I
108TH CONGRESS
1ST SESSION
H. R. 2193
To provide funding for port security enhancements, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 2003
Mr. OSE (for himself, Mr. TIERNEY, Mr. JANKLOW, Ms. HARMAN, Mr. LEWIS
of California, and Mr. SCHROCK) 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 subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide funding for port security enhancements, 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 Security Improve-
ments Act of 2003’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) After the tragic terrorist events of Sep-
tember 11, 2001, the Congress initially focused on
large-scale terrorist attack at a United States port
could not only cause widespread damage but also se-
riously affect the United States economy.
(5) The General Accounting Office found that,
during fiscal years 1999, 2000, and 2001, expendi-
tures by 13 Federal agencies for the maritime trans-
portation system averaged about $3,900,000,000 per
year. Three agencies accounted for 93 percent of
these expenditures: the Corps of Engineers, the
Coast Guard, and the Customs Service. The cost of
Customs Service operations for fiscal years 1999,
2000, and 2001 was $484,200,000, $538,400,000,
and $577,200,000, respectively.
(6) During that same period, 11 Federal agen-
cies collected approximately $1,000,000,000 each
year from maritime transportation system users. In
addition, customs duties levied on commodities im-
ported through the maritime transportation system
averaged approximately $15,200,000,000 each year.
In comparison, custom duties levied on commodities
imported through the aviation transportation system
and highway transportation system averaged ap-
proximately $3,700,000,000 and $900,000,000 each
year, respectively.
(7) Many of the needed maritime transportation
security improvements will require costly outlays for
infrastructure, technology, and personnel. Before
September 11, 2001, the Interagency Commission
on Crime and Security in United States Seaports es-
timated that the cost of upgrading security infra-
structure at United States ports ranged from
$10,000,000 to $50,000,000 per port. These esti-
mates could increase dramatically due to new post-
September 11 security requirements. For example,
for the first $93,300,000 of Federal grant funds for
port security made available in a supplemental ap-
propriations Act, the Federal Government received
grant applications for almost $700,000,000. For the
second round of an expected $105,000,000 of Fed-
eral grants with funds made available in such Act,
the Federal Government received applications for
$997,000,000.
(8) In December 2002, the Coast Guard pub-
lished its ‘‘Cost analysis report for vessel, facility,
and port security’’ (Appendix C to the notice pub-
lished December 30, 2002 (67 Fed. Reg. 79742),
which included its estimates of first-year costs for
maritime transportation security improvements of
$1,300,000,000, and 10-year costs for such improve-
ments of $6,000,000,000.
SEC. 3. FINANCING PORT SECURITY ENHANCEMENTS.
(a) PORTION OF DUTIES COLLECTED AT PORTS.—
For each fiscal year, there shall be available to the Sec-
retary of Homeland Security for port security enhance-
ments at each port through which articles transported by
vessel are unladen for purposes of entering the customs
territory of the United States, 30 percent of the amount
by which duties collected during the preceding fiscal year
on such articles that so entered through that port exceed
port security costs incurred at that port during the pre-
ceding fiscal year.
(b) DEFINITIONS.—In this section—
(1) the term ‘‘port security enhancements’’
means—
(A) administrative processing and associ-
ated services for increasing port security, in-
cluding administering the transportation secu-
rity cards (also known as the Transportation
Worker Identification Credential) issued under
section 70105 of title 46, United States Code,
including background checks and training;
(B) physical services (including inspections
of cruise passengers, cargo, and empty con-
tainers) and certifications;
(C) construction and maintenance, includ-
ing upgrades to security infrastructure; and
(D) miscellaneous services;
(2) the term ‘‘port security costs’’ means costs
incurred by the Federal Government for the mari-
time transportation system, including—
(A) administrative processing and associ-
ated services;
(B) physical services, including inspections
and certifications;
(C) construction and maintenance; and
(D) miscellaneous services; and
(3) the term ‘‘vessel’’ has the meaning given
that term in section 401 of the Tariff Act of 1930
(19 U.S.C. 1401).
(c) PERIOD
OF APPLICATION.—Amounts shall be
available under subsection (a) only for the first five fiscal
years beginning after the date of the enactment of this
Act.
SEC. 4. DEADLINE FOR TRANSPORTATION SECURITY CARD
REGULATIONS.
Notwithstanding section 102 of the Maritime Trans-
portation Security Act of 2002 (Public Law 107–295; 116
Stat. 2085; 46 U.S.C. 70101 note), the Secretary of the
department in which the Coast Guard is operating—
(1) shall issue interim final regulations under
section 70105 of title 46, United States Code, by
not later than 6 months after the date of the enact-
ment of this Act; and
(2) shall issue final regulations under that sec-
tion by not later than 12 months after the date of
the enactment of this Act.
SEC. 5. STANDARDIZATION OF SECURITY REQUIREMENTS
FOR PORTS, VESSELS AND FACILITIES.
The Secretary of the department in which the Coast
Guard is operating shall issue regulations under section
70103 of title 46, United States Code, that establish a
national minimum set of standard security requirements
for—
(1) each port in the United States;
(2) each facility in a port in the United States;
and
(3) each vessel entering a United States port.
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