To protect United States ports, and for other purposes.

May 23, 2003

Mrs. BOXER introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To protect United States ports, 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 `High-Tech Port Security Act of 2003'.

SEC. 2. DEFINITIONS.

In this Act:

(1) CAPTAIN-OF-THE-PORT- The term `Captain-of-the-Port', with respect to a port, means the individual designated by the Commandant of the Coast Guard as the Captain-of-the-Port at that port.

(2) CONTAINER- The term `container' means a cargo container designed or used for the international transportation of merchandise by vessel.

(3) BLAST-RESISTANT CONTAINER- The term `blast-resistant container' means a container that incorporates blast-resistant technology and has been certified as a blast-resistant container by the Secretary pursuant to section 101.

(4) REGULATED CONTAINER- The term `regulated container' means a container that is manufactured after the date that is 15 months after the date the Secretary prescribes regulations under section 101.

(5) SECRETARY- The term `Secretary' means the Secretary of the Department of Homeland Security.

(6) VESSEL- The term `vessel' has the meaning given that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).

TITLE I--PORT SECURITY AND SAFE CARGO

SEC. 101. BLAST-RESISTANT CONTAINERS.

(a) REGULATIONS- Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations--

(1) establishing standards for the certification of blast-resistant containers;

(2) establishing the procedure by which interested parties may apply for such certification, including the submittal of prototypes and cost estimates; and

(3) requiring that, effective on and after the date that is 15 months after the date such regulations are prescribed by the Secretary, no vessel carrying 1 or more regulated containers and seeking to enter the United States shall be allowed such entry unless all such regulated containers are certified blast-resistant containers pursuant to the standards and procedures described in this section.

(b) CERTIFICATION- The Secretary shall evaluate each application for certification submitted pursuant to the regulations described in paragraphs (1) and (2) of subsection (a), and shall notify each applicant whether such container is certified as blast-resistant--

(1) not later than the date that is 90 days after the application is submitted, if such application is submitted not later than the date that is 90 days after the Secretary prescribes such regulations under subsection (a); or

(2) not later than such other date as may be established by the Secretary pursuant to such regulations, if such application is submitted after the date that is 90 days after the date the regulations are prescribed.

(c) DEADLINE-

(1) GENERALLY- Not later than 15 months after the date the Secretary prescribes regulations under subsection (a), the Secretary shall deny entry of a vessel into the United States if any of the regulated containers carried by such vessel are not certified under subsections (a) and (b).

(2) EXTENSION OF DEADLINE- The Secretary may extend the deadline under paragraph (1) for up to 1 year if the Secretary--

(A) determines that none of the prototypes with respect to which applications have been submitted prior to such deadline are economically feasible; and

(B) submits a report (which may be in classified form) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives describing--

(i) the reasons for such extension; and

(ii) such steps as the Secretary deems necessary or appropriate to ensure that economically feasible prototypes exist prior to the extended deadline.

SEC. 102. SCREENING PRIOR TO DEPARTURE FROM PORT.

(a) REGULATIONS- Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations--

(1) establishing standards for the certification of equipment designed to screen a container carried by a vessel entering the United States for radioactive and explosive materials before the container leaves the port;

(2) establishing the procedure by which interested parties may apply for such certification, including the submittal of prototypes and cost estimates; and

(3) requiring that, effective on and after the date that is 15 months after the date such regulations are prescribed by the Secretary, every container carried by a vessel entering the United States shall be screened for radioactive and explosive materials before the container leaves the port.

(b) CERTIFICATION- The Secretary shall evaluate each application for certification submitted pursuant to the regulations described in paragraphs (1) and (2) of subsection (a), and shall notify each applicant whether the screening equipment is certified for purposes of screening containers for radioactive and explosive materials--

(1) not later than the date that is 90 days after the application is submitted, if such application is submitted not later than the date that is 90 days after the Secretary prescribes such regulations under subsection (a); or

(2) not later than such other date as may be established by the Secretary pursuant to such regulations, if such application is submitted after the date that is 90 days after the date the regulations are prescribed.

(c) SCREENING EQUIPMENT DEPLOYMENT-

(1) TWENTY LARGEST PORTS- The Secretary shall take all necessary action, including providing grants to ports, to ensure that, not later than 15 months after the date the Secretary prescribes regulations under subsection (a), the 20 largest ports in the United States, as determined by the Secretary under section 201(a)(1), and any other United States ports determined by the Secretary to be highly vulnerable, have deployed screening equipment certified under subsections (a) and (b).

(2) OTHER PORTS- The Secretary shall take all necessary action to ensure that every other port in the United States deploys such certified screening equipment as soon as practicable.

(d) MANDATORY SCREENING DEADLINE- Not later than the date that is 15 months after the date the Secretary prescribes regulations under subsection (a), the Secretary shall require that any container carried by a vessel entering any of the 20 largest ports in the United States, and any other United States port determined by the Secretary to be highly vulnerable, shall be screened for radioactive and explosive materials before the container leaves the port.

TITLE II--PROTECTION OF LARGEST PORTS

SEC. 201. COMMAND AND CONTROL CENTERS.

(a) ESTABLISHMENT OF COMMAND AND CONTROL CENTERS- Not later than 90 days after the date of the enactment of this Act, the Secretary shall--

(1) identify the 20 largest ports in the United States, as measured by the number of containers processed annually at each port; and

(2) in coordination with the Captain-of-the-Port and other officials responsible for security matters at each such port, develop a plan to establish a command and control center for the purpose of coordinating, monitoring, and managing all of the security operations at the port.

(b) GRANTS-

(1) IN GENERAL- The Secretary shall establish a grant program for providing funds to port authorities, facility operators, and State and local agencies to develop and implement the command and control centers under subsection (a)(2).

(2) APPLICATION- Each entity seeking a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary $100,000,000 for the purpose of carrying out this Act.

END