PUBLIC LAW 107-295—NOV. 25, 2002 116 STAT. 2067 tools to deter and prevent port cargo crimes, smuggling, and terrorist actions. (12) United States ports are international boundaries that— (A) are particularly vulnerable to breaches in security; (B) may present weaknesses in the ability of the United States to realize its national security objectives; and (C) may serve as a vector or target for terrorist attacks aimed at the United States. (13) It is in the best interests of the United States— (A) to have a free flow of interstate and foreign commerce and to ensure the efficient movement of cargo; (B) to increase United States port security by establishing improving communication among law enforcement officials responsible for port security; (C) to formulate requirements for physical port security, recognizing the different character and nature of United States port facilities, and to require the establishment of security programs at port facilities; (D) to provide financial assistance to help the States and the private sector to increase physical security of United States ports; (E) to invest in long-term technology to facilitate the private sector development of technology that will assist in the nonintrusive timely detection of crime or potential crime at United States ports; (F) to increase intelligence collection on cargo and intermodal movements to address areas of potential threat to safety and security; and (G) to promote private sector procedures that provide for in-transit visibility and support law enforcement efforts directed at managing the security risks of cargo shipments. (14) On April 27, 1999, the President estabhshed the Interagency Commission on Crime and Security in United States Ports to undertake a comprehensive study of the nature and extent of the problem of crime in our ports, as well as the ways in which governments at all levels are responding. The Commission concluded that frequent crimes in ports include drug smuggling, illegal car exports, fraud, and cargo theft. Internal conspiracies are an issue at many ports and contribute to Federal crime. Criminal organizations are exploiting weak security at ports to commit a wide range of cargo crimes. Intelligence and information sharing among law enforcement agencies needs to be improved and coordinated at many ports. A lack of minimum physical and personnel security standards at ports and related facilities leaves many ports and port users very vulnerable. Access to ports and operations within ports is often uncontrolled. Security-related and detection-related equipment, such as small boats, cameras, large-scale x-ray machines, and vessel tracking devices, are lacking at many ports. (15) The International Maritime Organization and other similar international organizations are currently developing a new maritime security system that contains the essential elements for enhancing global maritime security. Therefore, it is in the best interests of the United States to implement new international instruments that establish such a system.
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