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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4355 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4355

   To strengthen port security by establishing an improved container 
security regime, to expand on the Maritime Transportation Security Act 
 of 2002, to strengthen the Coast Guard port security mission, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2004

 Ms. Loretta Sanchez of California (for herself, Mr. Turner of Texas, 
    Mr. Markey, Mr. Dicks, Ms. Harman, Mr. DeFazio, Mrs. Lowey, Mr. 
   Andrews, Ms. McCarthy of Missouri, Ms. Jackson-Lee of Texas, Mrs. 
   Christensen, Mr. Langevin, Mr. Meek of Florida, and Mr. Chandler) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To strengthen port security by establishing an improved container 
security regime, to expand on the Maritime Transportation Security Act 
 of 2002, to strengthen the Coast Guard port security mission, 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.

    This Act may be cited as the ``Secure Containers from Overseas and 
Seaports from Terrorism Act'' or the ``Secure COAST Act''.

   TITLE I--BUREAU OF CUSTOMS AND BORDER PROTECTION SECURITY PROGRAMS

SEC. 101. AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.

    (a) In General.--Title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.) is amended by adding at the end the following new 
subtitle:

``Subtitle G--Bureau of Customs and Border Protection Security Programs

``SEC. 481. STANDARDS AND VERIFICATION PROCEDURES FOR THE SECURITY OF 
              MARITIME CARGO CONTAINERS.

    ``(a) Standards and Verification Procedures.--Not later than 180 
days after the date of the enactment of the Secure COAST Act, the 
Secretary, acting through the Under Secretary for Border and 
Transportation Security, shall establish standards and verification 
procedures for the security of maritime cargo containers moving within 
the intermodal transportation system, including standards for sealing 
and procedures for seal verifications for cargo containers at loading.
    ``(b) Requirements.--The standards and verification procedures 
established pursuant to subsection (a) shall be consistent with the 
cargo container security recommendations of Operation Safe Commerce, 
the interagency Container Working Group, and the Smart and Secure Trade 
Lane program and shall meet the following additional requirements:
            ``(1) Seal standards.--Maritime cargo containers shall at a 
        minimum be affixed with a security seal equivalent to the level 
        `D' high security seal (as certified by the International 
        Organization for Standardization (ISO); Certification No. 
        17712) at loading.
            ``(2) Seal verification.--Procedures shall be established 
        for the verification of security seals described in paragraph 
        (1), including procedures to determine which individuals and 
        entities in the intermodal transportation system are 
        responsible for sealing maritime cargo containers, recording of 
        seal numbers, changes to such numbers if a container is opened, 
        and anomalies relating to security seals.
    ``(c) Evaluation of Container Tracking Technologies, Container 
Targeting, and Security of Empty Containers.--
            ``(1) Evaluation.--The Secretary, acting through the Under 
        Secretary for Border and Transportation Security, shall carry 
        out the following:
                    ``(A) Container tracking technologies.--The 
                Secretary shall evaluate the security benefits of 
                existing technology for container tracking from the 
                point of loading to its final destination, such as 
                electronic seals or intrusion detection devices that 
                can detect a physical breach of a container. In 
                addition to determining the security benefits, the 
                Secretary shall determine the costs, infrastructure, 
                communication system, required to deploy such 
                technology in the intermodal transportation system, 
                including incentives for investment in such technology.
                    ``(B) Container targeting.--The Secretary shall 
                evaluate trade information, in addition to cargo 
                manifest information, such as purchase orders, port of 
                origin data, and transshipment data, which would 
                improve the ability of the Bureau of Customs and Border 
                Protection to carry out risk analysis of containers.
                    ``(C) Security of empty containers.--The Secretary 
                shall evaluate the practices and policies in place to 
                secure shipment of empty containers at United States 
                ports and shall develop recommendations with respect to 
                whether additional regulations or legislation is 
                necessary to ensure the safe and secure delivery of 
                cargo and to prevent potential acts of terrorism 
                involving such containers.
            ``(2) Report.--Not later than 180 days after the date of 
        the enactment of the Secure COAST Act, the Secretary shall 
        prepare and submit to the appropriate congressional committees 
        a report that contains the results of the evaluations carried 
        out under paragraph (1), including any recommendations thereto.

``SEC. 482. VALIDATION OF SECURITY MEASURES UNDER THE C-TPAT PROGRAM.

    ``(a) General Validation.--Not later than September 30, 2005, and 
on an annual basis thereafter, the Commissioner of the Bureau of 
Customs and Border Protection shall conduct on site validations of each 
individual and entity participating in the C-TPAT program to ensure 
that the individual or entity is implementing appropriate security 
measures under the program. The Commissioner may certify private 
security companies to carry out the validation process described in the 
preceding sentence.
    ``(b) Specific Validation.--The Commissioner shall establish 
inspection teams under the C-TPAT program to evaluate the program's 
security requirements and, as circumstances warrant, to carry out 
unannounced inspections of individuals and entities participating in 
the program to ensure compliance with the security requirements.
    ``(c) Penalties for Non-Compliance.--The Commissioner shall 
establish penalties for non-compliance with the requirements of the C-
TPAT program by individuals and entities participating in the program, 
including probation or expulsion from the program, as appropriate.

``SEC. 483. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT; 
              INTEGRATED CARGO INSPECTION SYSTEM.

    ``(a) Deployment of Radiation Detection Portal Equipment.--
            ``(1) Deployment.--Not later than September 30, 2005, the 
        Commissioner of the Bureau of Customs and Border Protection 
        shall deploy radiation detection portal equipment at all United 
        States seaports, other United States ports of entry, and major 
        facilities as determined by the Secretary.
            ``(2) Report.--Not later than December 31, 2004, the 
        Commissioner shall submit to the appropriate congressional 
        committees a report on the implementation of the requirement 
        under paragraph (1).
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Commissioner $297,000,000 for fiscal 
        year 2005 to carry out this subsection.
    ``(b) Integrated Cargo Inspection System.--
            ``(1) Plan.--The Commissioner of the Bureau of Customs and 
        Border Protection shall develop a plan to integrate radiation 
        detection portal equipment with gamma-ray inspection technology 
        equipment at United States seaports and foreign seaports that 
        are participating the Container Security Initiative in order to 
        facilitate the detection of nuclear weapons in maritime cargo 
        containers. Such plan shall include methods for automatic 
        identification of containers and vehicles for inspection in a 
        timely manner and a data sharing network capable of 
        transmitting gamma-ray images and cargo data among relevant 
        ports and the National Targeting Center of the Bureau of 
        Customs and Border Protection.
            ``(2) Report.--Not later than 180 days after the date of 
        the enactment of the Secure COAST Act, the Commissioner shall 
        prepare and submit to the appropriate congressional committees 
        a report that contains--
                    ``(A) a description of the plan developed under 
                paragraph (1), including any infrastructure 
                improvements required at the seaports involved;
                    ``(B) an estimate of the costs associated with 
                implementation of the plan; and
                    ``(C) an estimate of the timeframe for 
                implementation of the plan.

``SEC. 484. STAFFING ASSESSMENT OF SEAPORT SECURITY MISSIONS.

    ``(a) Study.--The Commissioner of the Bureau of Customs and Border 
Protection shall conduct a study to determine the number of Bureau 
inspectors and other appropriate personnel that should be stationed at 
United States seaports and foreign seaports that are participating in 
the Container Security Initiative (CSI) to support increased 
inspections of low risk cargo, deployment of personnel at foreign 
seaports for a period of at least one year, and the manning of 
radiation portal monitors installed at such seaports. In determining 
such number of Bureau inspectors, the Commissioner shall take into 
account the requirements contained in the other sections of this 
subtitle.
    ``(b) Report.--Not later than 180 days after the date of the 
enactment of the Secure COAST Act, the Commissioner shall prepare and 
submit to the appropriate congressional committees a report that 
contains the results of the study conducted under subsection (a).

``SEC. 485. CSI REPORT.

    ``Not later than 180 days after the date of the enactment of the 
Secure COAST Act, and on an annual basis thereafter, the Secretary, 
acting through the Commissioner of the Bureau of Customs and Border 
Protection, shall prepare and submit to the appropriate congressional 
committees a report that contains all cargo inspection data at foreign 
seaports participating in the Container Security Initiative (CSI) for 
the prior year. The initial report shall include the plan for the 
`strategic port' phase of the CSI.

``SEC. 486. DEFINITIONS.

    ``In this subtitle:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Appropriations, the 
                Committee on Ways and Means, the Select Committee on 
                Homeland Security (or any successor committee), and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives; and
                    ``(B) the Committee on Appropriations, the 
                Committee on Finance, the Committee on Commerce, 
                Science, and Transportation, and the Committee on 
                Governmental Affairs of the Senate.
            ``(2) Bureau of customs and border protection or bureau.--
        The term `Bureau of Customs and Border Protection' or `Bureau' 
        means the Bureau of Customs and Border Protection of the 
        Department.
            ``(3) Commissioner.--The term `Commissioner' means the 
        Commissioner of the Bureau of Customs and Border Protection.
            ``(4) Container security initiative or csi.--The term 
        `Container Security Initiative' or `CSI' means the program 
        carried out by the Bureau of Customs and Border Protection 
        under which Bureau personnel are deployed to major seaports 
        outside the United States to work with their host country 
        counterparts to--
                    ``(A) establish security criteria to identify high-
                risk maritime cargo containers bound for the United 
                States based on advance information;
                    ``(B) identify and pre-screen such maritime cargo 
                containers for chemical, biological, or nuclear weapons 
                through examination or inspection; and
                    ``(C) develop secure or `smart' maritime cargo 
                containers.
            ``(5) C-TPAT program.--The term `C-TPAT program' means the 
        Customs-Trade Partnership Against Terrorism program carried out 
        by the Bureau of Customs and Border Protection under which 
        importers, brokers, air, sea, and land carriers, and other 
        individuals and entities in the intermodal transportation 
        system voluntarily enter into partnerships with the Bureau to 
        establish and carry out a validation process to ensure that 
        participants are implementing appropriate security measures to 
        protect the system from being compromised by individual 
        terrorists and terrorist organizations.
            ``(6) Interagency container working group.--The term 
        `Interagency Container Working Group' means the working group 
        consisting of representatives of the former United States 
        Customs Service and the National Infrastructure Security 
        Committee of the Department of Transportation that provided 
        recommendations relating to the security of intermodal cargo 
        containers to the Office of Homeland Security in the Executive 
        Office of the President.
            ``(7) Operation safe commerce.--The term `Operation Safe 
        Commerce' means the program carried out by the Department of 
        Transportation and the Bureau of Customs and Border Protection 
        to fund business initiatives designed to enhance security for 
        maritime cargo containers moving within the intermodal 
        transportation system.
            ``(8) Smart and secure trade lane program.--The term `Smart 
        and Secure Trade Lane Program' means the program carried out by 
        the intermodal transportation industry to provide security and 
        ensure efficiency throughout the intermodal transportation 
        system, specifically by developing technology to improve the 
        security of intermodal cargo containers and to improve 
        information sharing within the industry relating to such 
        security and efficiency.''
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the items 
relating to subtitle F of title IV the following new items:

``Subtitle G--Bureau of Customs and Border Protection Security Programs

``Sec. 481. Standards for the security of maritime cargo containers.
``Sec. 482. Validation of security measures under the C-TPAT program.
``Sec. 483. Deployment of radiation detection portal equipment; 
                            integrated cargo inspection system.
``Sec. 484. Staffing assessment of seaport security missions.
``Sec. 485. CSI report.
``Sec. 486. Definitions.''.

SEC. 102. REMOVAL AND STORAGE OF UNCLAIMED MERCHANDISE.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended--
            (1) by redesignating section 70117 as section 70118; and
            (2) by inserting after section 70116 the following new 
        section:
``Sec. 70117. Removal and storage of unclaimed merchandise
    ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary shall require any uncleared, imported merchandise remaining 
on the pier or wharf onto which it was unladen for more than 7 calendar 
days to be removed from the pier or wharf and deposited in the public 
stores or a general order warehouse, where it shall be inspected for 
determination of contents, and thereafter a permit for its delivery may 
be granted.
    ``(b) Penalty.--The Secretary may impose an administrative penalty 
of $5,000 for each bill of lading for general order merchandise 
remaining on a wharf or pier in violation of subsection (a).''.
    (b) Clerical Amendment.--The chapter analysis for chapter 701 of 
title 46, United States Code, is amended by striking the last item and 
inserting the following:

``70117. Removal and storage of unclaimed merchandise.
``70118. Civil penalty.''.

                        TITLE II--PORT SECURITY

SEC. 201. ADMINISTRATION OF PORT SECURITY GRANTS BY SECRETARY OF 
              HOMELAND SECURITY.

    (a) Grant Authority.--Section 70107(a) of title 46, United States 
Code, is amended to read as follows:
    ``(a) Grant Authority.--The Under Secretary for Border and 
Transportation Security of the Department of Homeland Security shall 
establish a grant program for making a fair and equitable allocation of 
funds to implement Area Maritime Transportation Security Plans and to 
help fund compliance with Federal security plan among port authorities, 
facility operators, and State and local agencies required to provide 
security services. Grants shall be made on the basis of the need to 
address vulnerabilities in security subject to review and comment by 
the appropriate Federal Maritime Security Coordinators and the Maritime 
Administration. The grant program shall take into account national 
economic and strategic defense concerns and shall be coordinated with 
the Director of the Office of Domestic Preparedness to ensure that the 
grant process is consistent with other Department of Homeland Security 
grant programs.''.
    (b) Letter of Intent.--
            (1) Authority to issue.--The Secretary of Homeland Security 
        may issue a letter of intent to a seaport committing to 
        obligate from future budget authority available for grants 
        under section 70107 of title 46, United States Code,, an amount 
        equal to not more than the Federal share of the costs of a 
        security improvement project (including project design and 
        interest costs) having a total cost of $10,000,000 or more.
            (2) Notice to congress.--The Secretary shall transmit to 
        the Committees on Appropriations and Homeland Security of the 
        House of Representatives and the Committees on Appropriations 
        and Commerce, Science, and Transportation of the Senate a 
        written notification at least 3 days before the issuance of a 
        letter of intent under this subsection.
            (3)  limitations.--A letter of intent issued under this 
        subsection is not an obligation of the Government for purposes 
        of section 1501 of title 31, United States Code, and shall not 
        be considered to be an administrative commitment for financing. 
        An obligation or administrative commitment pursuant to a letter 
        of intent issued under this subsection may be made only as 
        amounts are provided in appropriations Acts to carry out the 
        project that is the subject of the letter.
            (4) Statutory construction.--Nothing in this subsection 
        shall be construed to prohibit the obligation of amounts 
        pursuant to a letter of intent under this subsection in the 
        same fiscal year as the letter of intent is issued.
            (5) Application of additional requirements.--The Secretary 
        may require as a condition for issuance of a letter of intent 
        under this subsection such reasonable administrative 
        requirements as may be necessary to carry out this Act.

SEC. 202. PORT SECURITY GRANT FUNDING.

    Section 70107(h) of title 46, United States Code, is amended to 
read as follows:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out subsections (a) through 
(g)--
            ``(1) $537,000,000 for fiscal year 2005; and
            ``(2) such sums as are necessary for each subsequent fiscal 
        year.''.

SEC. 203. DEVELOPMENT OF LONG-RANGE VESSEL TRACKING SYSTEM.

    Section 70115 of title 46, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before the first 
        sentence;
            (2) by striking ``may'' and inserting ``shall''; and
            (3) by adding at the end the following:
    ``(b) Plan.--(1) The Secretary shall, by no later than December 31, 
2004, issue a plan to develop and implement the vessel tracking system 
required by subsection (a).
    ``(2) The plan--
            ``(A) shall be designed to ensure that the vessel tracking 
        system is capable of providing information regarding the 
        position of each vessel traveling to the United States from an 
        overseas port, throughout the voyage of the vessel;
            ``(B) shall designate--
                    ``(i) the Federal agencies that are responsible for 
                the operation of the system; and
                    ``(ii) the Federal, State, and local agencies and 
                persons in the private sector that will have access to 
                the information provided by the system;
            ``(C) shall include timelines, costs, and other resources 
        required to operate such a system; and
            ``(D) shall require that, during the 96-hour period 
        preceding the entry of a vessel into a port in the United 
        States, information regarding the location of the vessel--
                    ``(i) shall be submitted to the Secretary; and
                    ``(ii) shall be available to Federal, State, and 
                local agencies and persons in the private sector that 
                are otherwise authorized to have access to the 
                information.
    ``(3) The Secretary shall submit the plan to the Committee of 
Appropriations, the Committee on Transportation and Infrastructure, and 
the Select Committee on Homeland Security of the House of 
Representatives and the Committee on Appropriations, the Committee on 
Commerce, Science, and Transportation, and the Committee on 
Governmental Affairs of the Senate, by not later than the 180 days 
after the date of the enactment of this subsection.''.

SEC. 204. MARITIME INFORMATION REPORT.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to the appropriate 
congressional committees a plan for the implementation of section 70113 
of title 46, United States Code. The plan shall--
            (1) identify all Federal agencies with maritime information 
        relating to vessels, crew, passengers, cargo, and cargo 
        shippers;
            (2) establish a timeline for coordinating the efforts of 
        those Federal agencies in the collection of maritime 
        information;
            (3) establish a timeline for the incorporation into 
        implementation of such section of information on vessel 
        movements derived through the implementation of sections 70114 
        and 70115 of title 46, United States Code; and
            (4) include recommendations on co-locating agency personnel 
        in order to maximize expertise, minimize cost, and avoid 
        redundancy.

SEC. 205. NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.

    No later than 180 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to the appropriate 
congressional committees the National Maritime Transportation Security 
Plan required under section 70103 of title 46, United States Code.

SEC. 206. FUNDING FOR COLLABORATIVE PROGRAM FOR DEVELOPMENT OF MARITIME 
              INFORMATION SHARING AND ANALYSIS CAPABILITY.

    (a) Fiscal Year 2005.--Of the amounts authorized to be appropriated 
to the Department of Homeland Security, $3,000,000 shall be available 
for a grant to assist the maritime industry to develop and operare a 
colloaborative maritime information sharing and analysis capability.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President should include in budget requests 
        submitted for fiscal years 2006 and 2007 sufficient funds to 
        ensure that such a maritime information sharing and analysis 
        capability is fully operational before fiscal year 2008; and
            (2) the maritime industry should pay at least half of the 
        operating costs of such capability incurred in fiscal year 2008 
        and thereafter.

SEC. 207. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this title the term ``appropriate congressional committees'' 
means the Committee on Transportation and Infrastructure, the Select 
Committee on Homeland Security, and the Committee on Appropriations of 
the House of Representatives and the Committee on Commerce, Science and 
Transportation and the Committee on Appropriations of the Senate.

                TITLE III--STRENGTHENING THE COAST GUARD

SEC. 301. ACCELERATION OF INTEGRATED DEEPWATER PROGRAM.

    In addition to any other amounts authorized, there is authorized to 
be appropriated to the Secretary of Homeland Security $1,892,000,000 
for the acquisition and construction of vessels, aircraft, shore and 
offshore facilities and other components associated with the Integrated 
Deepwater System in accordance with the report required by section 888 
of the Homeland Security Act of 2002 (116 Stat. 2250).

SEC. 302. AIS INFRASTRUCTURE.

    In addition to any other amounts authorized, there is authorized to 
be appropriated to the Secretary of Homeland Security $4,000,000 for 
the acquisition and construction of shore-based equipment and 
infrastructure associated with the Automated Identification System 
authorized by section 70114 of title 46, United States Code, for ports 
that do not have Coast Guard Vessel Traffic Services.

SEC. 303. INCREASE IN AUTHORIZED COAST GUARD PERSONNEL.

    The Coast Guard is authorized an end-of-year strength for active 
duty personnel of 50,000 as of September 30 of each of 2004, 2005, and 
2006.

SEC. 304. SENSE OF THE CONGRESS REGARDING NAMING NEW VESSELS UNDER THE 
              DEEPWATER PROGRAM FOR CITIES OF THE UNITED STATES.

    It is the sense of the Congress that the Coast Guard should 
consider including in its naming protocols for new vessels constructed 
under the Deepwater Program the names of cities of the United States, 
in recognition of their support and friendly relationship to the Coast 
Guard and the challenge to cities in the United States from terrorism.
                                 <all>
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