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SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE.
The Secretary of Transportation, acting through the Maritime Administration and after consultation with the Advisory Committee and the United States Coast Guard; shall publish a revised version of the document entitled 'Port Security: A National Planning Guide', incorporating the requirements promulgated under section 7(g) of the Ports and Waterways Security Act (33 U.S.C. 2116(g)), within 3 years after the date of enactment of this Act, and make that revised document available on the Internet.
SEC. 114. SHARED DOCKSIDE INSPECTION FACILITIES.
(a) IN GENERAL- The Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Transportation, the Attorney General, and the Administrator of the General Services Administration shall work with each other, the Advisory Committee, and the States to establish shared dockside inspection facilities at United States ports for Federal and State agencies.
(b) FUNDING- Of the amounts made available under section 122(b), there may be made available to the Secretary of the Transportation, $1,000,000 for each of fiscal years 2003, 2004, 2005, and 2006, such sums to remain available until expended, to establish shared dockside inspection facilities at United States ports in consultation with the Secretary of the Treasury, the Secretary of Agriculture, and the Attorney General.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of Transportation $1,000,000 for fiscal year 2002 to establish shared dockside inspection facilities at United States ports in consultation with the Secretary of the Treasury, the Secretary of Agriculture, and the Attorney General.
SEC. 115. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND PASSENGERS AND OTHER IMPROVED CUSTOMS REPORTING PROCEDURES.
(a) CARGO INFORMATION-
(1) IN GENERAL- Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is amended--
(A) by striking 'Any manifest' and inserting '(1) Any manifest'; and
(B) by adding at the end the following new paragraph:
'(2)(A) In addition to any other requirement under this section, for every land, air, or vessel carrier required to make entry or obtain clearance under the customs laws of the United States, the pilot, master, operator, or owner of such carrier (or the authorized agent of such owner or operator) shall provide by electronic transmission cargo manifest information described in subparagraph (B) in advance of such entry or clearance in such manner, time, and form as the Secretary shall prescribe. The Secretary may exclude any class of land, aircraft, or vessel for which he concludes the requirements of this subparagraph are not necessary.
'(B) The information described in this subparagraph is as follows:
'(i) The port of arrival or departure, whichever is applicable.
'(ii) The carrier code, prefix code, or both.
'(iii) The flight, voyage, or trip number.
'(iv) The date of scheduled arrival or date of scheduled departure, as the case may be.
'(v) The request for permit to proceed to the destination, if applicable.
'(vi) The numbers and quantities from the carrier's master air waybill, bills of lading, or ocean bills of lading.
'(vii) The first port of lading of the cargo.
'(viii) A description and weight of the cargo or, for a sealed container, the shipper's declared description and weight of the cargo.
'(ix) The shippers name and address from all air waybills and bills of lading.
'(x) The consignee's name and address from all air waybills and bills of lading.
'(xi) Notice that actual boarded quantities are not equal to air waybill or bills of lading quantities, except that a carrier is not required by this clause to verify boarded quantities of cargo in sealed containers.
'(xii) Transfer or transit information for the cargo while it has been under the control of the carrier.
'(xiii) Warehouse or other location of the cargo while it has been under the control of the carrier.
'(xiv) Any additional information that the Secretary by regulation determines is reasonably necessary to ensure aviation, maritime, and surface transportation safety pursuant to those laws enforced and administered by the Customs Service.
'(3) The Secretary by regulation shall require nonvessel operating common carriers to meet the requirements of subparagraphs (A) and (B).'.
(2) CONFORMING AMENDMENTS- Subparagraphs (A) and (C) of section 431(d)(l) of such Act are each amended by inserting or subsection (b)(2)' before the semicolon.
(b) DOCUMENTATION OF CARGO- Part II of title IV of the Tariff Act of 1930 is amended by inserting after section 431 the following new section:
'SEC. 431A. DOCUMENTATION OF WATERBORNE CARGO.
'(a) APPLICABILITY- This section shall apply to all cargo to be exported moving by a vessel common carrier from a port in the United States.
'(b) DOCUMENTATION REQUIRED- (1) No shipper of cargo subject to this section (including an ocean transportation intermediary that is a nonvessel-operating common carrier (as defined in section 3(17)(B) of the Shipping Act of 1984 (46 U.S.C. App. 1702(17)(B)) may tender or cause to be tendered to a vessel common carrier cargo subject to this section for loading on a vessel in a United States port, unless such cargo is properly documented pursuant to this subsection.
'(2) For the purposes of this subsection, cargo shall be considered properly documented if the shipper submits to the vessel common carrier or its agent a complete set of shipping documents no later than 24 hours after the cargo is delivered to the marine terminal operator.
'(3) A complete set of shipping documents shall include--
'(A) for shipments for which a shipper's export declaration is required a copy of the export declaration or, if the shipper files such declarations electronically in the Automated Export system, the complete bill of lading, and the master or equivalent shipping instructions including the shipper's Automated Export System instructions; or
'(B) for those shipments for which a shipper's export declaration is not required, such other documents or information as the Secretary may by regulation prescribe.
'(4) The Secretary shall by regulation prescribe the time, manner, and form by which shippers shall transmit documents or information required under this subsection to the Customs Service.
'(c) LOADING UNDOCUMENTED CARGO PROHIBITED-
'(1) No marine terminal operator (as defined in section 3(14) of the Shipping Act of 1984 (46 U.S.C. App. 1702(14))) may load, or cause to be loaded, any cargo subject to this section on a vessel unless instructed by the vessel common carrier operating the vessel that such cargo has been properly documented in accordance with this section.
'(2) When cargo is booked by one vessel common carrier to be transported on the vessel of another vessel common carrier, the booking carrier shall notify the operator of the vessel that the cargo has been properly documented in accordance with this section. The operator of the vessel may rely on such notification in releasing the cargo for loading aboard the vessel.
'(d) REPORTING OF UNDOCUMENTED CARGO- A vessel common carrier shall notify the
United States Customs Service of any cargo tendered to such carrier that is not properly documented pursuant to this section and that has remained in the marine terminal for more than 48 hours after being delivered to the marine terminal, and the location of the cargo in the marine terminal. For vessel common carriers that are members of vessel sharing agreements (or any other arrangement whereby a carrier moves cargo on another carrier's vessel), the vessel common carrier accepting the booking shall be responsible for reporting undocumented cargo, without regard to whether it operates the vessel on which the transportation is to be made.
'(e) ASSESSMENT OF PENALTIES- Whoever violates subsection (b) of this section shall be liable to the United States for civil penalties in a monetary amount up to the value of the cargo, or the actual cost of the transportation, whichever is greater.
'(f) SEIZURE OF UNDOCUMENTED CARGO-
'(1) Any cargo that is not properly documented pursuant to this section and has remained in the marine terminal for more than 48 hours after being delivered to the marine terminal operator shall be subject to search, seizure, and forfeiture.
'(2) The shipper of any such cargo is liable to the marine terminal operator and to the ocean carrier for demurrage and other applicable charges for any undocumented cargo which has been notified to or searched or seized by the Customs Service for the entire period the cargo remains under the order and direction of the Customs Service. The marine terminal operator and the ocean carrier shall have a lien on the cargo for the amount of the demurrage and other charges.
'(g) EFFECT ON OTHER PROVISIONS- Nothing in this section shall be construed, interpreted, or applied to relieve or excuse any party from compliance with any obligation or requirement arising under any other law, regulation, or order with regard to the documentation or carriage of cargo.'.
(c) PASSENGER INFORMATION- Part II of title IV of the Tariff Act of 1930, as amended by subsection (b), is further amended by inserting after section 43 lA the following new section:
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