article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Threat and Security Act''. SEC. 2. IMPROVED REPORTING ON FOREIGN-FLAG VESSELS ENTERING UNITED STATES PORTS. Within 6 months after the date of enactment of this Act and every year thereafter, the Secretary of Transportation, in consultation with the Secretary of State, shall provide a report to the Committees on Commerce, Science, and Transportation and Foreign Relations of the Senate, and the Committees on Transportation and Infrastructure and International Relations of the House of Representatives that lists the following information: (1) A list of all nations whose flag vessels have entered United States ports in the previous year. (2) Of the nations on that list, a separate list of those nations-- (A) whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix maintained by the Coast Guard; (B) that have presented, or whose flag vessels have presented, false, intentionally incomplete, or fraudulent information to the United States concerning passenger or cargo manifests, crew identity or qualifications, or registration or classification of their flag vessels; (C) whose vessel registration or classification procedures have been found by the Secretary to be insufficient or do not exercise adequate control over safety and security concerns; or (D) whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels. (3) Actions taken by the United States, whether through domestic action or international negotiation, including agreements at the International Maritime Organization under section 902 of the International Maritime and Port Security Act (46 U.S.C. App. 1801), to improve transparency and security of vessel registration procedures in nations on the list under paragraph (2). (4) Recommendations for legislative or other actions needed to improve security of United States ports against potential threats posed by flag vessels of nations named in paragraph (2). SEC. 3. SEA MARSHAL PROGRAM. (a) Establishment.--Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish a program to place sea marshals on vessels entering United States Ports identified in subsection (c). (b) Consultation.--In establishing this program, the Secretary shall consult with representatives from the port security task force and local port security committees. (c) Sea Marshal Ports.--The Secretary shall identify United States ports for inclusion in the sea marshal program based on criteria that include the following: (1) The presence of port facilities that handle materials that are hazardous or flammable in quantities that make them potential targets of attack. (2) The proximity of these facilities to residential or other densely populated areas. (3) The proximity of sea lanes or navigational channels to hazardous areas that would pose a danger to citizens in the event of a loss of navigational control by the ship's master. (4) Any other criterion deemed necessary by the Secretary. (d) Sea Marshal Qualifications.--The Secretary shall establish appropriate qualifications or standards for sea marshals. The Secretary may use, or require use of, Federal, State, or local personnel as sea marshals. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out the requirements of this section for each of the fiscal years 2002 through 2006. (f) Report.--Within 3 years after the date of enactment of this Act, the Secretary shall report to the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Transportation and Infrastructure of the House of Representatives on the success of the program in protecting the ports listed under (c), and submit any recommendations. SEC. 4. SEA PILOT COMMUNICATION AND WARNING SYSTEM. Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall provide a secure report to the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Transportation and Infrastructure of the House of Representatives on the potential for increasing the capabilities of sea pilots to provide information on maritime domain awareness. The report should specifically address necessary improvements to both reporting procedures and equipment that could allow pilots to be integrated more effectively in an maritime domain awareness program. SEC. 5. SECURITY STANDARDS AT FOREIGN SEAPORTS. (a) Assessment.-- (1) In general.--The Secretary shall assess the effectiveness of the security measures maintained at-- (A) each foreign seaport-- (i) served by United States vessels; (ii) from which foreign vessels serve the United States; or (iii) that poses a high risk of introducing danger to international sea travel; and (B) other foreign seaports the Secretary considers appropriate. (2) International cooperation and standards.--The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection-- (A) in consultation with appropriate port authorities of the government of a foreign country concerned and United States vessel operators serving the foreign seaport for which the Secretary is conducting the assessment; (B) to establish the extent to which a foreign seaport effectively maintains and carries out security measures; and (C) by using a standard that will result in an analysis of the security measures at the seaport based at least on the standards and recommended practices of the International Maritime Organization in effect on the date of the assessment. (3) Report.--Each report to Congress required under section 2 shall contain a summary of the assessments conducted under this subsection. (b) Interval.--The Secretary of Transportation shall conduct assessments under subsection (a) of this section of at least 25 foreign seaports annually until all seaports identified in subsection (a)(1) are completed. The first 25 of these assessments shall be conducted within 18 months after the date of enactment of this Act. (c) Consultation.--In carrying out subsection (a) of this section, the Secretary of Transportation shall consult with the Secretary of State-- (1) on the terrorist threat that exists in each country; and (2) to establish which foreign seaports are not under the de facto control of the government of the foreign country in which they are located and pose a high risk of introducing danger to international sea travel. (d) Qualified Assessment Entities.--In carrying out subsection (a) of this section, the Secretary of Transportation may utilize entities determined by the Secretary of Transportation and the Secretary of State to be qualified to conduct such assessments. (e) Notifying Foreign Authorities.--If the Secretary of Transportation, after conducting an assessment under subsection (a) of this section, determines that a seaport does not maintain and carry out effective security measures, the Secretary, after advising the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the decision and recommend the steps necessary to bring the security measures in use at the seaport up to the standard used by the Secretary in making the assessment. (f) Actions When Seaports Not Maintaining and Carrying Out Effective Security Measures.-- (1) In general.--If the Secretary of Transportation makes a determination under subsection (e) that a seaport does not maintain and carry out effective security measures, the Secretary-- (A) shall publish the identity of the seaport in the Federal Register; (B) shall require the identity of the seaport to be posted and displayed prominently at all United States seaports at which scheduled passenger carriage is provided regularly; (C) shall notify the news media of the identity of the seaport; (D) shall require each United States and foreign vessel providing transportation between the United States and the seaport to provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for transportation between the United States and the seaport; and (E) may, after consulting with the appropriate port authorities of the foreign country concerned and United States and foreign vessel operators serving the seaport and with the approval of the Secretary of State, withhold, revoke, or prescribe conditions on the operating authority of a United States or foreign vessel that uses that seaport to provide foreign sea transportation. (2) Presidential action.--If the Secretary makes such a determination under subsection (e) about a seaport, the President may prohibit a United States or foreign vessel from providing transportation between the United States and any other foreign seaport that is served by vessels navigating to or from the seaport with respect to which a decision is made under this section. (3) When action to be taken.-- (A) In general.--The provisions of paragraphs (1) and (2) shall apply with respect to a foreign seaport-- (i) 90 days after the government of a foreign country is notified of the Secretary's determination under subsection (e) of this section unless the Secretary of Transportation finds that the government has brought the security measures at the seaport up to the standard the Secretary used in making an assessment under subsection (a) of this section before the end of that 90-day period; or (ii) on the date on which the Secretary makes that determination if the Secretary of Transportation determines, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the seaport. (B) Travel advisory notification.--The Secretary of Transportation immediately shall notify the Secretary of State of a determination under subparagraph (A)(ii) of this paragraph so that the Secretary of State may issue a travel advisory required under section 908 of the International Maritime and Port Security Act (46 U.S.C. App. 1804). (4) Congressional notification.--The Secretary of Transportation promptly shall submit to Congress a report (and classified annex if necessary) on action taken under paragraph (1) or (2) of this subsection, including information on attempts made to obtain the cooperation of the government of a foreign country in meeting the standard the Secretary used in assessing the seaport under subsection (a) of this section. (5) Cancellation of publication requirements.--If the Secretary of Transportation, in consultation with the Secretary of State, determines that effective security measures are maintained and carried out at the seaport against which the Secretary took action under paragraph (1), then the Secretary shall-- (A) terminate action under paragraph (1) against that seaport; and (B) notify the Congress of the Secretary's determination. (g) Suspensions.--The Secretary of Transportation, with the approval of the Secretary of State and without notice or a hearing, shall suspend the right of any United States vessel to provide foreign sea transportation, and the right of a person to operate vessels in foreign sea commerce, to or from a foreign seaport if the Secretary of Transportation determines that-- (1) a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from that seaport; and (2) the public interest requires an immediate suspension of transportation between the United States and that seaport. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $2,000,000 for fiscal year 2002 and each fiscal year thereafter to carry out this section. SEC. 6. FOREIGN PORT ASSESSMENT FEES. (a) In General.--The Secretary of Transportation shall collect a user fee from cruise vessel lines upon the arrival of a cruise vessel at a United States port from a foreign port. Amounts collected under this section shall be treated as offsetting collections to offset annual appropriations for the costs of providing foreign port vulnerability assessments under section 5. (b) Amount of Fee.--Cruise vessel lines shall remit $0.50 for each passenger embarkment on a cruise that includes at least one United States port and one foreign port. (c) Use of Fees.--A fee collected under this section shall be used solely for the costs associated with providing foreign port vulnerability assessments and may be used only to the extent provided in advance in an appropriation law. (d) Effective Date.--The requirements of this section apply with respect to travel beginning more than 179 days after the date of enactment of this Act.
summary: Port Threat and Security Act - Directs the Secretary of Transportation to report to specified congressional committees: (1) a list of all nations whose flag vessels have entered U.S. ports in the previous year, and of those nations, a separate list of nations whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix, that have presented certain false vessel-related information to the United States, or whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels; (2) on actions taken by the United States to improve transparency and security of vessel registration procedures in nations that have been listed; and (3) on recommendations for legislative or other actions needed to improve security of U.S. ports against potential threats posed by flag vessels of such nations.Establishes a program to place sea marshals on vessels entering U.S. ports that have been identified as posing a potential target of attack or because of their location may pose a risk to residential or other densely populated areas.Directs the Secretary to assess the effectiveness of security measures maintained at foreign seaports that serve U.S. vessels, from which foreign vessels serve the United States, or that pose a high risk of introducing danger to international sea travel. Sets forth certain actions the Secretary must take against seaports that do not maintain effective security measures.Imposes a user fee on cruise vessels that arrive at a U.S. port from a foreign port.