Secure Containers from Overseas and Seaports from Terrorism Act (Secure COAST Act) - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, acting through the Under Secretary for Border and Transportation Security, to: (1) establish standards and verification procedures (including those for seal verifications for cargo containers at loading) for the security of maritime cargo containers moving within the intermodal transportation system; (2) evaluate the benefits of existing technology for container tracking; (3) evaluate trade information, in addition to cargo manifest information, which would help the Bureau of Customs and Border Protection to carry out container risk analysis; and (4) evaluate the practices and policies in place to secure shipment of empty containers at U.S. ports.
Directs the Commissioner of the Bureau of Customs and Border Protection to conduct on site validations of security measures of individuals and entities in the intermodal transportation system participating in the Customs-Trade Partnership Against Terrorism (C-TPAT) program. Directs the Commissioner to deploy radiation detection portal equipment at all U.S. seaports, other U.S. ports of entry, and major facilities (including foreign seaports participating in the Container Security Initiative (CSI)).
Amends federal shipping law to direct the Secretary of Transportation to require uncleared, imported merchandise remaining on a pier for more than seven days to be removed and deposited in the public stores or a general order warehouse where it can be inspected and a delivery permit may be granted.
Replaces the Secretary of Transportation with the Under Secretary for Border and Transportation Security with respect to the establishment of a grant program to implement Area Maritime Transportation Security Plans and help fund compliance with the Federal security plan among port authorities, facility operators, and relevant State and local agencies.
Changes from discretionary to mandatory the Secretary's authority to issue a plan to develop and implement a long-range automated vessel tracking system for all vessels in U.S. waters that are equipped with the Global Maritime Distress and Safety System.
Authorizes appropriations for: (1) a grant to assist the maritime industry to develop and operate a collaborative maritime information sharing and analysis capability; (2) the acquisition and construction of vessels, aircraft, shore and offshore facilities associated with the Integrated Deepwater System program; (3) the acquisition and construction of shore-based equipment and infrastructure associated with the Automated Identification System (AIS); and (4) an increase in Coast Guard personnel.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4355 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4355
To strengthen port security by establishing an improved container
security regime, to expand on the Maritime Transportation Security Act
of 2002, to strengthen the Coast Guard port security mission, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2004
Ms. Loretta Sanchez of California (for herself, Mr. Turner of Texas,
Mr. Markey, Mr. Dicks, Ms. Harman, Mr. DeFazio, Mrs. Lowey, Mr.
Andrews, Ms. McCarthy of Missouri, Ms. Jackson-Lee of Texas, Mrs.
Christensen, Mr. Langevin, Mr. Meek of Florida, and Mr. Chandler)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To strengthen port security by establishing an improved container
security regime, to expand on the Maritime Transportation Security Act
of 2002, to strengthen the Coast Guard port security mission, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Containers from Overseas and
Seaports from Terrorism Act'' or the ``Secure COAST Act''.
TITLE I--BUREAU OF CUSTOMS AND BORDER PROTECTION SECURITY PROGRAMS
SEC. 101. AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
(a) In General.--Title IV of the Homeland Security Act of 2002 (6
U.S.C. 201 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle G--Bureau of Customs and Border Protection Security Programs
``SEC. 481. STANDARDS AND VERIFICATION PROCEDURES FOR THE SECURITY OF
MARITIME CARGO CONTAINERS.
``(a) Standards and Verification Procedures.--Not later than 180
days after the date of the enactment of the Secure COAST Act, the
Secretary, acting through the Under Secretary for Border and
Transportation Security, shall establish standards and verification
procedures for the security of maritime cargo containers moving within
the intermodal transportation system, including standards for sealing
and procedures for seal verifications for cargo containers at loading.
``(b) Requirements.--The standards and verification procedures
established pursuant to subsection (a) shall be consistent with the
cargo container security recommendations of Operation Safe Commerce,
the interagency Container Working Group, and the Smart and Secure Trade
Lane program and shall meet the following additional requirements:
``(1) Seal standards.--Maritime cargo containers shall at a
minimum be affixed with a security seal equivalent to the level
`D' high security seal (as certified by the International
Organization for Standardization (ISO); Certification No.
17712) at loading.
``(2) Seal verification.--Procedures shall be established
for the verification of security seals described in paragraph
(1), including procedures to determine which individuals and
entities in the intermodal transportation system are
responsible for sealing maritime cargo containers, recording of
seal numbers, changes to such numbers if a container is opened,
and anomalies relating to security seals.
``(c) Evaluation of Container Tracking Technologies, Container
Targeting, and Security of Empty Containers.--
``(1) Evaluation.--The Secretary, acting through the Under
Secretary for Border and Transportation Security, shall carry
out the following:
``(A) Container tracking technologies.--The
Secretary shall evaluate the security benefits of
existing technology for container tracking from the
point of loading to its final destination, such as
electronic seals or intrusion detection devices that
can detect a physical breach of a container. In
addition to determining the security benefits, the
Secretary shall determine the costs, infrastructure,
communication system, required to deploy such
technology in the intermodal transportation system,
including incentives for investment in such technology.
``(B) Container targeting.--The Secretary shall
evaluate trade information, in addition to cargo
manifest information, such as purchase orders, port of
origin data, and transshipment data, which would
improve the ability of the Bureau of Customs and Border
Protection to carry out risk analysis of containers.
``(C) Security of empty containers.--The Secretary
shall evaluate the practices and policies in place to
secure shipment of empty containers at United States
ports and shall develop recommendations with respect to
whether additional regulations or legislation is
necessary to ensure the safe and secure delivery of
cargo and to prevent potential acts of terrorism
involving such containers.
``(2) Report.--Not later than 180 days after the date of
the enactment of the Secure COAST Act, the Secretary shall
prepare and submit to the appropriate congressional committees
a report that contains the results of the evaluations carried
out under paragraph (1), including any recommendations thereto.
``SEC. 482. VALIDATION OF SECURITY MEASURES UNDER THE C-TPAT PROGRAM.
``(a) General Validation.--Not later than September 30, 2005, and
on an annual basis thereafter, the Commissioner of the Bureau of
Customs and Border Protection shall conduct on site validations of each
individual and entity participating in the C-TPAT program to ensure
that the individual or entity is implementing appropriate security
measures under the program. The Commissioner may certify private
security companies to carry out the validation process described in the
preceding sentence.
``(b) Specific Validation.--The Commissioner shall establish
inspection teams under the C-TPAT program to evaluate the program's
security requirements and, as circumstances warrant, to carry out
unannounced inspections of individuals and entities participating in
the program to ensure compliance with the security requirements.
``(c) Penalties for Non-Compliance.--The Commissioner shall
establish penalties for non-compliance with the requirements of the C-
TPAT program by individuals and entities participating in the program,
including probation or expulsion from the program, as appropriate.
``SEC. 483. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT;
INTEGRATED CARGO INSPECTION SYSTEM.
``(a) Deployment of Radiation Detection Portal Equipment.--
``(1) Deployment.--Not later than September 30, 2005, the
Commissioner of the Bureau of Customs and Border Protection
shall deploy radiation detection portal equipment at all United
States seaports, other United States ports of entry, and major
facilities as determined by the Secretary.
``(2) Report.--Not later than December 31, 2004, the
Commissioner shall submit to the appropriate congressional
committees a report on the implementation of the requirement
under paragraph (1).
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Commissioner $297,000,000 for fiscal
year 2005 to carry out this subsection.
``(b) Integrated Cargo Inspection System.--
``(1) Plan.--The Commissioner of the Bureau of Customs and
Border Protection shall develop a plan to integrate radiation
detection portal equipment with gamma-ray inspection technology
equipment at United States seaports and foreign seaports that
are participating the Container Security Initiative in order to
facilitate the detection of nuclear weapons in maritime cargo
containers. Such plan shall include methods for automatic
identification of containers and vehicles for inspection in a
timely manner and a data sharing network capable of
transmitting gamma-ray images and cargo data among relevant
ports and the National Targeting Center of the Bureau of
Customs and Border Protection.
``(2) Report.--Not later than 180 days after the date of
the enactment of the Secure COAST Act, the Commissioner shall
prepare and submit to the appropriate congressional committees
a report that contains--
``(A) a description of the plan developed under
paragraph (1), including any infrastructure
improvements required at the seaports involved;
``(B) an estimate of the costs associated with
implementation of the plan; and
``(C) an estimate of the timeframe for
implementation of the plan.
``SEC. 484. STAFFING ASSESSMENT OF SEAPORT SECURITY MISSIONS.
``(a) Study.--The Commissioner of the Bureau of Customs and Border
Protection shall conduct a study to determine the number of Bureau
inspectors and other appropriate personnel that should be stationed at
United States seaports and foreign seaports that are participating in
the Container Security Initiative (CSI) to support increased
inspections of low risk cargo, deployment of personnel at foreign
seaports for a period of at least one year, and the manning of
radiation portal monitors installed at such seaports. In determining
such number of Bureau inspectors, the Commissioner shall take into
account the requirements contained in the other sections of this
subtitle.
``(b) Report.--Not later than 180 days after the date of the
enactment of the Secure COAST Act, the Commissioner shall prepare and
submit to the appropriate congressional committees a report that
contains the results of the study conducted under subsection (a).
``SEC. 485. CSI REPORT.
``Not later than 180 days after the date of the enactment of the
Secure COAST Act, and on an annual basis thereafter, the Secretary,
acting through the Commissioner of the Bureau of Customs and Border
Protection, shall prepare and submit to the appropriate congressional
committees a report that contains all cargo inspection data at foreign
seaports participating in the Container Security Initiative (CSI) for
the prior year. The initial report shall include the plan for the
`strategic port' phase of the CSI.
``SEC. 486. DEFINITIONS.
``In this subtitle:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Appropriations, the
Committee on Ways and Means, the Select Committee on
Homeland Security (or any successor committee), and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
``(B) the Committee on Appropriations, the
Committee on Finance, the Committee on Commerce,
Science, and Transportation, and the Committee on
Governmental Affairs of the Senate.
``(2) Bureau of customs and border protection or bureau.--
The term `Bureau of Customs and Border Protection' or `Bureau'
means the Bureau of Customs and Border Protection of the
Department.
``(3) Commissioner.--The term `Commissioner' means the
Commissioner of the Bureau of Customs and Border Protection.
``(4) Container security initiative or csi.--The term
`Container Security Initiative' or `CSI' means the program
carried out by the Bureau of Customs and Border Protection
under which Bureau personnel are deployed to major seaports
outside the United States to work with their host country
counterparts to--
``(A) establish security criteria to identify high-
risk maritime cargo containers bound for the United
States based on advance information;
``(B) identify and pre-screen such maritime cargo
containers for chemical, biological, or nuclear weapons
through examination or inspection; and
``(C) develop secure or `smart' maritime cargo
containers.
``(5) C-TPAT program.--The term `C-TPAT program' means the
Customs-Trade Partnership Against Terrorism program carried out
by the Bureau of Customs and Border Protection under which
importers, brokers, air, sea, and land carriers, and other
individuals and entities in the intermodal transportation
system voluntarily enter into partnerships with the Bureau to
establish and carry out a validation process to ensure that
participants are implementing appropriate security measures to
protect the system from being compromised by individual
terrorists and terrorist organizations.
``(6) Interagency container working group.--The term
`Interagency Container Working Group' means the working group
consisting of representatives of the former United States
Customs Service and the National Infrastructure Security
Committee of the Department of Transportation that provided
recommendations relating to the security of intermodal cargo
containers to the Office of Homeland Security in the Executive
Office of the President.
``(7) Operation safe commerce.--The term `Operation Safe
Commerce' means the program carried out by the Department of
Transportation and the Bureau of Customs and Border Protection
to fund business initiatives designed to enhance security for
maritime cargo containers moving within the intermodal
transportation system.
``(8) Smart and secure trade lane program.--The term `Smart
and Secure Trade Lane Program' means the program carried out by
the intermodal transportation industry to provide security and
ensure efficiency throughout the intermodal transportation
system, specifically by developing technology to improve the
security of intermodal cargo containers and to improve
information sharing within the industry relating to such
security and efficiency.''
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the items
relating to subtitle F of title IV the following new items:
``Subtitle G--Bureau of Customs and Border Protection Security Programs
``Sec. 481. Standards for the security of maritime cargo containers.
``Sec. 482. Validation of security measures under the C-TPAT program.
``Sec. 483. Deployment of radiation detection portal equipment;
integrated cargo inspection system.
``Sec. 484. Staffing assessment of seaport security missions.
``Sec. 485. CSI report.
``Sec. 486. Definitions.''.
SEC. 102. REMOVAL AND STORAGE OF UNCLAIMED MERCHANDISE.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended--
(1) by redesignating section 70117 as section 70118; and
(2) by inserting after section 70116 the following new
section:
``Sec. 70117. Removal and storage of unclaimed merchandise
``(a) In General.--Notwithstanding any other provision of law, the
Secretary shall require any uncleared, imported merchandise remaining
on the pier or wharf onto which it was unladen for more than 7 calendar
days to be removed from the pier or wharf and deposited in the public
stores or a general order warehouse, where it shall be inspected for
determination of contents, and thereafter a permit for its delivery may
be granted.
``(b) Penalty.--The Secretary may impose an administrative penalty
of $5,000 for each bill of lading for general order merchandise
remaining on a wharf or pier in violation of subsection (a).''.
(b) Clerical Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by striking the last item and
inserting the following:
``70117. Removal and storage of unclaimed merchandise.
``70118. Civil penalty.''.
TITLE II--PORT SECURITY
SEC. 201. ADMINISTRATION OF PORT SECURITY GRANTS BY SECRETARY OF
HOMELAND SECURITY.
(a) Grant Authority.--Section 70107(a) of title 46, United States
Code, is amended to read as follows:
``(a) Grant Authority.--The Under Secretary for Border and
Transportation Security of the Department of Homeland Security shall
establish a grant program for making a fair and equitable allocation of
funds to implement Area Maritime Transportation Security Plans and to
help fund compliance with Federal security plan among port authorities,
facility operators, and State and local agencies required to provide
security services. Grants shall be made on the basis of the need to
address vulnerabilities in security subject to review and comment by
the appropriate Federal Maritime Security Coordinators and the Maritime
Administration. The grant program shall take into account national
economic and strategic defense concerns and shall be coordinated with
the Director of the Office of Domestic Preparedness to ensure that the
grant process is consistent with other Department of Homeland Security
grant programs.''.
(b) Letter of Intent.--
(1) Authority to issue.--The Secretary of Homeland Security
may issue a letter of intent to a seaport committing to
obligate from future budget authority available for grants
under section 70107 of title 46, United States Code,, an amount
equal to not more than the Federal share of the costs of a
security improvement project (including project design and
interest costs) having a total cost of $10,000,000 or more.
(2) Notice to congress.--The Secretary shall transmit to
the Committees on Appropriations and Homeland Security of the
House of Representatives and the Committees on Appropriations
and Commerce, Science, and Transportation of the Senate a
written notification at least 3 days before the issuance of a
letter of intent under this subsection.
(3) limitations.--A letter of intent issued under this
subsection is not an obligation of the Government for purposes
of section 1501 of title 31, United States Code, and shall not
be considered to be an administrative commitment for financing.
An obligation or administrative commitment pursuant to a letter
of intent issued under this subsection may be made only as
amounts are provided in appropriations Acts to carry out the
project that is the subject of the letter.
(4) Statutory construction.--Nothing in this subsection
shall be construed to prohibit the obligation of amounts
pursuant to a letter of intent under this subsection in the
same fiscal year as the letter of intent is issued.
(5) Application of additional requirements.--The Secretary
may require as a condition for issuance of a letter of intent
under this subsection such reasonable administrative
requirements as may be necessary to carry out this Act.
SEC. 202. PORT SECURITY GRANT FUNDING.
Section 70107(h) of title 46, United States Code, is amended to
read as follows:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out subsections (a) through
(g)--
``(1) $537,000,000 for fiscal year 2005; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
SEC. 203. DEVELOPMENT OF LONG-RANGE VESSEL TRACKING SYSTEM.
Section 70115 of title 46, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence;
(2) by striking ``may'' and inserting ``shall''; and
(3) by adding at the end the following:
``(b) Plan.--(1) The Secretary shall, by no later than December 31,
2004, issue a plan to develop and implement the vessel tracking system
required by subsection (a).
``(2) The plan--
``(A) shall be designed to ensure that the vessel tracking
system is capable of providing information regarding the
position of each vessel traveling to the United States from an
overseas port, throughout the voyage of the vessel;
``(B) shall designate--
``(i) the Federal agencies that are responsible for
the operation of the system; and
``(ii) the Federal, State, and local agencies and
persons in the private sector that will have access to
the information provided by the system;
``(C) shall include timelines, costs, and other resources
required to operate such a system; and
``(D) shall require that, during the 96-hour period
preceding the entry of a vessel into a port in the United
States, information regarding the location of the vessel--
``(i) shall be submitted to the Secretary; and
``(ii) shall be available to Federal, State, and
local agencies and persons in the private sector that
are otherwise authorized to have access to the
information.
``(3) The Secretary shall submit the plan to the Committee of
Appropriations, the Committee on Transportation and Infrastructure, and
the Select Committee on Homeland Security of the House of
Representatives and the Committee on Appropriations, the Committee on
Commerce, Science, and Transportation, and the Committee on
Governmental Affairs of the Senate, by not later than the 180 days
after the date of the enactment of this subsection.''.
SEC. 204. MARITIME INFORMATION REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit to the appropriate
congressional committees a plan for the implementation of section 70113
of title 46, United States Code. The plan shall--
(1) identify all Federal agencies with maritime information
relating to vessels, crew, passengers, cargo, and cargo
shippers;
(2) establish a timeline for coordinating the efforts of
those Federal agencies in the collection of maritime
information;
(3) establish a timeline for the incorporation into
implementation of such section of information on vessel
movements derived through the implementation of sections 70114
and 70115 of title 46, United States Code; and
(4) include recommendations on co-locating agency personnel
in order to maximize expertise, minimize cost, and avoid
redundancy.
SEC. 205. NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.
No later than 180 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit to the appropriate
congressional committees the National Maritime Transportation Security
Plan required under section 70103 of title 46, United States Code.
SEC. 206. FUNDING FOR COLLABORATIVE PROGRAM FOR DEVELOPMENT OF MARITIME
INFORMATION SHARING AND ANALYSIS CAPABILITY.
(a) Fiscal Year 2005.--Of the amounts authorized to be appropriated
to the Department of Homeland Security, $3,000,000 shall be available
for a grant to assist the maritime industry to develop and operare a
colloaborative maritime information sharing and analysis capability.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should include in budget requests
submitted for fiscal years 2006 and 2007 sufficient funds to
ensure that such a maritime information sharing and analysis
capability is fully operational before fiscal year 2008; and
(2) the maritime industry should pay at least half of the
operating costs of such capability incurred in fiscal year 2008
and thereafter.
SEC. 207. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title the term ``appropriate congressional committees''
means the Committee on Transportation and Infrastructure, the Select
Committee on Homeland Security, and the Committee on Appropriations of
the House of Representatives and the Committee on Commerce, Science and
Transportation and the Committee on Appropriations of the Senate.
TITLE III--STRENGTHENING THE COAST GUARD
SEC. 301. ACCELERATION OF INTEGRATED DEEPWATER PROGRAM.
In addition to any other amounts authorized, there is authorized to
be appropriated to the Secretary of Homeland Security $1,892,000,000
for the acquisition and construction of vessels, aircraft, shore and
offshore facilities and other components associated with the Integrated
Deepwater System in accordance with the report required by section 888
of the Homeland Security Act of 2002 (116 Stat. 2250).
SEC. 302. AIS INFRASTRUCTURE.
In addition to any other amounts authorized, there is authorized to
be appropriated to the Secretary of Homeland Security $4,000,000 for
the acquisition and construction of shore-based equipment and
infrastructure associated with the Automated Identification System
authorized by section 70114 of title 46, United States Code, for ports
that do not have Coast Guard Vessel Traffic Services.
SEC. 303. INCREASE IN AUTHORIZED COAST GUARD PERSONNEL.
The Coast Guard is authorized an end-of-year strength for active
duty personnel of 50,000 as of September 30 of each of 2004, 2005, and
2006.
SEC. 304. SENSE OF THE CONGRESS REGARDING NAMING NEW VESSELS UNDER THE
DEEPWATER PROGRAM FOR CITIES OF THE UNITED STATES.
It is the sense of the Congress that the Coast Guard should
consider including in its naming protocols for new vessels constructed
under the Deepwater Program the names of cities of the United States,
in recognition of their support and friendly relationship to the Coast
Guard and the challenge to cities in the United States from terrorism.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Trade.
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