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'SEC. 431B. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED FOR CARRIERS.
'(a) IN GENERAL- For each person arriving or departing on an air or land carrier or vessel 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 manifest information described in subsection (b) in advance of such entry or clearance in such manner, time, and form as the Secretary shall prescribe.
'(b) INFORMATION DESCRIBED- The information described in this subsection shall include for each person:
'(1) Full name.
'(2) Date of birth and citizenship.
'(3) Gender.
'(4) Passport number and country of issuance.
'(5) United States visa number or resident alien card number, as applicable.
'(6) Passenger name record.
'(7) Such additional information that the Secretary, by regulation, determines is reasonably necessary to ensure aviation and maritime safety pursuant to the laws enforced or administered by the Customs servicee.'.
(d) DEFINITION- Section 401 of the Tariff Act of 1930 is amended by adding at the end the following new subsections:
'(t) LAND AIR AND VESSEL CARRIER- The terms 'land carrier',' air carrier', and 'vessel carrier' mean a carrier that transports by land, air, or water, respectively, goods or passengers for payment or other consideration, including money or services rendered.
'(u) VESSEL COMMON CARRIER- The term 'vessel common carrier' has the meaning given the term 'ocean common carrier in section 3(16) of the Shipping Act of 1984 (46 U.S.C. App. 1702(16)) and the term 'common carrier by water in interstate commerce' as defined in section 1 of the Shipping Act, 1916 (46 U.S.C. App. 801).'.
(e) OTHER REQUIREMENTS FOR IMPROVED REPORTING PROCEDURES- In addition to the promulgation of manifesting information, the United States Customs servicee shall improve reporting of goods arriving at United States ports--
(1) by promulgating regulations to require, notwithstanding sections 552 and 553 of the Tariff Act of 1930 (19 U.S.C. 1552 and 1553), at such times as Customs may require prior to the arrival of an in-bond movement of goods at the initial port of unlading, that--
(A) information shall be filed electronically identifying the consignor, consignee, country of origin, and the Harmonized Tariff Schedule of the United States 6-digit classification of the goods; and
(B) such information shall be to the best of the filer's knowledge, and shall not be considered the entry for the goods under section 484 of that Act (19 U.S.C. 1484) or subject to section 592 or 595a of that Act (19 U.S.C. 1592 or 1595a); and
(2) by distributing the information reported under the regulations promulgated under paragraph (1) or section 431(b)(2), 431A, or 431B of the Tariff Act of 1930 on a real-time basis to any Federal, State, or local government agency that has a regulatory or law-enforcement interest in the goods.
(f) EFFECTIVE DATE- The amendments made by subsections (a) through (d) of this section shall take effect 45 days after the date of enactment of this Act.
(g) Pilot Program for Preclearing Inbound Shipments of Waterborne Cargo-
(1) IN GENERAL- If the Commissioner of Customs determines that information from a pilot program for inspecting, monitoring, tracking, and precleaning inbound shipments of waterborne cargo would improve the security and safety of ports, the Commissioner may develop and implement such a pilot program.
(2) Program Characteristics-
(A) IN GENERAL- Any such pilot program shall--
(i) take into account, and may be organized on the basis of, prearrival information that commercial vessels entering the territorial waters of the United States or destined for United States ports are required to transmit under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) and the Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.); and
(ii) be designed to meet the requirements of United States customs laws and other laws regulating the importation of goods into the United States and to accommodate mechanisms for the collection of applicable duties upon entry or removal from warehouse of such goods.
(B) CUSTOMS CLEARANCE WAIVER- The Commissioner may grant a waiver of any United States Customs servicee post-arrival clearance requirement for goods inspected, monitored for security and integrity in transit, tracked, and precleared under any such pilot program.
(3) CONSULTATION WITH OTHER INTERESTED AGENCIES- In developing and implementing a pilot program under paragraph (1) the Commissioner of Customs shall consult with representatives of other Federal agencies with responsibilities related to the entry of commercial goods into the United States to ensure that those agencies' missions are not compromised by the preclearance.
(4) PILOT PROGRAM TO BE TESTED AT MULTIPLE PORTS- Any such pilot program developed and implemented by the Commissioner may be conducted at several different ports in a manner that permits analysis and evaluation of different technologies and takes into account different kinds of goods and ports with different harbor, infrastructure, climatic, geographical, and other characteristics.
(5) REPORT TO THE CONGRESS- Within a year after a pilot program is implemented under paragraph (1), the Commissioner of Customs shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that--
(A) evaluates the pilot program and its components;
(B) states the Commissioner's view as to whether any procedure, system, or technology evaluated as part of the program offers a higher level of security than requiring imported goods to clear customs under existing procedures;
(C) states the Commissioner's view as to the integrity of the procedures, technology, or systems evaluated as part of the pilot program;
(D) makes a recommendation with respect to whether the pilot program, or any procedure, system, or technology should be incorporated in a nationwide system for preclearance of imports of waterborn goods;
(E)describes the impact of the pilot program on staffing levels at the Customs service and the potential effect full implementation of the program on a nationwide basis would have on Customs servicee staffing level; and
(F) states the Commissioner's views as to whether there is a method by which the United States could validate foreign ports so that cargo from those ports is preapproved for United States Custom servicee purposes on arrival at United States ports.
SEC. 116. PREARRIVAL MESSAGES FROM VESSELS DESTINED TO UNITED STATES PORTS.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended--
(1) by striking 'environment' in section 2(a) (33 U.S.C. 122 1(a)) and inserting 'environment, and the safety and security of United States ports and waterways,';
(2) by striking paragraph (5) of section 4(a) (33 U.S.C. 1223(a)) and inserting the following:
'(5) require--
'(A) the receipt of pre-arrival messages from any vessel destined for a port or place subject to the jurisdiction of the United States;
'(B) the message to include any information the Secretary determines to be necessary for the control of the vessel and the safety and security of the port, waterways, facilities, vessels, and marine environment; and
'(C) the message to be transmitted in electronic form, or otherwise as determined by the Secretary, in sufficient time to permit review before the vessel's entry into port, and deny port entry to any vessel that fails to comply with the requirements of this paragraph.';
(3) by striking 'environment' in section 5(a) (33 U.S.C. 1224(a)) and inserting 'environment, and the safety and security of United States ports and waterways,'; and
(4) by adding at the end of section 5 (33 U.S.C. 1224) the following:
'Nothing in this section interferes with the Secretary's authority to require information under section 4(a)(5) before a vessel's arrival in a port or place subject to the jurisdiction of the United States.'.
SEC. 117. MARITIME SAFETY AND SECURITY TEAMS.
(a) IN GENERAL- To enhance the domestic maritime security capability of the United States, the Secretary shall establish such maritime safety and security teams as are needed to safeguard the public and protect vessels, harbors, ports, waterfront facilities, and cargo in waters subject to the jurisdiction of the United States from destruction, loss or injury from crime, or sabotage due to terrorist activity, and to respond to such activity in accordance with security plans developed under section 7 of the Ports and Waterways Safety Act (33 U.S.C. 2116).
(b) MISSION- Each maritime safety and security team shall be trained, equipped and capable of being employed to--
(1) deter, protect against, and rapidly respond to threats of maritime terrorism;
(2) enforce moving or fixed safety or security zones established pursuant to law;
(3) conduct high speed intercepts;
(4) board, search, and seize any article or thing on a vessel or waterfront facility found to present a risk to the vessel, facility or port;
(5) rapidly deploy to supplement United States armed forces domestically or overseas;
(6) respond to criminal or terrorist acts within the port so as to minimize, insofar as possible, the disruption caused by such acts;
(7) assist with port vulnerability assessments required under this Act; and
(8) carry out other such missions as are assigned to it in support of the goals of this Act.
(c) COORDINATION WITH OTHER AGENCIES- To the maximum extent feasible, each maritime safety and security team shall coordinate its activities with other Federal, State, and local law enforcement and emergency response agencies.
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