I
107TH CONGRESS
1ST SESSION
H. R. 3013
To direct the Secretary of Transportation to take actions to improve security
at the maritime borders of the United States.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 3, 2001
Ms. BROWN of Florida introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To direct the Secretary of Transportation to take actions
to improve security at the maritime borders of the
United States.
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. PORT SECURITY TASK FORCE.
(a) ESTABLISHMENT.—The Secretary shall establish
a Port Security Task Force. The Task Force shall advise
and make recommendations to the Secretary regarding
matters related to—
(1) implementing the provisions of this Act;
(2) coordinating programs to enhance the secu-
rity and safety of United States seaports;
(3) providing long-term solutions for seaport se-
curity issues;
(4) coordinating the security operations of local
seaport security committees;
(5) ensuring that the public and local seaport
security committees are kept informed about seaport
security enhancement developments;
(6) establishing conditions under which loan
guarantees and grants are made; and
(7) consulting 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
FEDERAL
AGENCIES.—The Sec-
retary shall consult with the Secretary of the Treas-
ury to invite the participation of the United States
Customs Service, and may invite the participation of
other departments and agencies of the United States
with an interest in port security, port security-re-
lated matters, and border protection issues.
(3) STATE
AND
LOCAL
GOVERNMENT
REP-
RESENTATIVES.—The Secretary shall appoint to the
Task Force representatives of State and local law
enforcement agencies having an interest in port se-
curity issues.
(4) 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 considers beneficial.
(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 15(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. 3. ESTABLISHMENT OF LOCAL PORT SECURITY COM-
MITTEES.
(a) IN GENERAL.—The Secretary shall establish local
seaport security committees—
(1) to use 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 conducted under section 4;
(4) to implement the guidance developed under
section 6;
(5) to coordinate planning and other necessary
security activities by conducting meetings at least 4
times each year, to disseminate 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 Secretary may use or augment any existing harbor
safety committee or seaport readiness committee, but the
membership of the seaport security committee shall in-
clude 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
considered 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 15(b) there shall be made available to the Sec-
retary $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. 4. COAST GUARD PORT SECURITY VULNERABILITY AS-
SESSMENTS.
(a) IN GENERAL.—The Secretary, 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 conducting seaport security
vulnerability assessments in order to provide comments
and recommendations to the Secretary for consideration.
(b) INITIAL SCHEDULE.—The Secretary, in coopera-
tion with local port security committee officials with prop-
er security clearances, shall complete no fewer than 10
seaport security vulnerability assessments annually, until
it has completed such assessments for the 50 ports deter-
mined by the Secretary to be the most strategic or eco-
nomically strategic ports in the United States. If a seaport
security vulnerability assessment has been conducted with-
in 5 years by or on behalf of a port authority or marine
terminal operator, and the Secretary determines that it
was conducted in a manner that is generally consistent
with the standards and procedures developed under sub-
section (a), the Secretary may accept that assessment
rather than conducting another seaport security vulner-
ability assessment for that port.
(c) REVIEW BY PORT AUTHORITY.—The Secretary
shall make the seaport security vulnerability assessment
for a seaport available for review and comment by mem-
bers of the local port security committee with proper secu-
rity clearances, marine terminal operator representatives
with proper security clearances, and representatives of
other entities with proper security clearances determined
by the local port security committee to be connected or
affiliated with marine commerce.
(d) MAPS AND CHARTS.—
(1) COLLECTION
AND
DISTRIBUTION.—The
Secretary, working through local seaport security
committees established under section 3 where appro-
priate, 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 United States 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 Secretary shall es-
tablish a process for providing relevant maps and
charts collected under paragraph (1), and other rel-
evant material, available, on a secure and confiden-
tial basis, to appropriate Federal, State, and local
government agencies, and seaport authorities, for
the purpose of obtaining the comments of those
agencies before completing a seaport vulnerability
assessment for each such seaport.
(3) SECURE STORAGE AND LIMITED ACCESS.—
The Secretary shall establish procedures that ensure
that maps, charts, and other material made available
to Federal, State, and local government agencies,
seaport authorities, and local seaport security com-
mittees are maintained in a secure and confidential
manner and that access thereto is limited appro-
priately.
(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 Secretary shall report
annually to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives on the status of seaport security in a form
that does not compromise, or present a threat to the dis-
closure of security-sensitive information about, the seaport
security vulnerability assessments conducted under this
Act. The report may include recommendations for further
improvements in seaport security measures and for any
additional enforcement measures necessary to ensure com-
pliance with the seaport security plan requirements of this
Act.
(f) FUNDING.—Of the amounts made available under
section 15(b) there shall be made available to the Sec-
retary $10,000,000 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. MARITIME TRANSPORTATION SECURITY PRO-
GRAMS.
(a) IN GENERAL.—The Secretary shall initiate a
rulemaking proceeding to prescribe regulations to protect
the public from threats of crime or terrorism from or to
vessels in maritime transportation originating or termi-
nating in a United States seaport as well as threats of
crime or terrorism to maritime or intermodal infrastruc-
ture directly associated with coastal, intercoastal, and in-
land marine terminals. In prescribing a regulation under
this subsection, the Secretary 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 3(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 Secretary 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.
(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 Secretary shall initiate
a rulemaking within 90 days after the date of enact-
ment of this Act to establish a program under which
a port authority or marine terminal operator may
use an automated fingerprint identification system
for employees first hired after the program is imple-
mented who may have access to ocean manifests in
the scope of their employment.
(2) USE OF IAFIS.—Notwithstanding any provi-
sion of law to the contrary, the Secretary may access
the Integrated Automated Fingerprint Identification
System for the purpose of carrying out the require-
ments of this Act.
(3) PRIVACY AND PROCEDURAL SAFEGUARDS.—
The program established by the Secretary 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) Except as provided in subparagraph
(C), a felony conviction for any of the following
offenses constitutes grounds for disqualification
of an individual to whom the program applies
from employment in a position in which the in-
dividual would have access to ocean manifests
in the scope of that individual’s employment:
(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 for which an individual
completed a term of imprisonment more than
10 years before the date of application for em-
ployment 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 Secretary may re-
quire reimbursement from port authorities and ma-
rine 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 Government from exer-
cising, or limits its authority to exercise, any other statu-
tory or regulatory authority to initiate or enforce seaport
security standards.
SEC. 6. SECURITY PROGRAM GUIDANCE.
(a) IN GENERAL.—The Secretary, in consultation
with the Task Force, shall develop voluntary security guid-
ance that will serve as a benchmark for the review of secu-
rity 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 Secretary, 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 necessary.
(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. 7. INTERNATIONAL SEAPORT SECURITY.
(a) INTERNATIONAL APPLICATION.—The Secretary
shall make every effort to have the guidance developed
under section 6(a) adopted by appropriate international
organizations as an international standard and shall, act-
ing through appropriate officers of the United States Gov-
ernment, seek to encourage the development and adoption
of seaport security standards under international agree-
ments in other countries where adoption of the same or
similar standards might be appropriate.
(b) INTERNATIONAL PORT SECURITY IMPROVEMENT
ACTIVITIES.—
(1) IN GENERAL.—The Secretary shall establish
a program to assist foreign seaport operators in
identifying port security risks, conducting port secu-
rity vulnerability assessments, and implementing
port security standards.
(2) IDENTIFICATION
OF
STRATEGIC
FOREIGN
PORTS.—The Secretary 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 Secretary shall work with the Sec-
retary of State to facilitate the dissemination of sea-
port security program information to port authori-
ties and marine terminal operators in other coun-
tries.
(c) FUNDING.—Of the amounts made available under
section 15(b) there shall be made available to the Sec-
retary $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. 8. MARITIME SECURITY PROFESSIONAL TRAINING.
(a) IN GENERAL.—The Secretary shall establish a
program, in consultation with the Federal Law Enforce-
ment Training Center, the Maritime Security Council, the
International Association of Airport and Seaport Police,
and the American Association of Port Authorities, to de-
velop standards and procedures for training and certifi-
cation of maritime security professionals.
(b) ESTABLISHMENT OF SECURITY INSTITUTE.—The
Secretary shall establish the Maritime Security Institute
to train and certify maritime security professionals in ac-
cordance with internationally recognized law enforcement
standards. Institute instructors shall be knowledgeable
about Federal and international law enforcement, mari-
time 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 Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives on the expenditure of appropriated funds and
the training and other activities of the Institute.
(f) FUNDING.—Of the amounts made available under
section 15(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. 9. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.
(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 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 2 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 subsection (a) if it is for the con-
struction or acquisition 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)).
‘‘(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 4 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.
‘‘(6) Information regarding the source and
amount of matching funding available to the appli-
cant, as appropriate.
‘‘(7) Any other information the Secretary con-
siders to be necessary for evaluating the eligibility of
the project for funding under this title.’’.
(b) ANNUAL ACCOUNTING.—The Secretary of Trans-
portation shall submit an annual summary of loan guaran-
tees and commitments to make loan guarantees under sec-
tion 1113 of the Merchant Marine Act, 1936 and grants
made under section 1114 of that Act, as amended by this
Act, to the Task Force. The Task Force shall make that
information available to the public and to local seaport se-
curity committees through appropriate media of commu-
nication, including the Internet.
(c) FUNDING.—Of amounts made available under
section 15(b), there shall be made available to the Sec-
retary of Transportation without further appropriation—
(1) $8,000,000 for each of the fiscal years
2003, 2004, 2005, and 2006 as guaranteed loan
costs (as defined in section 502(5) of the Federal
Credit Reform Act of 1990; 2 U.S.C. 661a(5)),
(2) $10,000,000 for each of such fiscal years
for grants under section 1114 of the Merchant Ma-
rine Act, 1936, as amended by this Act, and
(3) $2,000,000 for each such fiscal year to
cover administrative expenses related to loan guar-
antees and grants,
such amounts to remain available until expended.
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the amounts made available under subsection
(c)(2), there are authorized to be appropriated to the Sec-
retary of Transportation for grants under section 1114
of the Merchant Marine Act, 1936, as amended by this
Act, $10,000,000 for each of the fiscal years 2003, 2004,
2005, and 2006.
SEC. 10. SCREENING AND DETECTION EQUIPMENT.
(a) FUNDING.—Of amounts made available under
section 15(b), there shall be made available to the Sec-
retary without further appropriation for the purchase of
nonintrusive screening and detection equipment for use at
United States seaports—
(1) $15,000,000 for fiscal year 2003,
(2) $16,000,000 for fiscal year 2004,
(3) $18,000,000 for fiscal year 2005, and
(4) $19,000,000 for fiscal year 2006,
such sums to remain available until expended.
(b) ACCOUNTING.—The Secretary shall submit a re-
port for each such fiscal year to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives on the expenditure of funds ap-
propriated pursuant to this section.
SEC. 11. ANNUAL REPORT ON MARITIME SECURITY AND
TERRORISM.
Section 905 of the International Maritime and Port
Security Act (46 U.S.C. App. 1802) is amended by adding
at the end thereof the following: ‘‘Beginning with the first
report submitted under this section after the date of en-
actment of the Port and Maritime Security Act of 2001,
the Secretary shall include a description of activities un-
dertaken under that Act and an analysis of the effect of
those activities on seaport security against acts of ter-
rorism.’’.
SEC. 12. REVISION OF PORT SECURITY PLANNING GUIDE.
The Secretary of Transportation, after consultation
with the Task Force, the Maritime Administration, and
the Coast Guard, shall publish a revised version of the
document entitled ‘‘Port Security: A National Planning
Guide’’, incorporating the guidance promulgated under
section 6, within 3 years after the date of enactment of
this Act, and make that revised document available on the
Internet.
SEC. 13. SECRETARY OF TRANSPORTATION TO COORDI-
NATE PORT-RELATED CRIME DATA COLLEC-
TION.
(a) IN GENERAL.—The Secretary of Transportation
shall—
(1) require, to the extent feasible, United States
Government agencies with significant regulatory or
law enforcement responsibilities at United States
seaports to modify their information databases to
ensure the collection and retrievability of data relat-
ing to crime at or affecting such seaports;
(2) evaluate the feasibility of capturing data on
cargo theft offenses (including such offenses occur-
ring outside such seaports) that would indicate the
port of entry, the port where the shipment origi-
nated, and where the theft occurred, and maintain-
ing the confidentiality of shipper and carrier unless
voluntarily disclosed, and, if feasible, implement its
capture;
(3) if the capture of data under paragraph (2)
is feasible—
(A) establish an outreach program to work
with State law enforcement officials to har-
monize the reporting of data on cargo theft
among the States and with the United States
government’s reports; and
(B) if the harmonization of the reporting
of such data among the States is not feasible,
evaluate the feasibility of using private data-
bases on cargo theft and disseminating cargo
theft information that maintains the confiden-
tiality of shipper and carrier to the Captain of
the Port of the port of entry for further dis-
semination to appropriate law enforcement offi-
cials; and
(4) restrict the use of all data captured or dis-
seminated under this subsection to use by law en-
forcement authorities for law enforcement or port se-
curity measures.
(b) REPORT
ON FEASIBILITY.—The Secretary of
Transportation shall report to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives within 1 year after the date of
enactment of this Act on the feasibility of each activity
authorized by subsection (a).
(c) FUNDING.—Out of amounts made available under
section 15(b), there shall be made available to the Sec-
retary of Transportation, without further appropriation,
$1,000,000 for each of fiscal years 2003, 2004, 2005, and
2006, to modify existing data bases to capture data on
cargo theft offenses and to make grants to States to har-
monize data on cargo theft, such sums to remain available
until expended.
SEC. 14. SHARED DOCKSIDE INSPECTION FACILITIES.
(a) IN GENERAL.—The Secretary of Transportation
and the heads of other Federal departments and agencies
shall work with each other, the Task Force, and the States
to establish shared dockside inspection facilities at United
States seaports for Federal and State agencies.
(b) FUNDING.—Of the amounts made available under
section 15(b), there shall be made available to the Sec-
retary of the Transportation, without further appropria-
tion, $1,000,000 for each of fiscal years 2003, 2004,
2005, and 2006, such sums to remain available until ex-
pended, to establish shared dockside inspection facilities
at United States seaports in consultation with the Sec-
retary of the Treasury, the Secretary of Agriculture, and
the Attorney General.
SEC. 15. 4-YEAR REAUTHORIZATION OF TONNAGE DUTIES.
(a) IN GENERAL.—
(1) EXTENSION OF DUTIES.—Section 36 of the
Act of August 5, 1909 (36 Stat. 111; 46 U.S.C.
App. 121), is amended by striking ‘‘through 2002,’’
each place it appears and inserting ‘‘through 2006,’’.
(2) CONFORMING AMENDMENT.—The Act enti-
tled ‘‘An Act concerning tonnage duties on vessels
entering otherwise than by sea’’, approved March 8,
1910 (36 Stat 234; 46 U.S.C. App. 132), is amend-
ed by striking ‘‘through 2002,’’ and inserting
‘‘through 2006,’’.
(b) AVAILABILITY OF FUNDS.—Amounts deposited in
the general fund of the Treasury as receipts of tonnage
charges collected as a result of the amendments made by
subsection (a) shall be made available in each of fiscal
years 2003 through 2006 to carry out this Act, as pro-
vided in sections 2(g), 3(f), 4(f), 7(d), 8(f), 9(c), 10(a),
13(d), and 14(b).
SEC. 16. DEFINITIONS.
In this Act:
(1) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap-
tain-of-the-Port’’ means the United States Coast
Guard’s Captain-of-the-Port.
(2) SECRETARY.—Except as otherwise provided,
the term ‘‘Secretary’’ means the Secretary of Trans-
portation.
(3) TASK
FORCE.—The term ‘‘Task Force’’
means the Port Security Task Force established
under section 2.
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