Maritime Transportation Security Act of 2002

Port and Maritime Security Act of 2001 - Title I: Port and Maritime Security - (Sec. 102) Amends the Ports and Waterways Safety Act to direct the Secretary of Transportation (Secretary) to establish a National Maritime Security Advisory Committee to: (1) advise, consult with, report to, and make recommendations to the Secretary on ways to enhance the security and safety of U.S. ports; and (2) provide advice and recommendations to the Secretary on matters related to maritime and port security and safety. Authorizes appropriations for FY 2002.(Sec. 103) Directs the Secretary to develop standards and procedures for conducting: (1) an initial security evaluation of all port authorities, waterfront facilities, and public or commercial structures located within or adjacent to the marine environment; and (2) after review of initial security evaluations, a port vulnerability assessment for each port for which the Secretary determines such an assessment is appropriate. Authorizes the Secretary to accept port vulnerability assessments that have been conducted within the past five years by or on behalf of a port authority or marine terminal operator rather than to conduct another port vulnerability assessment for such port. Provides for the review and opportunity for comment with respect to such evaluations and assessments. Authorizes appropriations for FY 2002.(Sec. 104) Directs the Secretary to establish local port security committees, chaired by the Captain-of-the-Port, to: (1) assist in the review of port vulnerability assessments; and (2) assist the Captain-of-the-Port in conducting a field security exercise periodically to verify the effectiveness of one or more maritime security plans for a local port authority, waterfront facility operator, or operator of a public or commercial structure located within or adjacent to the marine environment. Authorizes appropriations for FY 2002 through 2003.(Sec. 105) Directs the Secretary to issue regulations establishing requirements for submission of a maritime facility security plan by each port authority, waterfront facility operator, or operator of a public or commercial structure located within or adjacent to the marine environment that provides a law enforcement program and capability at the port that is adequate to safeguard the public and to improve the response to threats of crime and terrorism. Authorizes appropriations for FY 2002 through 2006.(Sec. 106) Directs the Secretary to prescribe regulations to: (1) require the designation of controlled access areas in the maritime facility security plan for each waterfront facility and other public or commercial structure located within or adjacent to the marine environment; and (2) limit access to security-sensitive information, such as passenger and cargo manifests. Authorizes the Secretary in prescribing such regulations to require persons entering or exiting such areas to undergo physical screening and to require employment investigations and criminal record checks on persons who have unrestricted access to controlled areas or have access to security-sensitive information.(Sec. 107) Requires the Secretary to study and report to specified congressional committees on ways to enhance maritime domain awareness through improved collection and coordination of maritime intelligence. Authorizes appropriations for FY 2002.(Sec. 108) Amends Federal shipping law to require the Secretary to assess the effectiveness of the security measures at foreign ports served by U.S. vessels, from which foreign vessels serve the United States, or that pose a high risk of introducing danger to U.S. ports and waterways. Requires the Secretary, after assessing and finding that a port does not maintain and carry out effective security measures, to notify Congress and, through the Secretary of State, the foreign country of the finding, and recommend steps necessary to bring the port's security measures up to the standards used by the Secretary in making the assessment.(Sec. 109) Directs the Secretary, in coordination with the Director of the Federal Bureau of Investigation, and involving the assistance of port security committees, to ensure that all area maritime counter-terrorism and incident contingency plans are reviewed, revised, and updated at least once every three years (including simulation exercises and practice drills for such plans periodically). Authorizes appropriations for FY 2002 through 2006.(Sec. 110) Directs the Secretary to develop standards and curriculum for the training and certification of maritime security professionals, including any Federal, State, local, and private law enforcement in the United States or in foreign ports used by U.S.-flagged vessels with U.S. citizens as passengers or crewmembers. Authorizes appropriations for FY 2002 through 2006.(Sec. 111) Amends the Merchant Marine Act, 1936 to authorize the Secretary to make loan guarantees and provide grants for port security infrastructure improvements for eligible U.S. ports. Authorizes appropriations for FY 2002 through 2006.(Sec. 112) Authorizes appropriations to the Commissioner of Customs for the purchase of nonintrusive screening and detection equipment for use at U.S. ports.(Sec. 113) Requires the Secretary to publish a revised version of the "Port Security: A National Planning Guide" and make it available on the Internet.(Sec. 114) Establishes shared dockside inspection facilities at U.S. ports for Federal and State agencies. Authorizes appropriations for FY 2002.(Sec. 115) Amends the Tariff Act of 1930 to require the electronic transmission of cargo and passenger manifest information.Prohibits a shipper of cargo (including an ocean transportation intermediary that is a nonvessel-operating common carrier) from tendering or causing the tendering to a vessel common carrier any cargo for loading on a vessel in a U.S. port, unless such cargo is properly documented by the shipper submitting to the vessel common carrier or its agent a complete set of shipping documents no later than 24 hours after the cargo is delivered to the marine terminal operator.Prohibits a marine terminal operator from loading or causing the loading of cargo on a vessel unless instructed by the common carrier operating the vessel that such cargo has been properly documented. Requires a vessel common carrier to notify the Customs Service of any cargo tendered to such carrier that is not properly documented and that has remained in the marine terminal for more than 48 hours after delivery, including its location at the terminal. Sets forth civil penalties for violations of such requirements.Authorizes the Commissioner of Customs to develop and implement a pilot program for inspecting, monitoring, tracking, and preclearing inbound shipments of waterbourne cargo if such program would improve the security and safety of ports. Sets forth program requirements. Requires the Commissioner of Customs to report to Congress on such program.(Sec. 116) Amends the Ports and Waterways Safety Act to declare that Congress finds that the safety and security of U.S. ports and waterways is a matter of major national importance. Changes from discretionary to mandatory the Secretary's authority to require: (1) the receipt of pre-arrival messages from any vessel destined for a U.S. port or place; (2) the message to include any information the Secretary determines necessary for the control of the vessel and the safety and security of the port, waterways, facilities, vessels, and marine environment; and (3) such message be transmitted in electronic form, or otherwise as determined by the Secretary, in sufficient time to permit review before the vessel's entry into port, and deny port entry to any vessel that fails to comply with these requirements.(Sec. 117) Directs the Secretary to establish maritime safety and security teams to safeguard the public and protect vessels, harbors, ports, waterfront facilities, and cargo in U.S. waters from destruction, loss or injury from crime, or sabotage due to terrorist activity, and to respond to such activity in accordance with developed security plans.(Sec. 118) Directs the Secretary to establish a grant program to fund eligible projects for the development, testing, and transfer of technology to enhance security at U.S. ports with respect to certain security risks. Authorizes appropriations for FY 2002 through 2006.(Sec. 119) Amends Federal law to extend the jurisdiction of the United States to include all waters of the territorial sea of the United States as described in Presidential Proclamation 5928.(Sec. 120) Permits the President to defer any end-strength limitation on the Coast Guard during a declared war or national emergency.(Sec. 121) Sets forth certain reporting requirements with respect to maritime security.(Sec. 122) Amends Federal shipping law to reauthorize through FY 2006 specified tonnage duties.Title II: Additional Maritime Safety and Security Related Measures - (Sec. 201) Amends the Deepwater Port Act of 1974 to cover the importation, transportation, and production of natural gas.(Sec. 202) Amends the Ports and Waterways Safety Act to: (1) authorize the use of qualified armed Coast Guard personnel as sea marshals 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 (2) require the owner or operator of a commercial structure or vessel to provide the appropriate level of security as necessary, including armed security. Requires the Secretary to report to Congress on the potential use of other personnel to carry out such functions, including government personnel, documented U.S. Merchant Marine personnel, or students of maritime academies and industry schools. Authorizes appropriations for FY 2002 through 2006.(Sec. 203) Directs the Secretary to prepare and publish a National Maritime Transportation Security Plan for prevention and response to maritime crime and terrorism.(Sec. 204) Provides for the establishment of area maritime security committees to: (1) prepare area maritime security plans; and (2) 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 and terrorism.(Sec. 205) Authorizes the Secretary to issue regulations establishing requirements for vessel security plans and programs for vessels calling on U.S. ports. Authorizes appropriations for FY 2002 through 2006.(Sec. 206) Sets forth requirements prohibiting the disclosure of security-related information to the public.(Sec. 207) Directs the Secretaries of the Treasury and Transportation to 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.(Sec. 208) Authorizes the Secretary to require crewmembers aboard vessels calling on U.S. ports to carry and present upon demand such identification as the Secretary determines.