Prevent 
Pollution 
from 
Ships 
(33 
U.S.C. 
1901(a)(3)).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 111 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘2282. Knowing discharge or release.’’.
SEC. 108. ATTORNEY GENERAL TO COORDINATE PORT-RE-
LATED CRIME DATA COLLECTION. 
(a) REGULATIONS.—The Attorney General shall 
issue regulations to—
(1) require the reporting by a carrier that is the 
victim of a cargo theft offense to the Attorney Gen-
eral of information on the cargo theft offense (in-
cluding offenses occurring outside ports of entry and 
ports of shipment origination) that identifies the 
port of entry, the port where the shipment origi-
nated, where the theft occurred, and any other infor-
mation specified by the Attorney General; 
(2) create a database to contain the reports de-
scribed in paragraph (1) and integrate those reports, 
to the extent feasible, with other noncriminal justice 
and intelligence data, such as insurer bill of lading, 
cargo contents and value, point of origin, and lien 
holder filings; and
(3) prescribe procedures for access to the data-
base created in accordance with paragraph (2) by 
appropriate Federal, State, and local governmental 
agencies and private companies or organizations, 
while limiting access to privacy of the information in 
accordance with other applicable Federal laws. 
(b) MODIFICATION OF DATABASES.—
(1) IN GENERAL.—United States Government 
agencies with significant regulatory or law enforce-
ment responsibilities at United States ports shall, to 
the extent feasible, modify their information data-
bases to ensure the collection and retrievability of 
data relating to crime, terrorism, and related activi-
ties at, or affecting, United States ports. 
(2) DESIGNATION OF AGENCIES.—The Attorney 
General, after consultation with the Secretary of 
Homeland Security, shall designate the agencies re-
ferred to in paragraph (1). 
(c) OUTREACH PROGRAM.—The Attorney General, in 
consultation with the Secretary of Homeland Security, the 
National Maritime Security Advisory Committee estab-
lished under section 70112 of title 46, United States Code, 
and the appropriate Federal and State agencies, shall es-
tablish an outreach program—
(1) to work with State and local law enforce-
ment officials to harmonize the reporting of data on 
cargo theft among States and localities with the 
United States Government’s reports; and 
(2) to work with local port security committees 
to disseminate cargo theft information to appro-
priate law enforcement officials. 
(d) ANNUAL REPORT.—The Attorney General shall 
report annually to the Committee on the Judiciary of the 
Senate and the House of Representatives on the imple-
mentation of this section. 
(e) INTERSTATE OR FOREIGN SHIPMENTS BY CAR-
RIER; STATE PROSECUTIONS.—
(1) STATE
PROSECUTIONS.—Section 659 of 
title 18, United States Code, is amended—
(A) in the first undesignated paragraph—
(i) by striking ‘‘Whoever embezzles’’ 
and inserting the following: 
‘‘(a) OFFENSE; PENALTY.—Whoever—
‘‘(1) embezzles’’; 
(ii) by striking ‘‘from any pipeline sys-
tem’’ and all that follows through ‘‘with in-
tent to convert to his own use’’; and 
(iii) by striking ‘‘or’’ at the end;
(B) in the second undesignated para-
graph—
(i) by striking ‘‘Whoever buys’’ and 
inserting the following: 
‘‘(2) buys’’; and 
(ii) by striking ‘‘or’’ at the end; 
(C) in the third undesignated paragraph—
(i) by striking ‘‘Whoever embezzles’’ 
and inserting the following’’
‘‘(3) embezzles’’; and 
(ii) by striking ‘‘with intent to convert 
to his own use’’; 
(D) in the fourth undesignated paragraph, 
by striking ‘‘Whoever embezzles’’ and inserting 
the following: 
‘‘(4) embezzles’’; 
(E) in the fifth undesignated paragraph, 
by striking ‘‘Shall in each case’’ and inserting 
the following: 
‘‘shall in each case’’; 
(F) in the sixth undesignated paragraph, 
by striking ‘‘The’’ and inserting the following: 
‘‘(b) LOCATION OF OFFENSE.—The’’;
(G) in the seventh undesignated para-
graph, by striking ‘‘The’’ and inserting the fol-
lowing’’
‘‘(c) SEPARATE OFFENSE.—The’’; 
(H) in the eighth undesignated paragraph, 
by striking ‘‘To’’ and inserting the following: 
‘‘(d) PRIMA FACIE EVIDENCE.—To’’; 
(I) in the ninth undesignated paragraph, 
by striking ‘‘A’’ and inserting the following: 
‘‘(e) PROSECUTION.—A’’; and 
(J) by adding at the end the following: 
‘‘(f) CIVIL PENALTY.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, and in addition to any penalties 
that may be available under any other provision of 
law, a person who is found by the Secretary of 
Homeland Security, after notice and an opportunity 
for a hearing, to have violated this section or a regu-
lation issued under this section shall be liable to the 
United States for a civil penalty not to exceed 
$25,000 for each violation. 
‘‘(2) SEPARATE VIOLATIONS.—Each day of a 
continuing violation shall constitute a separate viola-
tion. 
‘‘(3) AMOUNT OF PENALTY.—
‘‘(A) IN GENERAL.—The amount of a civil 
penalty for a violation of this section or a regu-
lation issued under this section shall be as-
sessed by the Attorney General, or the designee 
of the Attorney General, by written notice. 
‘‘(B) CONSIDERATIONS.—In determining 
the amount of a civil penalty under this para-
graph, the Attorney General shall take into ac-
count—
‘‘(i) the nature, circumstances, extent, 
and gravity of the prohibited act com-
mitted; and 
‘‘(ii) 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. 
‘‘(4) MODIFICATION
OF
PENALTY.—The Sec-
retary of Homeland Security may compromise, mod-
ify, or remit, with or without conditions, any civil 
penalty that is subject to imposition or which has 
been imposed under this section. 
‘‘(5) FAILURE TO PAY.—If a person fails to pay 
an assessment of a civil penalty after it has become 
final, the Secretary of Homeland Security may refer
the matter to the Attorney General for collection in 
an appropriate district court of the United States. 
‘‘(g) DEFINITION.—For purposes of this section, the 
term ‘goods or chattels’ means to be moving as an inter-
state or foreign shipment at all points between the point 
of origin and the final destination (as evidenced by the 
waybill or other shipping document of the shipment) re-
gardless of any temporary stop while awaiting trans-
shipment or otherwise.’’. 
(2) FEDERAL SENTENCING GUIDELINES.—Pur-
suant to section 994 of title 28, United States Code, 
the United States Sentencing Commission shall re-
view the Federal Sentencing Guidelines to determine 
whether sentencing enhancement is appropriate for 
any offense under section 659 of title 18, United 
States Code, as amended by this subsection. 
(3) ANNUAL REPORT.—The Attorney General 
shall annually submit to Congress a report that shall 
include an evaluation of law enforcement activities 
relating to the investigation and prosecution of of-
fenses under section 659 of title 18, United States 
Code.
TITLE II—PROTECTING UNITED 
STATES PORTS AGAINST TER-
RORISM AND CRIME 
Subtitle A—General Provision 
SEC. 201. DEFINITIONS. 
In this title: 
(1) AIRCRAFT.—The term ‘‘aircraft’’ has the 
meaning given that term in section 40102 of title 
49, United States Code. 
(2) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap-
tain-of-the-Port’’, with respect to a United States 
seaport, means the individual designated by the 
Commandant of the Coast Guard as the Captain-of-
the-Port at that seaport. 
(3) COMMON
CARRIER.—The term ‘‘common 
carrier’’ means any person that holds itself out to 
the general public as a provider for hire of a trans-
portation by water, land, or air of merchandise, 
whether or not the person actually operates the ves-
sel, vehicle, or aircraft by which the transportation 
is provided, between a port or place and a port or 
place in the United States.
(4) CONTAINER.—The term ‘‘container’’ means 
a container that is used or designed for use for the
international transportation of merchandise by ves-
sel, vehicle, or aircraft. 
(5) DIRECTORATE.—The term ‘‘Directorate’’ 
means the Border and Transportation Security Di-
rectorate of the Department of Homeland Security. 
(6) MANUFACTURER.—The term ‘‘manufac-
turer’’ means a person who fabricates or assembles 
merchandise for sale in commerce. 
(7) MERCHANDISE.—The term ‘‘merchandise’’ 
has the meaning given that term in section 401 of 
the Tariff Act of 1930 (19 U.S.C. 1401). 
(8) OCEAN TRANSPORTATION INTERMEDIARY.—
The term ‘‘ocean transportation intermediary’’ has 
the meaning given that term in section 515.2 of title 
46, Code of Federal Regulations (as in effect on 
January 1, 2003). 
(9) SHIPMENT.—The term ‘‘shipment’’ means 
cargo traveling in international commerce under a 
bill of lading. 
(10) SHIPPER.—The term ‘‘shipper’’ means—
(A) a cargo owner; 
(B) the person for whose account ocean 
transportation is provided; 
(C) the person to whom delivery of mer-
chandise is to be made; or
(D) a common carrier that accepts respon-
sibility for payment of all charges applicable 
under a tariff or service contract. 
(11) UNITED
STATES
SEAPORT.—The term 
‘‘United States seaport’’ means a place in the 
United States on a waterway with shoreside facilities 
for the intermodal transfer of cargo containers that 
are used in international trade. 
(12) VEHICLE.—The term ‘‘vehicle’’ has the 
meaning given that term in section 401 of the Tariff 
Act of 1930 (19 U.S.C. 1401). 
(13) VESSEL.—The term ‘‘vessel’’ has the 
meaning given that term in section 401 of the Tariff 
Act of 1930 (19 U.S.C. 1401). 
Subtitle B—Security Authority 
SEC. 211. DESIGNATED SECURITY AUTHORITY. 
The Captain-of-the-Port of each United States sea-
port shall be the primary authority responsible for security 
at the United States seaport and shall—
(1) coordinate security at such seaport; and 
(2) be the point of contact on seaport security 
issues for civilian and commercial port entities at 
such seaport.
Subtitle C—Securing the Supply 
Chain 
SEC. 221. MANIFEST REQUIREMENTS. 
Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 
1431(b)) is amended—
(1) by striking ‘‘Any manifest’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Any manifest’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) REQUIRED INFORMATION.—
‘‘(A) REQUIREMENT.—In addition to any 
other requirement under this section, the pilot, 
master, operator, or owner (or the authorized 
agent of such operator or owner) of every vessel 
required to make entry or obtain clearance 
under the laws of the United States shall trans-
mit electronically the cargo manifest informa-
tion described in subparagraph (B) in such 
manner and form as the Secretary shall pre-
scribe. The Secretary shall ensure the electronic 
information is maintained securely, and is avail-
able only to individuals with Federal Govern-
ment security responsibilities.
‘‘(B) CONTENT.—The cargo manifest re-
quired by subparagraph (A) shall consist of the 
following information: 
‘‘(i) The port of arrival and departure. 
‘‘(ii) The carrier code assigned to the 
shipper. 
‘‘(iii) The flight, voyage, or trip num-
ber. 
‘‘(iv) The dates of scheduled arrival 
and departure. 
‘‘(v) A request for a permit to proceed 
to the destination, if such permit is re-
quired. 
‘‘(vi) The numbers and quantities 
from the carrier’s master airway bill, bills 
of lading, or ocean bills of lading. 
‘‘(vii) The first port of lading of the 
cargo and the city in which the carrier 
took receipt of the cargo. 
‘‘(viii) A description and weight of the 
cargo (including the Harmonized Tariff 
Schedule of the United States number 
under which the cargo is classified) or, for 
a sealed container, the shipper’s declared 
description and weight of the cargo.
‘‘(ix) The shipper’s name and address, 
or an identification number, from all air-
way bills and bills of lading. 
‘‘(x) The consignee’s name and ad-
dress, or an identification number, from all 
airway bills and bills of lading. 
‘‘(xi) Notice of any discrepancy be-
tween actual boarded quantities and air-
way bill or bill 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) The location of the warehouse 
or other facility where the cargo was stored 
while under the control of the carrier. 
‘‘(xiv) The name and address, or iden-
tification number of the carrier’s customer 
including the forwarder, nonvessel oper-
ating common carrier, and consolidator. 
‘‘(xv) The conveyance name, national 
flag, and tail number, vessel number, or 
train number.
‘‘(xvi) The country of origin and ulti-
mate destination. 
‘‘(xvii) The carrier’s reference num-
ber, including the booking or bill number. 
‘‘(xviii) The shipper’s commercial in-
voice number and purchase order number. 
‘‘(xix) Information regarding any haz-
ardous material contained in the cargo. 
‘‘(xx) License information including 
the license code, license number, or exemp-
tion code. 
‘‘(xxi) The container number for con-
tainerized shipments. 
‘‘(xxii) Certification of the empty con-
dition of any empty containers. 
‘‘(xxiii) Any additional information 
that the Secretary, in consultation with the 
Secretary of Homeland Security, by regula-
tion determines is reasonably necessary to 
ensure aviation, maritime, and surface 
transportation safety pursuant to the laws 
enforced and administered by the Sec-
retary or the Under Secretary for Border 
and Transportation Security of the De-
partment of Homeland Security.’’.
SEC. 222. PENALTIES FOR INACCURATE MANIFEST. 
(a) FALSITY OR LACK OF MANIFEST.—Section 584 
of the Tariff Act of 1930 (19 U.S.C. 1584) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘$1,000’’ each place it ap-
pears and inserting ‘‘$50,000’’; and 
(B) by striking ‘‘$10,000’’ and inserting 
‘‘$50,000’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) CRIMINAL PENALTIES.—Any person who ships 
or prepares for shipment any merchandise bound for the 
United States who intentionally provides inaccurate or 
false information, whether inside or outside the United 
States, with respect to such merchandise for the purpose 
of introducing such merchandise into the United States 
in violation of the laws of the United States, shall be lia-
ble, upon conviction of a violation of this subsection, for 
a fine of not more than $50,000 or imprisonment for 1 
year, or both; except that if the importation of such mer-
chandise into the United States is prohibited, such person 
shall be liable for an additional fine of not more than 
$50,000 or imprisonment for not more than 5 years, or 
both.’’. 
(b) PENALTIES FOR VIOLATIONS OF THE ARRIVAL, 
REPORTING, ENTRY, AND CLEARANCE REQUIREMENTS.—
Subsections (b) and (c) of section 436 of Tariff Act of 
1930 (19 U.S.C. 1436) are amended to read as follows: 
‘‘(b) CIVIL PENALTY.—Any master, person in charge 
of a vessel, vehicle, or aircraft pilot who commits any viola-
tion listed in subsection (a) shall be liable for a civil pen-
alty of $25,000 for the first violation, and $50,000 for 
each subsequent violation, and any conveyance used in 
connection with any such violation is subject to seizure 
and forfeiture. 
‘‘(c) CRIMINAL PENALTY.—In addition to being liable 
for a civil penalty under subsection (b), any master, per-
son in charge of a vessel, vehicle, or aircraft pilot who in-
tentionally commits or causes another to commit any vio-
lation listed in subsection (a) shall be liable, upon convic-
tion, for a fine of not more than $50,000 or imprisonment 
for 1 year, or both; except that if the conveyance has, or 
is discovered to have had, on board any merchandise 
(other than sea stores or the equivalent for conveyances 
other than vessels) the importation of which into the 
United States is prohibited, such individual shall be liable 
for an additional fine of not more than $50,000 or impris-
onment for not more than 5 years, or both.’’. 
SEC. 223. SHIPMENT PROFILING PLAN. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall develop a shipment profiling plan to track con-
tainers and shipments of merchandise to be imported into 
the United States. The tracking system shall be designed 
to identify any shipment that is a threat to the security 
of the United States before such shipment enters the 
United States. 
(b) INFORMATION REQUIREMENTS.—
(1) CONTENT.—The shipment profiling plan re-
quired by subsection (a) shall at a minimum—
(A) require common carriers, shippers, and 
ocean transportation intermediaries to provide 
appropriate information regarding each ship-
ment of merchandise, including the information 
required under section 431(b) of the Tariff Act 
of 1930 (19 U.S.C. 1431(b)) to the Secretary 
of Homeland Security; and 
(B) require shippers to use a standard 
international bill of lading for each shipment 
that includes—
(i) the weight of the cargo; 
(ii) the value of the cargo; 
(iii) the vessel name; 
(iv) the voyage number; 
(v) a description of each container; 
(vi) a description of the nature, type, 
and contents of the shipment;
(vii) the code number from the Har-
monized Tariff Schedule; 
(viii) the port of destination; 
(ix) the final destination of the cargo; 
(x) the means of conveyance of the 
cargo; 
(xi) the origin of the cargo; 
(xii) the name of the precarriage de-
liverer or agent; 
(xiii) the port at which the cargo was 
loaded; 
(xiv) the name of the formatting 
agent; 
(xv) the bill of lading number; 
(xvi) the name of the shipper; 
(xvii) the name of the consignee; 
(xviii) the universal transaction num-
ber or carrier code assigned to the shipper 
by the Secretary; 
(xix) the information contained in the 
continuous synopsis record for the vessel 
transporting the shipment; and 
(xx) any additional information that 
the Secretary by regulation determines is
reasonably necessary to ensure seaport 
safety. 
(2) 
CONTINUOUS
SYNOPSIS
RECORD
DE-
FINED.—In this subsection, the term ‘‘continuous 
synopsis record’’ means the continuous synopsis 
record required by regulation 5 of chapter XI–1 of 
the Annex to the International Convention of the 
Safety of Life at Sea, 1974. 
(3) EFFECTIVE
DATE.—The requirement im-
posed under clause (xix) of paragraph (1)(B) shall 
take effect on July 1, 2004. 
(c) CREATION
OF
PROFILE.—The Secretary of 
Homeland Security shall combine the information de-
scribed in subsection (b) with other law enforcement and 
national security information that the Secretary deter-
mines useful to assist in locating containers and shipments 
that could pose a threat to the security of the United 
States and to create a profile of every container and every 
shipment within the container that will enter the United 
States. 
(d) CARGO SCREENING.—
(1) IN GENERAL.—Officers of the Directorate 
shall review the profile of a shipment that a shipper 
desires to transport into the United States to deter-
mine whether the shipment or the container in which
it is carried should be subjected to additional inspec-
tion by the Directorate. In making such a deter-
mination, an officer shall consider, in addition to 
any other relevant factors—
(A) whether the shipper has regularly 
shipped cargo to the United States in the past; 
and 
(B) the specificity of the description of the 
shipment’s contents. 
(2) NOTIFICATION.—The Secretary of Home-
land Security shall transmit to the shipper and the 
person in charge of the vessel, aircraft, or vehicle on 
which a shipment is located a notification of whether 
the shipment is to be subjected to additional inspec-
tion as described in paragraph (1). 
(e) CONSISTENCY WITH THE NATIONAL CUSTOMS 
AUTOMATION PROGRAM.—The Secretary of Homeland Se-
curity, in consultation with the Secretary of the Treasury, 
shall ensure that the National Customs Automation Pro-
gram established pursuant to section 411 of the Tariff Act 
of 1930 (19 U.S.C. 1411) is compatible with the shipment 
profile plan developed under this section.
SEC. 224. INSPECTION OF MERCHANDISE AT FOREIGN FA-
CILITIES. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to Congress a plan to—
(1) station inspectors from the Directorate, 
other Federal agencies, or the private sector at the 
foreign facilities of manufacturers or common car-
riers to profile and inspect merchandise and the con-
tainers or other means by which such merchandise 
is transported as they are prepared for shipment on 
a vessel that will arrive at any port or place in the 
United States; 
(2) develop procedures to ensure the security of 
merchandise inspected as described in paragraph (1) 
until it reaches the United States; and 
(3) permit merchandise inspected as described 
in paragraph (1) to receive expedited inspection 
upon arrival in the United States. 
Subtitle D—Security of Seaports 
and Containers 
SEC. 231. SEAPORT SECURITY REQUIREMENTS. 
(a) REQUIREMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Home-
land Security shall issue final regulations setting forth 
minimum security requirements, including security per-
formance standards for United States seaports. The regu-
lations shall—
(1) limit private vehicle access to the terminal 
area of a United States seaport to vehicles that are 
registered at such seaport and display a seaport reg-
istration pass; 
(2) prohibit individuals, other than law enforce-
ment officers, from carrying firearms or explosives 
inside a United States seaport without written au-
thorization from the Captain-of-the-Port; 
(3) prohibit individuals from physically access-
ing the terminal area of a United States seaport 
without a seaport specific access pass; 
(4) require that officers of the Directorate, and 
other appropriate law enforcement officers, at 
United States seaports be provided with, and utilize, 
personal radiation detection pagers to increase the 
ability of such officers to accurately detect radio-
active materials that could be used to commit ter-
rorist acts in the United States; 
(5) require that the terminal area of each 
United States seaport be equipped with—
(A) a secure perimeter; 
(B) monitored or locked access points; and 
(C) sufficient lighting; and
(6) include any additional security requirement 
that the Secretary determines is reasonably nec-
essary to ensure seaport security. 
(b) LIMITATION.—Except as provided in subsection 
(c), any United States seaport that does not meet the min-
imum security requirements described in subsection (a) is 
prohibited from—
(1) handling, storing, stowing, loading, dis-
charging, or transporting dangerous cargo; and 
(2) transferring passengers to or from a pas-
senger vessel that—
(A) weighs more than 100 gross tons; 
(B) carries more than 12 passengers for 
hire; and 
(C) has a planned voyage of more than 24 
hours, part of which is on the high seas. 
(c) EXCEPTION.—The Secretary of Homeland Secu-
rity may waive 1 or more of the minimum requirements 
described in subsection (a) for a United States seaport if 
the Secretary determines that it is not appropriate for 
such seaport to implement the requirement. 
SEC. 232. SEAPORT SECURITY CARDS. 
Section 70105 of title 46, United States Code, is 
amended—
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) PROHIBITION.—(1) Unless the requirements of 
paragraph (2) are met, the Secretary shall prescribe regu-
lations to prohibit—
‘‘(A) an individual from entering an area of a 
vessel or facility that is designated as a secure area 
by the Secretary for purposes of a security plan for 
the vessel or facility that is approved by the Sec-
retary under section 70103 of this title; and 
‘‘(B) an individual who is regularly employed at 
a United States seaport or who is employed by a 
common carrier that transports merchandise to or 
from a United States seaport from entering a 
United States seaport. 
‘‘(2) The prohibition imposed under paragraph (1) 
may not apply to—
‘‘(A) an individual who—
‘‘(i) holds a transportation security card 
issued under this section; and 
‘‘(ii) is authorized to be in area in accord-
ance with the plan if the individual is attempt-
ing to enter an area of a vessel or facility that 
is designated as a secure area by the Secretary 
for purposes of a security plan for the vessel or
facility approved by the Secretary under section 
70103 of this title; or 
‘‘(B) an individual who is accompanied by an-
other individual who may access the secure area or 
United States seaport in accordance with this sec-
tion. 
‘‘(3) A person may not admit an individual into a 
United States seaport or a secure area unless the indi-
vidual is in compliance with this subsection.’’; 
(2) in paragraph (2) of subsection (b)—
(A) in subparagraph (E), by striking 
‘‘and’’; 
(B) by redesignating subparagraph (F) as 
subparagraph (G); and 
(C) by inserting after subparagraph (E) 
the following new subparagraph: 
‘‘(F) an individual who is regularly employed at 
a United States seaport or who is employed by a 
common carrier that transports merchandise to or 
from a United States seaport; and’’; 
(3) in paragraph (1) of subsection (c)—
(A) in subparagraph (C), by striking ‘‘or’’; 
(B) in subparagraph (D), by striking the 
period at the end and inserting a semicolon and 
‘‘or’’; and
(C) at the end, by inserting the following 
new subparagraph: 
‘‘(E) has not provided sufficient information to 
allow the Secretary to make the determinations de-
scribed in subparagraph (A), (B), (C), or (D).’’; 
(4) by striking subsection (f); and 
(5) by inserting after subsection (e) the fol-
lowing new subsections: 
‘‘(f) DATA
ON CARDS.—A transportation security 
card issued under this section shall—
‘‘(1) be tamper resistant; and 
‘‘(2) contain—
‘‘(A) the number of the individual’s com-
mercial driver’s license issued under chapter 
313 of title 49, if any; 
‘‘(B) the State-issued vehicle registration 
number of any vehicle that the individual de-
sires to bring into the United States seaport, if 
any; 
‘‘(C) the work permit number issued to the 
individual, if any; 
‘‘(D) a unique biometric identifier to iden-
tify the license holder; and 
‘‘(E) a safety rating assigned to the indi-
vidual by the Secretary of Homeland Security.
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) ALIEN.—The term ‘alien’ has the meaning 
given the term in section 101(a)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(3)). 
‘‘(2) UNITED
STATES
SEAPORT.—The term 
‘United States seaport’ means a place in the United 
States on a waterway with shoreside facilities for the 
intermodal transfer of cargo containers that are 
used in international trade.’’. 
SEC. 233. SECURING SENSITIVE INFORMATION. 
(a) REQUIREMENT.—Not later than 90 days after the 
date of enactment of this Act, the Captain-of-the-Port of 
each United States seaport shall secure and protect all 
sensitive information, including information that is cur-
rently available to the public, related to the seaport. 
(b) SENSITIVE INFORMATION.—In this section, the 
term ‘‘sensitive information’’ means—
(1) maps of the seaport; 
(2) blueprints of structures located within the 
seaport; and 
(3) any other information related to the secu-
rity of the seaport that the Captain-of-the-Port de-
termines is appropriate to secure and protect. 
SEC. 234. CONTAINER SECURITY. 
(a) CONTAINER SEALS.—
(1) APPROVAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of 
Homeland Security shall approve minimum stand-
ards for high security container seals that—
(A) meet or exceed the American Society 
for Testing Materials Level D seals; 
(B) permit each seal to have a unique 
identification number; and 
(C) contain an electronic tag that can be 
read electronically at a seaport. 
(2) REQUIREMENT FOR USE.—Within 180 days 
after the date of enactment of this Act, the Sec-
retary of Homeland Security shall deny entry of a 
vessel into the United States if the containers car-
ried by the vessel are not sealed with a high security 
container seal approved under paragraph (1). 
(b) IDENTIFICATION NUMBER.—
(1) 
REQUIREMENT.—A 
shipment 
that 
is 
shipped to or from the United States either directly 
or via a foreign port shall have a designated uni-
versal transaction number. 
(2) TRACKING.—The person responsible for the 
security of a container shall record the universal 
transaction number assigned to the shipment under 
paragraph (1), as well as any seal identification
number on the container, at every port of entry and 
point at which the container is transferred from one 
conveyance to another conveyance. 
(c) PILOT PROGRAM.—
(1) GRANTS.—The Secretary of Homeland Se-
curity is authorized to award grants to eligible enti-
ties to develop an improved seal for cargo containers 
that—
(A) permit the immediate detection of tam-
pering with the seal; 
(B) permit the immediate detection of tam-
pering with the walls, ceiling, or floor of a con-
tainer that indicates a person is attempting to 
improperly access the container; and 
(C) transmit information regarding tam-
pering with the seal, walls, ceiling, or floor of 
the container in real time to the appropriate au-
thorities at a remote location. 
(2) APPLICATION.—Each eligible entity seeking 
a grant under this subsection shall submit an appli-
cation to the Secretary at such time, in such man-
ner, and accompanied by such information as the 
Secretary may reasonably require. 
(3) ELIGIBLE ENTITY.—In this subsection, the 
term ‘‘eligible entity’’ means any national laboratory,
nonprofit private organization, institution of higher 
education, or other entity that the Secretary deter-
mines is eligible to receive a grant authorized by 
paragraph (1). 
(d) EMPTY CONTAINERS.—
(1) CERTIFICATION.—The Secretary of Home-
land Security shall prescribe in regulations require-
ments for certification of empty containers that are 
to be shipped to or from the United States either di-
rectly or via a foreign port. Such regulations shall 
require that an empty container— 
(A) be inspected and certified as empty 
prior to being loaded onto a vessel for transpor-
tation to a United States seaport; and 
(B) be sealed with a high security con-
tainer seal approved under subsection (a)(1) to 
enhance the security of United States seaports. 
SEC. 235. OFFICE AND INSPECTION FACILITIES. 
(a) OPERATIONAL SPACE IN SEAPORTS.—Each enti-
ty that owns or operates a United States seaport that re-
ceives cargo from a foreign country, whether govern-
mental, quasi-governmental, or private, shall provide to 
the Directorate permanent office and inspection space 
within the seaport that is sufficient for the Directorate
officers at the seaport to carry out their responsibilities. 
Such office and inspection space—
(1) shall be provided at no cost to the Direc-
torate; and 
(2) may be located outside the terminal area of 
the seaport. 
(b) INSPECTION TECHNOLOGY.—The Secretary of 
Homeland Security shall maintain permanent inspection 
facilities that utilize available inspection technology in the 
space provided at each seaport pursuant to subsection (a). 
SEC. 236. SECURITY GRANTS TO SEAPORTS. 
(a) CRITERIA FOR AWARDING GRANTS.—Notwith-
standing any other provision of law, the Secretary of 
Homeland Security shall use the proportion of the contain-
erized imports that are received at a United States seaport 
as a factor to be considered when determining whether to 
select that seaport for award of a competitive grant for 
security. 
(b) DEFINITIONS.—In this section: 
(1) CONTAINERIZED IMPORTS.—The term ‘‘con-
tainerized imports’’ means the number of twenty-
foot equivalent units of containerized imports that 
enter the United States annually through a United 
States seaport as estimated by the Bureau of Trans-
portation Statistics of the Department of Transpor-
tation. 
(2) COMPETITIVE GRANT FOR SECURITY.—The 
term ‘‘competitive grant for security’’ means a grant 
of Federal financial assistance that the Secretary of 
Homeland Security is authorized to award to a 
United States seaport for the purpose of enhancing 
security at the seaport, including a grant of funds 
appropriated under the heading ‘‘Maritime and 
Land Security’’ in title I of division I of the Consoli-
dated Appropriations Resolution, 2003 (Public Law 
108–7). 
TITLE III—AUTHORIZATION 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Attor-
ney General and the Secretary of Homeland Security such 
sums as are necessary to carry out this Act. Sums author-
ized to be appropriated under this section are authorized 
to remain available until expended.
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