I
107TH CONGRESS
1ST SESSION
H. R. 3437
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 HOUSE OF REPRESENTATIVES
DECEMBER 6, 2001
Mr. SHAW (for himself, Mr. CARDIN, Mr. PALLONE, Mr. DEUTSCH, Ms. ROS-
LEHTINEN, Mr. GOODE, Mr. FILNER, Mr. EHLERS, Mr. GRUCCI, Mr.
HASTINGS of Florida, Mr. SOUDER, Mr. CALVERT, Mr. DAVIS of Florida,
Mr. WELDON of Florida, Mr. GREEN of Wisconsin, and Mr. BROWN of
South Carolina) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on the Judiciary, and Armed Services, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Port and Maritime
Security Act of 2001’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) There are 361 public seaports 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 seaports conduct over 95 per-
cent of United States overseas trade. Over the next
20 years, the total volume of imported and exported
goods at seaports is expected to more than double.
(3) The variety of trade and commerce that are
carried out at seaports has greatly expanded. Bulk
cargo, containerized cargo, passenger transport and
tourism, intermodal transportation systems, and
complex domestic and international trade relation-
ships have significantly changed the nature, conduct,
and complexity of seaport commerce.
(4) The top 50 seaports in the United States
account for about 90 percent of all the cargo ton-
nage. Twenty-five United States seaports account
for 98 percent of all container shipments. Cruise
ships visiting foreign destinations embark from 16
seaports.
(5) In the larger seaports, the activities can
stretch along a coast for many miles, including pub-
lic roads within their geographic boundaries. The fa-
cilities used to support arriving and departing cargo
are sometimes miles from the coast.
(6) Seaports 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 infrastruc-
tures of seaport cities. Seaports that accept inter-
national cargo have a higher risk of international
crimes like drug and alien smuggling and trade
fraud.
(7) Seaports 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. Seaport ter-
rorism could pose a significant threat to the ability
of the United States to pursue its national security
objectives.
(8) United States seaports are international
boundaries, however, unlike United States airports
and land borders, United States seaports receive no
Federal funds for security infrastructure.
(9) Current inspection levels of containerized
cargo are insufficient to counter potential security
risks. Technology is currently not adequately de-
ployed to allow for the non-intrusive inspection of
containerized cargo. Additional promising technology
is in the process of being developed that could in-
spect cargo in a non-intrusive and efficient fashion.
(10) The burgeoning cruise ship industry poses
a special risk from a security perspective. The large
number of United States citizens sailing on cruises
provides an attractive target to terrorists seeking to
cause mass casualties. Approximately 80 percent of
cruise line passengers are United States citizens and
20 percent are aliens. Approximately 92 percent of
crewmembers are aliens.
(11) Effective physical security and access con-
trol in seaports is fundamental to deterring and pre-
venting potential threats to seaport operations, and
cargo shipments.
(12) Securing entry points, open storage areas,
and warehouses throughout the seaport, controlling
the movements of trucks transporting cargo through
the seaport, and examining or inspecting containers,
warehouses, and ships at berth or in the harbor are
all important requirements that should be imple-
mented.
(13) Identification procedures for arriving
workers are important tools to deter and prevent
seaport cargo crimes, smuggling, and terrorist ac-
tions.
(14) On April 27, 1999, the President estab-
lished the Interagency Commission on Crime and
Security in United States Seaports to undertake a
comprehensive study of the nature and extent of the
problem of crime in our seaports, as well as the ways
in which governments at all levels are responding.
(15) The Commission has issued findings that
indicate the following:
(A) Frequent crimes in seaports include
drug smuggling, illegal car exports, fraud (in-
cluding Intellectual Property Rights and other
trade violations), and cargo theft.
(B) Data about crime in seaports has been
very difficult to collect.
(C) Internal conspiracies are an issue at
many seaports, and contribute to Federal
crime.
(D) Intelligence and information sharing
among law enforcement agencies needs to be
improved and coordinated at many seaports.
(E) Many seaports do not have any idea
about the threats they face from crime, ter-
rorism, and other security-related activities be-
cause of a lack of credible threat information.
(F) A lack of minimum physical, proce-
dural, and personnel security standards at sea-
ports and at terminals, warehouses, trucking
firms, and related facilities leaves many sea-
ports and seaport users vulnerable to theft, pil-
ferage, and unauthorized access by criminals.
(G) Access to seaports and operations
within seaports is often uncontrolled.
(H) Coordination and cooperation between
law enforcement agencies in the field is often
fragmented.
(I) Meetings between law enforcement per-
sonnel, carriers, marine terminal operators, and
seaport authorities regarding security are not
being held routinely in the seaports. These
meetings could increase coordination and co-
operation at the local level.
(J) Security-related equipment such as
small boats, cameras, and vessel tracking de-
vices is lacking at many seaports.
(K) Detection equipment such as large-
scale x-ray machines is lacking at many high-
risk seaports.
(L) A lack of timely, accurate, and com-
plete 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 seaports and related inter-
modal connections to commit a wide range of
cargo crimes. Levels of containerized cargo vol-
umes are forecasted to increase significantly,
which will create more opportunities for crime
while lowering the statistical risk of detection
and interdiction.
(16) United States seaports are international
boundaries that—
(A) are particularly vulnerable to threats
of drug smuggling, illegal alien smuggling,
cargo theft, illegal entry of cargo and contra-
band;
(B) may present weaknesses in the ability
of the United States to realize its national secu-
rity objectives; and
(C) may serve as a vector or target for ter-
rorist attacks aimed at the population of the
United States.
(17) It is in the best interests of the United
States—
(A) to be mindful that United States sea-
ports are international ports of entry and that
the primary obligation for the security of inter-
national 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 seaport secu-
rity by establishing a better method of commu-
nication amongst law enforcement officials re-
sponsible for seaport boundary, security, and
trade issues;
(D) to formulate guidance for the review of
physical seaport security, recognizing the dif-
ferent character and nature of United States
seaports;
(E) to provide financial incentives to help
the States and private sector to increase phys-
ical security of United States seaports;
(F) to invest in long-term technology to fa-
cilitate the private sector development of tech-
nology that will assist in the non-intrusive time-
ly detection of crime or potential crime;
(G) to harmonize data collection on sea-
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 seaports;
and
(I) to improve Customs reporting proce-
dures to enhance the potential detection of
crime in advance of arrival or departure of car-
goes.
SEC. 3. PORT SECURITY TASK FORCE.
(a) ESTABLISHMENT.—The Secretary shall establish
a Port Security Task Force—
(1) to help implement the provisions of this Act;
(2) to help coordinate programs to enhance the
security and safety of United States seaports;
(3) to help provide long-term solutions for sea-
port security issues;
(4) to help coordinate the security operations of
local seaport security committees;
(5) to help ensure that the public and local sea-
port security committees are kept informed about
seaport security enhancement developments;
(6) to help provide guidance for the conditions
under which loan guarantees and grants are made;
and
(7) to consult with the Coast Guard and the
Maritime Administration in establishing port secu-
rity program guidance.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Task Force shall in-
clude representatives of the Coast Guard and the
Maritime Administration.
(2) OTHER
AGENCIES.—The Secretary shall
consult with the Secretary of the Treasury to invite
the participation of the United States Customs Serv-
ice, and may invite the participation of other depart-
ments and agencies of the United States with an in-
terest in port security, port security-related matters,
and border protection issues.
(3) REQUIRED PRIVATE SECTOR REPRESENTA-
TIVES.—The Task Force shall include representa-
tives, appointed by the Secretary of—
(A) port authorities;
(B) management organizations;
(C) longshore labor organizations;
(D) ocean carriers;
(E) marine terminal operators;
(F) trucking companies;
(G) railroad companies;
(H) transportation labor organizations;
(I) transportation workers;
(J) ocean shippers;
(K) freight forwarding companies; and
(L) other representatives whose participa-
tion the Secretary deems beneficial.
(4) REPRESENTATIVE
OF
FLORIDA
PORTS.—
The Task Force shall include the Chair of the Flor-
ida Seaport Transportation and Economic Develop-
ment Council.
(c) SUBCOMMITTEES.—The Task Force may estab-
lish subcommittees to facilitate consideration of specific
issues, including port security border protection and mari-
time domain awareness issues.
(d) LAW
ENFORCEMENT
SUBCOMMITTEE.—The
Task Force shall establish a subcommittee comprised of
Federal, State, and local government law enforcement
agencies to address port security issues, including resource
commitments and law enforcement sensitive matters.
(e) EXEMPTION FROM FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) does not apply to the
Task Force.
(f) ACCEPTANCE OF CONTRIBUTIONS; JOINT VEN-
TURE ARRANGEMENTS.—In carrying out its responsibil-
ities under this Act, the Task Force, or a member organi-
zation or representative acting with the Task Force’s con-
sent, 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 main-
tained and access to such information is limited appro-
priately.
(g) FUNDING.—Of the amounts made available under
section 17(b) there shall be made available to the Sec-
retary of Transportation for activities of the Task Force
$1,000,000 for each of fiscal years 2003 through 2006
without further appropriation.
SEC. 4. ESTABLISHMENT OF LOCAL PORT SECURITY COM-
MITTEES.
(a) ESTABLISHMENT.—The Coast Guard shall estab-
lish local seaport security committees—
(1) to utilize the information made available
under this Act;
(2) to define the physical boundaries within
which to conduct vulnerability assessments in rec-
ognition of the unique characteristics of each port;
(3) to review port security vulnerability assess-
ments promulgated under section 5;
(4) to implement the guidance promulgated
under section 7;
(5) to help coordinate planning and other nec-
essary security activities by conducting meetings no
less frequently than 4 times each year, to dissemi-
nate information that will facilitate law enforcement
activities;
(6) to conduct an exercise at least once every
3 years to verify the effectiveness of each port au-
thority and marine terminal security plan; and
(7) to make recommendations and advise on se-
curity infrastructure needs.
(b) MEMBERSHIP.—In establishing those committees,
the Coast Guard may utilize or augment any existing har-
bor safety committee or seaport readiness committee, but
the membership of the seaport security committee shall
include local or regional representatives of—
(1) the port authority;
(2) Federal, State and local government;
(3) Federal, State, and local government law
enforcement agencies;
(4) longshore and transportation labor organi-
zations;
(5) transportation workers;
(6) management organizations; and
(7) private sector interests whose inclusion is
deemed beneficial by the Captain-of-the-Port.
(c) CHAIRMAN.—The local seaport security com-
mittee shall be chaired by the Captain-of-the-Port.
(d) EXEMPTION FROM FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) does not apply to a
local seaport security committee.
(e) ACCEPTANCE OF CONTRIBUTIONS; JOINT VEN-
TURE ARRANGEMENTS.—In carrying out its responsibil-
ities under this Act, a local seaport security committee,
or a member organization or representative acting with
the committee’s consent, may accept contributions of
funds, material, services, and the use of personnel and fa-
cilities from public and private entities by contract or
other arrangement if the confidentiality of security-sen-
sitive information is maintained and access to such infor-
mation is limited appropriately.
(f) FUNDING.—Of the amounts made available under
section 17(b) there shall be made available to the Com-
mandant $3,000,000 for each of fiscal years 2003 through
2006 without further appropriation to carry out this sec-
tion, such sums to remain available until expended.
SEC. 5. COAST GUARD PORT SECURITY VULNERABILITY AS-
SESSMENTS.
(a) IN GENERAL.—The Commandant of the Coast
Guard, in consultation with the Defense Threat Reduction
Agency, the Center for Civil Force Protection, and other
appropriate public and private sector organizations, shall
develop standards and procedures for conducting seaport
security vulnerability assessments. The Port Security
Task Force shall review standards and procedures for con-
ducting seaport security vulnerability assessments in order
to provide comments and recommendations to the Com-
mandant of the Coast Guard for consideration.
(b) SEAPORT SECURITY VULNERABILITY ASSESS-
MENTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Coast Guard, in cooperation with
local port security committee officials with proper se-
curity clearances, shall complete no fewer than 10
seaport security vulnerability assessments annually,
until it has completed such assessments for the 50
ports determined by the Commandant to be the most
strategic or economically strategic ports in the
United States.
(2) ACCEPTANCE OF PRIOR ASSESSMENTS.—(A)
If a seaport security vulnerability assessment has
been conducted within 5 years by or on behalf of a
port authority or marine terminal operator, and the
Commandant determines that it was conducted in a
manner that is generally consistent with the stand-
ards and procedures developed under subsection (a),
the Commandant may accept that assessment rather
than conducting another seaport security vulner-
ability assessment for that port.
(B) If a seaport security vulnerability assess-
ment has been conducted for a port authority within
5 years by the Interagency Committee on Seaport
Security and the State in which the port is located,
the Commandant shall accept that assessment in
lieu of conducting another seaport security vulner-
ability assessment for that port under this section.
(c) REVIEW
BY
PORT
AUTHORITY.—The Com-
mandant shall make the seaport security vulnerability as-
sessment for a seaport available for review and comment
by members of the local port security committee with
proper security clearances, marine terminal operator rep-
resentatives with proper security clearances, and rep-
resentatives of other entities with proper security clear-
ances determined by the local port security committee to
be connected or affiliated with marine commerce.
(d) MAPS AND CHARTS.—
(1) COLLECTION
AND
DISTRIBUTION.—The
Commandant 
and 
the 
Administrator, 
working
through local seaport security committees where ap-
propriate, shall—
(A) collect, store securely, and maintain
maps and charts of all United States seaports
that clearly indicate the location of infrastruc-
ture and overt-security equipment;
(B) make those maps and charts available
upon request, on a secure and confidential
basis, to—
(i) the Maritime Administration;
(ii) the Coast Guard;
(iii) the United States Customs Serv-
ice;
(iv) the Department of Defense;
(v) the Federal Bureau of Investiga-
tion; and
(vi) the Immigration and Naturaliza-
tion Service.
(2) OTHER AGENCIES.—The Coast Guard and
the Maritime Administration shall establish a proc-
ess for providing relevant maps and charts collected
under paragraph (1), and other relevant material,
available, on a secure and confidential basis, to ap-
propriate Federal, State, and local government agen-
cies, and seaport authorities, for the purpose of ob-
taining the comments of those agencies before com-
pleting a seaport vulnerability assessment for each
such seaport.
(3) SECURE STORAGE AND LIMITED ACCESS.—
The Coast Guard and the Maritime Administration
shall establish procedures that ensure that maps,
charts, and other material made available to Fed-
eral, State, and local government agencies, seaport
authorities, and local seaport security committees
are maintained in a secure and confidential manner
and that access thereto is limited appropriately.
(e) ANNUAL STATUS REPORT TO CONGRESS.—Not-
withstanding section 7(c) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(c)), the Coast Guard and the
Maritime Administration shall report annually to the Sen-
ate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Trans-
portation and Infrastructure on the status of seaport secu-
rity in a form that does not compromise, or present a
threat to the disclosure of security-sensitive information
about, the seaport security vulnerability assessments con-
ducted under this Act. The report may include rec-
ommendations for further improvements in seaport secu-
rity measures and for any additional enforcement meas-
ures necessary to ensure compliance with the seaport secu-
rity plan requirements of this Act.
(f) FUNDING.—Of the amounts made available under
section 17(b) there shall be made available to the Com-
mandant $10,000,000 for each of fiscal years 2003
through 2006 without further appropriation to carry out
this section, such sums to remain available until expended.
SEC. 6. MARITIME TRANSPORTATION SECURITY PRO-
GRAMS.
(a) IN GENERAL.—The Commandant and the Ad-
ministrator shall jointly initiate a rulemaking proceeding
to prescribe regulations to protect the public from threats
of crime or terrorism from or to vessels in maritime trans-
portation originating or terminating in a United States
seaport as well as threats of crime or terrorism to mari-
time or intermodal infrastructure directly associated with
coastal, intercoastal, and inland marine terminals. In pre-
scribing a regulation under this subsection, the Com-
mandant and the Administrator shall—
(1) consult with the Secretary of the Treasury,
the Attorney General, the heads of other depart-
ments, agencies, and instrumentalities of the United
States Government, State and local authorities, and
the Task Force; and
(2) consider whether a proposed regulation is
consistent with—
(A) protecting the public; and
(B) the public interest in promoting mari-
time and intermodal transportation and com-
merce.
(b) SECURITY PROGRAMS.—
(1) PROGRAM TO BE ESTABLISHED.—Each port
authority and marine terminal operator, or other en-
tity determined by the local port security Committee
to be connected or affiliated with maritime com-
merce for an area designated under section 4(a)(2)
at which a port security vulnerability assessment has
been conducted under this Act shall establish a mar-
itime transportation security program within 1 year
after the assessment is completed.
(2) GENERAL REQUIREMENTS.—A security pro-
gram established under paragraph (1) shall provide
a security program and capability at that seaport
that is adequate to ensure the safety of the public
from threats of crime and terrorism.
(3) SPECIFIC REQUIREMENTS.—A security pro-
gram established under paragraph (1) shall be
linked to the Captain-of-the-Port authorities for
maritime trade and shall include—
(A) provisions for establishing and main-
taining physical security for seaport areas and
approaches;
(B) provisions for establishing and main-
taining procedural security for processing pas-
sengers, cargo, and crewmembers;
(C) a credentialing process for the purpose
of limiting access to coastal, intercoastal and
inland marine terminals, designed to ensure
that individuals and service providers have
properly gained admittance;
(D) provisions for the personal security of
individuals within the port;
(E) a process to restrict vehicular access to
seaport areas and facilities, ensuring that
credentialed persons have efficient and safe pro-
cedures for gaining admittance to seaport areas
and related facilities;
(F) restrictions on carrying firearms and
other prohibited weapons;
(G) provisions for the use of qualified
State and local law enforcement personnel, port
authority law enforcement and security per-
sonnel, and private sector security personnel;
and
(H) provision for offering a certification
program for State and local law enforcement
personnel, port authority law enforcement and
security personnel, and private sector security
personnel.
(c) INCORPORATION OF MARINE TERMINAL OPERA-
TOR’S PROGRAM.—Notwithstanding the requirements of
subsection (b)(3), the Captain-of-the-Port may approve a
security program of a port authority, or an amendment
to an existing program, that incorporates a security pro-
gram of a marine terminal operator tenant with access to
a secured area of the seaport, if the program or amend-
ment incorporates—
(1) the measures the tenant will use, within the
tenant’s leased areas or areas designated for the ten-
ant’s exclusive use under an agreement with the port
authority, to carry out the security requirements im-
posed by the Commandant and the Administration
on the port authority; and
(2) the methods the port authority will use to
monitor and audit the tenant’s compliance with the
security requirements.
(d) INCORPORATION
OF OTHER SECURITY PRO-
GRAMS AND LAWS.—Notwithstanding the requirements of
subsection (b)(3), the Captain-of-the-Port may approve a
security program of a port authority, or an existing pro-
gram, that incorporates a Federal, State, or local security
program, policy, or law. In reviewing any such program,
the Captain-of-the-Port shall—
(1) endeavor to avoid duplication and to recog-
nize the Federal, State, or local security program or
policy; and
(2) ensure that no security program established
under subsection (b)(3) conflicts with any applicable
provision of Federal, State, or local law.
(e) REVIEW
AND APPROVAL
OF SECURITY PRO-
GRAMS.—
(1) IN
GENERAL.—The Captain-of-the-Port
shall review and approve or disapprove each security
program established under subsection (b). If the
Captain-of-the-Port disapproves a security program,
then—
(A) the Captain-of-the-Port shall, without
compromising national security, notify the port
authority or marine terminal operator, or other
entity determined by the local seaport security
committee to be connected or affiliated with
maritime commerce in writing of the reasons
for the disapproval; and
(B) the port authority or marine terminal
operator, or other entity determined by the local
seaport security committee to be connected or
affiliated with maritime commerce shall submit
a revised security plan within 6 months after
receiving the notification of disapproval.
(2) 
TREATMENT
OF
EXISTING
SECURITY
PLANS.—A security program established before the
date of the enactment of this Act shall be treated as
a maritime transportation security program estab-
lished under this section and shall be approved by
the Captain-of-the-Port under this subsection, if the
program incorporates a State security program, pol-
icy, or law and includes—
(A) provisions for establishing and main-
taining physical security for seaport areas and
approaches;
(B) provisions for establishing and main-
taining procedural security for processing pas-
sengers, cargo, and crewmembers, and per-
sonnel security for the employment of individ-
uals and service providers;
(C) a credentialing process to limit access
to sensitive areas;
(D) a process to restrict vehicular access
to seaport areas and facilities;
(E) restrictions on carrying firearms and
other prohibited weapons; and
(F) a private security officer certification
program, or provisions for using the services of
qualified State, Local, and private law enforce-
ment personnel.
(f) 5-YEAR REVIEWS.—Whenever appropriate, but in
no event less frequently than once every 5 years, each port
authority or marine terminal operator required to develop
a security program under this section shall review its pro-
gram, make such revisions to the program as are nec-
essary or appropriate, and submit the results of its review
and the revised program to the Captain-of-the-Port.
(g) USE OF IAFIS FOR BACKGROUND CHECKS.—
(1) IN GENERAL.—The Commandant shall ini-
tiate a rulemaking within 90 days after the date of
enactment of this Act to establish a program under
which a port authority or marine terminal operator
may use an automated fingerprint identification sys-
tem for employees first hired after the program is
implemented who may have access to ocean mani-
fests in the scope of their employment.
(2) USE OF IAFIS.—Notwithstanding any provi-
sion of law to the contrary, the Commandant is au-
thorized to access the Federal Bureau of Investiga-
tion’s Integrated Automated Fingerprint Identifica-
tion System for the purpose of carrying out the re-
quirements of this Act.
(3) PRIVACY AND PROCEDURAL SAFEGUARDS.—
The program established by the Commandant under
paragraph (1) shall include provisions for protecting
the privacy of individuals whose fingerprints are ex-
amined, and incorporate the following principles:
(A) Notice of the criteria to be used under
the program shall be published and publicly
available.
(B) A felony conviction for any of the fol-
lowing offenses constitutes grounds for disquali-
fication of an individual to whom the program
applies from employment in a position in which
the individual would have access to ocean mani-
fests in the scope of that individual’s employ-
ment:
(i) Murder.
(ii) Espionage.
(iii) Treason.
(iv) The unlawful sale or distribution
of an explosive or weapon.
(v) The unlawful importation, manu-
facture, or distribution or intention to dis-
tribute controlled substances.
(vi) Theft.
(vii) Kidnapping.
(viii) Smuggling, including the smug-
gling of alien individuals.
(ix) Bribery.
(x) Rape.
(xi) Assault.
(xii) Conspiracy to commit any of-
fense described in clause (i) through (xi).
(C) Any conviction more than 10 years be-
fore the date of application for employment
shall be ignored.
(D) Before an adverse determination is
made about the employment of an individual
because of the principle described in subpara-
graph (B)—
(i) consideration will be given to Fed-
eral and State mitigation remedies, parole,
probation, pardon, and expungement pro-
cedures;
(ii) an inquiry will be made into the
circumstances of the act or offense, the
time elapsed since the act or offense was
committed, any social or private restitution
made by the individual who committed the
act or offense, and any other mitigating
circumstances; and
(iii) consideration shall be given to
any other factors from which it may rea-
sonably be concluded that the individual is
unlikely to engage in criminal activity.
(E) An individual who is denied employ-
ment because of information obtained through
the program will be given notice and an oppor-
tunity to appeal to the Administrator of the
Maritime Administration or the Administrator’s
designee.
(F) Any information, other than informa-
tion on felony convictions described in subpara-
graph (B), shall be kept confidential by the in-
vestigating authority and may be used only for
security purposes.
(4) REIMBURSEMENT.—The Commandant may
require reimbursement from port authorities and
marine terminal operators for use of the Integrated
Automated Fingerprint Identification System.
(h) NO EROSION OF OTHER AUTHORITY.—Nothing
in this section precludes 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 seaport security standards.
SEC. 7. SECURITY PROGRAM GUIDANCE.
(a) IN GENERAL.—The Commandant and the Ad-
ministrator, in consultation with the Task Force, shall de-
velop voluntary security guidance that will serve as a
benchmark for the review of security plans that—
(1) are linked to the Captain-of-the-Port au-
thorities for maritime trade;
(2) include a set of recommended ‘‘best prac-
tices’’ guidelines for the use of maritime terminal
operators; and
(3) take into account the different nature and
characteristics of United States seaports and the
need to promote commerce.
(b) REVISION.—The Commandant and the Maritime
Administrator in consultation with the Task Force shall
review the guidelines developed under subsection (a) not
less frequently than every 5 years and revise them as nec-
essary.
(c) AREAS COVERED.—The guidance developed under
subsection (a) shall include the following areas:
(1) GENERAL SECURITY.—The establishment of
practices for physical security of seaport areas and
approaches, procedural security for processing pas-
sengers, cargo, crewmembers, and other individuals
seeking access to port facilities, and personnel secu-
rity for individual employees and service providers.
(2) ACCESS TO SEAPORT AREAS AND FACILI-
TIES.—The use of a credentials process, adminis-
tered by public or private sector security services,
designed to ensure that individuals and service pro-
viders have properly gained admittance to seaport
areas and facilities.
(3) VEHICULAR ACCESS.—The use of restric-
tions on vehicular access to seaport areas and facili-
ties, including requirements that seaport authorities
and primary users of seaports implement procedures
that achieve appropriate levels of control of vehicular
access and accountability for enforcement of con-
trolled access by vehicles, ensuring that credentialed
persons have efficient and safe procedures for gain-
ing admittance to seaport areas and related facili-
ties.
(4) FIREARMS.—Restrictions on carrying fire-
arms, and other prohibited weapons.
(5) CERTIFICATION OF SECURITY OFFICERS.—
A security officer certification program to improve
the professionalism of State and local law enforce-
ment personnel, port authority law enforcement and
security personnel, and private sector security per-
sonnel.
SEC. 8. INTERNATIONAL SEAPORT SECURITY.
(a) COAST GUARD; INTERNATIONAL APPLICATION.—
The Commandant shall make every effort to have the
guidance developed under section 7(a) adopted by appro-
priate international organizations as an international
standard and shall, acting through appropriate officers of
the United States Government, seek to encourage the de-
velopment and adoption of seaport security standards
under international agreements in other countries where
adoption of the same or similar standards might be appro-
priate.
(b) MARITIME ADMINISTRATION; PORT ACCREDITA-
TION PROGRAM.—The Administrator shall make every ef-
fort to have the guidance developed under section 7(a)
adopted by appropriate organizations as security stand-
ards and shall encourage the establishment of a program
for the private sector accreditation of seaports that imple-
ment security standards that are consistent with the guid-
ance.
(c) INTERNATIONAL PORT SECURITY IMPROVEMENT
ACTIVITIES.—
(1) IN GENERAL.—The Administrator shall es-
tablish a program to assist foreign seaport operators
in identifying port security risks, conducting port se-
curity vulnerability assessments, and implementing
port security standards.
(2) IDENTIFICATION
OF
STRATEGIC
FOREIGN
PORTS.—The Administrator shall work with the Sec-
retary of Defense and the Attorney General to iden-
tify those foreign seaports where inadequate security
or a high level of port security vulnerability poses a
strategic threat to United States defense interests or
may be implicated in criminal activity in the United
States.
(3) 
DISSEMINATION
OF
INFORMATION
ABROAD.—The Administrator shall work with the
Secretary of State to facilitate the dissemination of
seaport security program information to port au-
thorities and marine terminal operators in other
countries.
(d) FUNDING.—Of the amounts made available under
section 17(b) there shall be made available to the Adminis-
trator $500,000 for each of fiscal years 2003 through
2006 without further appropriation to carry out this sec-
tion, such sums to remain available until expended.
SEC. 9. MARITIME SECURITY PROFESSIONAL TRAINING.
(a) IN GENERAL.—The Secretary shall establish a
program, in consultation with the Federal Law Enforce-
ment Training Center, the United States Merchant Ma-
rine Academy’s Global Maritime and Transportation
School, and the Maritime Security Council, the Inter-
national Association of Airport and Seaport Police, and
the American Association of Port Authorities, to develop
standards and procedures for training and certification of
maritime security professionals.
(b) ESTABLISHMENT OF SECURITY INSTITUTE.—The
Secretary shall establish the Maritime Security Institute
at the United States Merchant Marine Academy’s Global
Maritime and Transportation School to train and certify
maritime security professionals in accordance with inter-
nationally recognized law enforcement standards. Institute
instructors shall be knowledgeable about Federal and
international law enforcement, maritime security, and port
and maritime operations.
(c) TRAINING AND CERTIFICATION.—The following
individuals shall be eligible for training at the Institute:
(1) Maritime security professionals.
(2) Individuals who are employed, whether in
the public or private sector, in maritime law enforce-
ment or security activities.
(3) Individuals who are employed, whether in
the public or private sector, in planning, executing,
or managing security operations—
(A) at United States ports;
(B) on passenger or cargo vessels with
United States citizens as passengers or crew-
members;
(C) in foreign ports used by United States-
flagged vessels or by foreign-flagged vessels
with United States citizens as passengers or
crewmembers.
(d) PROGRAM ELEMENTS.—The program established
by the Secretary under subsection (a) shall include the fol-
lowing elements:
(1) The development of standards and proce-
dures for certifying maritime security professionals,
or eligible individuals employed in the public or pri-
vate sector.
(2) The training and certification of maritime
security professionals and eligible individuals em-
ployed in the public or private sector in accordance
with internationally accepted law enforcement and
security guidelines, policies, and procedures.
(3) The training of students and instructors in
all aspects of prevention, detection, investigation,
and reporting of criminal activities in the inter-
national maritime environment.
(4) The provision of offsite training and certifi-
cation 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 crew-
members, to develop and enhance security awareness
and practices.
(e) ANNUAL REPORT.—The Institute shall transmit
an annual report to the Senate Committee on Commerce,
Science, and Transportation and the House of Represent-
atives Committee on Transportation and Infrastructure on
the expenditure of appropriated funds and the training
and other activities of the Institute.
(f) FUNDING.—Of the amounts made available under
section 17(b), there shall be made available to the Sec-
retary, without further appropriation, to carry out this
section—
(1) $2,500,000 for each of fiscal years 2003
and 2004, and
(2) $1,000,000 for each of fiscal years 2005
and 2006,
such amounts to remain available until expended.
SEC. 10. PORT SECURITY INFRASTRUCTURE IMPROVE-
MENT.
(a) IN GENERAL.—Title XI of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1271 et seq.) is amended by
adding at the end thereof the following:
‘‘SEC. 1113. LOAN GUARANTEES FOR PORT SECURITY IN-
FRASTRUCTURE IMPROVEMENTS.
‘‘(a) IN GENERAL.—The Secretary, under section
1103(a) and subject to the terms the Secretary shall pre-
scribe and after consultation with the Coast Guard, the
United States Customs Service, and the Port Security
Task Force established under section 3 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 seaport security
infrastructure improvements for an eligible project at any
United States seaport involved in international trade.
‘‘(b) LIMITATIONS.—Guarantees or commitments to
guarantee under this section are subject to the extent ap-
plicable to all the laws, requirements, regulations, and pro-
cedures that apply to guarantees or commitments to guar-
antee made under this title.
‘‘(c) TRANSFER OF FUNDS.—The Secretary may ac-
cept the transfer of funds from any other department,
agency, or instrumentality of the United States Govern-
ment and may use those funds to cover the cost (as de-
fined in section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 61a)) of making guarantees or commit-
ments to guarantee loans entered into under this section.
‘‘(d) ELIGIBLE PROJECTS.—A project is an eligible
project for purposes of a loan guarantee or commitment
under subsection (a) if it is for the construction or acquisi-
tion of—
‘‘(1) equipment or facilities to be used for sea-
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. 1114. GRANTS.
‘‘(a) FINANCIAL ASSISTANCE.—The Secretary may
provide financial assistance for eligible projects (within the
meaning of that term under section 1113(d)), including
to reimburse costs previously incurred for such a project.
‘‘(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. In calcu-
lating that percentage, the non-Federal share of
project costs may be provided by in-kind contribu-
tions and other noncash support.
‘‘(2) EXCEPTIONS.—
‘‘(A) SMALL
PROJECTS.—There are no
matching requirements for grants under sub-
section (a) for projects costing not more than
$25,000.
‘‘(B) HIGHER
LEVEL
OF
SUPPORT
RE-
QUIRED.—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 Task Force under section 5 of the Port
and Maritime Security Act of 2001.
‘‘(d) PROJECT PROPOSALS.—Each proposal for a
grant under this section shall include the following:
‘‘(1) The name of the individual or entity re-
sponsible for conducting the project.
‘‘(2) A succinct statement of the purposes of
the project.
‘‘(3) A description of the qualifications of the
individuals who will conduct the project.
‘‘(4) An estimate of the funds and time re-
quired to complete the project.
‘‘(5) Evidence of support of the project by ap-
propriate representatives of States or territories of
the United States or other government jurisdictions
in which the project will be conducted.