[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4954 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4954
To improve maritime and cargo security through enhanced layered
defenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2006
Mr. Daniel E. Lungren of California (for himself, Ms. Harman, Mr.
Pearce, Mr. Thompson of Mississippi, Mr. Boehlert, Ms. Loretta Sanchez
of California, Mr. McCaul of Texas, Mr. Dicks, Mr. Souder, Mr. Hoyer,
Ms. Harris, Mr. DeFazio, Mr. Jindal, Ms. Jackson-Lee of Texas, Mr.
Shays, Mr. Langevin, Mr. Dent, Ms. Norton, Mr. Simmons, Mr. Etheridge,
Ms. Ginny Brown-Waite of Florida, Mr. Brown of South Carolina, Mr. Meek
of Florida, Mrs. Bono, Mr. Larsen of Washington, Mr. Ferguson, Mr.
Ruppersberger, Mr. Gibbons, Mr. Smith of Washington, Mr. Pallone, Mr.
Cardoza, Mrs. Maloney, Mrs. Napolitano, Mr. Brown of Ohio, Mr. Schiff,
Mr. Berry, Ms. Eddie Bernice Johnson of Texas, Ms. Lee, Ms. Kilpatrick
of Michigan, Mr. Ford, Mr. Price of North Carolina, Mr. McDermott, Ms.
Roybal-Allard, Mr. Brady of Pennsylvania, Mr. Bishop of Georgia, and
Mr. Wu) introduced the following bill; which was referred to the
Committee on Homeland Security
_______________________________________________________________________
A BILL
To improve maritime and cargo security through enhanced layered
defenses, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Security and
Accountability For Every Port Act'' or ``SAFE Port Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Strategic plan.
Sec. 5. Protocols on the resumption of trade.
Sec. 6. Improvements to Automated Targeting System.
Sec. 7. Uniform data for government-wide usage.
Sec. 8. Employee verification for individuals with access to secure
areas of seaports.
Sec. 9. Director of Cargo Security Policy.
Sec. 10. Container security standards and verification procedures.
Sec. 11. Radiation detection and radiation safety.
Sec. 12. Container Security Initiative.
Sec. 13. Customs-Trade Partnership Against Terrorism.
Sec. 14. GreenLane designation.
Sec. 15. Joint operations centers.
Sec. 16. Research, development, test, and evaluation.
Sec. 17. Port security grant program.
Sec. 18. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Maritime vessels are the primary mode of transportation
for international trade and they carry over 80 percent of
international trade by volume.
(2) In 2004, maritime vessels carried approximately
9,700,000 shipping containers into United States seaports at an
average of 27,000 containers per day.
(3) The security of the international container supply
chain and the maritime transportation system is critical for
the prosperity and liberty of all countries.
(4) In its final report, the National Commission on
Terrorist Attacks Upon the United States noted, ``While
commercial aviation remains a possible target, terrorists may
turn their attention to other modes of transportation.
Opportunities to do harm are as great, or greater in maritime
or surface transportation.''.
(5) In May 2002, the Brookings Institution estimated that
costs associated with United States port closures from a
detonated terrorist weapon could add up to $1 trillion from the
resulting economic slump and changes in our Nation's inability
to trade. Anticipated port closures on the west coast of the
United States could cost the United States economy $1 billion
per day for the first five days after a terrorist attack.
(6) Significant steps have been taken since the terrorist
attacks against the United States that occurred on September
11, 2001:
(A) Congress passed the Maritime Transportation
Security Act of 2002 on November 14, 2002.
(B) The Coast Guard issued a comprehensive set of
port security regulations on October 22, 2003.
(C) The International Maritime Organization adopted
the International Ship and Port Facility (ISPS) Code in
December 2002.
(D) The White House issued Homeland Security
Presidential Directive-13 in September 2005 which lays
out requirements for a comprehensive maritime security
policy.
(7) Despite these steps, security gaps in the maritime
transportation system remain, resulting in high-risk container
systems not being checked overseas or domestically and ports
that are vulnerable to terrorist attacks similar to the attack
on the U.S.S. Cole.
(8) Significant enhancements can be achieved by applying a
layered approach to supply chain security, in a coordinated
fashion. Current supply chain programs within the Federal
Government have been independently operated, often falling
short of gains which could have been made if such programs were
operated in a coordinated manner.
(9) While it is impossible to completely remove the risk of
a terrorist attack, security measures in the supply chain can
add certainty and stability to the global economy, raise
investor confidence, and facilitate trade. Some
counterterrorism costs are integral to the price that must be
paid to protect society. However, counterterrorism measures
also present an opportunity to increase the efficiency of the
global trade system through international harmonization of such
measures. These efficiency gains are maximized when all
countries adopt such counterterrorism measures.
(10) Increasing transparency in the supply chain will
assist in mitigating the impact of a terrorist attack by
allowing for a targeted shutdown of the international supply
chain and expedited restoration of commercial traffic.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate.
(2) Automated targeting system.--The term ``Automated
Targeting System'' means the system established by U.S. Customs
and Border Protection to assess imports and target those
imports which pose a high risk of containing contraband.
(3) Container.--The term ``container'' has the meaning
given the term in the International Convention for Safe
Containers, with annexes, done at Geneva December 2, 1972 (29
UST 3707).
(4) Container security device.--The term ``container
security device'' means a device or system to track and monitor
containers for, and secure them against, tampering or
compromise throughout the international supply chain.
(5) Container security initiative; csi.--The terms
``Container Security Initiative'' and ``CSI'' mean the program
authorized under section 12 to identify and examine maritime
containers that pose a risk for terrorism at foreign ports
before they are shipped to the United States.
(6) Customs-trade partnership against terrorism; c-tpat.--
The terms ``Customs-Trade Partnership Against Terrorism'' and
``C-TPAT'' mean the voluntary program authorized under section
13 to strengthen and improve the overall security of the
international supply chain and United States border security.
(7) Department.--The term ``Department'' means the
Department of Homeland Security.
(8) Examination.--The term ``examination'' means an
inspection of cargo to detect the presence of misdeclared,
restricted, or prohibited items, including an inspection using
nonintrusive imaging and detection technology.
(9) Greenlane.--The term ``GreenLane'' refers to the third
tier of C-TPAT, which offers additional benefits to validated
C-TPAT participants that demonstrate a sustained commitment
beyond the minimum requirements for participation in C-TPAT.
(10) Inspection.--The term ``inspection'' means the
comprehensive process used by U.S. Customs and Border
Protection for assessing goods entering the United States to
appraise them for duty purposes, to detect the presence of
restricted or prohibited items, and to ensure compliance with
all applicable laws. This process may include screening,
conducting an examination, or conducting a search.
(11) International supply chain.--The term ``international
supply chain'' means the end-to-end process for shipping goods
from a point of origin overseas to the United States.
(12) Operation safe commerce.--The term ``Operation Safe
Commerce'' means the research, development, test, and
evaluation grant program that brings together private sector
shareholders, port officials, and Federal, State, and local
representatives to analyze existing security procedures for
cargo and develop new security protocols that have the
potential to increase the security of cargo shipments by
monitoring the movement and integrity of cargo through the
international supply chain.
(13) Point of origin.--The term ``point of origin'', in the
case of goods, means the point at which such goods are
assembled into the smallest exterior packaging unit for
movement through the international supply chain.
(14) Screening.--The term ``screening'' means a visual or
automated review of information about goods, including manifest
or entry documentation accompanying a shipment being imported
into the United States, to determine or assess the threat of
such cargo.
(15) Search.--The term ``search'' means an intrusive
examination in which a container is opened and its contents are
de-vanned and visually inspected for the presence of
misdeclared, restricted, or prohibited items.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(17) Smallest exterior packaging unit.--The term ``smallest
exterior packaging unit'' has the meaning given such term in
section 4.7a of title 19, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(18) Supply chain visibility procedure.--The term ``supply
chain visibility procedure'' means a system or process capable
of tracking goods at the smallest exterior packaging unit level
from their point of origin to the point of loading into a
container entering the international supply chain.
(19) Transportation security incident.--The term
``transportation security incident'' has the meaning given such
term in section 70101(6) of title 46, United States Code.
SEC. 4. STRATEGIC PLAN.
(a) Strategic Plan.--The Secretary, in consultation with
appropriate Federal, State, local, and tribal government agencies and
private sector stakeholders responsible for security matters that
affect or relate to the movement of containers through the
international supply chain, shall develop and implement, and update as
appropriate, a strategic plan to enhance the security of the maritime
transportation system.
(b) Requirements.--The strategic plan required under subsection (a)
shall--
(1) describe the roles, responsibilities, and authorities
of Federal, State, local, and tribal government agencies and
private sector stakeholders that relate to the security of the
movement of containers through the international supply chain;
(2) identify and address gaps and unnecessary overlaps in
the roles, responsibilities, or authorities described in
paragraph (1);
(3) identify and make recommendations regarding
legislative, regulatory, and organizational changes necessary
to improve coordination among the entities or to enhance the
security of the international supply chain;
(4) provide measurable goals, including objectives,
mechanisms, and a schedule, for furthering the security of
commercial operations from point of origin to point of
destination;
(5) build on available resources and consider costs and
benefits;
(6) identify mandatory, baseline security goals, and the
minimum container security standards and verification
procedures described in section 10;
(7) provide incentives for additional voluntary measures to
enhance cargo security, as determined by the Secretary and
under the GreenLane Program under section 14;
(8) include a process for sharing intelligence and
information with private sector stakeholders to assist in their
security efforts;
(9) identify a framework for prudent and measured response
in the event of a transportation security incident involving
the international supply chain;
(10) provide a plan for the expeditious resumption of the
flow of legitimate trade in accordance with section 5;
(11) focus on the secure movement of containerized cargo
through the international supply chain; and
(12) expand upon and relate to existing strategies and
plans, including the National Strategy for Maritime Security
and the eight supporting plans of the Strategy, as required by
Homeland Security Presidential Directive-13 (September 2005).
(c) Utilization of Advisory Committees.--As part of the
consultations described in subsection (a), the Secretary is encouraged
to utilize the Homeland Security Advisory Committee, the National
Maritime Security Advisory Committee, and the Commercial Operations
Advisory Committee to review, as necessary, the draft strategic plan
and any subsequent updates to the strategic plan.
(d) International Standards and Practices.--In furtherance of the
strategic plan required under subsection (a), the Secretary is
encouraged to consider proposed or established standards and practices
of foreign governments and international organizations, including the
International Maritime Organization, the World Customs Organization,
the International Labor Organization, and the International
Organization for Standardization, as appropriate, to establish
standards and best practices for the security of containers moving
through the international supply chain.
(e) Report.--
(1) Initial report.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that contains the
strategic plan required by subsection (a).
(2) Final report.--Not later than three years after the
date on which the strategic plan is submitted under paragraph
(1), the Secretary shall submit to the appropriate
congressional committees a report that contains an update of
the strategic plan.
SEC. 5. PROTOCOLS ON THE RESUMPTION OF TRADE.
(a) In General.--The Secretary shall develop protocols for the
resumption of trade in the event of a transportation security incident
that necessitates the suspension of trade through contingency and
continuity planning that ensures trade lanes are restored as quickly as
possible. The protocols shall provide for coordination with appropriate
Federal, State, and local agencies on law enforcement actions, inter-
modal rerouting plans, and identification and prioritization of goods
that may enter the United States.
(b) Preferences.--In reestablishing the flow of cargo through ports
of entry in the United States after a transportation security incident,
the Secretary shall give preference to vessels--
(1) having a vessel security plan approved or accepted
under section 70103(c) of title 46, United States Code;
(2) entering a port of entry directly from a foreign port
designated under CSI or from another foreign port, as
determined by the Secretary;
(3) operated by validated C-TPAT participants; and
(4) carrying GreenLane designated cargo.
SEC. 6. IMPROVEMENTS TO AUTOMATED TARGETING SYSTEM.
(a) Plan.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall develop and implement a plan for
improving the Automated Targeting System for the identification of
high-risk containers moving through the international supply chain.
(b) Contents.--
(1) Treatment of recommendations.--The Secretary shall
include in the plan required under subsection (a) a schedule to
implement the recommendations of the Comptroller General of the
United States, the Inspector General of the Department of the
Treasury, and the Inspector General of the Department with
respect to the operation of the Automated Targeting System.
(2) Information submissions.--In developing the plan
required under subsection (a), the Secretary shall consider the
cost, benefit, and feasibility of--
(A) requiring additional nonmanifest documentation
for each container, including purchase orders,
shipper's letters of instruction, commercial invoices,
letters of credit, certificates of origin, advance
shipping notices, vessel stow plans, and certain
container status messages, when created;
(B) reducing the time period allowed by law for
revisions to a container cargo manifest;
(C) reducing the time period allowed by law for
submission of entry data for vessel or cargo; and
(D) such other actions the Secretary considers
beneficial for improving the information relied upon
for the Automated Targeting System and any other
targeting systems in furthering the security and
integrity of the international supply chain.
(3) Outside review.--The Secretary shall conduct, through
an independent panel, a review of the Automated Targeting
System. The results of this review shall be included in the
plan required under subsection (a).
(4) Smart system.--The Secretary shall consider future
iterations of the Automated Targeting System, which would
incorporate smart features, such as more complex algorithms and
real-time intelligence, instead of relying solely on rule sets
that are periodically updated.
(c) New or Expanded Information Submissions.--In considering any
new or expanded information submission requirements, the Secretary
shall consult with stakeholders and identify the need for such
information, and the appropriate timing of its submission, in the plan
required under subsection (a).
(d) Secure Transmission of Certain Information.--All information
required by the Department from supply chain partners shall be
transmitted in a secure fashion, as determined by the Secretary, so as
to protect the information from unauthorized access.
SEC. 7. UNIFORM DATA FOR GOVERNMENT-WIDE USAGE.
(a) Establishment.--The Secretary, in cooperation with
representatives from appropriate Federal agencies, as determined by the
Secretary, shall establish and implement a single, uniform data system
for the electronic collection, dissemination, and sharing of import and
export information to increase the efficiency of data submission and
the security of such data related to border security, trade, and public
health and safety of international cargoes.
(b) Private Sector Consultation.--The Secretary shall consult with
private sector stakeholders in developing uniform data submission
requirements, procedures, and schedules under the system established
pursuant to subsection (a).
SEC. 8. EMPLOYEE VERIFICATION FOR INDIVIDUALS WITH ACCESS TO SECURE
AREAS OF SEAPORTS.
(a) Definitions.--In this section, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security acting through the Assistant Secretary of
Homeland Security (Transportation Security Administration).
(2) Terrorist watch lists.--The term ``terrorist watch
lists'' means all available information on known or suspected
terrorist threats.
(b) Employee Verification for Current Employees.--
(1) Security directive.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall issue a
security directive requiring States to submit to the Secretary
biographic information on each individual employed, as of the
date of issuance of the security directive, in a position in
which the individual has access to a secure area of a seaport
in the United States.
(2) Determination of secure areas.--The Secretary shall
work with the Commandant of the Coast Guard to determine which
areas will be treated as secure areas for the purposes of this
subsection.
(3) Deadline for submission of information.--The security
directive shall require that States submit the biographic
information by not later than 30 days after the date of
issuance of the security directive.
(4) Comparison of biographic information against
information on known or suspected terrorist threats.--
(A) Requirement.--Not later than 75 days after the
date of enactment of this Act, the Secretary shall
compare the biographic information received on each
individual against terrorist watch lists.
(B) Limitation.--The Secretary may omit from any
comparison under this subsection information regarding
an individual who has previously been compared against
terrorist watch lists.
(5) Process.--
(A) Manner of collection and storage of
information.--The Secretary shall determine the manner
in which the biographic information will be collected
and stored.
(B) Costs of comparisons.--The Secretary may not
charge any fee for conducting comparisons under this
subsection.
(c) Employee Verification for Future Employees.--
(1) Requirement.--Not later than 75 days after the date of
enactment of this Act, the Secretary shall establish and begin
implementing a process for--
(A) obtaining biographic information on individuals
employed, beginning after the date of issuance of the
security directive under subsection (b)(1), in a
position described in subsection (b)(1); and
(B) comparing the biographic information on such
individuals against all available information on known
or suspected terrorist threats.
(2) Costs of comparisons.--The Secretary shall determine
how to cover costs of comparisons conducted pursuant to this
subsection.
(d) Prohibited Employment.--The Secretary shall specify security
factors that are sufficient to prohibit the employment of an individual
in a position described in subsection (b)(1).
(e) Protections for Individuals.--The Secretary shall issue
regulations to establish protections for individuals subject to
comparisons under this section. The protections shall be substantially
equivalent to the protections for individuals under sections
70105(c)(2), 70105(c)(3), and 70105(e) of title 46, United States Code.
(f) Restrictions on Use and Maintenance of Information.--
(1) Restriction on disclosure.--Information obtained by the
Secretary on an individual under this section may not be made
available to the public, including the individual's employer.
(2) Confidentiality; use.--Any information constituting
grounds for prohibiting the employment of an individual in a
position described in subsection (b)(1) shall be maintained
confidentially by the Secretary and may be used only for making
determinations under this section. The Secretary may share any
such information with other Federal law enforcement agencies.
The Secretary may not share any such information with an
individual's employer, except to inform the employer of whether
or not the individual has been prohibited under this section
from employment in a position described in subsection (b)(1).
(g) Reporting.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Reform of the Senate a report containing
information on--
(1) the number of matches made in conducting comparisons
under subsection (b);
(2) the corresponding ports at which the matches were
identified; and
(3) the actions taken to determine necessary corrective
actions, as well as any corrective actions taken.
SEC. 9. DIRECTOR OF CARGO SECURITY POLICY.
(a) In General.--There shall be in the Department a Director of
Cargo Security Policy (hereinafter in this section referred to as the
``Director'').
(b) Responsibilities.--The Director shall--
(1) advise the Secretary regarding all aspects of
Department programs relating to cargo security;
(2) develop Department-wide policies regarding cargo
security; and
(3) coordinate the cargo security policies and programs of
the Department with other executive agencies, including by
working with officials of the Department of State, as
appropriate, in negotiating international agreements relating
to cargo security.
SEC. 10. CONTAINER SECURITY STANDARDS AND VERIFICATION PROCEDURES.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish, by
regulation, minimum standards and verification procedures for
securing containers in transit to an importer in the United
States.
(2) Information sources.--The Secretary shall use
information from C-TPAT, Operation Safe Commerce, any container
security program of the Directorate of Science and Technology,
and other security initiatives to establish the standards and
procedures described in paragraph (1). Such standards may
address operation, technology use, and performance.
(3) Deadline for enforcement.--Not later than 2 years after
the establishment of standards and procedures under subsection
(a), all containers bound for ports of entry in the United
States shall meet such standards and procedures.
(b) Review and Enhancement.--The Secretary shall regularly--
(1) review the standards and procedures established
pursuant to subsection (a); and
(2) enhance the security standards and procedures, as
appropriate, based on tests of technologies as they become
commercially available to detect container intrusion and the
highest consequence threats, particularly weapons of mass
destruction, in accordance with section 15.
(c) International Cargo Security Standards.--The Secretary, in
consultation with the Secretary of State, is encouraged to promote and
establish international standards for the security of containers moving
through the international supply chain with foreign governments and
international organizations, including the International Maritime
Organization and the World Customs Organization.
SEC. 11. RADIATION DETECTION AND RADIATION SAFETY.
(a) Strategy.--Not later than 90 days after the date of enactment
of this Act, the Secretary, acting through the Director of the Domestic
Nuclear Detection Office of the Department, shall submit to the
appropriate congressional committees a strategy for the deployment of
radiation detection equipment at all ports of entry.
(b) Contents.--The strategy submitted under subsection (a) shall
include--
(1) a risk-based prioritization of maritime ports of entry
at which radiation detection equipment will deployed;
(2) a proposed timeline of when radiation detection
equipment will be deployed at each of the maritime ports of
entry identified under paragraph (1);
(3) the type of equipment to be used at each of the
maritime ports of entry identified under paragraph (1);
(4) standard operating procedures for examining containers
with such equipment;
(5) an evaluation of the environmental health and safety
impacts of nonintrusive inspection technology;
(6) the Department policy for using nonintrusive inspection
equipment;
(7) a classified annex that details plans for covert
testing;
(8) a classified annex that outlines the risk-based
prioritization of maritime ports of entry used under paragraph
(1); and
(9) a plan that--
(A) details the health and safety impacts of
nonintrusive inspection technology; and
(B) describes the policy of U.S. Customs and Border
Protection for using nonintrusive inspection equipment.
SEC. 12. CONTAINER SECURITY INITIATIVE.
(a) Authorization.--The Secretary is authorized to establish and
implement a program (to be known as the ``Container Security
Initiative'' or ``CSI'') to identify and examine maritime containers
that pose a risk for terrorism at foreign ports before the containers
are shipped to the United States.
(b) Assessment.--Before the Secretary designates any foreign port
under CSI, the Secretary, in coordination with other Federal officials,
as appropriate, shall conduct an assessment of the port to evaluate
costs, benefits, and other factors associated with designation,
including--
(1) the level of risk for the potential compromise of
containers by terrorists or terrorist weapons;
(2) the economic impact of cargo traveling from the foreign
port in terms of trade value and volume;
(3) the results of the Coast Guard assessments conducted
pursuant to section 70108 of title 46, United States Code;
(4) the capabilities and level of cooperation expected of
the intended host country;
(5) the potential for validation of security practices by
the Department, directly or through certified third parties
within the country in which the foreign port is located; and
(6) the potential for C-TPAT and GreenLane cargo traveling
from the foreign port.
(c) Annual Report.--Not later than March 1 of each year in which
the Secretary proposes to designate a foreign port under CSI, the
Secretary shall submit to the appropriate congressional committees a
report, in classified or unclassified form, detailing the assessment of
each foreign port the Secretary is considering designating under CSI.
(d) Current CSI Ports.--The report under subsection (c) shall
include an annual assessment justifying the continuance of each port
designated under CSI as of the date of enactment of this Act.
(e) Designation of New Ports.--The Secretary shall not designate a
foreign port under CSI unless the Secretary has completed the
assessment required in subsection (b) for that port and submitted a
report under subsection (c) that includes that port.
(f) Inspections.--
(1) Requirements and procedures.--The Secretary shall--
(A) establish technical capability requirements and
standard operating procedures for the use of
nonintrusive inspection and radiation detection
equipment in conjunction with CSI;
(B) require each port designated under CSI to
operate the equipment in accordance with the
requirements and procedures established under
subparagraph (A); and
(C) continually monitor the technologies,
processes, and techniques used to inspect cargo at
ports designated under CSI.
(2) Foreign assistance.--
(A) In general.--The Secretary, in consultation
with the Secretary of State, the Secretary of Energy,
and other Federal agencies, shall identify foreign
assistance programs that could facilitate the
implementation of cargo security antiterrorism measures
at ports designated under CSI and foreign ports not
designated under CSI that lack effective antiterrorism
measures.
(B) Acquisition.--The Secretary may lease, loan, or
otherwise provide foreign authorities nonintrusive
inspection equipment or radiation detection equipment
for examining conveyances and intermodal shipping
containers at any foreign or domestic port, under such
terms and conditions the Secretary may determine
(including nonreimbursable transfer of ownership), if
provision of such equipment is determined by the
Secretary to help secure and facilitate international
trade and is in the interests of the United States.
(C) Training.--The Secretary may provide training
on the use of equipment to domestic or foreign
personnel at each port designated under CSI.
(g) Personnel.--The Secretary shall--
(1) annually assess the personnel needs at each port
designated under CSI;
(2) deploy personnel in accordance with the assessment
under paragraph (1); and
(3) consider the potential for remote targeting to decrease
the number of personnel who are deployed at foreign ports.
SEC. 13. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM.
(a) In General.--
(1) Authorization.--The Secretary is authorized to
establish a voluntary program (to be known as the ``Customs-
Trade Partnership Against Terrorism'' or ``C-TPAT'') to
strengthen and improve the overall security of the
international supply chain and United States border security.
(2) GAO recommendations.--The Secretary shall address, and
to the extent appropriate implement, the recommendations of the
C-TPAT program that were identified in the Government
Accountability Office report entitled ``CARGO SECURITY:
Partnership Program Grants Importers Reduced Scrutiny with
Limited Assurance of Improved Security'' (GAO-05-404).
(3) Minimum requirements.--The Secretary shall establish
minimum requirements, program tiers, and program benefits of C-
TPAT.
(b) Participation.--Importers, brokers, air, sea, land carriers,
and other entities in the international supply chain and intermodal
transportation system are eligible to apply to voluntarily enter into
partnerships with the Department.
(c) Minimum Requirements.--An applicant seeking to participate in
C-TPAT shall--
(1) demonstrate a history of moving commerce in the
international supply chain;
(2) conduct an assessment of its supply chains based upon
security criteria established by the Secretary, including--
(A) business partner requirements;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness; and
(G) information technology security;
(3) implement and maintain security measures and supply
chain security practices meeting security criteria; and
(4) meet all other requirements established by the
Secretary.
(d) Certification.--
(1) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall update guidelines
for certifying a participant's security measures and supply
chain security practices.
(2) Tier one benefits.--The Secretary may offer limited
benefits to C-TPAT participants whose security measures and
supply chain security practices have been certified in
accordance with the guidelines established pursuant to
paragraph (1).
(e) Validation.--
(1) In general.--Not later than 1 year after a participant
has been certified under subsection (d)(1), the Secretary shall
validate, directly or through certified third parties, the
security measures and supply chain security practices of that
participant. Such validation shall include a visit to foreign
locations utilized by the C-TPAT participant as part of the
supply chain.
(2) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall update guidelines
for validating a participant's security measures and supply
chain security practices.
(3) Consequences for failed validation.--If a C-TPAT
participant's security measures and supply chain security
practices fail to meet validation requirements, the
Commissioner of U.S. Customs and Border Protection may--
(A) deny the participant all benefits under C-TPAT
on a temporary or permanent basis; or
(B) suspend or expel the participant from C-TPAT.
(4) Right of appeal.--A C-TPAT participant described under
paragraph (3) may file an appeal with the Secretary of the
Commissioner's decision under paragraph (3)(A) to deny benefits
under C-TPAT and under paragraph (3)(B) to suspend or expel the
participant from C-TPAT.
(5) Tier two benefits.--The Secretary shall extend benefits
to each participant who has been validated under this
subsection, which may include--
(A) reduced examinations; and
(B) priority processing for searches.
(f) Revalidation.--The Secretary shall establish a process for
revalidating C-TPAT participants. Such revalidation shall occur not
less frequently than once during every 3-year period following
validation.
SEC. 14. GREENLANE DESIGNATION.
(a) Establishment.--The Secretary shall establish a third tier of
C-TPAT (referred to in this section as the ``GreenLane'') that offers
additional benefits to validated C-TPAT participants that demonstrate a
sustained commitment beyond the minimum requirements for participation
in C-TPAT.
(b) Basic Requirements.--Designated GreenLane participants shall
ensure that--
(1) entry data is submitted on shipments before loading;
(2) cargo is loaded on a vessel with a vessel security plan
approved or accepted under section 70103(c) of title 46, United
States Code, or the International Ship and Port Facility (ISPS)
Code;
(3) container security devices that exceed the standards
and procedures established by the Secretary are utilized;
(4) cargo security practices exceed the security criteria
established by the Secretary beyond the minimum requirements
for C-TPAT participation under section 13(c), particularly in
the area of access controls; and
(5) cargo complies with any other requirements determined
by the Secretary.
(c) Containers Transhipped Through Canada or Mexico Under
GreenLane.--Containers entering the United States under GreenLane at a
land border port of entry shall undergo the equivalent, appropriate
level of inspection and screening for potential compromise by
terrorists or terrorist weapons as containers arriving at a United
States port of entry from a foreign port.
(d) Consequences for Lack of Compliance.--
(1) In general.--Any participant whose security measures
and supply chain security practices have been found by the
Secretary to be out of compliance with any requirements of the
GreenLane program shall be denied all benefits under GreenLane.
(2) Right of appeal.--GreenLane participants under
paragraph (1) shall have the right to appeal denial of benefits
decisions to the Secretary and request redesignation under
GreenLane.
(e) Non-Containerized Cargo.--The Secretary may consider the
potential for participation in the GreenLane Program by importers of
non-containerized cargoes that otherwise meet the requirements under
this section.
(f) Policies.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
private sector stakeholders, shall establish--
(A) requirements for supply chain visibility
procedures;
(B) performance standards for container security
devices and protocols for their use;
(C) procedures for overseas screening and
examination of GreenLane containers; and
(D) any other GreenLane Program requirements that
the Secretary considers appropriate, including
requirements building upon security measures and supply
chain security best practices contained in the C-TPAT
minimum requirements set forth in section 13(c).
(2) Benefits.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with the
Commercial Operations Advisory Committee, may provide benefits
for participation in the GreenLane Program, which may include--
(A) the expedited release of GreenLane cargo into
destination ports within the United States during all
threat levels designated by the Secretary or the
Commandant of the Coast Guard;
(B) reduced or eliminated bonding requirements for
GreenLane cargo;
(C) preference to vessels (as described in section
5(b));
(D) further reduced examinations;
(E) priority processing for examinations;
(F) further reduced scores in the Automated
Targeting System; and
(G) streamlined billing of any customs duties or
fees.
SEC. 15. JOINT OPERATIONS CENTERS.
(a) Establishment.--Not later than three years after the date of
the enactment of this Act, the Secretary shall expand existing and
establish new joint operations centers for maritime and cargo security
to--
(1) enhance information sharing;
(2) facilitate day-to-day operational coordination; and
(3) in the case of a transportation security incident,
facilitate incident management and response.
(b) Participation.--The following entities shall participate in
each joint operations center for maritime and cargo security:
(1) The United States Coast Guard.
(2) U.S. Customs and Border Protection.
(3) U.S. Immigration and Customs Enforcement.
(4) The Department of Defense, as appropriate.
(5) The Federal Bureau of Investigation.
(6) Other Federal agencies with a presence at a particular
port, as appropriate, or as otherwise selected by the
Secretary.
(7) State, local, and international law enforcement and
first responder agencies responsible for the port, as
appropriate, or as otherwise selected by the Secretary.
(8) Port authority representatives, maritime exchanges,
private sector stakeholders, and other entities subject to an
Area Maritime Security Plan, as selected by the Secretary.
(c) Responsibilities.--Each joint operations center for maritime
and cargo security shall--
(1) assist, as appropriate, in the implementation of
maritime transportation security plans developed under section
70103 of title 46, United States Code;
(2) implement the transportation security incident response
plans required under section 70104 of such title;
(3) carry out information sharing activities consistent
with those required under section 1016 of the National Security
Intelligence Reform Act of 2004 (6 U.S.C. 485) and the Homeland
Security Information Sharing Act (6 U.S.C. 481 et seq.);
(4) conduct short- and long-range vessel tracking under
sections 70114 and 70115 of such title 46, United States Code;
and
(5) carry out such other responsibilities as determined by
the Secretary.
(d) Security Clearances.--The Secretary shall sponsor and expedite
individuals participating in the joint operations centers in gaining or
maintaining their security clearances. Through the Captain of the Port,
the Secretary may identify key individuals who should participate. In
addition, the port or other entities may appeal to the Captain of the
Port for sponsorship.
(e) Security Incidents.--During a transportation security incident
involving the port, the Coast Guard Captain of the Port designated by
the Commandant of the Coast Guard in each joint operations center for
maritime security shall act as the incident commander, unless otherwise
directed under the National Response Plan.
(f) Implementation.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees an implementation plan for
this section.
(2) Contents.--The plan submitted under paragraph (1) shall
describe, for each joint operations center--
(A) the location;
(B) the specific participating entities;
(C) the implementation costs;
(D) the necessary resources for operation and
maintenance, including the cost-sharing requirements
for other agencies and participants; and
(E) in the case of an existing joint operations
center, the enhancements to such center that are
necessary to meet the requirements of subsection (d).
SEC. 16. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
(a) In General.--The Secretary shall--
(1) direct research, development, test, and evaluation
efforts in furtherance of maritime and cargo security;
(2) encourage the ingenuity of the private sector in
developing and testing technologies and process innovations in
furtherance of these objectives; and
(3) evaluate such technologies.
(b) Coordination.--The Secretary, acting through the Undersecretary
for Science and Technology, in consultation with the Assistant
Secretary for Policy, the Director of Cargo Security Policy, the
Director of the Domestic Nuclear Detection Office of the Department,
and the Chief Financial Officer, shall ensure that--
(1) research, development, test, and evaluation efforts
funded by the Department in furtherance of maritime and cargo
security are coordinated to avoid duplication of efforts; and
(2) the results of such efforts are shared throughout the
Department, as appropriate.
(c) Operation Safe Commerce.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate grant
projects, as part of Operation Safe Commerce, that--
(A) integrate nonintrusive inspection and radiation
detection equipment with automatic identification
methods for containers, vessels, and vehicles;
(B) test physical access control protocols and
technologies to include continuous tracking devices
that provide real-time monitoring and reporting;
(C) create a data sharing network capable of
transmitting data required by entities participating in
the international supply chain from every intermodal
transfer point to the National Targeting Center of the
Department; and
(D) otherwise further maritime and cargo security,
as determined by the Secretary.
(2) Supply chain security for special container and
noncontainerized cargo.--The Secretary shall consider
demonstration projects that further the security of the
international supply chain for special container cargo,
including refrigerated containers, and noncontainerized cargo,
including roll-on/roll-off, break-bulk, liquid, and dry bulk
cargo.
(3) Annual report.--Not later than March 1 of each year,
the Secretary shall submit to the appropriate congressional
committees a report detailing the results of Operation Safe
Commerce.
(d) GreenLane Technology.--The Secretary shall, not less frequently
than once every 2 years--
(1) review the technology requirements and standards
established under section 14; and
(2) test future supply chain visibility procedures,
container security devices, and other systems as they become
commercially available to track and secure containers and the
smallest exterior packaging units loaded into containers.
SEC. 17. PORT SECURITY GRANT PROGRAM.
(a) Grants Authorized.--The Secretary shall establish a grant
program to allocate Federal financial assistance to ports in the United
States on the basis of risk and need.
(b) Prioritization Process.--In awarding grants under this section,
the Secretary shall conduct an assessment of ports in the United States
to develop a prioritization for awarding grants authorized under
subsection (a) based upon--
(1) the most current risk assessment available from the
Department;
(2) the national economic and strategic defense
considerations of individual ports; and
(3) any other factors that the Secretary determines to be
appropriate.
(c) Application.--
(1) In general.--Any entity subject to an Area Maritime
Transportation Security Plan required under section 70103(b) of
title 46, United States Code, may submit an application for a
grant under this section, at such time, in such form, and
containing such information and assurances as the Secretary may
require.
(2) Minimum standards for payment or reimbursement.--Each
application submitted under paragraph (1) shall include--
(A) a comprehensive description of--
(i) the purpose of the project for which
the applicant seeks a grant under this section
and why the applicant needs the grant;
(ii) the applicability of the project to
the Area Maritime Transportation Security Plan
and other homeland security plans;
(iii) the methodology for coordinating the
project into the security of the greater port
area, as identified in the Area Maritime
Security Plan;
(iv) any existing cooperation or mutual aid
agreements with other port facilities, vessels,
organizations, or State, territorial, and local
governments as such agreements relate to port
security; and
(v) a capital budget showing how the
applicant intends to allocate and expend the
grant funds;
(B) a determination by the Captain of the Port that
the project--
(i) addresses or corrects port security
vulnerabilities identified by the Coast Guard,
or through port security vulnerability
assessments approved by the Secretary; and
(ii) helps to ensure compliance with the
Area Maritime Transportation Security Plan.
(3) Procedural safeguards.--The Secretary, in consultation
with the Office of the Inspector General and the Office of
Grants and Training, shall issue guidelines to establish
appropriate accounting, reporting, and review procedures to
ensure that--
(A) grant funds are used for the purposes for which
they were made available;
(B) grantees have properly accounted for all
expenditures of grant funds; and
(C) grant funds not used for such purposes and
amounts not obligated or expended are returned.
(d) Use of Funds.--Grants awarded under this section may be used--
(1) to help implement Area Maritime Transportation Security
Plans required under section 70103(b) of title 46, United
States Code;
(2) to remedy port security vulnerabilities identified
through vulnerability assessments approved by the Secretary;
(3) for non-Federal projects contributing to the overall
security of a port or a system of ports in the Untied States,
as determined by the Secretary;
(4) for the salaries, benefits, overtime compensation, and
other costs of additional security personnel for State and
local agencies for activities required by the Area Maritime
Security Plan for a port area if--
(A) the Secretary increases the threat level under
the Homeland Security Advisory System to Code Orange or
Code Red;
(B) the Commandant of the Coast Guard raises the
Maritime Security level to MARSEC Level 2 or 3; or
(C) the Secretary otherwise authorizes such costs;
(5) for the cost of acquisition, operation, and maintenance
of equipment that contributes to the overall security of the
port area, as identified in the Area Maritime Security Plan, if
the need is based upon vulnerability assessments approved by
the Secretary or identified in the Area Maritime Security Plan;
(6) to conduct vulnerability assessments approved by the
Secretary;
(7) to purchase or upgrade equipment, including computer
software, to enhance terrorism preparedness;
(8) to conduct exercises to strengthen terrorism
preparedness;
(9) to conduct training for prevention and detection of,
preparedness for, response to, or recovery from attacks
involving weapons of mass destruction, including training in
the use of equipment and computer software;
(10) to establish or enhance mechanisms for sharing
terrorism threat information;
(11) for the cost of equipment (including software)
required to receive, transmit, handle, and store classified
information;
(12) for the protection of critical infrastructure against
potential attack by the addition of barriers, fences, gates,
and other such devices, except that the cost of such measures
may not exceed the greater of--
(A) $1,000,000 per project; or
(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the grant; and
(13) to conduct port-wide exercises to strengthen emergency
preparedness of Federal, State, territorial, and local
officials responsible for port security, including law
enforcement personnel and firefighters and other first
responders, in support of the Area Maritime Security Plan.
(e) Prohibited Uses.--Grants awarded under this section may not be
used to--
(1) supplant State or local funds for activities of the
type described in subsection (d);
(2) construct buildings or other physical facilities,
acquire land; or
(3) make any State or local government cost-sharing
contribution.
(f) Multiple Phase Projects.--
(1) Sense of congress.--It is the sense of Congress that
the Secretary should consider awarding grants under this
section for projects that span multiple years.
(2) Funding limitation.--Not more than 20 percent of the
total grant funds awarded under this section in any fiscal year
may be awarded for projects that span multiple years.
(g) Consistency With Plans.--The Secretary shall ensure that each
grant awarded under this section --
(1) is used to supplement and support, in a consistent and
coordinated manner, the applicable Area Maritime Transportation
Security Plan; and
(2) is used to supplement and support any applicable State
or Urban Area Homeland Security Plan.
(h) Coordination and Cooperation.--The Secretary--
(1) shall ensure that all projects that receive grant
funding under this section within any area defined in an Area
Maritime Transportation Security Plan are coordinated with
other projects in such area; and
(2) may require cooperative agreements among users of the
port and port facilities with respect to projects funded under
this section.
(i) Audits and Examinations.--All grantees under this section shall
maintain such records as the Secretary may require and make such
records available for review and audit by the Secretary, the
Comptroller General of the United States, or the Inspector General of
the Department.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) Improvements to Automated Targeting System.--There are
authorized to be appropriated $5,000,000 for each of the fiscal years
2007 through 2012 to carry out the provisions of section 6.
(b) Container Security Initiative.--There are authorized to be
appropriated $196,000,000 for each of the fiscal years 2007 through
2012 to carry out the provisions of section 12.
(c) Customs-Trade Partnership Against Terrorism.--There are
authorized to be appropriated $75,000,000 for each of the fiscal years
2007 through 2012 to carry out the provisions of sections 13 and 14.
(d) Joint Operations Centers.--
(1) In general.--There are authorized to be appropriated
$100,000,000 for each of the fiscal years 2007 through 2012 to
carry out the provisions of section 15.
(2) Budget analysis.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a budget analysis for
implementing the provisions of section 15, including additional
cost-sharing arrangements with other Federal departments and
other participants involved in the joint operation centers.
(e) Operation Safe Commerce.--There are authorized to be
appropriated $25,000,000 for each of fiscal years 2007 through 2012 to
carry out the provisions of section 16(c).
(f) Port Security Grant Program.--
(1) In general.--There are authorized to be appropriated
$400,000,000 for each of fiscal years 2007 through 2012 to
carry out the grant program established under section 17.
(2) Source of funds.--Amounts authorized to be appropriated
under paragraph (1) shall originate from duties collected by
U.S. Customs and Border Protection.
(g) Other Provisions.--There are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2007 through 2012 to
carry out the provisions of this Act not otherwise provided for under
this section.
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