H. R. 2443—54
(9) include recommendations on how private sector mari-
time information resources could be utilized to analyze mari-
time security risks;
(10) include recommendations on how to disseminate
information collected and analyzed through Federal maritime
security coordinators, including the manner and extent to which
State, local, and private security personnel should be utilized,
which should be developed after consideration by the Secretary
of the need for nondisclosure of sensitive security information;
and
(11) include recommendations on the need for and how
the department could help support a maritime information
sharing and analysis center for the purpose of collecting and
disseminating real-time or near real-time information to and
from public and private entities, along with recommendations
on the appropriate levels of funding to help disseminate mari-
time security information to the private sector.
(d) LIMITATION ON ESTABLISHMENT OF LEAD AGENCY.—The Sec-
retary may not establish a lead agency within the Department
of Homeland Security to coordinate the efforts of other Department
agencies in the collection of maritime information, until at least
90 days after the plan under subsection (c) is submitted to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives.
SEC. 804. MARITIME TRANSPORTATION SECURITY GRANTS.
(a) GRANT PROGRAM.—Section 70107(a) of title 46, United
States Code, is amended to read as follows:
‘‘(a) IN GENERAL.—The Secretary shall establish a grant pro-
gram for making a fair and equitable allocation of funds to imple-
ment Area Maritime Transportation Security Plans and facility
security plans among port authorities, facility operators, and State
and local government agencies required to provide port security
services. Before awarding a grant under the program, the Secretary
shall provide for review and comment by the appropriate Federal
Maritime Security Coordinators and the Maritime Administrator.
In administering the grant program, the Secretary shall take into
account national economic and strategic defense concerns.’’.
(b) SECRETARY ADMINISTERING.—Section 70107 of title 46,
United States Code, is amended—
(1) by striking ‘‘Secretary of Transportation’’ each place
it appears and inserting ‘‘Secretary’’;
(2) by striking ‘‘Department of Transportation’’ each place
it appears and inserting ‘‘department in which the Coast Guard
is operating’’.
(c) EFFECTIVE DATE.—Subsections (a) and (b)—
(1) shall take effect October 1, 2004; and
(2) shall not affect any grant made before that date.
(d) REPORT ON DESIGN OF MARITIME TRANSPORTATION SECURITY
GRANT PROGRAM.—Within 90 days after the date of enactment
of this Act, the Secretary of the department in which the Coast
Guard is operating shall transmit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of House of Represent-
atives on the design of the maritime transportation security grant
program established under section 70107(a) of title 46, United
H. R. 2443—55
States Code. In the report, the Secretary shall include recommenda-
tions on—
(1) whether the grant program should be discretionary
or formula-based and the reasons for the recommendation;
(2) requirements for ensuring that Federal funds will not
be substituted for grantee funds;
(3) targeting requirements to ensure that funding is
directed in a manner that considers—
(A) national economic and strategic defense concerns;
and
(B) the fiscal capacity of the recipients to fund facility
security plan requirements without grant funds; and
(4) matching requirements to ensure that Federal funds
provide an incentive to grantees for the investment of their
own funds in the improvements financed in part by Federal
funds provided under the program.
SEC. 805. SECURITY ASSESSMENT OF WATERS UNDER THE JURISDIC-
TION OF THE UNITED STATES.
Not later than one year after the date of the enactment of
this Act, the Secretary of the department in which the Coast Guard
is operating shall—
(1) conduct a vulnerability assessment under section
70102(b) of title 46, United States Code, of the waters under
the jurisdiction of the United States that are adjacent to nuclear
facilities that may be damaged by a transportation security
incident as defined in section 70101 (6) of title 46, United
States Code;
(2) coordinate with the appropriate Federal agencies in
preparing the vulnerability assessment required under para-
graph (1); and
(3) submit the vulnerability assessments required under
paragraph (1) to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 806. MEMBERSHIP OF AREA MARITIME SECURITY ADVISORY
COMMITTEES.
Section 70112(b) of title 46, United States Code, is amended
by adding at the end to following:
‘‘(5) The membership of an Area Maritime Security
Advisory Committee shall include representatives of the port
industry, terminal operators, port labor organizations, and
other users of the port areas.’’.
SEC. 807. JOINT OPERATIONAL CENTERS FOR PORT SECURITY.
The Commandant of the Coast Guard shall report to the Con-
gress, within 180 days after the date of the enactment of this
Act, on the implementation and use of joint operational centers
for port security at certain United States seaports. The report
shall—
(1) compare and contrast the composition and operational
characteristics of existing joint operational centers for port secu-
rity, including those in Norfolk, Virginia, Charleston, South
Carolina, and San Diego, California;
(2) examine the use of such centers to implement—
(A) the plans developed under section 70103 of title
46, United States Code;
H. R. 2443—56
(B) maritime intelligence activities under section 70113
of title 46, United States Code;
(C) short and long range vessel tracking under sections
70114 and 70115 of title 46, United States Code; and
(D) secure transportation systems under section 70116
of title 46, United States Code; and
(3) estimate the number, location and costs of such centers
necessary to implement the activities authorized under sections
70103, 701113, 70114, 70115, and 70116 of title 46, United
States Code.
SEC. 808. INVESTIGATIONS.
(a) IN GENERAL.—Section 70107 of title 46, United States Code,
is amended by striking subsection (i) and inserting the following:
‘‘(i) INVESTIGATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall conduct investiga-
tions, fund pilot programs, and award grants, to examine or
develop—
‘‘(A) methods or programs to increase the ability to
target for inspection vessels, cargo, crewmembers, or pas-
sengers that will arrive or have arrived at any port or
place in the United States;
‘‘(B) equipment to detect accurately explosives, chem-
ical, or biological agents that could be used in a transpor-
tation security incident against the United States;
‘‘(C) equipment to detect accurately nuclear or radio-
logical materials, including scintillation-based detection
equipment capable of signalling the presence of nuclear
or radiological materials;
‘‘(D) improved tags and seals designed for use on ship-
ping containers to track the transportation of the merchan-
dise in such containers, including sensors that are able
to track a container throughout its entire supply chain,
detect hazardous and radioactive materials within that
container, and transmit that information to the appropriate
law enforcement authorities;
‘‘(E) tools, including the use of satellite tracking sys-
tems, to increase the awareness of maritime areas and
to identify potential transportation security incidents that
could have an impact on facilities, vessels, and infrastruc-
ture on or adjacent to navigable waterways, including
underwater access;
‘‘(F) tools to mitigate the consequences of a transpor-
tation security incident on, adjacent to, or under navigable
waters of the United States, including sensor equipment,
and other tools to help coordinate effective response to
a transportation security incident;
‘‘(G) applications to apply existing technologies from
other areas or industries to increase overall port security;
‘‘(H) improved container design, including blast-resist-
ant containers; and
‘‘(I) methods to improve security and sustainability
of port facilities in the event of a maritime transportation
security incident, including specialized inspection facilities.
‘‘(2) IMPLEMENTATION OF TECHNOLOGY.—
‘‘(A) IN GENERAL.—In conjunction with ongoing efforts
to improve security at United States ports, the Secretary
H. R. 2443—57
may conduct pilot projects at United States ports to test
the effectiveness and applicability of new port security
projects, including—
‘‘(i) testing of new detection and screening tech-
nologies;
‘‘(ii) projects to protect United States ports and
infrastructure on or adjacent to the navigable waters
of the United States, including underwater access; and
‘‘(iii) tools for responding to a transportation secu-
rity incident at United States ports and infrastructure
on or adjacent to the navigable waters of the United
States, including underwater access.
‘‘(B) AUTHORIZATION
OF
APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary $35,000,000
for each of fiscal years 2005 through 2009 to carry out
this subsection.
‘‘(3) NATIONAL PORT SECURITY CENTERS.—
‘‘(A) IN
GENERAL.—The Secretary may make grants
or enter into cooperative agreements with eligible nonprofit
institutions of higher learning to conduct investigations
in collaboration with ports and the maritime transportation
industry focused on enhancing security of the Nation’s ports
in accordance with this subsection through National Port
Security Centers.
‘‘(B) APPLICATIONS.—To be eligible to receive a grant
under this paragraph, a nonprofit institution of higher
learning, or a consortium of such institutions, shall submit
an application to the Secretary in such form and containing
such information as the Secretary may require.
‘‘(C) COMPETITIVE SELECTION PROCESS.—The Secretary
shall select grant recipients under this paragraph through
a competitive process on the basis of the following criteria:
‘‘(i) Whether the applicant can demonstrate that
personnel, laboratory, and organizational resources will
be available to the applicant to carry out the investiga-
tions authorized in this paragraph.
‘‘(ii) The applicant’s capability to provide leader-
ship in making national and regional contributions
to the solution of immediate and long-range port and
maritime transportation security and risk mitigation
problems.
‘‘(iii) Whether the applicant can demonstrate that
is has an established, nationally recognized program
in disciplines that contribute directly to maritime
transportation safety and education.
‘‘(iv) Whether the applicant’s investigations will
involve major United States ports on the East Coast,
the Gulf Coast, and the West Coast, and Federal agen-
cies and other entities with expertise in port and mari-
time transportation.
‘‘(v) Whether the applicant has a strategic plan
for carrying out the proposed investigations under the
grant.
‘‘(4) ADMINISTRATIVE PROVISIONS.—
‘‘(A) NO DUPLICATION OF EFFORT.—Before making any
grant, the Secretary shall coordinate with other Federal