‘‘(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, to the Task Force.
The Task Force shall make that information available to
the public and to local seaport security committees
through appropriate media of communication, including
the Internet.
(c) FUNDING.—Of amounts made available under
section 17(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, 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, $10,000,000 for each
of the fiscal years 2003, 2004, 2005, and 2006.
SEC. 11. SCREENING AND DETECTION EQUIPMENT.
(a) FUNDING.—Of amounts made available under
section 17(b), there shall be made available to the Com-
missioner of Customs without further appropriation for
the purchase of non-intrusive 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 Commissioner shall submit a
report for each such fiscal year to the Senate Committee
on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and In-
frastructure on the expenditure of funds appropriated pur-
suant to this section.
SEC. 12. 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. 13. REVISION OF PORT SECURITY PLANNING GUIDE.
The Secretary of Transportation, acting through the
Maritime Administration and after consultation with the
Task Force and the Coast Guard, shall publish a revised
version of the document entitled ‘‘Port Security: A Na-
tional Planning Guide’’, incorporating the guidance pro-
mulgated under section 7, within 3 years after the date
of enactment of this Act, and make that revised version
available on the Internet.
SEC. 14. 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, where the theft occurred, and maintaining the
confidentiality of shipper and carrier unless volun-
tarily disclosed, and, if feasible, implement its cap-
ture;
(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 Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infra-
structure within 1 year after the date of enactment of this
Act on the feasibility of each activity authorized by sub-
section (a).
(c) INTERSTATE OR FOREIGN SHIPMENTS BY CAR-
RIER.—
(1) IN
GENERAL.—Section 659 of title 18,
United States Code, is amended—
(A) by striking ‘‘with intent to convert to
his own use’’ each place it appears;
(B) 
by 
inserting 
‘‘trailer,’’ 
after
‘‘motortruck,’’ in the first undesignated para-
graph;
(C) by inserting ‘‘air cargo container,’’
after ‘‘aircraft,’’ in the first undesignated para-
graph;
(D) by inserting a comma and ‘‘or from
any intermodal container, trailer, container
freight station, warehouse, or freight consolida-
tion facility,’’ after ‘‘air navigation facility’’ in
the first undesignated paragraph;
(E) by striking ‘‘one year’’ and inserting
‘‘3 years’’ in the fifth undesignated paragraph;
(F) by adding at the end of the fifth un-
designated paragraph the following: ‘‘Notwith-
standing the preceding sentence, the court may,
upon motion of the Attorney General, reduce
any penalty imposed under this paragraph with
respect to any defendant who provides informa-
tion leading to the arrest and conviction of any
dealer or wholesaler of stolen goods or chattels
moving as or which are a part of or which con-
stitute an interstate or foreign shipment.’’;
(G) by inserting after the first sentence in
the penultimate undesignated paragraph the
following: ‘‘For purposes of this section, goods
and chattel shall be construed to be moving as
an interstate or foreign shipment at all points
between the point of origin and the final des-
tination (as evidenced by the waybill or other
shipping document of the shipment), regardless
of any temporary stop while awaiting trans-
shipment or otherwise.’’; and
(H) by adding at the end the following:
‘‘It shall be an affirmative defense (on which the de-
fendant bears the burden of persuasion by a preponder-
ance of the evidence) to an offense under this section that
the defendant bought, received, or possessed the goods,
chattels, money, or baggage at issue with the sole intent
to report the matter to an appropriate law enforcement
officer or to the owner of the goods, chattels, money, or
baggage.’’.
(2) FEDERAL SENTENCING GUIDELINES.—Pur-
suant to section 994 of title 28, United States Code,
the United States Sentencing Commission shall
amend the Federal sentencing guidelines to provide
a sentencing enhancement of not less than 2 levels
for any offense under section 659 of title 18, United
States Code, as amended by this section.
(3) REPORT
TO
CONGRESS.—The Attorney
General shall annually submit to Congress a report,
which shall include an evaluation of law enforcement
activities relating to the investigation and prosecu-
tion of offenses under section 659 of title 18, United
States Code.
(d) FUNDING.—Out of amounts made available under
section 17(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. 15. SHARED DOCKSIDE INSPECTION FACILITIES.
(a) IN GENERAL.—The Secretary of the Treasury,
the Secretary of Agriculture, the Secretary of Transpor-
tation, and the Attorney General 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 17(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. 16. IMPROVED CUSTOMS REPORTING PROCEDURES.
In a manner that is consistent with the promulgation
of the manifesting and in-bond regulations and with the
phased-in implementation of those regulations in the de-
velopment of the Automated Commercial Environment
Project, the United States Customs Service shall improve
reporting of imports at United States seaports—
(1) by promulgating regulations to require, not-
withstanding the second sentence of section 411(b)
of the Tariff Act of 1930 (19 U.S.C. 1411(b)), all
ocean manifests to be transmitted in electronic form
to the Service in sufficient time for the information
to be used effectively by the Service;
(2) by promulgating regulations to require, not-
withstanding sections 552, 553, and 1641 of such
Act (19 U.S.C. 1552, 1553, and 1641), all entries
of goods, including in-bond entries, to provide the
same information required for entries of goods re-
leased into the commerce of the United States to the
Service before the goods are released for shipment
from the seaport of first arrival; and
(3) by distributing the information described in
paragraphs (1) and (2) on a real-time basis to any
Federal, State, or local government agency that has
a regulatory or law-enforcement interest in the
goods.
SEC. 17. 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 3(g), 4(f), 5(f), 8(d), 9(f), 10(c), 11(a),
14(d), and 15(b).
SEC. 18. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Maritime
Administration.
(2) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap-
tain-of-the-Port’’ means the Coast Guard’s Captain-
of-the-Port.
(3) COMMANDANT.—The term ‘‘Commandant’’
means the Commandant of the Coast Guard.
(4) SECRETARY.—Except as otherwise provided,
the term ‘‘Secretary’’ means the Secretary of Trans-
portation.
(5) TASK
FORCE.—The term ‘‘Task Force’’
means the Port Security Task Force established
under section 3.
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