II

106TH CONGRESS

2D SESSION S. 2965

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

greater security for United States seaports, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27, 2000

Mr. HOLLINGS (for himself, Mr. GRAHAM, Mr. BREAUX, and Mr. CLELAND)

introduced the following bill; which was read twice and referred to the

Committee on Commerce, Science, and Transportation

A BILL

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

program to ensure greater security for United States

seaports, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Port and Maritime

5 Security Act of 2000’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) There are 361 public seaports in the United

9 States which have a broad range of characteristics,
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1 and all of which are an integral part of our Nation’s

2 commerce.

3 (2) United States seaports conduct 95 percent

4 of United States international trade. Over the next

5 20 years, the total volume of imported and exported

6 goods at seaports is expected to increase three-fold.

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

8 carried out at seaports has greatly expanded. Bulk

9 cargo, containerized cargo, passenger cargo and

10 tourism, intermodal transportation systems, and

11 complex domestic and international trade relation12 ships have significantly changed the nature and con13 duct of seaport commerce.

14 (4) The top 50 seaports in the United States

15 account for about 90 percent of all the cargo ton16 nage. Twenty-five United States seaports account

17 for 98 percent of all container shipments. Cruise

18 ships visiting foreign destinations embark from 16

19 seaports.

20 (5) In the larger seaports, the activities can

21 stretch along a coast for many miles, including pub22 lic roads within their geographic boundaries. The fa23 cilities used to support arriving and departing cargo

24 are sometimes miles from the coast.
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1 (6) Seaports often are a major locus of Federal

2 crime, including drug trafficking, cargo theft, and

3 smuggling of contraband and aliens. The criminal

4 conspiracies often associated with these crimes can

5 pose threats to the people and critical infrastruc6 tures of seaport cities. Seaports that accept inter7 national cargo have a higher risk of international

8 crimes like drug and alien smuggling.

9 (7) Seaports are often very open and exposed,

10 and by their very nature, could pose to be threats

11 to large scale terrorism that could pose a threat to

12 coastal, Great Lake, or riverain populations. Seaport

13 terrorism could pose a significant threat to the abil14 ity of the United States to pursue its national secu15 rity objectives.

16 (8) United States seaports are international

17 boundaries, however, unlike United States airports

18 and land borders, United States seaports receive no

19 Federal funds for security infrastructure.

20 (9) Current inspection levels of containerized

21 cargo are insufficient to counter potential security

22 risks. Technology is currently not adequate to allow

23 for the non-intrusive inspection of containerized

24 cargo, but promising technology is in the process of
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1 being developed that could inspect cargo in a non2 intrusive and timely fashion.

3 (10) The burgeoning cruise ship industry poses

4 a special risk from a security perspective. The large

5 number of United States citizens sailing on inter6 national cruises provides an attractive target to ter7 rorists seeking to cause mass casualties. Approxi8 mately 80 percent of cruise line passengers are

9 United States citizens and 20 percent are aliens. Ap10 proximately 92 percent of crewmembers are aliens.

11 (11) Effective physical security and access con12 trol in seaports is fundamental to deterring and pre13 venting potential threats to seaport operations, cargo

14 shipments for smuggling or theft or other cargo

15 crimes.

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

17 and warehouses throughout the seaport, controlling

18 the movements of trucks transporting cargo through

19 the seaport, and searching containers, warehouses,

20 and ships at berth or in the harbor are all important

21 requirements that should be implemented.

22 (13) Identification procedures for arriving

23 workers and deterring and preventing internal con24 spiracies are increasingly important.
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1 (14) On April 27, 1999, the President estab2 lished the Interagency Commission on Crime and

3 Security in United States Seaports to undertake a

4 comprehensive study of the nature and extent of the

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

6 in which governments at all levels are responding.

7 (15) The Commission has issued preliminary

8 findings that indicate the following:

9 (A) Frequent crimes in seaports include

10 drug smuggling, illegal car exports, fraud (in11 cluding Intellectual Property Rights and other

12 trade violations), and cargo theft.

13 (B) Data about crime in seaports have

14 been very difficult to collect.

15 (C) Internal conspiracies are an issue at

16 many seaports, and contribute to Federal

17 crime.

18 (D) Intelligence and information sharing

19 among law enforcement agencies needs to be

20 improved at many seaports.

21 (E) Many seaports do not have any idea

22 about the threats they face from crime, ter23 rorism, and other security-related activities be24 cause vulnerability assessments are not per25 formed locally.
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1 (F) A lack of minimum physical, proce2 dural, and personnel security standards at sea3 ports and at terminals, warehouses, trucking

4 firms, and related facilities leaves many sea5 ports and seaport users vulnerable to theft, pil6 ferage, and unauthorized access by criminals.

7 (G) Access to seaports and operations

8 within seaports is often uncontrolled.

9 (H) Coordination and cooperation between

10 law enforcement agencies in the field is often

11 fragmented.

12 (I) Meetings between law enforcement per13 sonnel, carriers, and seaport authorities regard14 ing security are not being held routinely in the

15 seaports. These meetings could increase coordi16 nation and cooperation at the local level.

17 (J) Security-related equipment such as

18 small boats, cameras, and vessel tracking de19 vices is lacking at many seaports.

20 (K) Detection equipment such as large21 scale x-ray machines is lacking at many high22 risk seaports.

23 (L) A lack of timely, accurate, and com24 plete manifest (including in-bond) and trade
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1 (entry, importer, etc.) data negatively impacts

2 law enforcement’s ability to function effectively.

3 (M) Criminal organizations are exploiting

4 weak security in seaports and related inter5 modal connections to commit a wide range of

6 cargo crimes. Levels of containerized cargo vol7 umes are forecasted to increase significantly,

8 which will create more opportunities for crime

9 while lowering the statistical risk of detection

10 and interdiction.

11 (16) United States seaports are international

12 boundaries that—

13 (A) are particularly vulnerable to threats

14 of drug smuggling, illegal alien smuggling,

15 cargo theft, illegal entry of cargo and contra16 band;

17 (B) may present weaknesses in the ability

18 of the United States to realize its national secu19 rity objectives; and

20 (C) may serve as a vector for terrorist at21 tacks aimed at the population of the United

22 States.

23 (17) It is in the best interests of the United

24 States—
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1 (A) to increase United States seaport secu2 rity by establishing a better method of commu3 nication amongst law enforcement officials re4 sponsible for seaport boundary, security, and

5 trade issues;

6 (B) to formulate standards for physical

7 seaport security needs, recognizing the different

8 character and nature of United States seaports;

9 (C) to provide financial incentives to help

10 the States and private sector to increase phys11 ical security of United States seaports;

12 (D) to invest in long-term technology to fa13 cilitate the private sector development of tech14 nology that will assist in the non-intrusive time15 ly detection of crime or potential crime;

16 (E) to harmonize data collection on sea17 port-related and other cargo theft, in order to

18 address areas of potential threat to safety and

19 security;

20 (F) to create shared inspection facilities to

21 help facilitate the timely and efficient inspection

22 of people and cargo in United States seaports;

23 and

24 (G) to improve Customs reporting proce25 dures to enhance the potential detection of
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1 crime in advance of arrival or departure of car2 goes.

3 SEC. 3. COAST GUARD PORT SECURITY TASK FORCE.

4 (a) ESTABLISHMENT.—The Commandant of the

5 Coast Guard, in cooperation with the Maritime Adminis6 tration and the United States Customs Service, shall es7 tablish a Port Security Task Force—

8 (1) to implement the provisions of this Act;

9 (2) to coordinate programs to enhance the secu10 rity and safety of United States seaports;

11 (3) to provide long-term solutions for seaport

12 safety issues;

13 (4) to coordinate the security operations of local

14 seaport security committees; and

15 (5) to ensure that the public and local seaport

16 security committees are kept informed about seaport

17 security enhancement developments.

18 (b) MEMBERSHIP; CONSULTATION.—The Task Force

19 shall include representatives of the Maritime Administra20 tion and the United States Customs Service. In carrying

21 out its responsibilities under this Act, the Task Force shall

22 consult with other departments and agencies of the United

23 States, States, and local governments with an interest in

24 port security and port security-related matters, and with

25 representatives of the private sector with an interest or
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1 expertise in port security and port security-related mat2 ters.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Secretary of

5 Transportation for activities of the Task Force—

6 (1) $5,000,000 for each of fiscal years 2003

7 and 2004; and

8 (2) $3,000,000 for each of fiscal years 2005

9 and 2006.

10 SEC. 4. PORT SECURITY THREAT ASSESSMENTS.

11 (a) IN GENERAL.—The Task Force shall develop

12 standards and procedures for the conduct of seaport secu13 rity threat assessments for United States seaports, and

14 for the review and revision, if necessary, of those assess15 ments not less frequently than triennially.

16 (b) MAPS AND CHARTS.—

17 (1) COLLECTION AND DISTRIBUTION.—The

18 Task Force shall, working through local seaport se19 curity committees where appropriate

20 (A) collect maps and charts of all United

21 States seaports that clearly indicate the location

22 of infrastructure and overt-security equipment;

23 and

24 (B) make those maps and charts available,

25 on a secure and confidential basis, to—
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1 (i) the Maritime Administration;

2 (ii) the United States Coast Guard;

3 (iii) the United States Customs Serv4 ice;

5 (iv) the Department of Defense; and

6 (v) the Federal Bureau of Investiga7 tion.

8 (2) OTHER AGENCIES.—The Task Force shall

9 establish a process for providing relevant maps and

10 charts collected under paragraph (1), and other rel11 evant material, available, on a secure and confiden12 tial basis, to appropriate Federal, State, and local

13 government agencies, and seaport authorities, for

14 the purpose of obtaining the comments of those

15 agencies and before making a seaport vulnerability

16 threat assessment for each such seaport.

17 (3) SECURE STORAGE AND LIMITED ACCESS.—

18 The Task Force shall establish, in cooperation with

19 appropriate government agencies, procedures that

20 ensure that maps, charts, and other material made

21 available to Federal, State, and local government

22 agencies, seaport authorities, and local seaport secu23 rity committees are maintained in a secure and con24 fidential manner and that access thereto is limited

25 appropriately.
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1 (c) PUBLIC INFORMATION.—Notwithstanding section

2 7(c) of the Ports and Waterways Safety Act (33 U.S.C.

3 1226(c)), the Task Force shall, from time to time and uti4 lizing such media (including the Internet) as may be ap5 propriate, make information available to the public about

6 the assessments made under this section in a form that

7 does not compromise, or present a threat to the disclosure

8 of security-sensitive information about, those assessments.

9 SEC. 5. SECURITY GUIDELINES.

10 (a) IN GENERAL.—The Task Force shall develop vol11 untary minimum security guidelines that—

12 (1) are linked to the United States Coast Guard

13 Captain-of-the-Port controls for maritime trade;

14 (2) include a model seaport concept; and

15 (3) include a set of recommended ‘‘best prac16 tices’’ guidelines for the use of maritime terminal

17 operators.

18 (b) REVISION.—The Task Force shall review the

19 guidelines developed under subsection (a) not less fre20 quently than every 5 years and revise them as necessary.

21 (c) COMPLIANCE ENHANCEMENT.—If the Task

22 Force finds, after the voluntary guidelines established

23 under subsection (a) have been in effect for a reasonable

24 period of time, that an appropriate increase in security

25 has not occurred under the voluntary guidelines, or that
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1 there are inconsistencies in the application of the guide2 lines that need to be addressed in order to improve seaport

3 security generally, then the United States Coast Guard

4 and the United States Customs Service shall, at its re5 quest, initiate rulemaking procedures or take other appro6 priate action to require compliance with the guidelines.

7 (d) MINIMUM STANDARDS.—The guidelines devel8 oped under subsection (a) shall include guidelines that

9 meet the following minimum standards:

10 (1) GENERAL SECURITY.—The establishment of

11 uniform practices for physical security of seaport

12 areas and approaches, procedural security for proc13 essing passengers, cargo, and crewmembers, and

14 personnel security for employment of individuals and

15 service providers.

16 (2) ACCESS TO SENSITIVE AREAS.—The use of

17 a credentials process, administered by public or pri18 vate sector security services, to limit access to sen19 sitive areas. In connection with this standard, the

20 Task Force shall consider the desirability and feasi21 bility of utilizing criminal background checks to as22 sist in determining access to restricted or sensitive

23 areas at seaports generally or on a seaport-by-sea24 port basis.
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1 (3) VEHICULAR ACCESS.—The use of restric2 tions on vehicular access to seaport areas and facili3 ties, including requirements that seaport authorities

4 and primary users of seaports implement procedures

5 that achieve appropriate levels of control of vehicular

6 access and accountability for enforcement of con7 trolled access by vehicles.

8 (4) FIREARMS.—Restrictions on carrying fire9 arms.

10 (5) CERTIFICATION OF PRIVATE SECURITY OF11 FICERS.—A private security officer certification pro12 gram to improve the professionalism of seaport secu13 rity officers.

14 (e) MARITIME ADMINISTRATION; PORT ACCREDITA15 TION PROGRAM.—Except as provided in subsection (c),

16 the Maritime Administration shall make every effort to

17 have the guidelines developed under subsection (a) adopt18 ed by appropriate organizations as voluntary guidelines

19 and shall establish a program for the private sector ac20 creditation of seaports that implement the guidelines.

21 (f) COAST GUARD; INTERNATIONAL APPLICATION.—

22 Except as provided in subsection (c), the Coast Guard

23 shall make every effort to have the guidelines developed

24 under subsection (a) by appropriate international organi25 zations as voluntary guidelines and shall, acting through
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1 appropriate officers of the United States Government,

2 seek to encourage the development and adoption of sea3 port security guidelines under international agreements in

4 other countries where adoption of the same or similar

5 guidelines might be appropriate.

6 (g) NO EROSION OF OTHER AUTHORITY.—Nothing

7 in this section precludes any agency, instrumentality, or

8 department of the United States from exercising, or limits

9 its authority to exercise, any other statutory or regulatory

10 authority to initiate security standards.

11 SEC. 6. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.

12 (a) IN GENERAL.—Title XI of the Merchant Marine

13 Act, 1936 (46 U.S.C. App. 1101 et seq.) is amended by

14 adding at the end thereof the following:

15 ‘‘SEC. 1113. LOAN GUARANTEES FOR PORT SECURITY IN16 FRASTRUCTURE IMPROVEMENTS.

17 ‘‘(a) IN GENERAL.—The Secretary, under section

18 1103(a) and subject to the terms the Secretary shall pre19 scribe and after consultation with the United States Coast

20 Guard, the United States Customs Service, and the Port

21 Security Task Force established under section 3 of the

22 Port and Maritime Security Act of 2000, may guarantee

23 or make a commitment to guarantee the payment of the

24 principal of, and the interest on, an obligation for seaport

25 security infrastructure improvements for an eligible
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1 project at any United States seaport involved in inter2 national trade.

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

4 guarantee under this section are subject to the extent ap5 plicable to all the laws, requirements, regulations, and pro6 cedures that apply to guarantees or commitments to guar7 antee made under this title.

8 ‘‘(c) TRANSFER OF FUNDS.—The Secretary may ac9 cept the transfer of funds from any other department,

10 agency, or instrumentality of the United States Govern11 ment and may use those funds to cover the cost (as de12 fined in section 502 of the Federal Credit Reform Act of

13 1990 (2 U.S.C. 61a)) of making guarantees or commit14 ments to guarantee loans entered into under this section.

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

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

17 is for the construction or acquisition of—

18 ‘‘(1) equipment or facilities to be used for sea19 port security monitoring and recording;

20 ‘‘(2) security gates and fencing;

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

22 ‘‘(4) remote surveillance systems;

23 ‘‘(5) concealed video systems; or
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1 ‘‘(6) other security infrastructure or equipment

2 that contributes to the overall security of passengers,

3 cargo, or crewmembers.’’.

4 (b) ANNUAL ACCOUNTING.—The Secretary of Trans5 portation shall submit an annual summary of loan guaran6 tees and commitments to make loan guarantees under sec7 tion 1113 of the Merchant Marine Act, 1936, to the Task

8 Force. The Task Force shall make that information avail9 able to the public and to local seaport security committees

10 through appropriate media of communication, including

11 the Internet.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Secretary of

14 Transportation—

15 (1) $10,000,000 for each of the fiscal years

16 2003, 2004, 2005, and 2006 as guaranteed loan

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

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

19 (2) $2,000,000 for each such fiscal year to

20 cover administrative expenses related to loan guar21 antees.

22 SEC. 7. RESEARCH AND DEVELOPMENT.

23 (a) GRANT PROGRAM.—The United States Customs

24 Service, after consultation with the Task Force, shall es25 tablish a grant program to develop and transfer tech-
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1 nology to enhance security at United States seaports.

2 Grants shall be awarded on the basis of competition. The

3 maximum amount of any grant of funds made available

4 under the program to a participant other than a depart5 ment or agency of the United States for a technology de6 velopment project may not exceed 50 percent of costs of

7 that project.

8 (b) ANNUAL ACCOUNTING.—The United States Cus9 tom Service shall submit an annual summary of grants

10 under subsection (a) to the Task Force. The Task Force

11 shall make that information available to the public and

12 to local seaport security committees through appropriate

13 media of communication, including the Internet.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to the Secretary of the

16 Treasury—

17 (1) $12,000,000 for each of fiscal years 2003

18 and 2004, and $14,000,000 for each of fiscal years

19 2005 and 2006, to carry out subsection (a); and

20 (2) $3,000,000 for each such fiscal year to in21 crease United States Customs Service presence at

22 United States seaports and to carry out its duties

23 under this Act.
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1 SEC. 8. ANNUAL REPORT ON MARITIME SECURITY AND

2 TERRORISM.

3 Section 905 of the International Maritime and Post

4 Security Act (46 U.S.C. App. 1802) is amended by adding

5 at the end thereof the following: ‘‘Beginning with the first

6 report submitted under this section after the date of en7 actment of the Port and Maritime Security Act of 2000,

8 the Secretary shall include a description of activities un9 dertaken under that Act and an analysis of the effect of

10 those activities on seaport security against acts of ter11 rorism.’’.

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

13 The Secretary of Transportation, acting through the

14 Maritime Administration and after consultation with the

15 Task Force and the United States Coast Guard, shall pub16 lish a revised version of the document entitled ‘‘Port Secu17 rity: A National Planning Guide’’, incorporating the

18 guidelines promulgated under section 5, within 3 years

19 after the date of enactment of this Act, and make that

20 document available on the Internet.

21 SEC. 10. ESTABLISHMENT OF LOCAL PORT SECURITY COM22 MITTEES.

23 (a) IN GENERAL.—The United States Coast Guard

24 shall establish seaport security committees—

25 (1) to utilize the information made available

26 under this Act;
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1 (2) to implement port security threat assess2 ments promulgated under section 4; and

3 (3) to implement the guidelines promulgated

4 under section 5.

5 (b) MEMBERSHIP.—In establishing those committees,

6 the United States Coast Guard may utilize or augment

7 any existing harbor safety committee or seaport readiness

8 committee, but the membership of the seaport security

9 committee shall include representatives of—

10 (1) the port authority;

11 (2) Federal, State and local government;

12 (3) labor organizations; and

13 (4) the private sector.

14 (c) CHAIRMAN.—The local seaport security com15 mittee shall be chaired by the United States Coast Guard’s

16 Captain-of-the-Port.

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to the Secretary of the

19 Department in which the Coast Guard is operating

20 $3,000,000 for each of fiscal years 2003, 2004, 2005, and

21 2006 to carry out this section.

22 SEC. 11. ATTORNEY GENERAL TO COORDINATE PORT-RE23 LATED CRIME DATA COLLECTION.

24 (a) IN GENERAL.—The Attorney General of the

25 United States shall—
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1 (1) require, to the extent feasible, United States

2 government agencies with significant regulatory or

3 law enforcement responsibilities at United States

4 seaports to modify their information databases to

5 ensure the collection and retrievability of data relat6 ing to crime at or affecting such seaports;

7 (2) evaluate the feasibility of capturing data on

8 cargo theft offenses (including such offenses occur9 ring outside such seaports) through the National In10 cident-Based Reporting System, and, if feasible, im11 plement its capture; and

12 (3) in conjunction with the Task Force, estab13 lish an outreach program to work with State law en14 forcement officials to harmonize the reporting of

15 data on cargo theft among the States and with the

16 United States government’s reports.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to the Attorney General

19 $2,000,000 for each of fiscal years 2003, 2004, 2005, and

20 2006, to modify existing data bases to capture data on

21 cargo theft offenses through the National Incident-Based

22 Reporting System and to make grants to States to har23 monize data on cargo theft.
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1 SEC. 12. SHARED DOCKSIDE INSPECTION FACILITIES.

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

3 the Secretary of Agriculture, the Secretary of Transpor4 tation, and the Attorney General shall work with each

5 other, the Task Force, and the States to establish shared

6 dockside inspection facilities at United States seaports for

7 Federal and State agencies.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to the Secretary of

10 Transportation $3,000,000 for each of fiscal years 2003,

11 2004, 2005, and 2006, to establish shared dockside in12 spection facilities at United States seaports in consulta13 tion with the Secretary of the Treasury, the Secretary of

14 Agriculture, and the Attorney General.

15 SEC. 13. IMPROVED CUSTOMS REPORTING PROCEDURES.

16 (a) IN GENERAL.—The United States Customs Serv17 ice shall improve reporting of imports at United States

18 seaports—

19 (1) by promulgating regulations to require all

20 ocean manifests to be transmitted in electronic form

21 to the Service in sufficient time for the information

22 to be used effectively by the Service;

23 (2) by promulgating regulations to require all

24 entries of goods, including in-bond entries, to pro25 vide the same information required for entries of

26 goods released into the commerce of the United
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1 States to the Service before the goods are released

2 for shipment from the seaport of first arrival; and

3 (3) by distributing the information described in

4 paragraphs (1) and (2) on a real-time basis to any

5 Federal, State, or local government agency that has

6 a regulatory or law-enforcement interest in the

7 goods.

8 (b) PAPERWORK ELIMINATION.—

9 (1) Section 433(a)(1)(C) of the Tariff Act of

10 1930 (19 U.S.C. 1433(a)(1)(C)) is amended by

11 striking ‘‘bonded merchandise, or’’.

12 (2) Section 434(a)(3) of that Act (19 U.S.C.

13 1434(a)(3)) is amended by striking ‘‘bonded mer14 chandise or’’.

15 (3) Section 4197(a)(2) of the Revised Statutes

16 (46 U.S.C. App. 91(a)(2)) is amended by striking

17 ‘‘bonded merchandise or’’.

18 SEC. 14. 4-YEAR REAUTHORIZATION OF TONNAGE DUTIES.

19 (a) IN GENERAL.—

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

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

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

23 each place it appears and inserting ‘‘through 2006’’.

24 (2) CONFORMING AMENDMENT.—The Act enti25 tled ‘‘An Act concerning tonnage duties on vessels
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1 entering otherwise than by sea’’, approved March 8,

2 1910 (36 Stat 234; 46 U.S.C. App. 132) is amended

3 by striking ‘‘through 2002,’’ and inserting ‘‘through

4 2006,’’.

5 (b) AVAILABILITY OF FUNDS.—From amounts de6 posited in the general fund of the Treasury as receipts

7 of tonnage charges collected as a result of the amendments

8 made by subsection (a), $40,000,000 shall be made avail9 able in each of fiscal years 2003, 2004, 2004, and 2006

10 to carry out this Act.

11 SEC. 15. DEFINITIONS.

12 In this Act:

13 (1) SECRETARY.—Except as otherwise provided,

14 the term ‘‘Secretary’’ means the Secretary of Trans15 portation.

16 (2) TASK FORCE.—The term ‘‘Task Force’’

17 means the Port Security Task Force established

18 under section 3.

Æ