help 
                facilitate the timely and efficient inspection of 
                people and cargo in United States ports;
                    (I) to improve Customs reporting procedures to 
                enhance the potential detection of crime in advance of 
                arrival or departure of cargoes; and
                    (J) to promote private sector procedures that 
                provide for in-transit visibility and support law 
                enforcement efforts directed at managing the security 
                risks of cargo shipments.

SEC. 102. NATIONAL MARITIME SECURITY ADVISORY COMMITTEE.

    (a) In General.--Section 7 of the Ports and Waterways Safety Act 
(33 U.S.C. 1226) is amended by adding at the end the following:
    ``(d) National Maritime Security Advisory Committee.--
            ``(1) In general.--The Secretary shall establish a National 
        Maritime Security Advisory Committee, comprised of not more 
        than 21 members appointed by the Secretary. The Secretary may 
        require that a prospective member undergo a background check or 
        obtain an appropriate security clearance before appointment.
            ``(2) Organization.--The Secretary--
                    ``(A) shall designate a chairperson of the Advisory 
                Committee;
                    ``(B) shall approve a charter, including such 
                procedures and rules as the Secretary deems necessary 
                for the operation of the Advisory Committee;
                    ``(C) shall establish a law enforcement 
                subcommittee and, with the consent of the Secretary of 
                the Treasury and the Attorney General, respectively, 
                include as members of the subcommittee representatives 
                from the Customs Service and the Immigration and 
                Naturalization Service;
                    ``(D) may establish other subcommittees to 
                facilitate consideration of specific issues, including 
                maritime and port security, border protection, and 
                maritime domain awareness issues, the potential effects 
                on national energy security, the United States economy, 
                and the environment of disruptions of crude oil, 
                refined petroleum products, liquified natural gas, and 
                other energy sources; and
                    ``(E) may invite the participation of other Federal 
                agencies and of State and local government agencies of 
                State, including law enforcement agencies, with an 
                interest or expertise in anti-terrorism or maritime and 
                port security and safety related issues.
            ``(3) Material and mission support.--In carrying out this 
        subsection, the Secretary may accept contributions of funds, 
        material, services, and the use of personnel and facilities 
        from public or private entities, by contract or other 
        arrangement, if the confidentiality of security-sensitive 
        information is maintained and access to such information is 
        limited appropriately. The Secretary shall deposit any funds 
        accepted under this paragraph as miscellaneous receipts in the 
        general fund of the Treasury.
            ``(4) Functions.--The Advisory Committee shall--
                    ``(A) advise, consult with, report to, and make 
                recommendations to the Secretary on ways to enhance the 
                security and safety of United States ports; and
                    ``(B) provide advice and recommendations to the 
                Secretary on matters related to maritime and port 
                security and safety, including--
                            ``(i) longterm solutions for maritime and 
                        port security issues;
                            ``(ii) coordination of security and safety 
                        operations and information between and among 
                        Federal, State, and local governments and area 
                        and local port security committees and harbor 
                        safety committees;
                            ``(iii) conditions for maritime security 
                        and safety loan guarantees and grants;
                            ``(iv) development of a National Maritime 
                        Transportation Security Plan;
                            ``(v) development and implementation of 
                        area and local maritime security plans;
                            ``(vi) protection of port energy 
                        transportation facilities; and
                            ``(vii) helping to ensure that the public 
                        and area and local port security committees are 
                        kept informed about maritime security 
                        enhancement developments.
            ``(5) Termination.--The Advisory Committee shall terminate 
        on September 30, 2005.''.
    (b) Funding for FYs 2003-2005.--Of the amounts made available under 
section 122(b) there may be made available to the Secretary of 
Transportation for activities of the National Maritime Security 
Advisory Committee established under section 7(d) of the Ports and 
Waterways Safety Act (33 U.S.C. 1226(d)) $1,000,000 for each of fiscal 
years 2003 through 2005, such sums to remain available until expended.
    (c) Authorization of Appropriations for FY 2002.--There are 
authorized to be appropriated to the Secretary of Transportation 
$1,000,000 for fiscal year 2002 for activities of the Advisory 
Committee, such sums to remain available until expended.

SEC. 103. INITIAL SECURITY EVALUATIONS AND PORT VULNERABILITY 
              ASSESSMENTS.

    (a) In General.--Section 7 of the Ports and Waterways Safety Act 
(33 U.S.C. 1226), as amended by section 102, is further amended by 
adding at the end the following:
    ``(e) Initial Security Evaluations and Port Vulnerability 
Assessments.--
            ``(1) Development of standards.--The Secretary, in 
        consultation with appropriate public and private sector 
        officials and organizations, shall develop standards and 
        procedures for conducting initial security evaluations and port 
        vulnerability assessments.
            ``(2) Initial security evaluations.--The Secretary shall 
        conduct an initial security evaluation of all port authorities, 
        waterfront facilities, and public or commercial structures 
        located within or adjacent to the marine environment. The 
        Secretary shall consult the local port security committee while 
        developing the initial security evaluation, and may require 
        each port authority, waterfront facility operator, or operator 
        of a public or commercial structure located within or adjacent 
        to the marine environment to submit security information for 
        review by the local port security committee.
            ``(3) Port vulnerability assessments.--The Secretary shall 
        review initial security evaluations and conduct a port 
        vulnerability assessment for each port for which the Secretary 
        determines such an assessment is appropriate. If a port 
        vulnerability assessment has been conducted within 5 years by 
        or on behalf of a port authority or marine terminal operator, 
        and the Secretary determines that it was conducted in a manner 
        that is generally consistent with the standards and procedures 
        specified under this subsection, the Secretary may accept that 
        assessment rather than conducting another port vulnerability 
        assessment for that port.
            ``(4) Review and comment opportunity.--The Secretary shall 
        make each initial security evaluation and port vulnerability 
        assessment for a port available for review and comment by the 
        local port security committee, officials of the port authority, 
        marine terminal operator representatives, and representatives 
        of other entities connected to or affiliated with maritime 
        commerce or port security as the Secretary determines to be 
        appropriate, based on the recommendations of the local port 
        security committee.
            ``(5) Unauthorized disclosure.--The Secretary shall ensure 
        that all initial security evaluations, port vulnerability 
        assessments, and any associated materials are properly 
        safeguarded from unauthorized disclosure.
            ``(6) Material and mission support.--In carrying out 
        responsibilities under this Act, the Secretary may accept 
        contributions of funds, material, services, and the use of 
        personnel and facilities from public and private entities by 
        contract or other arrangement if the confidentiality of 
        security-sensitive information is maintained and access to such 
        information is limited appropriately. The Secretary shall 
        deposit any funds accepted under this section as miscellaneous 
        receipts in the general fund of the Treasury.''.
    (b) Funding.--Of the amounts made available under section 122(b) 
there may be made available to the Secretary $10,000,000 for each of 
fiscal years 2003 through 2006 to carry out section 7(e) of the Ports 
and Waterways Safety Act (33 U.S.C. 1226(e)), such sums to remain 
available until expended.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $20,000,000 for fiscal year 2002 to carry 
out section 7(e) of the Ports and Waterways Safety Act (33 U.S.C. 
1226(e)), such sums to remain available until expended.

SEC. 104. ESTABLISHMENT OF LOCAL PORT SECURITY COMMITTEES.

    (a) In General.--Section 7 of the Ports and Waterways Safety Act 
(33 U.S.C. 1226), as amended by section 103, is further amended by 
adding at the end the following:
    ``(f) Local Port Security Committees.--
            ``(1) Establishment.--The Secretary shall establish local 
        port security committees.
            ``(2) Functions.--A local port security committees 
        established under this subsection shall--
                    ``(A) help coordinate planning and other port 
                security activities;
                    ``(B) help make use of, and disseminate the 
                information made available under this section;
                    ``(C) make recommendations concerning initial 
                security evaluations and port vulnerability assessments 
                by identifying the unique characteristics of each port;
                    ``(D) assist in the review of port vulnerability 
                assessments promulgated under this section;
                    ``(E) assist in implementing the guidance 
                promulgated under this section;
                    ``(F) annually review maritime security plans for 
                each local port authority, waterfront facility 
                operator, or operator of a public or commercial 
                structure located within or adjacent to the marine 
                environment; and
                    ``(G) assist the Captain-of-the-Port in conducting 
                a field security exercise at least once every 3 years 
                to verify the effectiveness of one or more maritime 
                security plans for a local port authority, waterfront 
                facility operator, or operator of a public or 
                commercial structure located within or adjacent to the 
                marine environment.
            ``(3) Use of existing committees.--In establishing these 
        local port security committees, the Secretary may use or 
        augment any existing port or harbor safety committee or port 
        readiness committee, if the membership of the port security 
        committee includes representatives of--
                    ``(A) the port authority or authorities;
                    ``(B) Federal, State and local government;
                    ``(C) Federal, State, and local law enforcement 
                agencies;
                    ``(D) longshore labor organizations or 
                transportation workers;
                    ``(E) local port-related business officials or 
                management organizations;
                    ``(F) shipping companies, vessel owners, terminal 
                owners and operators, truck, rail and pipeline 
                operators, where such are in operation; and
                    ``(G) other persons or organizations whose 
                inclusion is deemed beneficial by the Captain of the 
                Port or the Secretary.
            ``(4) Chair.--Each local port security committee shall be 
        chaired by the Captain-of-the-Port.
            ``(5) Jurisdiction.--Each port may have a separate port 
        security committee or, at the discretion of the Captain-of-the-
        Port, a Captain-of-the-Port zone may have a single port 
        security committee covering all ports within that zone.
            ``(6) Quarterly meetings.--The port security committee 
        shall meet at least 4 times each year at the call of the 
        Chairperson.
            ``(7) FACA not applicable.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) does not apply to a port security committee 
        established under this subsection.
            ``(8) Material and mission support.--In carrying out 
        responsibilities under this Act, the Secretary may accept 
        contributions of funds, material, services, and the use of 
        personnel and facilities from public and private entities by 
        contract or other arrangement if the confidentiality of 
        security-sensitive information is maintained and access to such 
        information is limited appropriately. The Secretary shall 
        deposit any funds accepted under this section as miscellaneous 
        receipts in the general fund of the United States Treasury.''.
    (b) Funding.--Of the amounts made available under section 122(b) 
there may be made available to the Secretary $3,000,000 for each of 
fiscal years 2003 through 2006 to carry out section 7(f) of the Ports 
and Waterways Safety Act (33 U.S.C. 1226(f)), such sums to remain 
available until expended.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $5,000,000 for each of fiscal years 2002 
and 2003 to carry out section 7(f) of the Ports and Waterways Safety 
Act (33 U.S.C. 1226(f)), such sums to remain available until expended.

SEC. 105. MARITIME FACILITY SECURITY PLANS.

    Section 7 of the Ports and Waterways Safety Act, (33 U.S.C. 1226), 
as amended by section 104, is further amended by adding at the end the 
following:
    ``(g) Maritime Facility Security Plans.--
            ``(1) Regulations to establish requirement.--The Secretary, 
        after consultation with the Secretary of the Treasury and the 
        Attorney General, shall issue regulations establishing 
        requirements for submission of a maritime facility security 
        plan, as the Secretary determines necessary, by each port 
        authority, waterfront facility operator, or operator of a 
        public or commercial structure located within or adjacent to 
        the marine environment (as defined in section 2101(15) of title 
        46, United States Code). The Secretary shall ensure that the 
        local port security committee is consulted in the development 
        of a maritime facility security plan under those regulations.
            ``(2) Purpose; specificity; content.--
                    ``(A) Purpose.--A maritime facility security plan 
                shall provide a law enforcement program and capability 
                at the port that is adequate to safeguard the public 
                and to improve the response to threats of crime and 
                terrorism.
                    ``(B) Specificity.--Notwithstanding other 
                provisions of this Act, the Secretary may impose 
                specific, or different requirements on individual 
                ports, port authorities, marine terminal operators or 
                other entities required to submit a maritime facility 
                security plan under regulations promulgated under this 
                subsection.
                    ``(C) Content.--A maritime facility security plan 
                shall include--
                            ``(i) provisions for establishing and 
                        maintaining physical security for port areas 
                        and approaches, including establishing, as 
                        necessary, controlled access areas and secure 
                        perimeters within waterfront facilities and 
                        other public or commercial structures located 
                        within or adjacent to the marine environment;
                            ``(ii) provisions for establishing and 
                        maintaining procedural security for processing 
                        passengers, cargo, and crewmembers, and 
                        security for employees and service providers;
                            ``(iii) a credentialing requirement to 
                        limit access to waterfront facilities and other 
                        public or commercial structures located within 
                        or adjacent to the marine environment, designed 
                        to ensure that only authorized individuals and 
                        service providers gain admittance;
                            ``(iv) a credentialing requirement to limit 
                        access to controlled areas and security-
                        sensitive information;
                            ``(v) provisions for restricting vehicular 
                        access, as necessary, to designated port areas 
                        or facilities;
                            ``(vi) provisions for restricting the 
                        introduction of firearms and other dangerous 
                        weapons, as necessary, to designated port areas 
                        or facilities;
                            ``(vii) provisions for the use of 
                        appropriately qualified private security 
                        officers or qualified State, local, or private 
                        law enforcement personnel;
                            ``(viii) procedures for evacuation of 
                        people from port areas in the event of a 
                        terrorist attack or other emergency;
                            ``(ix) a process for assessment and 
                        evaluation of the safety and security of port 
                        areas before port operations are resumed after 
                        a terrorist attack or other emergency; and
                            ``(x) any other information the Secretary 
                        requires.
            ``(3) Incorporation of existing security plans.--The 
        Secretary may approve a maritime facility security plan, or an 
        amendment to an existing program or plan, that incorporates--
                    ``(A) a security program of a marine terminal 
                operator tenant with access to a secured area of the 
                port, under such conditions as the Secretary deems 
                appropriate; or
                    ``(B) a maritime facility security plan of a port 
                authority that incorporates a State or local security 
                program, policy, or law.
            ``(4) Approval process.--
                    ``(A) In general.--The Secretary shall review and 
                approve or disapprove each maritime facility security 
                plan submitted under regulations promulgated under this 
                subsection.
                    ``(B) Resubmission of disapproved plans.--If the 
                Secretary disapproves a maritime facility security 
                plan--
                            ``(i) the Secretary shall notify the plan 
                        submitter in writing of the reasons for the 
                        disapproval; and
                            ``(ii) the submitter shall submit a revised 
                        maritime facility security plan within 180 days 
                        after receiving the notification of 
                        disapproval.
            ``(5) Periodic review and resubmission.--Whenever 
        appropriate, but no less frequently than once every 5 years, 
        each port authority, marine terminal operator or other entity 
        required to submit a maritime facility security plan under 
        regulations promulgated under this subsection shall review its 
        plan, make necessary or appropriate revisions, and submit the 
        results of its review and revised plan to the Secretary.
            ``(6) Interim security measures.--The Secretary shall 
        require each port authority, waterfront facility operator, or 
        operator of a public or commercial structure located within or 
        adjacent to the marine environment, to implement any necessary 
        security measures, including the establishment of a secure 
        perimeter and positive access controls, until the maritime 
        facility security plan for that port authority, waterfront 
        facility operator, or operator of a public or commercial 
        structure located within or adjacent to the marine environment 
        is approved.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $3,500,000 for each of fiscal years 2002 
through 2006 to carry out section 7(g) of the Ports and Waterways 
Safety Act (33 U.S.C. 1226(g)), such sums to remain available until 
expended.

SEC. 106. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS FOR SECURITY-
              SENSITIVE POSITIONS.

    Section 7 of the Ports and Waterways Safety Act, (33 U.S.C. 1226), 
as amended by section 105, is further amended by adding at the end the 
following:
    ``(h) Designation Of Controlled Access Areas; Protection Of 
Security-Sensitive Information; Employment Investigations And Criminal 
History Record Checks.--
            ``(1) Access areas; restricted information regulations.--
        The Secretary, after consultation with the Secretary of the 
        Treasury and the Attorney General, shall prescribe regulations 
        to--
                    ``(A) require, as necessary, the designation of 
                controlled access areas in the maritime facility 
                security plan for each waterfront facility and other 
                public or commercial structure located within or 
                adjacent to the marine environment; and
                    ``(B) limit access to security-sensitive 
                information, such as passenger and cargo manifests.
            ``(2) Screening; background checks.--In prescribing access 
        limitations under this section, the Secretary may--
                    ``(A) require that persons entering or exiting 
                secure, restricted, or controlled access areas undergo 
                physical screening;
                    ``(B) require appropriate escorts for persons 
                without proper clearances or credentials; and
                    ``(C) require employment investigations and 
                criminal history record checks to ensure that 
                individuals who have unrestricted access to controlled 
                areas or have access to security-sensitive information 
                do not pose a threat to national security or to the 
                safety and security of maritime commerce.
            ``(3) Disqualification from new or continued employment.--
        An individual may not be employed in a security-sensitive 
        position at any waterfront facility or other public or 
        commercial structure located within or adjacent to the marine 
        environment if--
                    ``(A) the individual does not meet other criteria 
                established by the Secretary; or
                    ``(B) a background investigation or criminal 
                records check reveals that--
                            ``(i) within the previous 7 years the 
                        individual was convicted, or found not guilty 
                        by reason of insanity of an offense described 
                        in paragraph (4); or
                            ``(ii) within the previous 5 years was 
                        released from incarceration for committing an 
                        offense described in paragraph (4).
            ``(4) Disqualifying offenses.--The offenses referred to in 
        paragraph (3)(B) are the following:
                    ``(A) Murder.
                    ``(B) Assault with intent to murder.
                    ``(C) Espionage.
                    ``(D) Sedition.
                    ``(E) Treason.
                    ``(F) Rape.
                    ``(G) Kidnaping.
                    ``(H) Unlawful possession, sale, distribution, 
                importation, or manufacture of an explosive or weapon.
                    ``(I) Extortion.
                    ``(J) Armed or felony unarmed robbery.
                    ``(K) Importation, manufacture, or distribution of, 
                or intent to distribute, a controlled substance.
                    ``(L) A felony involving a threat.
                    ``(M) A felony involving willful destruction of 
                property.
                    ``(N) Smuggling.
                    ``(O) Theft of property in the custody of the 
                United States Customs Service.
                    ``(P) Attempt to commit, or conspiracy to commit 
                any of the offenses referred to in subparagraphs (A) 
                through (O).
            ``(5) Alternative arrangements.--Notwithstanding paragraph 
        (1), an individual may be employed in a security-sensitive 
        position although that individual would otherwise be 
        disqualified from such employment if the employer establishes 
        alternate security arrangements acceptable to the Secretary.
            ``(6) Appeals process.--The Secretary shall establish an 
        appeals process under this section for individuals found to be 
        ineligible for employment under paragraph (3) that includes 
        notice and an opportunity for a hearing.
            ``(7) Access to databases.--Notwithstanding any other 
        provision of law to the contrary, but subject to existing or 
        new procedural safeguards imposed by the Attorney General, the 
        Secretary is authorized to access the Federal Bureau of 
        Investigation's Integrated Automatic Fingerprinting 
        Identification System, the Fingerprint Identification Record 
        System, the Interstate Identification Index, the National Crime 
        Identification System, and the Integrated Entry and Exit Data 
        System for the purpose of conducting or verifying the results 
        of any background investigation or criminal records check 
        required by this subsection.
            ``(8) Restrictions on use and maintenance of information.--
                    ``(A) Secretary may give results of investigation 
                to employers.--The Secretary may transmit the results 
                of a background check or criminal records check to a 
                port authority, marine terminal operator, or other 
                entity the Secretary determines necessary for carrying 
                out the requirements of this subsection.
                    ``(B) FOIA not to apply.--Information obtained by 
                the Secretary under this subsection may not be made 
                available to the public under section 552 of title 5, 
                United States Code.
                    ``(C) Confidentiality.--Except to the extent 
                necessary to carry out this subsection, any information 
                other than criminal acts or offenses constituting 
                grounds for ineligibility for employment under 
                paragraph (3) shall be maintained confidentially by the 
                Secretary and may be used only for making 
                determinations under this section.
            ``(9) Effectiveness audits.--The Secretary shall provide 
        for the periodic audit of the effectiveness of employment 
        investigations and criminal history record checks required by 
        this subsection.
            ``(10) User fees.--
                    ``(A) In general.--The Secretary and the Attorney 
                General shall establish and collect reasonable fees to 
                pay expenses incurred by the Federal government in 
                carrying out any investigation, criminal history record 
                check, fingerprinting, or identification verification 
                services provided for under this subsection.
                    ``(B) Deposit of amount received.--Amounts received 
                by the Attorney General or Secretary under this section 
                shall be credited to the account in the Treasury from 
                which the expenses were incurred as offsetting 
                collections and shall be available to the Attorney 
                General and the Secretary upon the approval of 
                Congress.
            ``(11) Subsection not in derogation of other authority.--
        Nothing in this subsection restricts any agency, 
        instrumentality, or department of the United States from 
        exercising, or limits its authority to exercise, any other 
        statutory or regulatory authority to initiate or enforce port 
        security standards.''.

SEC. 107. MARITIME DOMAIN AWARENESS.

    (a) In General.--The Secretary shall conduct a study on ways to 
enhance maritime domain awareness through improved collection and 
coordination of maritime intelligence and submit a report on the 
findings of that study to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.
    (b) Specific Matters To Be Addressed.--In the study, the Secretary 
shall--
            (1) identify actions and resources necessary for multi-
        agency cooperative efforts to improve the maritime security of 
        the United States;
            (2) specifically address measures necessary to ensure the 
        effective collection, dissemination, and interpretation of 
        maritime intelligence and data, information resource management 
        and database requirements, architectural measures for cross-
        agency integration, data sharing, correlation and safeguarding 
        of data, and cooperative analysis to identify and effectively 
        respond to threats to maritime security;
            (3) estimate the potential costs of establishing and 
        operating such a new or linked database and provides 
        recommendations on what agencies should contribute to the cost 
        of its operation;
            (4) evaluate the feasibility of establishing a joint 
        interagency task force on maritime intelligence;
            (5) estimate of potential costs and benefits of utilizing 
        commercial supercomputing platforms and data bases to enhance 
        information collection and analysis capabilities across 
        multiple Federal agencies; and
            (6) provide a suggested time frame for the development of 
        such a system or database.
    (c) Participation of Other Agencies.--The Secretary shall consult 
with the Director of Central Intelligence, the Secretary of State, the 
Secretary of the Treasury, the Secretary of Defense, the Attorney 
General, the Secretary of Agriculture, the Secretary of Commerce, the 
Secretary of Energy, the Director of the Federal Emergency Management 
Agency, and the heads of other departments and agencies as necessary 
and invite their participation in the preparation of the study and 
report required by subsection (a).
    (d) Deadline.--The Secretary shall submit the report required by 
subsection (a) within 180 days after the date of enactment of this Act.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $500,000 in fiscal year 2002 to carry out 
this section.

SEC. 108. INTERNATIONAL PORT SECURITY.

    (a) In General.--Part A of subtitle II of title 46, United States 
Code, is amended by adding at the end the following:

               ``CHAPTER 25. INTERNATIONAL PORT SECURITY.

``Sec.
``2501. Assessment.
``2502. Notifying foreign authorities.
``2503. Actions when ports not maintaining and carrying out effective 
                            security measures.
``2504. Travel advisories concerning security at foreign ports.
``2505. Suspensions.
``2506. Acceptance of contributions; joint venture arrangements.
``Sec. 2501. Assessment
    ``(a) In General.--At intervals the Secretary of Transportation 
considers necessary, the Secretary shall assess the effectiveness of 
the security measures maintained at--
            ``(1) a foreign port--
                    ``(A) served by vessels of the United States;
                    ``(B) from which foreign vessels serve the United 
                States; or
                    ``(C) that poses a high risk of introducing danger 
                to United States ports and waterways, United States 
                citizens, vessels of the United States or any other 
                United States interests; and
            ``(2) any other foreign port the Secretary considers 
        appropriate.
    ``(b) Procedures and Standards.--The Secretary shall conduct an 
assessment under subsection (a) of this section--
            ``(1) in consultation with appropriate authorities of the 
        government of the foreign country concerned and operators of 
        vessels of the United States serving the foreign port for which 
        the Secretary is conducting the assessment;
            ``(2) to establish the extent to which a foreign port 
        effectively maintains and carries out internationally 
        recognized security measures; and
            ``(3) by using a standard based on the standards for port 
        security and recommended practices of the International 
        Maritime Organization and other appropriate international 
        organizations.
    ``(c) Consultation.--In carrying out this section, the Secretary 
shall consult with--
            ``(1) the Secretary of State--
                    ``(A) on the terrorist or relevant criminal threat 
                that exists in each country involved; and
                    ``(B) identify foreign ports that--
                            ``(i) are not under the de facto control of 
                        the government of the foreign country in which 
                        they are located; and
                            ``(ii) pose a high risk of introducing 
                        danger to international maritime commerce; and
            ``(2) the Secretary of the Treasury and coordinate any such 
        assessment with the United States Customs Service.
``Sec. 2502. Notifying foreign authorities
    ``(a) Dissemination of Information about the Program.--The 
Secretary shall work with the Secretary of State to facilitate the 
dissemination of port security program information to port authorities 
and marine terminal operators in other countries.
    ``(b) Specific Notifications.--If the Secretary of Transportation, 
after conducting an assessment under section 2501, finds that a port 
does not maintain and carry out effective security measures, the 
Secretary, through the Secretary of State, shall notify the appropriate 
authorities of the government of the foreign country of the finding and 
recommend the steps necessary to bring the security measures in use at 
the port up to the standard used by the Secretary of Transportation in 
making the assessment.
``Sec. 2503. Actions when ports not maintaining and carrying out 
              effective security measures
    ``(a) In General.--If the Secretary of Transportation finds that a 
port does not maintain and carry out effective security measures--
            ``(1) the Secretary shall--
                    ``(A) in consultation with the Secretaries of 
                State, Treasury, Agriculture, and the Attorney General, 
                develop measures to protect the safety and security of 
                United States ports from risks related to vessels 
                arriving from a foreign port that does not maintain an 
                acceptable level of security;
                    ``(B) publish the identity of the port in the 
                Federal Register;
                    ``(C) have the identity of the port posted and 
                displayed prominently at all United States ports at 
                which scheduled passenger carriage is provided 
                regularly to that port; and
                    ``(D) require each United States and foreign vessel 
                providing transportation between the United States and 
                the port to provide written notice of the decision, on 
                or with the ticket, to each passenger buying a ticket 
                for transportation between the United States and the 
                port;
            ``(2) the Secretary may, after consultation with the 
        Secretaries of State and of the Treasury, prescribe conditions 
        of port entry into the United States for any vessel arriving 
        from a port determined under this subsection to maintain 
        ineffective security measures, or any vessel carrying cargo 
        originating from or transshipped through such a port, including 
        refusing entry, inspection, or any other condition as the 
        Secretary determines may be necessary to ensure the safety of 
        United States ports and waterways; and
            ``(3) the Secretary may prohibit a United States or foreign 
        vessel from providing transportation between the United States 
        and any other foreign port that is served by vessels navigating 
        to or from a port found not to maintain and carry out effective 
        security measures.
    ``(b) Effective Date for Sanctions.--Any action taken by the 
Secretary under subsection (a) for a particular port shall take 
effect--
            ``(1) 90 days after the government of the foreign country 
        with jurisdiction or control of that port is notified under 
        section 2502 unless the Secretary finds that the government has 
        brought the security measures at the port up to the standard 
        the Secretary used in making an assessment under section 2501 
        before the end of that 90-day period; or
            ``(2) immediately upon the determination of the Secretary 
        under subsection (a) if the Secretary finds, after consulting 
        with the Secretary of State, that a condition exists that 
        threatens the safety or security of passengers, vessels, or 
        crew traveling to or from the port.
    ``(c) State Department To Be Notified.--The Secretary immediately 
shall notify the Secretary of State of a finding that a port does not 
maintain and carry out effective security measures so that the 
Secretary of State may issue a travel advisory.
    ``(d) Congressional Notification Required.--The Secretary promptly 
shall submit to Congress a report (and classified annex if necessary) 
identifying any port that the Secretary finds does not maintain and 
carry out effective security measures and describe any action taken 
under this section with regard to that port.
    ``(e) Action Canceled.--An action required under this section is no 
longer required if the Secretary, in consultation with the Secretary of 
State, decides that effective security measures are maintained and 
carried out at the port. The Secretary shall notify Congress when the 
action is no longer required.
``Sec. 2504. Travel advisories concerning security at foreign ports
    ``(a) In General.--Upon being notified by the Secretary of 
Transportation that the Secretary has determined that a condition 
exists that threatens the safety or security of passengers, passenger 
vessels, or crew traveling to or from a foreign port which the 
Secretary has determined under this chapter to be a port which does not 
maintain and administer effective security measures, the Secretary of 
State shall immediately issue a travel advisory with respect to the 
port. The Secretary of State shall take the necessary steps to 
publicize the travel advisory widely.
    ``(b) When Travel Advisory May Be Canceled.--The travel advisory 
required to be issued under subsection (a) of this section may be 
lifted only if the Secretary of Transportation, in consultation with 
the Secretary of State, has determined that effective security measures 
are maintained and administered at the port with respect to which the 
Secretary of Transportation had made the determination.
    ``(c) Congressional Notification.--The Secretary of State shall 
immediately notify Congress of any change in the status of a travel 
advisory imposed pursuant to this section.
``Sec. 2505. Suspensions
    ``(a) In General.--The President, without prior notice or a 
hearing, shall suspend the right of any vessel of the United States, 
and the right of a person to trade with the United States, to provide 
foreign sea transportation, and the right of a person to operate 
vessels in foreign sea commerce, to or from a foreign port, if the 
President finds that--
            ``(1) a condition exists that threatens the safety or 
        security of passengers, vessels, or crew traveling to or from 
        that port; and
            ``(2) the public interest requires an immediate suspension 
        of trade between the United States and that port.
    ``(b) Denial of Entry.--If a person operates a vessel in violation 
of this section, the President may deny the vessels of that person 
entry to United States ports.
    ``(c) Penalty for Violation.--A person violating this section is 
liable to the United States Government for a civil penalty of not more 
than $50,000. Each day a vessel utilizes a prohibited port shall be a 
separate violation of this section.
``Sec. 2506. Acceptance of contributions; joint venture arrangements
    ``In carrying out responsibilities under this chapter, the 
Secretary may accept contributions of funds, material, services, and 
the use of personnel and facilities from public and private entities by 
contract or other arrangement if the confidentiality of security-
sensitive information is maintained and access to such information is 
limited appropriately. The Secretary shall deposit any funds accepted 
under this section as miscellaneous receipts in the general fund of the 
United States Treasury.''.
    (b) Conforming Amendment.--The table of chapters at the beginning 
of subtitle II of title 46, United States Code, is amended by inserting 
the following new item in part A after the item for chapter 23:

``25. International Port Security...........................    2501''.
    (c) Repeals.--Sections 902, 905, 907, 908, 909, 910, 911, 912, and 
913 of the International Maritime and Port Security Act (46 U.S.C. App. 
1801, 1802, 1803, 1804, 1805, 1806, 1807, 1808, and 1809), are 
repealed.
    (d) Foreign-flag Vessels.--Within 6 months after the date of 
enactment of this Act and every year thereafter, the Secretary, in 
consultation with the Secretary of State, shall provide a report to the 
Committees on Commerce, Science, and Transportation and Foreign 
Relations of the Senate, and the Committees on Transportation and 
Infrastructure and International Relations of the House of 
Representatives that lists the following information:
            (1) A list of all nations whose flag vessels have entered 
        United States ports in the previous year.
            (2) Of the nations on that list, a separate list of those 
        nations--
                    (A) whose registered flag vessels appear as 
                Priority III or higher on the Boarding Priority Matrix 
                maintained by the Coast Guard;
                    (B) that have presented, or whose flag vessels have 
                presented, false, intentionally incomplete, or 
                fraudulent information to the United States concerning 
                passenger or cargo manifests, crew identity or 
                qualifications, or registration or classification of 
                their flag vessels;
                    (C) whose vessel registration or classification 
                procedures have been found by the Secretary to be 
                noncompliant with international classifications or do 
                not exercise adequate control over safety and security 
                concerns; or
                    (D) whose laws or regulations are not sufficient to 
                allow tracking of ownership and registration histories 
                of registered flag vessels.
            (3) Actions taken by the United States, whether through 
        domestic action or international negotiation, including 
        agreements at the International Maritime Organization under 
        section 902 of the International Maritime and Port Security Act 
        (46 U.S.C. App. 1801), to improve transparency and security of 
        vessel registration procedures in nations on the list under 
        paragraph (2).
            (4) Recommendations for legislative or other actions needed 
        to improve security of United States ports against potential 
        threats posed by flag vessels of nations named in paragraph 
        (2).

SEC. 109. COUNTER-TERRORISM AND INCIDENT CONTINGENCY PLANS.

    (a) In General.--The Secretary, in coordination with the Director 
of the Federal Bureau of Investigation, shall ensure that all area 
maritime counter-terrorism and incident contingency plans are reviewed, 
revised, and updated no less frequently than once every 3 years.
    (b) Local Port Security Committees.--The Secretary shall ensure 
that port security committees established under section 7(f) of the 
Ports and Maritime Safety Act (33 U.S.C. 2116(f)) are involved in the 
review, revision, and updating of the plans.
    (c) Simulation Exercises.--The Secretary shall ensure that--
            (1) simulation exercises are conducted annually for all 
        such plans; and
            (2) actual practice drills and exercises are conducted at 
        least once every 3 years.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $1,000,000 for each of fiscal years 2002 
through 2006 to carry out this section, such sums to remain available 
until expended.

SEC. 110. MARITIME SECURITY PROFESSIONAL TRAINING.

    (a) In General.--
            (1) Development of standards.--Not later than 6 months 
        after the date of enactment of this Act, the Secretary of 
        Transportation shall develop standards and curriculum to allow 
        for the training and certification of maritime security 
        professionals. In developing these standards and curriculum, 
        the Secretary shall consult with the National Maritime Security 
        Advisory Committee established under section 7(d) of the Ports 
        and Maritime Safety Act (33 U.S.C. 2116(d)).
            (2) Secretary To consult on standards.--In developing 
        standards under this section, the Secretary may, without regard 
        to the Federal Advisory Committee Act (5 U.S.C. App.), consult 
        with the Federal Law Enforcement Training Center, the United 
        States Merchant Marine Academy's Global Maritime and 
        Transportation School, the Maritime Security Council, the 
        International Association of Airport and Port Police, the 
        National Cargo Security Council, and any other Federal, State, 
        or local government or law enforcement agency or private 
        organization or individual determined by the Secretary to have 
        pertinent expertise.
    (b) Minimum Standards.--The standards established by the Secretary 
under subsection (a) shall include the following elements:
            (1) The training and certification of maritime security 
        professionals in accordance with accepted law enforcement and 
        security guidelines, policies, and procedures, including, as 
        appropriate, recommendations for incorporating a background 
        check process for personnel trained and certified in foreign 
        ports.
            (2) The training of students and instructors in all aspects 
        of prevention, detection, investigation, and reporting of 
        criminal activities in the international maritime environment.
            (3) The provision of off-site training and certification 
        courses and certified personnel at United States and foreign 
        ports used by United States-flagged vessels, or by foreign-
        flagged vessels with United States citizens as passengers or 
        crewmembers, to develop and enhance security awareness and 
        practices.
    (c) Training Provided to Law Enforcement and Security Personnel.--
The Secretary is authorized to make the training opportunities provided 
under this section available to any Federal, State, local, and private 
law enforcement or maritime security personnel in the United States or 
in foreign ports used by United States-flagged vessels with United 
States citizens as passengers or crewmembers.
    (d) Use of Contract Resources.--The Secretary shall employ existing 
Federal and contract resources to train and certify maritime security 
professionals in accordance with the standards and curriculum developed 
under this Act.
    (e) Annual Report.--The Secretary shall transmit an annual report 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation and 
Infrastructure on the expenditure of appropriated funds and the 
training under this section.
    (f) Funding.--Of the amounts made available under section 122(b), 
there may be made available to the Secretary to carry out this 
section--
            (1) $2,500,000 for each of fiscal years 2003 and 2004, and
            (2) $3,000,000 for each of fiscal years 2005 and 2006,
such sums to remain available until expended.
    (g) Authorization of Appropriations--There are authorized to be 
appropriated to the Secretary to carry out this section--
            (1) $5,500,000 for fiscal year 2002;
            (2) $3,000,000 for each of fiscal years 2003 and 2004; and
            (3) $2,500,000 for each of fiscal years 2005 and 2006.

SEC. 111. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.

    (a) In General.--The Merchant Marine Act, 1936 (46 U.S.C. App. 1101 
et seq.) is amended by adding at the end the following:

         ``TITLE XIV--PORT SECURITY INFRASTRUCTURE IMPROVEMENT

``SEC. 1401. LOAN GUARANTEES FOR PORT SECURITY INFRASTRUCTURE 
              IMPROVEMENTS.

    ``(a) In General.--The Secretary of Transportation, subject to the 
terms the Secretary shall prescribe and after consultation with the 
United States Coast Guard, the United States Customs Service, and the 
National Maritime Security Advisory Committee established under section 
102 of the Port and Maritime Security Act of 2001, may guarantee or 
make a commitment to guarantee the payment of the principal of, and the 
interest on, an obligation for port security infrastructure 
improvements for an eligible project at any United States port.
    ``(b) Limitations.--Guarantees or commitments to guarantee under 
this section are subject to the extent applicable to all the laws, 
requirements, regulations, and procedures that apply to guarantees or 
commitments to guarantee made under title XI, except that--
            ``(1) guarantees or commitments to guarantee made under 
        this section are eligible for not more than 87.5 percent of the 
        actual cost of the security infrastructure improvement;
            ``(2) notwithstanding section 1104A(d), determination of 
        economic soundness for a security infrastructure project shall 
        be based upon the economic soundness of the applicant and not 
        the project;
            ``(3) guarantees or commitments to guarantee may be made 
        under this section to persons who are not citizens of the 
        United States as defined in section 2 of the Shipping Act, 1916 
        (46 U.S.C. App. 802).
    ``(c) Transfer of Funds.--The Secretary may accept the transfer of 
funds from any other department, agency, or instrumentality of the 
United States Government and may use those funds to cover the cost (as 
defined in section 502 of the Federal Credit Reform Act of 1990 (2 
U.S.C. 61a)) of making guarantees or commitments to guarantee loans 
entered into under this section.
    ``(d) Eligible Projects.--A project is eligible for a loan 
guarantee or commitment under subsection (a) if it is for the 
construction or acquisition of new security infrastructure that is--
            ``(1) equipment or facilities to be used for port security 
        monitoring and recording;
            ``(2) security gates and fencing;
            ``(3) security-related lighting systems;
            ``(4) remote surveillance systems;
            ``(5) concealed video systems; or
            ``(6) other security infrastructure or equipment that 
        contributes to the overall security of passengers, cargo, or 
        crewmembers.

``SEC. 1402. GRANTS.

    ``(a) Financial Assistance.--The Secretary may provide financial 
assistance for eligible projects (within the meaning of section 
1401(d).
    ``(b) Matching Requirements.--
            ``(1) 75-percent federal funding.--Except as provided in 
        paragraph (2), Federal funds for any eligible project under 
        this section shall not exceed 75 percent of the total cost of 
        such project.
            ``(2) Exceptions.--
                    ``(A) Small projects.--There are no matching 
                requirements for grants under subsection (a) for 
                projects costing not more than $25,000.
                    ``(B) Higher level of support required.--If the 
                Secretary determines that a proposed project merits 
                support and cannot be undertaken without a higher rate 
                of Federal support, then the Secretary may approve 
                grants under this section with a matching requirement 
                other than that specified in paragraph (1).
    ``(c) Allocation.--The Secretary shall ensure that financial 
assistance provided under subsection (a) during a fiscal year is 
distributed so that funds are awarded for eligible projects that 
address emerging priorities or threats identified by the National 
Maritime Security Advisory Committee established under section 7(d) of 
the Ports and Waterways Safety Act (33 U.S.C. 1226(d)).
    ``(d) Project Proposals.--Each proposal for a grant under this 
section shall include the following:
            ``(1) The name of the individual or entity responsible for 
        conducting the project.
            ``(2) A comprehensive description of the need for the 
        project, and a statement of the project's relationship to the 
        security plan.
            ``(3) A description of the qualifications of the 
        individuals who will conduct the project.
            ``(4) An estimate of the funds and time required to 
        complete the project.
            ``(5) Evidence of support of the project by appropriate 
        representatives of States or territories of the United States 
        or other government jurisdictions in which the project will be 
        conducted.
            ``(6) Information regarding the source and amount of 
        matching funding available to the applicant, as appropriate.
            ``(7) Any other information the Secretary considers to be 
        necessary for evaluating the eligibility of the project for 
        funding under this title.

``SEC. 1403. ALLOCATION OF RESOURCES.

    ``In carrying out this title, the Secretary may ensure that not 
less than $2,000,000 in loans and loan guarantees under section 1401, 
and not less than $6,000,000 in grants under section 1402, are made 
available for eligible projects (as defined in section 1401(d)) located 
in any State to which reference is made by name in section 607 of this 
Act during each of the fiscal years 2002 through 2006.''.
    (b) Annual Accounting.--The Secretary of Transportation shall 
submit an annual summary of loan guarantees and commitments to make 
loan guarantees under section 1401 of the Merchant Marine Act, 1936, 
and grants made under section 1402 of that Act, to the Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure and the Advisory 
Committee through appropriate media of communication, including the 
Internet.
    (c) Funding.--Of amounts made available under section 122(b), there 
may be made available to the Secretary of Transportation--
            (1) $9,000,000 for each of the fiscal years 2003, 2004, 
        2005, and 2006 as guaranteed loan costs (as defined in section 
        502(5) of the Federal Credit Reform Act of 1990; 2 U.S.C. 
        661a(5)) under section 1401 of the Merchant Marine Act, 1936,
            (2) $10,000,000 for each of such fiscal years for grants 
        under section 1402 of the Merchant Marine Act, 1936, and
            (3) $1,000,000 for each such fiscal year to cover 
        administrative expenses related to loan guarantees under 
        section 1401 of the Merchant Marine Act, 1936, and grants under 
        section 1402 of that Act,
such amounts to remain available until expended.
    (d) Additional Appropriations Authorized.--In addition to the 
amounts made available under subsection (c)(2), there are authorized to 
be appropriated to the Secretary of Transportation--
            (1) $26,000,000 for each of fiscal years 2002 through 2006 
        to the Secretary as guaranteed loan costs (as defined in 
        section 502(5) of the Federal Credit Reform Act of 1990; 2 
        U.S.C. 661a(5)) under section 1401 of the Merchant Marine Act, 
        1936;
            (2) $70,000,000 for each of fiscal years 2002 through 2006 
        to the Secretary for grants under section 1402 of the Merchant 
        Marine Act, 1936; and
            (3) $4,000,000 for each of fiscal years 2002 through 2006 
        to the Secretary to cover administrative expenses related to 
        loan guarantees and grants under paragraphs (8) and (9),
such sums to remain available until expended.

SEC. 112. SCREENING AND DETECTION EQUIPMENT.

    (a) Funding.--Of amounts made available under section 122(b), there 
may be made available to the Commissioner of Customs for the purchase 
of nonintrusive screening and detection equipment for use at United 
States ports--
            (1) $15,000,000 for fiscal year 2003,
            (2) $16,000,000 for fiscal year 2004,
            (3) $18,000,000 for fiscal year 2005, and
            (4) $19,000,000 for fiscal year 2006,
such sums to remain available until expended.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commissioner $20,000,000 for each of fiscal years 
2002 through 2006 to the Commissioner of Customs for the purchase of 
nonintrusive screening and detection equipment for use at United States 
ports, such sums to remain available until expended.
    (c) Funding for Fiscal Year 2002.--There are authorized to be 
appropriated $145,000,000 for the United States Customs Service for 
fiscal year 2002 for 1,200 new customs inspector positions, 300 new 
customs agent positions, and other necessary port security positions, 
and for purchase and support of equipment (including camera systems for 
docks and vehicle-mounted computers), canine enforcement for port 
security, and to update computer systems to help improve customs 
reporting procedures.

SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE.

    The Secretary of Transportation, acting through the Maritime 
Administration and after consultation with the Advisory Committee and 
the United States Coast Guard, shall publish a revised version of the 
document entitled ``Port Security: A National Planning Guide'', 
incorporating the requirements promulgated under section 7(g) of the 
Ports and Waterways Security Act (33 U.S.C. 2116(g)), within 3 years 
after the date of enactment of this Act, and make that revised document 
available on the Internet.

SEC. 114. SHARED DOCKSIDE INSPECTION FACILITIES.

    (a) In General.--The Secretary of the Treasury, the Secretary of 
Agriculture, the Secretary of Transportation, the Attorney General, and 
the Administrator of the General Services Administration shall work 
with each other, the Advisory Committee, and the States to establish 
shared dockside inspection facilities at United States ports for 
Federal and State agencies.
    (b) Funding.--Of the amounts made available under section 122(b), 
there may be made available to the Secretary of the Transportation, 
$1,000,000 for each of fiscal years 2003, 2004, 2005, and 2006, such 
sums to remain available until expended, to establish shared dockside 
inspection facilities at United States ports in consultation with the 
Secretary of the Treasury, the Secretary of Agriculture, and the 
Attorney General.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $1,000,000 for fiscal 
year 2002 to establish shared dockside inspection facilities at United 
States ports in consultation with the Secretary of the Treasury, the 
Secretary of Agriculture, and the Attorney General.

SEC. 115. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND 
              PASSENGERS AND OTHER IMPROVED CUSTOMS REPORTING 
              PROCEDURES.

    (a) Cargo Information.--
            (1) In general.--Section 431(b) of the Tariff Act of 1930 
        (19 U.S.C. 1431(b)) is amended--
                    (A) by striking ``Any manifest'' and inserting 
                ``(1) Any manifest''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2)(A) In addition to any other requirement under this 
        section, for every land, air, or vessel carrier required to 
        make entry or obtain clearance under the customs laws of the 
        United States, the pilot, master, operator, or owner of such 
        carrier (or the authorized agent of such owner or operator) 
        shall provide by electronic transmission cargo manifest 
        information described in subparagraph (B) in advance of such 
        entry or clearance in such manner, time, and form as the 
        Secretary shall prescribe. The Secretary may exclude any class 
        of land, aircraft, or vessel for which he concludes the 
        requirements of this subparagraph are not necessary.
            ``(B) The information described in this subparagraph is as 
        follows:
                    ``(i) The port of arrival or departure, whichever 
                is applicable.
                    ``(ii) The carrier code, prefix code, or both.
                    ``(iii) The flight, voyage, or trip number.
                    ``(iv) The date of scheduled arrival or date of 
                scheduled departure, as the case may be.
                    ``(v) The request for permit to proceed to the 
                destination, if applicable.
                    ``(vi) The numbers and quantities from the 
                carrier's master air waybill, bills of lading, or ocean 
                bills of lading.
                    ``(vii) The first port of lading of the cargo.
                    ``(viii) A description and weight of the cargo or, 
                for a sealed container, the shipper's declared 
                description and weight of the cargo.
                    ``(ix) The shippers name and address from all air 
                waybills and bills of lading.
                    ``(x) The consignee's name and address from all air 
                waybills and bills of lading.
                    ``(xi) Notice that actual boarded quantities are 
                not equal to air waybill or bills of lading quantities, 
                except that a carrier is not required by this clause to 
                verify boarded quantities of cargo in sealed 
                containers.
                    ``(xii) Transfer or transit information for the 
                cargo while it has been under the control of the 
                carrier.
                    ``(xiii) Warehouse or other location of the cargo 
                while it has been under the control of the carrier.
                    ``(xiv) Any additional information that the 
                Secretary by regulation determines is reasonably 
                necessary to ensure aviation, maritime, and surface 
                transportation safety pursuant to those laws enforced 
                and administered by the Customs Service.
            ``(3) The Secretary by regulation shall require nonvessel 
        operating common carriers to meet the requirements of 
        subparagraphs (A) and (B).''.
            (2) Conforming amendments.--Subparagraphs (A) and (C) of 
        section 431(d)(1) of such Act are each amended by inserting 
        ``or subsection (b)(2)'' before the semicolon.
    (b) Documentation of Cargo.--Part II of title IV of the Tariff Act 
of 1930 is amended by inserting after section 431 the following new 
section:

``SEC. 431A. DOCUMENTATION OF WATERBORNE CARGO.

    ``(a) Applicability.--This section shall apply to all cargo to be 
exported moving by a vessel common carrier from a port in the United 
States.
    ``(b) Documentation Required.--(1) No shipper of cargo subject to 
this section (including an ocean transportation intermediary that is a 
nonvessel-operating common carrier (as defined in section 3(17)(B) of 
the Shipping Act of 1984 (46 U.S.C. App. 1702(17)(B)) may tender or 
cause to be tendered to a vessel common carrier cargo subject to this 
section for loading on a vessel in a United States port, unless such 
cargo is properly documented pursuant to this subsection.
    ``(2) For the purposes of this subsection, cargo shall be 
considered properly documented if the shipper submits to the vessel 
common carrier or its agent a complete set of shipping documents no 
later than 24 hours after the cargo is delivered to the marine terminal 
operator.
            ``(3) A complete set of shipping documents shall include--
                    ``(A) for shipments for which a shipper's export 
                declaration is required a copy of the export 
                declaration or, if the shipper files such declarations 
                electronically in the Automated Export system, the 
                complete bill of lading, and the master or equivalent 
                shipping instructions including the shipper's Automated 
                Export System instructions; or
                    ``(B) for those shipments for which a shipper's 
                export declaration is not required, such other 
                documents or information as the Secretary may by 
                regulation prescribe.
            ``(4) The Secretary shall by regulation prescribe the time, 
        manner, and form by which shippers shall transmit documents or 
        information required under this subsection to the Customs 
        Service.
    ``(c) Loading Undocumented Cargo Prohibited.--
            ``(1) No marine terminal operator (as defined in section 
        3(14) of the Shipping Act of 1984 (46 U.S.C. App. 1702(14))) 
        may load, or cause to be loaded, any cargo subject to this 
        section on a vessel unless instructed by the vessel common 
        carrier operating the vessel that such cargo has been properly 
        documented in accordance with this section.
            ``(2) When cargo is booked by one vessel common carrier to 
        be transported on the vessel of another vessel common carrier, 
        the booking carrier shall notify the operator of the vessel 
        that the cargo has been properly documented in accordance with 
        this section. The operator of the vessel may rely on such 
        notification in releasing the cargo for loading aboard the 
        vessel.
    ``(d) Reporting of Undocumented Cargo.--A vessel common carrier 
shall notify the United States Customs Service of any cargo tendered to 
such carrier that is not properly documented pursuant to this section 
and that has remained in the marine terminal for more than 48 hours 
after being delivered to the marine terminal, and the location of the 
cargo in the marine terminal. For vessel common carriers that are 
members of vessel sharing agreements (or any other arrangement whereby 
a carrier moves cargo on another carrier's vessel), the vessel common 
carrier accepting the booking shall be responsible for reporting 
undocumented cargo, without regard to whether it operates the vessel on 
which the transportation is to be made.
    ``(e) Assessment of Penalties.--Whoever violates subsection (b) of 
this section shall be liable to the United States for civil penalties 
in a monetary amount up to the value of the cargo, or the actual cost 
of the transportation, whichever is greater.
    ``(f) Seizure of Undocumented Cargo.--
            ``(1) Any cargo that is not properly documented pursuant to 
        this section and has remained in the marine terminal for more 
        than 48 hours after being delivered to the marine terminal 
        operator shall be subject to search, seizure, and forfeiture.
            ``(2) The shipper of any such cargo is liable to the marine 
        terminal operator and to the ocean carrier for demurrage and 
        other applicable charges for any undocumented cargo which has 
        been notified to or searched or seized by the Customs Service 
        for the entire period the cargo remains under the order and 
        direction of the Customs Service. The marine terminal operator 
        and the ocean carrier shall have a lien on the cargo for the 
        amount of the demurrage and other charges.
    ``(g) Effect on Other Provisions.--Nothing in this section shall be 
construed, interpreted, or applied to relieve or excuse any party from 
compliance with any obligation or requirement arising under any other 
law, regulation, or order with regard to the documentation or carriage 
of cargo.''.
    (c) Passenger Information.--Part II of title IV of the Tariff Act 
of 1930, as amended by subsection (b), is further amended by inserting 
after section 431A the following new section:

``SEC. 431B. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED FOR 
              CARRIERS.

    ``(a) In General.--For each person arriving or departing on an air 
or land carrier or vessel required to make entry or obtain clearance 
under the customs laws of the United States, the pilot, master, 
operator, or owner of such carrier (or the authorized agent of such 
owner or operator) shall provide by electronic transmission manifest 
information described in subsection (b) in advance of such entry or 
clearance in such manner, time, and form as the Secretary shall 
prescribe.
    ``(b) Information Described.--The information described in this 
subsection shall include for each person:
            ``(1) Full name.
            ``(2) Date of birth and citizenship.
            ``(3) Gender.
            ``(4) Passport number and country of issuance.
            ``(5) United States visa number or resident alien card 
        number, as applicable.
            ``(6) Passenger name record.
            ``(7) Such additional information that the Secretary, by 
        regulation, determines is reasonably necessary to ensure 
        aviation and maritime safety pursuant to the laws enforced or 
        administered by the Customs Service.''.
    (d) Definition.--Section 401 of the Tariff Act of 1930 is amended 
by adding at the end the following new subsections:
    ``(t) Land Air And Vessel Carrier.--The terms `land carrier', `air 
carrier', and `vessel carrier' mean a carrier that transports by land, 
air, or water, respectively, goods or passengers for payment or other 
consideration, including money or services rendered.
    ``(u) Vessel Common Carrier.--The term `vessel common carrier' has 
the meaning given the term `ocean common carrier' in section 3(16) of 
the Shipping Act of 1984 (46 U.S.C. App. 1702(16)) and the term `common 
carrier by water in interstate commerce' as defined in section 1 of the 
Shipping Act, 1916 (46 U.S.C. App. 801).''.
    (e) Other Requirements for Improved Reporting Procedures.--In 
addition to the promulgation of manifesting information, the United 
States Customs Service shall improve reporting of goods arriving at 
United States ports--
            (1) by promulgating regulations to require, notwithstanding 
        sections 552 and 553 of the Tariff Act of 1930 (19 U.S.C. 1552 
        and 1553), at such times as Customs may require prior to the 
        arrival of an in-bond movement of goods at the initial port of 
        unlading, that--
                    (A) information shall be filed electronically 
                identifying the consignor, consignee, country of 
                origin, and the Harmonized Tariff Schedule of the 
                United States 6-digit classification of the goods; and
                    (B) such information shall be to the best of the 
                filer's knowledge, and shall not be considered the 
                entry for the goods under section 484 of that Act (19 
                U.S.C. 1484) or subject to section 592 or 595a of that 
                Act (19 U.S.C. 1592 or 1595a); and
            (2) by distributing the information reported under the 
        regulations promulgated under paragraph (1) or section 
        431(b)(2), 431A, or 431B of the Tariff Act of 1930 on a real-
        time basis to any Federal, State, or local government agency 
        that has a regulatory or law-enforcement interest in the goods.
    (f) Effective Date.--The amendments made by subsections (a) through 
(d) of this section shall take effect 45 days after the date of 
enactment of this Act.
    (g) Pilot Program for Preclearing Inbound Shipments of Waterborne 
Cargo.--
            (1) In general.--If the Commissioner of Customs determines 
        that information from a pilot program for inspecting, 
        monitoring, tracking, and preclearing inbound shipments of 
        waterborne cargo would improve the security and safety of 
        ports, the Commissioner may develop and implement such a pilot 
        program.
            (2) Program Characteristics.--
                    (A) In general.--Any such pilot program shall--
                            (i) take into account, and may be organized 
                        on the basis of, prearrival information that 
                        commercial vessels entering the territorial 
                        waters of the United States or destined for 
                        United States ports are required to transmit 
                        under section 431 of the Tariff Act of 1930 (19 
                        U.S.C. 1431) and the Ports and Waterways Safety 
                        Act (33 U.S.C. 1221 et seq.); and
                            (ii) be designed to meet the requirements 
                        of United States customs laws and other laws 
                        regulating the importation of goods into the 
                        United States and to accommodate mechanisms for 
                        the collection of applicable duties upon entry 
                        or removal from warehouse of such goods.
                    (B) Customs clearance waiver.--The Commissioner may 
                grant a waiver of any United States Customs Service 
                post-arrival clearance requirement for goods inspected, 
                monitored for security and integrity in transit, 
                tracked, and precleared under any such pilot program.
            (3) Consultation with other interested agencies.--In 
        developing and implementing a pilot program under paragraph (1) 
        the Commissioner of Customs shall consult with representatives 
        of other Federal agencies with responsibilities related to the 
        entry of commercial goods into the United States to ensure that 
        those agencies' missions are not compromised by the 
        preclearance.
            (4) Pilot program to be tested at multiple ports.--Any such 
        pilot program developed and implemented by the Commissioner may 
        be conducted at several different ports in a manner that 
        permits analysis and evaluation of different technologies and 
        takes into account different kinds of goods and ports with 
        different harbor, infrastructure, climatic, geographical, and 
        other characteristics.
            (5) Report to the congress.--Within a year after a pilot 
        program is implemented under paragraph (1), the Commissioner of 
        Customs shall transmit a report to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Transportation and Infrastructure 
        that--
                    (A) evaluates the pilot program and its components;
                    (B) states the Commissioner's view as to whether 
                any procedure, system, or technology evaluated as part 
                of the program offers a higher level of security than 
                requiring imported goods to clear customs under 
                existing procedures;
                    (C) states the Commissioner's view as to the 
                integrity of the procedures, technology, or systems 
                evaluated as part of the pilot program;
                    (D) makes a recommendation with respect to whether 
                the pilot program, or any procedure, system, or 
                technology should be incorporated in a nationwide 
                system for preclearance of imports of waterborne goods;
                    (E) describes the impact of the pilot program on 
                staffing levels at the Customs Service and the 
                potential effect full implementation of the program on 
                a nationwide basis would have on Customs Service 
                staffing level; and
                    (F) states the Commissioner's views as to whether 
                there is a method by which the United States could 
                validate foreign ports so that cargo from those ports 
                is preapproved for United States Custom Service 
                purposes on arrival at United States ports.

SEC. 116. PREARRIVAL MESSAGES FROM VESSELS DESTINED TO UNITED STATES 
              PORTS.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended--
            (1) by striking ``environment'' in section 2(a) (33 U.S.C. 
        1221(a)) and inserting ``environment, and the safety and 
        security of United States ports and waterways,'';
            (2) by striking paragraph (5) of section 4(a) (33 U.S.C. 
        1223(a)) and inserting the following:
            ``(5) require--
                    ``(A) the receipt of pre-arrival messages from any 
                vessel destined for a port or place subject to the 
                jurisdiction of the United States;
                    ``(B) the message to include any information the 
                Secretary determines to be necessary for the control of 
                the vessel and the safety and security of the port, 
                waterways, facilities, vessels, and marine environment; 
                and
                    ``(C) the message to be transmitted in electronic 
                form, or otherwise as determined by the Secretary, in 
                sufficient time to permit review before the vessel's 
                entry into port, and deny port entry to any vessel that 
                fails to comply with the requirements of this 
                paragraph.'';
            (3) by striking ``environment'' in section 5(a) (33 U.S.C. 
        1224(a)) and inserting ``environment, and the safety and 
        security of United States ports and waterways,''; and
            (4) by adding at the end of section 5 (33 U.S.C. 1224) the 
        following:
``Nothing in this section interferes with the Secretary's authority to 
require information under section 4(a)(5) before a vessel's arrival in 
a port or place subject to the jurisdiction of the United States.''.

SEC. 117. MARITIME SAFETY AND SECURITY TEAMS.

    (a) In General.--To enhance the domestic maritime security 
capability of the United States, the Secretary shall establish such 
maritime safety and security teams as are needed to safeguard the 
public and protect vessels, harbors, ports, waterfront facilities, and 
cargo in waters subject to the jurisdiction of the United States from 
destruction, loss or injury from crime, or sabotage due to terrorist 
activity, and to respond to such activity in accordance with security 
plans developed under section 7 of the Ports and Waterways Safety Act 
(33 U.S.C. 2116).
    (b) Mission.--Each maritime safety and security team shall be 
trained, equipped and capable of being employed to--
            (1) deter, protect against, and rapidly respond to threats 
        of maritime terrorism;
            (2) enforce moving or fixed safety or security zones 
        established pursuant to law;
            (3) conduct high speed intercepts;
            (4) board, search, and seize any article or thing on a 
        vessel or waterfront facility found to present a risk to the 
        vessel, facility or port;
            (5) rapidly deploy to supplement United States armed forces 
        domestically or overseas;
            (6) respond to criminal or terrorist acts within the port 
        so as to minimize, insofar as possible, the disruption caused 
        by such acts;
            (7) assist with port vulnerability assessments required 
        under this Act; and
            (8) carry out other such missions as are assigned to it in 
        support of the goals of this Act.
    (c) Coordination with Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team shall coordinate its 
activities with other Federal, State, and local law enforcement and 
emergency response agencies.

SEC. 118. RESEARCH AND DEVELOPMENT FOR CRIME AND TERRORISM PREVENTION 
              AND DETECTION TECHNOLOGY.

    (a) Grant Program.--
            (1) In general.--The Secretary, in consultation with the 
        Advisory Committee, shall establish a grant program to fund 
        eligible projects for the development, testing, and transfer of 
        technology to enhance security at United States ports with 
        respect to security risks, including--
                    (A) explosives or firearms;
                    (B) weapons of mass destruction;
                    (C) chemical and biological weapons;
                    (D) drug and illegal alien smuggling;
                    (E) trade fraud; and
                    (F) other criminal activity.
            (2) Matching funds required.--The maximum amount of any 
        grant of funds made available under the program to a 
        participant other than a department or agency of the United 
        States for a technology development project may not exceed 75 
        percent of costs of that project.
    (b) Eligible Projects.--A project is eligible for a grant under 
subsection (a) if it is for the construction, acquisition, testing, or 
deployment of surveillance equipment and technology capable of 
preventing or detecting terrorist or other criminal activity as 
determined by the Secretary.
    (c) Annual Accounting; Dissemination of Information.--The Secretary 
shall submit an annual summary of grants under subsection (a), together 
with a general description of the tests and any technology transfers 
under the program, to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $15,000,000 for each of fiscal years 2002 
through 2006, such sums to remain available until expended.

SEC. 119. EXTENSION OF SEAWARD JURISDICTION.

    (a) Definition of Territorial Waters.--Section 1 of title XIII of 
the Act of June 15, 1917 (50 U.S.C. 195) is amended--
            (1) by striking ``The term `United States' as used in this 
        Act includes'' and inserting the following:
    ``In this Act:
            ``(a) United States.--The term `United States' includes''; 
        and
            (2) by adding at the end the following:
    ``(b) Territorial Waters.--The term ``territorial waters of the 
United States'' includes all waters of the territorial sea of the 
United States as described in Presidential Proclamation 5928 of 
December 27, 1988.''.
    (b) Civil Penalty for Violation of Act of June 15, 1917.--Section 2 
of title II of the Act of June 15, 1917 (50 U.S.C. 192), is amended--
            (1) by striking ``imprisonment'' in the section heading and 
        inserting ``imprisonment; civil penalties'';
            (2) by inserting ``(a) In General.--'' before ``If'' in the 
        first undesignated paragraph;
            (3) by striking ``(a) If any other'' and inserting ``(b) 
        Application to Others.--If any other''; and
            (4) by adding at the end the following:
    ``(c) Civil Penalty.--
            ``(1) Imposition.--A person who is found, after notice and 
        an opportunity for a hearing, to have violated any rule, 
        regulation or order issued under this Act, or found to have 
        knowingly obstructed or interfered with the exercise of any 
        power conferred by this Act, shall be liable to the United 
        States for a civil penalty, not to exceed $25,000 for each 
        violation. Each day of a continuing violation shall constitute 
        a separate violation. The amount of such civil penalty shall be 
        assessed by the Secretary, or the Secretary's designee, by 
        written notice. In determining the amount of such penalty, the 
        Secretary shall take into account the nature, circumstances, 
        extent and gravity of the prohibited acts committed and, with 
        respect to the violator, the degree of culpability, any history 
        of prior offenses, ability to pay, and such other matters as 
        justice may require.
    ``(2) Compromise, etc.--The Secretary may compromise, modify, or 
remit, with or without conditions, any civil penalty which is subject 
to imposition or which has been imposed under this subsection.
    ``(3) Collection.--If a person fails to pay an assessment of a 
civil penalty after it has become final, the Secretary may refer the 
matter to the Attorney General of the United States, for collection in 
any appropriate district court of the United States.''.

SEC. 120. SUSPENSION OF LIMITATION ON STRENGTH OF COAST GUARD.

    (a) Personnel End Strengths.--Section 661(a) of title 14, United 
States Code, is amended by adding at the end the following: ``If at the 
end of any fiscal year there is in effect a declaration of war or 
national emergency, the President may defer the effectiveness of any 
end-strength and grade distribution limitation with respect to that 
fiscal year prescribed by law for any military or civilian component of 
the Coast Guard, for a period not to exceed 6 months after the end of 
the war or termination of the national emergency.''.
    (b) Officers in Coast Guard Reserve.--Section 724 of title 14, 
United States Code, is amended by adding at the end thereof the 
following:
    ``(c) Deferral of Limitation.--If at the end of any fiscal year 
there is in effect a declaration of war or national emergency, the 
President may defer the effectiveness of any end-strength and grade 
distribution limitation with respect to that fiscal year prescribed by 
law for any military or civilian component of the Coast Guard Reserve, 
for a period not to exceed 6 months after the end of the war or 
termination of the national emergency.''.

SEC. 121. ADDITIONAL REPORTS.

    (a) Additional Security Needs.--Within 1 year after the date of 
enactment of this Act, the Secretary shall transmit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure on 
the need for any additional security requirements or measures under 
this title in order to provide for national security and protect the 
flow of commerce.
    (b) Annual Status Report to Congress.--
            (1) In general.--Notwithstanding section 7(c) of the Ports 
        and Waterways Safety Act (33 U.S.C. 1226(c)), the Secretary 
        shall report annually to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure on the status of 
        port security in a form that does not compromise, or present a 
        threat to the disclosure of security-sensitive information 
        about, the port security vulnerability assessments conducted 
        under this Act. The report may include recommendations for 
        further improvements in port security measures and for any 
        additional enforcement measures necessary to ensure compliance 
        with the port security plan requirements of this title.
            (2) Specific port evaluation.--The Secretary shall select a 
        port for the purpose of evaluating security plans and 
        enhancements and, in the first annual report under this 
        subsection, the Secretary shall report on the progress and 
        enhancements of security plans at that port and on how this Act 
        has improved security at that port. The Secretary shall provide 
        annual updates for that port in subsequent annual reports.
    (c) Annual Report on Maritime Security and Terrorism.--Section 905 
of the International Maritime and Port Security Act (46 U.S.C. App. 
1802) is amended by adding at the end thereof the following: 
``Beginning with the first report submitted under this section after 
the date of enactment of the Port and Maritime Security Act of 2001, 
the Secretary shall include a description of activities undertaken 
under title I of that Act and an analysis of the effect of those 
activities on port security against acts of terrorism.''.
    (d) Annual Report of Expenditure of Funds for Training of Maritime 
Security Professionals.--The Secretary shall transmit an annual report 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation and 
Infrastructure on the expenditure of appropriated funds and the 
development of training and certification programs under section 111 of 
this title.
    (e) Accounting.--The Commissioner of Customs shall submit a report 
for each of fiscal years 2002 through 2006 to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure on the expenditure of 
funds appropriated pursuant to section 113 of this title.
    (f) Report on Training Center.--The Commandant of the United States 
Coast Guard, in conjunction with the Secretary of the Navy, shall 
submit to Congress a report, at the time they submit their fiscal year 
2004 budget, on the life cycle costs and benefits of creating a Center 
for Coastal and Maritime Security. The purpose of the Center would be 
to provide an integrated training complex to prevent and mitigate 
terrorist threats against coastal and maritime assets of the United 
States, including ports, harbors, ships, dams, reservoirs, and 
transport nodes.

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

    (a) In General.--
            (1) Extension of duties.--Section 36 of the Act of August 
        5, 1909 (36 Stat. 111; 46 U.S.C. App. 121), is amended by 
        striking ``through 2002,'' each place it appears and inserting 
        ``through 2006,''.
            (2) Conforming amendment.--The Act entitled ``An Act 
        concerning tonnage duties on vessels entering otherwise than by 
        sea'', approved March 8, 1910 (36 Stat 234; 46 U.S.C. App. 
        132), is amended by striking ``through 2002,'' and inserting 
        ``through 2006,''.
    (b) Availability of Funds.--Amounts deposited in the general fund 
of the Treasury as receipts of tonnage charges collected as a result of 
the amendments made by subsection (a) shall be made available, only to 
the extent provided in advance in appropriations Act, in each of fiscal 
years 2003 through 2006 to carry out this title, as provided in 
sections 102(b), 103(b), 104(b), 110(f), 111(c), 112(a) and 114(b) of 
this title.
    (c) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, United States Code, duties collected under 
section 36 of the Act of August 5, 1909 (36 Stat. 111; 46 U.S.C. App. 
121) as amended by subsection (a)(1) of this section--
            (1) shall be credited as offsetting collections to the 
        account that finances the activities and services authorized by 
        sections 110, 112, and 114 of this Act, section 7(d), (e), and 
        (f) of the Ports and Waterways Safety Act (33 U.S.C. 2116(d), 
        (e), and (f)) (as added by sections 102, 103, and 104 of this 
        Act), and sections 1401 and 1402 of the Merchant Marine Act, 
        1936 (as added by section 111 of this Act);
            (2) shall be available for expenditure only to pay the 
        costs of such activities and services; and
            (3) shall remain available until expended.
    (c) Limitation; Deposit of Fees.--No amounts may be collected under 
section 36 of the Act of August 5, 1909 (36 Stat. 111; 46 U.S.C. App. 
121) as amended by subsection (a)(1) of this section, or credited as 
provided by subsection (b), except to the extent provided in advance in 
appropriations Acts. Such amounts shall be used in each of fiscal years 
2003 through 2006 as provided in sections 102(b), 103(b), 104(b), 
110(f), 111(c), 112(a) and 114(b) of this title.

SEC. 123. DEFINITIONS.

    In this title:
            (1) Captain-of-the-Port.--The term ``Captain-of-the-Port'' 
        means the United States Coast Guard's Captain-of-the-Port.
            (2) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Transportation.
            (4) Advisory Committee.--The term ``Advisory Committee'' 
        means the National Maritime Security Advisory Committee 
        established under section 7(d) of the Ports and Waterways 
        Safety Act (33 U.S.C. 1226(d)).
            (5) Marine terminal operator.--The term ``marine terminal 
        operator'' has the meaning given that term in section 1702(14) 
        of title 46, United States Code.

   TITLE II--ADDITIONAL MARITIME SAFETY AND SECURITY RELATED MEASURES

SEC. 201. EXTENSION OF DEEPWATER PORT ACT TO NATURAL GAS.

    The following provisions of the Deepwater Port Act of 1974 (33 
U.S.C. 1501 et seq.) are each amended by inserting ``or natural gas'' 
after ``oil'' each place it appears:
            (1) Section 2(a) (33 U.S.C. 1501(a)).
            (2) Section 3(9) (33 U.S.C. 1502(9)).
            (3) Section 4(a) (33 U.S.C. 1503(a)).
            (4) Section 5(c)(2)(G) and (H) (33 U.S.C. 1504(c)(2)(G) and 
        (H)).
            (5) Section 5(i)(2)(B) (33 U.S.C. 1504(i)(2)(B)).
            (6) Section 5(i)(3)(C) (33 U.S.C. 1504 (i)(3)(C)).
            (7) Section 8 (33 U.S.C. 1507).
            (8) Section 21(a) (33 U.S.C. 1520(a)).

SEC. 202. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS AND 
              ENHANCED USE OF OTHER SECURITY PERSONNEL.

    (a) In General.--Section 7(b) of the Ports and Waterways Safety Act 
(33 U.S.C. 1226(b)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (1);
            (2) by striking ``terrorism.'' in paragraph (2) and 
        inserting ``terrorism;'' and
            (3) by adding at the end the following:
            ``(3) dispatch properly trained and qualified armed Coast 
        Guard personnel aboard government, private, and commercial 
        structures and vessels to deter, prevent, or respond to acts of 
        terrorism or otherwise provide for the safety and security of 
        the port, waterways, facilities, marine environment, and 
        personnel; and
            ``(4) require the owner and operator of a commercial 
        structure or the owner, operator, charterer, master, or person 
        in charge of a vessel to provide the appropriate level of 
        security as necessary, including armed security.''.
    (b) Report on Use of Non-Coast Guard Personnel.--The Secretary of 
the department in which the Coast Guard is operating shall evaluate and 
report to the Congress on--
            (1) the potential use of Federal, State, or local 
        government personnel, and documented United States Merchant 
        Marine personnel, to supplement Coast Guard personnel under 
        section 7(b)(3) of the Ports and Waterways Safety Act (33 
        U.S.C. 1226(b)(3));
            (2) the possibility of using personnel other than Coast 
        Guard personnel to carry out Coast Guard personnel functions 
        under that section and whether additional legal authority would 
        be necessary to use such personnel for such functions; and
            (3) the possibility of utilizing the United States Merchant 
        Marine Academy or State maritime academies to provide training 
        carrying out duties under that section.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the department in which the Coast 
Guard is operating $13,000,000 in each of the fiscal years 2002-2006 to 
carry out section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 
1226(b)), all such funds to remain available until expended.

SEC. 203. NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.

    Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), 
as amended by section 106 of this Act, is amended by adding at the end 
the following:
    ``(i) National Maritime Transportation Security Plan.--
            ``(1) In general.--The Secretary, in consultation with 
        appropriate Federal agencies, shall prepare and publish a 
        National Maritime Transportation Security Plan for prevention 
        and response to maritime crime and terrorism. The Secretary 
        shall consult with the National Maritime Security Advisory 
        Committee in preparation of the National Maritime 
        Transportation Security Plan.
            ``(2) Contents of plan.--The Plan shall provide for 
        efficient, coordinated, and effective action to prevent and 
        respond to acts of maritime crime or terrorism, and shall 
        include--
                    ``(A) allocation of duties and responsibilities 
                among Federal departments and agencies in coordination 
                with State and local agencies and port authorities;
                    ``(B) identification, procurement, maintenance, and 
                storage of equipment and supplies;
                    ``(C) procedures and techniques to be employed in 
                preventing and responding to acts of crime or 
                terrorism;
                    ``(D) establishment of procedures for effective 
                liaison with State and local governments and emergency 
                responders including law enforcement and fire response;
                    ``(E) establishment of criteria and procedures to 
                ensure immediate and effective Federal identification 
                of, and response to, acts of maritime crime or 
                terrorism, that result in a substantial threat to the 
                welfare of the United States;
                    ``(F) designation of a Federal official to be the 
                Federal maritime security coordinator for each area for 
                which an area maritime security plan is required to be 
                prepared;
                    ``(G) establishment of procedures for the 
                coordination of activities of--
                            ``(i) Coast Guard maritime safety and 
                        security teams established under this section;
                            ``(ii) Federal maritime security 
                        coordinators;
                            ``(iii) area maritime security committees;
                            ``(iv) local port security committees; and
                            ``(v) the National Maritime Security 
                        Advisory Committee.
            ``(3) Revision authority.--The Secretary may, from time to 
        time, as the Secretary deems advisable, revise or otherwise 
        amend the National Maritime Transportation Security Plan.
            ``(4) Plan To Be Followed.--After publication of the Plan, 
        the planning and response to acts of maritime crime and 
        terrorism shall, to the greatest extent possible, be in 
        accordance with the Plan.
            ``(5) Copy to the Congress.--The Secretary shall furnish a 
        copy of the Plan to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives Committee 
        on Transportation and Infrastructure.''.

SEC. 204. AREA MARITIME SECURITY COMMITTEES AND AREA MARITIME SECURITY 
              PLANS.

    Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), 
as amended by section 203, is further amended by adding at the end the 
following:
    ``(j) Area Maritime Security Committees and Area Maritime Security 
Plans.--
            ``(1) In general.--There is established for each area 
        designated by the Secretary an area maritime security committee 
        comprised of members appointed by the Secretary. The Secretary 
        may designate any existing local port security committee as an 
        area maritime security committee for the purposes of this 
        subsection. The Federal Advisory Committee Act (5 U.S.C. App.) 
        does not apply to an area maritime security committee.
            ``(2) Function.--Each area maritime security committee, 
        under the direction of the Federal maritime security 
        coordinator for its area, shall--
                    ``(A) prepare an area maritime security plan for 
                its area; and
                    ``(B) work with State and local officials to 
                enhance the contingency planning of those officials and 
                to assure pre-planning of joint response efforts, 
                including appropriate procedures for prevention and 
                response to acts of maritime crime or terrorism.
            ``(3) Area maritime security plan requirement.--Each area 
        maritime security committee shall prepare an area maritime 
        security plan for its area and submit it to the Secretary for 
        approval. The area maritime security plan shall--
                    ``(A) when implemented in conjunction with the 
                national maritime transportation security plan, be 
                adequate to prevent or rapidly and effectively respond 
                to an act of maritime crime or terrorism in or near the 
                area;
                    ``(B) describe the area covered by the plan, 
                including the areas of population or special economic, 
                environmental or national security importance that 
                might be damaged by an act of maritime crime or 
                terrorism;
                    ``(C) describe in detail how the plan is integrated 
                with other area maritime security plans, facility 
                security plans, and vessel security plans under this 
                section;
                    ``(D) include any other information the Secretary 
                requires; and
                    ``(E) be updated periodically by the area maritime 
                security committee.
            ``(4) Review by secretary.--The Secretary shall--
                    ``(A) review and approve area maritime security 
                plans under this subsection; and
                    ``(B) periodically review previously approved area 
                maritime security plans.''.

SEC. 205. VESSEL SECURITY PLANS.

    (a) In General.--Section 4(a) of the Ports and Waterways Safety Act 
(33 U.S.C. 1223(a)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (4);
            (2) by striking ``environment.'' in paragraph (5) and 
        inserting ``environment; and''; and
            (3) by adding at the end the following:
            ``(6) may issue regulations establishing requirements for 
        vessel security plans and programs for vessels calling on 
        United States ports.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the department in which the Coast 
Guard is operating $2,000,000 for each of fiscal years 2002 through 
2006 to carry out section 4(a)(6) of the Ports and Waterways Safety Act 
(33 U.S.C. 1223(a)(6)), such sums to remain available until expended.

SEC. 206. PROTECTION OF SECURITY-RELATED INFORMATION.

    Section 7(c) of the Ports and Waterways Safety Act (33 U.S.C. 
1226(c)) is amended to read as follows:
    ``(c) Nondisclosure of Information.--Notwithstanding any other 
provision of law, information developed under this section, and vessel 
security plan information developed under section 4(a)(6) of this Act 
(33 USC 1223(a)(6)), is not required to be disclosed to the public. 
This includes information related to security plans, procedures, or 
programs for passenger vessels or passenger terminals authorized under 
this Act, and any other information, including maritime facility 
security plans, vessel security plans and port vulnerability 
assessments.''.

SEC. 207. ENHANCED CARGO IDENTIFICATION AND TRACKING.

    (a) Tracking Program.--The Secretaries of the Treasury and 
Transportation shall establish a joint task force to work with ocean 
shippers and ocean carriers in the development of performance standards 
for systems to track data for shipments, containers, and contents--
            (1) to improve the capacity of shippers and others to limit 
        cargo theft and tampering; and
            (2) to track the movement of cargo, through the Global 
        Positioning System or other systems, within the United States, 
        particularly for in-bond shipments.
    (b) Performance Standards for Anti-tampering Devices.--The 
Secretaries of the Treasury and Transportation shall work with the 
National Institutes of Standards and Technology to develop enhanced 
performance standards for in-bond seals and locks for use on or in 
containers used for water-borne cargo shipments.

SEC. 208. ENHANCED CREWMEMBER IDENTIFICATION.

    The Secretary of Transportation, in consultation with the Attorney 
General, may require crewmembers aboard vessels calling on United 
States ports to carry and present upon demand such identification as 
the Secretary determines.

            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.
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