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TITLE II-ADDITIONAL MARITIME SAFETY AND SECURITY RELATED MEASURES
SEC. 201. EXTENSION OF DEEPWATER PORT ACT TO NATURAL GAS.
The following provisions of the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) are each amended by inserting 'or natural gas' after 'oil' each place it appears:
(1) Section 2(a) (33 U.S.C. 1501(a)).
(2) Section 3(9) (33 U.S.C. 1502(9)).
(3) Section 4(a) (33 U.S.C. 1503(a)).
(4) Section 5(c)(2)(G) and (H) (33 U.S.C. 1504(c)(2)(G) and (H)).
(5) Section 5(i)(2)(B) (33 U.S.C. 1504(i)(2)(B)).
(6) Section 5(i)(3)(C) (33 U.S.C. 1504 (i)(3)(C)).
(7) Section 8 (33 U.S.C. 1507).
(8) Section 21(a) (33 U.S.C. 1520(a)).
SEC. 202. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS AND ENHANCED USE OF OTHER SECURITY PERSONNEL.
(a) IN GENERAL- Section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) is amended--
(1) by striking 'and' after the semicolon in paragraph (1);
(2) by striking 'terrorism.' in paragraph (2) and inserting 'terrorism;' and
(3) by adding at the end the following:
'(3) dispatch properly trained and qualified armed Coast Guard personnel aboard government, private, and commercial structures and vessels to deter, prevent, or respond to acts of terrorism or otherwise provide for the safety and security of the port, waterways, facilities, marine environment, and personnel; and
'(4) require the owner and operator of a commercial structure or the owner, operator, charterer, master, or person in charge of a vessel to provide the appropriate level of security as necessary, including armed security.'.
(b) REPORT ON USE OF NON-COAST GUARD PERSONNEL- The Secretary of the department in which the Coast Guard is operating shall evaluate and report to the Congress on--
(1) the potential use of Federal, State, or local government personnel, and documented United States Merchant Marine personnel, to supplement Coast Guard personnel under section 7(b)(3) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)(3));
(2) the possibility of using personnel other than Coast Guard personnel to carry out Coast Guard personnel functions under that section and whether additional legal authority would be necessary to use such personnel for such functions; and
(3) the possibility of utilizing the United States Merchant Marine Academy or State maritime academies to provide training carrying out duties under that section.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of the department in which the Coast Guard is operating $13,000,000 in each of the fiscal years 2002-2006 to carry out section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)), all such funds to remain available until expended.
SEC. 203. NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.
Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as amended by section 106 of this Act, is amended by adding at the end the following:
'(i) National Maritime Transportation Security Plan-
'(1) IN GENERAL- The Secretary, in consultation with appropriate Federal agencies, shall prepare and publish a National Maritime Transportation Security Plan for prevention and response to maritime crime and terrorism. The Secretary shall consult with the National Maritime Security Advisory Committee in preparation of the National Maritime Transportation Security Plan.
'(2) CONTENTS OF PLAN- The Plan shall provide for efficient, coordinated, and effective action to prevent and respond to acts of maritime crime or terrorism, and shall include--
'(A) allocation of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies and port authorities;
'(B) identification, procurement, maintenance, and storage of equipment and supplies;
'(C) procedures and techniques to be employed in preventing and responding to acts of crime or terrorism,
'(D) establishment of procedures for effective liaison with State and local governments and emergency responders including law enforcement and fire response;
'(E) establishment of criteria and procedures to ensure immediate and effective Federal identification of, and response to, acts of maritime crime or terrorism, that result in a substantial threat to the welfare of the United States;
'(F) designation of a Federal official to be the Federal maritime security coordinator for each area for which an area maritime security plan is required to be prepared;
'(G) establishment of procedures for the coordination of activities of--
'(i) Coast Guard maritime safety and security teams established under this section;
'(ii) Federal maritime security coordinators;
'(iii) area maritime security committees;
'(iv) local port security committees; and
'(v) the National Maritime Security Advisory Committee.
'(3) REVISION AUTHORITY- The Secretary may, from time to time, as the Secretary deems advisable, revise or otherwise amend the National Maritime Transportation Security Plan.
'(4) PLAN TO BE FOLLOWED- After publication of the Plan, the planning and response to acts of maritime crime and terrorism shall, to the greatest extent possible, be in accordance with the Plan.
'(5) COPY TO THE CONGRESS- The Secretary shall furnish a copy of the Plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.'.
SEC. 204. AREA MARITIME SECURITY COMMITTEES AND AREA MARITIME SECURITY PLANS.
Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as amended by section 203, is further amended by adding at the end the following:
'(j) Area Maritime Security Committees and Area Maritime Security Plans-
'(1) IN GENERAL- There is established for each area designated by the Secretary an area maritime security committee comprised of members appointed by the Secretary. The Secretary may designate any existing local port security committee as an area maritime security committee for the purposes of this subsection. The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to an area maritime security committee.
'(2) FUNCTION- Each area maritime security committee, under the direction of the Federal maritime security coordinator for its area, shall--
'(A) prepare an area maritime security plan for its area; and
'(B) work with State and local officials to enhance the contingency planning of those officials and to assure pre-planning of joint response efforts, including appropriate procedures for prevention and response to acts of maritime crime or terrorism.
' (3) AREA MARITIME SECURITY PLAN REQUIREMENT- Each area maritime security committee shall prepare an area maritime security plan for its area and submit it to the Secretary for approval. The area maritime security plan shall--
'(A) when implemented in conjunction with the national maritime transportation security plan, be adequate to prevent or rapidly and effectively respond to an act of maritime crime or terrorism in or near the area;
'(B) describe the area covered by the plan, including the areas of population or special economic, environmental or national security importance that might be damaged by an act of maritime crime or terrorism;
'(C) describe in detail how the plan is integrated with other area maritime security plans, facility security plans, and vessel security plans under this section;
'(D) include any other information the Secretary requires; and
'(E) be updated periodically by the area maritime security committee.
'(4) REVIEW BY SECRETARY- The Secretary shall--
'(A) review and approve area maritime security plans under this subsection; and
'(B) periodically review previously approved area maritime security plans.'.
SEC. 205. VESSEL SECURITY PLANS.
(a) IN GENERAL- Section 4(a) of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)) is amended--
(1) by striking 'and' after the semicolon in paragraph (4);
(2) by striking 'environment.' in paragraph (5) and inserting 'environment; and'; and
(3) by adding at the end the following:
'(6) may issue regulations establishing requirements for vessel security plans and programs for vessels calling on United States ports.'.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of the department in which the Coast Guard is operating $2,000,000 for each of fiscal years 2002 through 2006 to carry out section 4(a)(6) of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)(6)), such sums to remain available until expended.
SEC. 206. PROTECTION OF SECURITY-RELATED INFORMATION.
Section 7(c) of the Ports and Waterways Safety Act (33 U.S.C. 1226(c)) is amended to read as follows:
'(c) NONDISCLOSURE OF INFORMATION- Notwithstanding any other provision of law, information developed under this section, and vessel security plan information developed under section 4(a)(6) of this Act (33 U.S.C 1223(a)(6)), is not required to be disclosed to the public. This includes information related to security plans, procedures, or programs for passenger vessels or passenger terminals authorized under this Act, and any other information, including maritime facility security plans, vessel security plans and port vulnerability assessments.'.
SEC. 207. ENHANCED CARGO IDENTIFICATION AND TRACKING.
(a) TRACKING PROGRAM- The Secretaries of the Treasury and Transportation shall establish a joint task force to work with ocean shippers and ocean carriers in the development of performance standards for systems to track data for shipments, containers, and contents--
(1) to improve the capacity of shippers and others to limit cargo theft and tampering; and
(2) to track the movement of cargo, through the Global Positioning System or other systems, within the United States, particularly for in-bond shipments.
(b) PERFORMANCE STANDARDS FOR ANTI-TAMPERING DEVICES- The Secretaries of the Treasury and Transportation shall work with the National Institutes of Standards and Technology to develop enhanced performance standards for in-bond seals and locks for use on or in containers used for water-borne cargo shipments.
SEC. 208. ENHANCED CREWMEMBER IDENTIFICATION.
The Secretary of Transportation, in consultation with the Attorney General, may require crewmembers aboard vessels calling on United States ports to carry and present upon demand such identification as the Secretary determines.
Passed the Senate December 20 (legislative day, December 18), 2001.
Attest:
Secretary.
107th CONGRESS
1st Session
S. 1214
AN ACT
To amend the Merchant Marine Act, 1936, to establish a program to ensure greater security for United States seaports, and for other purposes.
END
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