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'Sec. 70106. Maritime antiterrorism teams
'(a) IN GENERAL- The Secretary shall establish maritime antiterrorism teams to safeguard the public and protect vessels, ports, facilities, and cargo on waters subject to the jurisdiction of the United States from terrorist activity.
'(b) MISSION- Each maritime antiterrorism team shall be trained, equipped, and capable of being employed to deter, protect against, and rapidly respond to threats of terrorism.
'(c) COORDINATION WITH OTHER AGENCIES- To the maximum extent feasible, each maritime antiterrorism team shall coordinate its activities with other Federal, State, and local law enforcement agencies.
'Sec. 70107. Grants
'(a) FINANCIAL ASSISTANCE- The Under Secretary may provide financial assistance for enhanced facility security--
'(1) to implement a maritime antiterrorism plan approved by the Secretary; or
'(2) to implement an interim measure required by the Secretary under section 70103(c)(7).
'(b) MATCHING REQUIREMENTS- (1) Except as provided in paragraph (2), Federal funds for any project under this section shall not exceed 75 percent of the total cost of such project.
'(2)(A) There are no matching requirements for grants under subsection (a) for projects costing not more than $25,000.
'(B) If the Under Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, then the Under Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1).
'(c) PROJECT PROPOSALS- Each proposal for a grant under this section shall include the following:
'(1) The name of the individual or entity responsible for conducting the project.
'(2) A comprehensive description of the need for the project, and a statement of the project's relationship to the Area Maritime Transportation Antiterrorism Plan that applies to the location where the project will be carried out.
'(3) A description of the qualifications of the individuals who will conduct the project.
'(4) An estimate of the funds and time required to complete the project.
'(5) Information regarding the source and amount of matching funding available to the applicant, as appropriate.
'(6) Any other information the Under Secretary considers to be necessary for evaluating the eligibility of the project for funding under this section.
'(d) AUTHORIZATION OF APPROPRIATIONS- (1) To carry out this section there is authorized to be appropriated to the Secretary $75,000,000 for each of fiscal years 2003, 2004, and 2005.
'(2) Of amounts available under this section, $7,500,000 shall be used for proof-of-concept technology grants.
'(3) Amounts appropriated under this section may remain available until expended.
'Sec. 70108. Foreign port assessment
'(a) IN GENERAL- The Secretary shall assess the effectiveness of the antiterrorism measures maintained at--
'(1) a foreign port--
'(A) served by vessels documented under chapter 121 of this title; or
'(B)from which foreign vessels depart on a voyage to the United States; and
'(2) any other foreign port the Secretary believes poses a high risk of introducing terrorism to international maritime commerce.
'(b) PROCEDURES-- In conducting an assessment under subsection (a), the Secretary shall assess the effectiveness of-
'(1) screening of containerized and other cargo and baggage;
'(2) security measures to restrict access to cargo, vessels, and dockside property to authorized personnel only;
'(3) additional security on board vessels,
'(4) licensing or certification of compliance with appropriate security standards;
'(5) the security management program of the foreign port; and
'(6) other appropriate measures to deter terrorism against the United States.
'(c) CONSULTATION- In carrying out this section, the Secretary may consult with--
'(1) the Secretary of Defense and the Secretary of State--
'(A) on the terrorist threat that exists in each country involved; and
'(B) to identify foreign ports that pose a high risk of introducing terrorism to international maritime commerce;
'(2) the Secretary of the Treasury;
'(3) appropriate authorities of foreign governments; and
'(4) operators of vessels.
'Sec. 70109. Notifying foreign authorities
'If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country does not maintain effective antiterrorism measures, the Secretary shall notify the appropriate authorities of the government of the foreign country of the finding and recommend the steps necessary to improve the antiterrorism measures in use at the port.
'Sec. 70110. Actions when foreign ports not maintaining effective antiterrorism measures
'(a) IN GENERAL- If the Secretary finds that a foreign port does not maintain effective antiterrorism measures, the Secretary may--
'(1) prescribe conditions of entry into the United States for any vessel arriving from that port, or any vessel carrying cargo originating from or transshipped through that port; and
'(2) deny entry into the United States to any vessel that does not meet such conditions.
'(b) EFFECTIVE DATE FOR SANCTIONS- Any action taken by the Secretary under subsection (a)for a particular port shall take effect--
'(1)90 days after the government of the foreign country with jurisdiction over or control of that port is notified under section 70109 unless the Secretary finds that the government has brought the antiterrorism measures at the port up to the security level the Secretary used in making an assessment under section 70108 before the end of that 90-day period; or
'(2) immediately upon the finding of the Secretary under subsection (a) if the Secretary finds, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the port.
'(c) STATE DEPARTMENT TO BE NOTIFIED- The Secretary immediately shall notify the Secretary of State of
a finding that a port does not maintain effective antiterrorism measures.
'(d) ACTION CANCELED- An action required under this section is no longer required if the Secretary decides that effective antiterrorism measures are maintained at the port.
'Sec. 70111. Shipping container antiterrorism
'(a) IN GENERAL- By not later than June 30, 2003, the Under Secretary, in consultation with the Transportation Security Oversight Board, shall--
'(1) develop and maintain a antiterrorism cargo identification and screening system for containerized cargo shipped to and from the United States either directly or via a foreign port; and
'(2) develop performance standards to enhance the physical security of shipping containers, including standards for seals and locks.
'(b) PROVISION OF INFORMATION- An ocean common carrier, customs broker, freight forwarder, nonvessel operating common carrier, and shipper shall provide to the Under Secretary, by electronic transmission, containerized cargo information in a manner and form prescribed by the Under Secretary.
'(c) DEADLINE FOR PROVIDING INFORMATION- The information required under subsection (b) shall be provided to the Under Secretary not later than 24 hours before the cargo destined for the United States is loaded on a vessel.
'(d) DENIAL OF ENTRY- The Secretary, upon request of the Under Secretary, may deny entry by a vessel into the United States if all information requested by the Under Secretary with respect to cargo on the vessel is not provided before the deadline under subsection (c).
'Sec. 70112. Crew and passenger manifests
'(a) IN GENERAL- The operator of each commercial vessel arriving in the United States from a foreign port shall provide to the Under Secretary by electronic transmission a passenger and crew manifest containing the information specified in subsection (b).
'(b) INFORMATION- A passenger and crew manifest required under subsection (a) for a vessel shall contain the following information:
'(1) The full name of each passenger and crew member.
'(2) The date of birth and citizenship of each passenger and crew member.
'(3) The sex of each passenger and crew member.
'(4) The passport number and country of issuance of each passenger and crew member if required for travel.
'(5) The United States visa number or resident alien card number of each passenger and crew member, as applicable.
'(6) Such other information as the Under Secretary determines is reasonably necessary to ensure maritime safety.
'(c) TRANSMISSION OF MANIFEST- Subject to subsection (d), a passenger and crew manifest required for a vessel under subsection (a) shall be transmitted to the Under Secretary in advance of the vessel arriving in the United States in such manner, time, and form as the Under Secretary prescribes.
'(d) TRANSMISSION OF MANIFESTS TO OTHER FEDERAL AGENCIES- Upon request, information provided to the Under Secretary under this section may be shared with other Federal agencies for the purpose of protecting national security.
'Sec. 70113. Civil penalty
'Any person that violates this chapter or any regulation under this chapter shall be liable to the United States for a civil penalty of not more than $25,000 for each violation.'.
(b) CONFORMING AMENDMENT- The table of subtitles at the beginning of title 46, United States Code, is amended by adding at the end the following:
70101'.
(c) APPLICATION OF CREWAND PASSENGER MANIFEST REQUIREMENT- Section 70112 of title 46, United States Code, as enacted by the amendment made by subsection (a), shall apply with respect to any vessel arriving in the United States after the 60-day period beginning on the date of the enactment of this Act.
(d) RULEMAKING REQUIREMENTS-
(1) INTERIM FINAL RULE AUTHORITY- The Secretary may issue an interim final rule as a temporary regulation implementing this section (including the amendments made by this section) as soon as practicable after the date of enactment of this section, without regard to the provisions of chapter 5 of title 5, United States Code.
(2) INITIATION OF RULEMAKING- The Secretary may initiate a rulemaking to implement this section (including the amendments made by this section) as soon as practicable after the date of enactment of this section. The final rule issued pursuant to that rulemaking may supersede the interim final rule promulgated under this subsection.
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