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SEC. 118. RESEARCH AND DEVELOPMENT FOR CRIME AND TERRORISM PREVENTION AND DETECTION TECHNOLOGY.
(a) Grant Program-
(1) IN GENERAL- The Secretary, in consultation with the Advisory Committee, shall establish a grant program to fund eligible projects for the development, testing, and transfer of technology to enhance security at United States ports with respect to security risks, including--
(A) explosives or firearms;
(B) weapons of mass destruction,
(C) chemical and biological weapons;
(D) drug and illegal alien smuggling;
(E) trade fraud; and
(F) other criminal activity.
(2) MATCHING FUNDS REQUIRED- The maximum amount of any grant of funds made available under the program to a participant other than a department or agency of the United States for a technology development project may not exceed 75 percent of costs of that project.
(b) ELIGIBLE PROJECTS- A project is eligible for a grant under subsection (a) if it is for the construction, acquisition, testing, or deployment of surveillance equipment and technology capable of preventing or detecting terrorist or other criminal activity as determined by the Secretary.
(c) ANNUAL ACCOUNTING; DISSEMINATION OF INFORMATION- The Secretary shall submit an annual summary of grants under subsection (a), together with a general description of the tests and any technology transfers under the program, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary $15,000,000 for each of fiscal years 2002 through 2006, such sums to remain available until expended.
SEC. 119. EXTENSION OF SEAWARD JURISDICTION.
(a) DEFINITION OF TERRITORIAL WATERS- Section 1 of title XIII of the Act of June 15, 1917 (50 U.S.C. 195) is amended--
(1) by striking 'The term 'United States' as used in this Act includes' and inserting the following:
'In this Act:
'(a) UNITED STATES- The term 'United States' includes'; and
(2) by adding at the end the following:
'(b) TERRITORIAL WATERS- The term 'territorial waters of the United States' includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.'.
(b) Civil Penalty for Violation of Act of June 15, 1917- Section 2 of title II of the Act of June 15, 1917 (50 U.S.C. 192), is amended--
(1) by striking 'IMPRISONMENT in the section heading and inserting 'imprisonment; civil penalties';
(2) by inserting '(a) IN GENERAL-' before 'If' in the first undesignated paragraph;
(3) by striking '(a) If any other' and inserting '(b) APPLICATION TO OTHERS- If any other'; and
(4) by adding at the end the following:
'(c) Civil Penalty-
'(1) IMPOSITION- A person who is found, after notice and an opportunity for a hearing, to have violated any rule, regulation or order issued under this Act, or found to have knowingly obstructed or interfered with the exercise of any power conferred by this Act, shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary's designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.
'(2) COMPROMISE, ETC- The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this subsection.
'(3) COLLECTION- If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States.'.
SEC. 120. SUSPENSION OF LIMITATION ON STRENGTH OF COAST GUARD.
(a) PERSONNEL END STRENGTHS- Section 661(a) of title 14, United States Code, is amended by adding at the end the following: 'If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength and grade distribution limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard, for a period not to exceed 6 months after the end of the war or termination of the national emergency.'.
(b) OFFICERS IN COAST GUARD RESERVE- Section 724 of title 14, United States Code, is amended by adding at the end thereof the following:
'(c) DEFERRAL OF LIMITATION- If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength and grade distribution limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard Reserve, for a period not to exceed 6 months after the end of the war or termination of the national emergency.'.
SEC. 121. ADDITIONAL REPORTS.
(a) ADDITIONAL SECURITY NEEDS- Within 1 year after the date of enactment of this Act, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the need for any additional security requirements or measures under this title in order to provide for national security and protect the flow of commerce.
(b) Annual Status Report to Congress-
(1) IN GENERAL- Notwithstanding section 7(c) of the Ports and Waterways Safety Act (33 U.S.C. 1226(c)), the Secretary shall report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the status of port security in a form that does not compromise, or present a threat to the disclosure of security-sensitive information about, the port security vulnerability assessments conducted under this Act. The report may include recommendations for further improvements in port security measures and for any additional enforcement measures necessary to ensure compliance with the port security plan requirements of this title.
(2) SPECIFIC PORT EVALUATION- The Secretary shall select a port for the purpose of evaluating security plans and enhancements and, in the first annual report under this subsection, the Secretary shall report on the progress and enhancements of security plans at that port and on how this Act has improved security at that port. The Secretary shall provide annual updates for that port in subsequent annual reports.
(c) 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 enactment of the Port and Maritime Security Act of 2001, the Secretary shall include a description of activities undertaken under title I of that Act and an analysis of the effect of those activities on port security against acts of terrorism.'.
(d) ANNUAL REPORT OF EXPENDITURE OF FUNDS FOR TRAINING OF MARITIME SECURITY PROFESSIONALS- The Secretary shall transmit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the expenditure of appropriated funds and the development of training and certification programs under section 111 of this title.
(e) ACCOUNTING- The Commissioner of Customs shall submit a report for each of fiscal years 2002 through 2006 to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the expenditure of funds appropriated pursuant to section 113 of this title.
(f) REPORT ON TRAINING CENTER- The Commandant of the United States Coast Guard, in conjunction with the Secretary of the Navy, shall submit to Congress a report, at the time they submit their fiscal year 2004 budget, on the life cycle costs and benefits of creating a Center for Coastal and Maritime Security. The purpose of the Center would be to provide an integrated training complex to prevent and mitigate terrorist threats against coastal and maritime assets of the United States, including ports, harbors, ships, dams, reservoirs, and transport nodes.
SEC. 122. 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 entitled '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 amended 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, only to the extent provided in advance in appropriations Act, in each of fiscal years 2003 through 2006 to carry out this title, as provided in sections 102(b), 103(b), 104(b), 110(f), 111(c), 112(a) and 114(b) of this title.
(c) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS- Notwithstanding section 3302 of title 31, United States Code, duties collected under section 36 of the Act of August 5, 1909 (36 Stat. 111; 46 U.S.C. App. 121) as amended by subsection (a)(1) of this section--
(1) shall be credited as offsetting collections to the account that finances the activities and services authorized by sections 110, 112, and 114 of this Act, section 7(d), (e), and (f) of the Ports and Waterways Safety Act (33 U.S.C. 2116(d), (e), and (f)) (as added by sections 102, 103, and 104 of this Act), and sections 1401 and 1402 of the Merchant Marine Act, 1936 (as added by section 111 of this Act);
(2) shall be available for expenditure only to pay the costs of such activities and services; and
(3) shall remain available until expended.
(c) LIMITATION; DEPOSIT OF FEES- No amounts may be collected under section 36 of the Act of August 5, 1909 (36 Stat. 111; 46 U.S.C. App. 121) as amended by subsection (a)(l) of this section, or credited as provided by subsection (b), except to the extent provided in advance in appropriations Acts. Such amounts shall be used in each of fiscal years 2003 through 2006 as provided in sections 102(b), 103(b), 104(b), 110(f), 111(c), 112(a) and 114(b) of this title.
SEC. 123. DEFINITIONS.
In this title:
(1) CAPTAIN-OF-THE-PORT- The term 'Captain-of-the-Port' means the United States Coast Guard's Captain-of-the-Port.
(2) SECRETARY- Except as otherwise provided, the term 'Secretary' means the Secretary of Transportation.
(4) ADVISORY COMMITTEE- The term 'Advisory Committee' means the National Maritime Security Advisory Committee established under section 7(d) of the Ports and Waterways Safety Act (33 U.S.C. 1226(d)).
(5) MARINE TERMINAL OPERATOR- The term 'marine terminal operator' has the meaning given that term in section 1702(14) of title 46, United States Code.
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