text: 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.
target: 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.
feat_title: A bill to provide improved port and maritime security, and for other purposes.