1.Short
title; table of contents
(a)This Act may be cited
as the GreenLane Maritime Cargo
Security Act
.
(b)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. Strategy.
Sec. 5. Office of Cargo Security Policy.
Sec. 6. Container security standards and
procedures.
Sec. 7. Radiation detection and radiation safety.
Sec. 8. Container Security Initiative.
Sec. 9. Customs-Trade Partnership Against
Terrorism.
Sec. 10. GreenLane designation.
Sec. 11. Joint operations center.
Sec. 12. Research, development, test, and
evaluation.
Sec. 13. Port Security Grant Program.
Sec. 14. Authorization of appropriations.
2.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. Improving the security of
this complex supply chain is critical for the prosperity and liberty of all
nations.
(2)In 2004,
approximately 9,700,000 shipping containers came into the United States through
the Nation's seaports, averaging nearly 27,000 per day.
(3)In May 2002, the
Brookings Institution estimated that costs associated with United States port
closures from a detonated terrorist weapon could add up to $1,000,000,000,000
from the resulting economic slump and changes in our Nation's ability to trade.
Although the October 2002 west coast port closures were anticipated, such
closures cost the American economy approximately $1,000,000,000 per day for the
first 5 days.
(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.
Initiatives to secure shipping containers have just begun.
.
(5)The April 2005 Government Accountability
Office report entitled CONTAINER SECURITY: A Flexible Staffing Model and
Minimum Equipment Requirements Would Improve Overseas Targeting and Inspection
Efforts
reported that the effectiveness of the Container Security
Initiative is compromised when containers screened by the Bureau of Customs and
Border Protection and identified as high-risk are not properly inspected and
examined by foreign governments.
(6)The March 2005
Government Accountability Office report entitled, CARGO SECURITY:
Partnership Program Grants Importers Reduced Scrutiny with Limited Assurance of
Improved Security
, reports that the terrorist events of September 11,
2001, raised concerns about the potential use of company supply chains,
particularly oceangoing cargo containers, to move weapons of mass destruction
to the United States. While the likelihood of such use of containers is
considered low, the movement of oceangoing containerized cargo is vulnerable to
some form of terrorist action. Such action, including attempts to smuggle
either fully assembled weapons of mass destruction or their individual
components, could lead to widespread death and damage.
(7)In August 2005,
the President issued the National Strategy for Maritime Security, which notes
that the probability of a hostile state using a weapon of mass destruction
(referred to in this section as WMD
) will increase during the
next decade. WMD are of great concern since the maritime sector is the most
likely to be used to bring a WMD into the United States. In addition, the
adoption of a just-in-time delivery approach to shipping by most
industries, rather than stockpiling or maintaining operating reserves of
energy, raw materials, and key components, means that a disruption or slowing
of the flow of almost any item can have widespread implications for the overall
market and national economy
.
(8)Significant
enhancements can be achieved by applying a layered approach to supply chain
security, though such layers must be developed in a coordinated fashion.
Current supply chain security programs within the Federal government have been
independently operated, often falling short of gains which could be made had
coordination taken place.
(9)In a May 26,
2005, hearing of the Permanent Subcommittee on Investigations of the Committee
on Homeland Security and Governmental Affairs of the Senate, key concerns with
the Department’s supply chain security programs were noted, including—
(A)only 17.5 percent
of the cargo that the Bureau of Customs and Border Protection had identified as
high-risk is inspected overseas;
(B)equipment, such
as radiation detection devices and nonintrusive imaging machines, used overseas
for inspections are untested and of unknown quality;
(C)the Bureau of
Customs and Border Protection has failed to develop performance measures for
the Container Security Initiative that would validate CSI port designations and
justify the deployment of personnel overseas;
(D)the lack of such
performance measures and an assessment for staffing allocations has lead to
some CSI ports being overstaffed while others are inadequately staffed;
(E)substantial
benefits including fewer inspections are provided to importers enrolled in the
C–TPAT program without a thorough review or validation of their supply chain
security profiles; and
(F)the validation
procedures and requirements are not sufficiently rigorous to ensure the C–TPAT
member’s security procedures are adequate.
(10)The statement of
managers accompanying the conference report on the Department of Homeland
Security Appropriations Act, 2005 (Public Law 108–334) directed the Under
Secretary for Border and Transportation Security to submit a report to
the Congress no later than February 8, 2005, which identified: (1) the steps
the Department has taken to date to enhance shipping container security, (2)
the resources that have been devoted to shipping container security in prior
fiscal years and the proposed resources to continue this security, (3) the
results of on-going projects, such as Operation Safe Commerce, CSI, C–TPAT and
others, (4) which departmental entity has primary responsibility for
implementing the needed changes, and (5) the steps the entity with primary
responsibility will take to implement these changes, including a specific
schedule for the development and issuance of standards, policies, procedures,
or regulations.
. The statement of managers accompanying the conference
report on the Department of Homeland Security Appropriations Act, 2006 (Public
Law 109–90) directed the Department of Homeland Security to conduct a new
review regarding cargo container security, stating on June 9, 2005, the
Department submitted a report on cargo container security which was 4 months
overdue and did not meet the needs outlined in the statement of managers
accompanying the conference report on the Department of Homeland Security
Appropriations Act, 2005 (Public Law 108–334).
.
(11)While it is
impossible to completely remove the risk of terrorist attacks, security
measures in the transport sector designed to counter terrorism 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, counter-terrorism measures can also
present an opportunity to find and agree on measures that combine the
imperative to fight terrorism with the possibility of increased efficiency in
the system. These efficiency gains are maximized when all nations adopt
them.
(12)The World
Customs Organization has taken a positive step in furtherance of international
supply chain security in publishing the Framework of Standards to Secure and
Facilitate Global Trade, which outlines a set of minimum standards designed
to—
(A)establish
standards for security and trade facilitation;
(B)enable integrated
supply chain management;
(C)enhance the
capabilities of customs administrations; and
(D)promote
cooperation between the customs and business communities.
(13)The shipping
industry has a responsibility to monitor, self-assess, and report on the risks
associated with goods under their control or use. The public sector must offer
incentives for companies to invest in security in order to promote information
sharing and other public-benefit outcomes.
(14)Increasing the
transparency of the supply chain will assist in mitigating the impact of an
incident by allowing for targeted shutdown of the international supply chain
and expedited restoration of commercial traffic.
3.In this Act:
(1)Automated
Targeting SystemThe term Automated Targeting System
means the system established by the Bureau of Customs and Border Protection to
assess imports and target those imports which pose a high risk of containing
contraband.
(2)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).
(3)Container
security deviceThe 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.
(4)Container
Security Initiative; CSIThe terms Container Security
Initiative and CSI mean the program authorized under
section 8 to identify and examine maritime containers that pose a risk for
terrorism at foreign ports before they are shipped to the United States.
(5)Customs-Trade
Partnership Against Terrorism; C–TPATThe terms
Customs-Trade Partnership Against Terrorism and
C–TPAT mean the voluntary program authorized under section 9 to
strengthen and improve the overall security of the international supply chain
and United States border security.
(6)The
term Department means the Department of Homeland Security.
(7)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.
(8)The
term GreenLane refers to the third tier of C–TPAT, that offers
additional benefits to validated C–TPAT participants that demonstrate a
sustained commitment beyond the minimum requirements for participation in
C–TPAT.
(9)The
term inspection means the comprehensive process used by the Bureau
of 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.
(10)International
supply chainThe term international supply chain
means the end-to-end process for shipping goods from a point of origin overseas
to the United States.
(11)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.
(12)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.
(13)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.
(14)The
term search means an intrusive examination in which a container is
opened and its contents are de-vanned and visually inspected by inspectional
personnel for the presence of misdeclared, restricted, or prohibited
items.
(15)The
term Secretary means the Secretary of Homeland Security.
(16)Smallest
exterior packaging unitThe 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).
(17)Supply chain
visibility procedureThe 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.
(18)Transportation
security incidentThe term transportation security
incident has the meaning given such term in section 70101(6) of title
46, United States Code.
4.
(a)
(1)Not later than 180 days after the date of enactment of
this Act, 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 submit a comprehensive
strategic plan to enhance international supply chain security for all modes of
transportation by which containers arrive in, depart from, or move through
seaports of the United States to—
(A)the Committee on
Homeland Security and Governmental Affairs of the Senate;
(B)the Committee on
Appropriations of the Senate;
(C)the Committee on
Homeland Security of the House of Representatives; and
(D)the Committee on
Appropriations of the House of Representatives.
(2)The
strategic plan submitted under paragraph (1) shall—
(A)clarify and
delineate 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;
(B)provide
measurable goals, including objectives, mechanisms, and a schedule, for
furthering the security of commercial operations from point of origin to point
of destination;
(C)build on
available resources and consider costs and benefits;
(D)identify
mandatory, baseline security goals, and the minimum container security
standards and procedures described in section 6;
(E)provide
incentives for additional voluntary measures to enhance cargo security, as
determined by the Secretary and under the GreenLane Program under section
10;
(F)include a process
for sharing intelligence and information with private sector stakeholders to
assist in their security efforts;
(G)identify a
framework for prudent and measured response in the event of a transportation
security incident involving the international supply chain;
(H)provide a plan
for the expeditious resumption of the flow of legitimate trade in accordance
with paragraph (3);
(I)focus on the
secure movement of containerized cargo through the international supply chain;
and
(J)expand upon and
relate to existing strategies and plans, including the National Strategy for
Maritime Security.
(3)
(A)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 ensure
trade lanes are restored as quickly as possible.
(B)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—
(i)having a vessel
security plan approved or accepted under section 70103(c) of title 46, United
States Code;
(ii)entering a port
of entry directly from a foreign port designated under CSI or from another
foreign port, as determined by the Secretary;
(iii)operated by
validated C–TPAT participants; and
(iv)carrying
GreenLane designated cargo.
(4)Not
less than 3 years after the strategic plan is submitted under paragraph (1),
the Secretary shall submit an update of the strategic plan to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, the Committee on
Appropriations of the Senate, and the Committee on Appropriations of the House
of Representatives.
(5)Consultations
described in paragraph (1) shall focus on—
(A)designing
measurable goals, including objectives, mechanisms, and a schedule, for
furthering the security of the international supply chain;
(B)identifying and
addressing gaps in capabilities, responsibilities, or authorities;
(C)identifying and
streamlining unnecessary overlaps in capabilities, responsibilities, or
authorities; and
(D)identifying and
making recommendations regarding legislative, regulatory, and organizational
changes necessary to improve coordination among the entities or to enhance the
security of the international supply chain.
(6)Utilization of
advisory committeesAs part of the consultative process, 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 update to that plan.
(7)International
standards and practicesIn furtherance of the strategic plan, 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.
(b)Improvements to
Automated Targeting System
(1)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
identifying high-risk containers moving through the international supply
chain.
(2)
(A)Treatment of
recommendationsThe Secretary shall include in the plan required
under paragraph (1) a schedule for completing all outstanding corrective
actions recommended by 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.
(B)In developing the plan under paragraph (1), the
Secretary shall consider the cost, benefit, and feasibility of—
(i)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;
(ii)reducing the
time period allowed by law for revisions to a container cargo manifest;
(iii)reducing the
time period allowed by law for submission of entry data for vessel or cargo;
and
(iv)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.
(C)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 submitted under paragraph (1).
(D)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.
(3)New or expanded
information submissionsIn 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 submitted under paragraph (1).
(4)Secure
transmission of certain informationAll 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.
(c)Uniform data
for government-wide usage
(1)The
Secretary, in conjunction with representatives from the Department, the
Department of Transportation, the Department of Health and Human Services, the
Department of Agriculture, the Department of Commerce, the Department of State,
the Department of Defense, the Department of Justice, the Department of the
Interior, and other 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 (referred to in this subsection as the
International Trade Data System
).
(2)Interagency
steering groupThe Deputy Director for Management of the Office
of Management and Budget (referred to in this subsection as the Deputy
Director
), pursuant to responsibilities under chapter 36 of title 44,
United States Code, shall establish an executive level, interdepartmental
steering group (referred to in this subsection as the Interdepartmental
Steering Group
), comprised of representatives of the departments listed
in paragraph (1), to coordinate, the establishment, investment in, and
implementation of the International Trade Data System.
(3)Not
later than 1 year after the date of enactment of this Act, the Deputy Director,
through the Interdepartmental Steering Group, shall complete the development of
the harmonized data set of import and export information submitted to agencies
with a presence at the international border of the United States.
(4)Private sector
consultationThe Secretary and the Interdepartmental Steering
Group shall consult with private sector stakeholders in developing the uniform
data submission requirements, procedures, and schedules.
(5)Joint
inspections proceduresThe Deputy Director, through the
Interdepartmental Steering Group, shall develop plans for longer term uses of
the International Trade Data System, including facilitating joint cargo
inspections by multiple Federal agencies to meet their respective
requirements.
5.Office of Cargo
Security Policy
(a)Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
431.Office of cargo
security policy
(a)There
is established within the Department an Office of Cargo Security Policy
(referred to in this section as the Office
).
(b)The
Office shall—
(1)coordinate all
Department policies and programs relating to cargo security; and
(2)consult with
stakeholders and work with other Federal agencies to establish standards and
regulations and to promote best practices.
(c)
(1)The
Office shall be headed by a Director, who shall—
(A)be appointed by
the Secretary; and
(B)report to the
Assistant Secretary for Policy.
(2)The
Director shall—
(A)advise the
Secretary and the Assistant Secretary for Policy regarding all aspects of
Department programs relating to cargo security;
(B)develop
Department-wide policies regarding cargo security;
(C)coordinate the
cargo security policies and programs of the Department with other executive
agencies; and
(D)coordinate all
programs of the Department relating to cargo
security.
.
(b)Designation of
liaison office of department of stateThe Secretary of State
shall designate a liaison office within the Department of State to assist the
Secretary, as appropriate in negotiating cargo security related international
agreements; in conducting activities under this Act; and other responsibilities
as assigned by the Secretary of State.
6.Container
security standards and procedures
(a)
(1)Not later than 180 days after the date of enactment of
this Act, the Secretary shall establish, by regulation, minimum standards and
procedures for securing containers in transit to an importer in the United
States.
(2)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)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)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 11.
(c)International
cargo security standardsThe
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.
7.Radiation
detection and radiation safety
(a)Not later than 1 year after the date of enactment of
this Act, all containers entering the United States shall be examined for
radiation.
(b)
(1)Not later than 90 days after the date of enactment of
this Act, the Secretary shall submit a strategy for the deployment of radiation
detection equipment at all ports of entry to—
(A)the Committee on
Homeland Security and Governmental Affairs of the Senate;
(B)the Committee on
Appropriations of the Senate;
(C)the Committee on
Homeland Security of the House of Representatives; and
(D)the Committee on
Appropriations of the House of Representatives.
(2)The
strategy submitted under paragraph (1) shall include—
(A)the type of
equipment to be used;
(B)standard
operating procedures for examining containers with such equipment;
(C)a plan detailing
the environmental health and safety impacts of nonintrusive inspection
technology;
(D)the Department
policy for the using nonintrusive inspection equipment; and
(E)a classified
annex that details plans for covert testing.
(c)Not later than 90 days after the date of enactment of this
Act, the Secretary shall submit a plan, to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on Appropriations of the
Senate, the Committee on Homeland Security of the House of Representatives, and
the Committee on Appropriations of the House of Representatives, that—
(1)details the
health and safety impacts of nonintrusive inspection technology; and
(2)describes the
policy of the Bureau of Customs and Border Protection for using nonintrusive
inspection equipment.
8.Container
Security Initiative
(a)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)Before
the Secretary designates any foreign port under CSI, the Secretary, in
coordination with the Secretary of State and 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;
(6)the potential for
amending trade agreements to reflect participation in CSI; and
(7)the potential for
C–TPAT and GreenLane cargo traveling from the foreign port.
(c)Not later than March 1 of each year in which the Secretary
proposes to designate a foreign port under CSI, the Secretary shall submit a
report, in classified or unclassified form, detailing the assessment of each
foreign port the Secretary is considering designating under CSI, to—
(1)the Committee on
Homeland Security and Governmental Affairs of the Senate;
(2)the Committee on
Appropriations of the Senate;
(3)the Committee on
Homeland Security of the House of Representatives; and
(4)the Committee on
Appropriations of the House of Representatives.
(d)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)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)The
Secretary of State, in conjunction with the United States Trade Representative,
shall enter into trade negotiations with the government of each foreign country
with a port designated under CSI, as appropriate, to ensure full compliance
with the requirements under CSI.
(g)
(1)Requirements
and proceduresThe 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)
(A)The Secretary, in
coordination 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)The
Secretary may lease or loan nonintrusive inspection and radiation detection
equipment for containers to the government of a foreign country for use in
ports participating in CSI.
(C)The
Secretary may provide training on the use of equipment to foreign personnel at
each port designated under CSI.
(h)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 in decreasing the number of personnel.
9.Customs-Trade
Partnership Against Terrorism
(a)
(1)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)Correction of
deficienciesThe Secretary
shall correct the deficiencies 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)The Secretary shall promulgate regulations that
describe the minimum requirements, program tiers, and program benefits of
C–TPAT.
(b)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)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)
(1)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)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). Such benefits may not include reduced scores in the Automated
Targeting System.
(e)
(1)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)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 validationIf a C–TPAT participant’s security measures
and supply chain security practices fail to meet validation
requirements—
(A)the participant
may not receive the benefits of validation; and
(B)the Commissioner
of the Bureau of Customs and Border Protection may deny the participant all
benefits under C–TPAT.
(4)A C–TPAT participant described under paragraph (3)
may—
(A)file an appeal
with the Secretary of the Commissioner’s decision under paragraph (3)(B) to
deny benefits under C–TPAT; and
(B)request
revalidation.
(5)The Secretary shall extend benefits to each participant
who has been validated under this subsection, which may include—
(A)reduced
searches;
(B)priority
processing for searches; and
(C)reduced scores in
the Automated Targeting System.
(f)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.
10.
(a)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)Designated GreenLane participants shall ensure
that—
(1)entry data is
submitted on shipments before loading;
(2)cargo is loaded
at a port designated under CSI, or other foreign port as determined by the
Secretary, for transit to the United States;
(3)cargo is loaded
on a vessel with a vessel security plan approved or accepted under section
70103(c) of title 46, United States Code;
(4)cargo is made
available for screening and examination before loading using technologies,
processes or techniques, as determined by the Secretary;
(5)the supply chain
visibility procedures established by the Secretary are utilized;
(6)container
security devices meeting the standards and procedures established by the
Secretary are utilized;
(7)cargo complies
with additional security criteria established by the Secretary beyond the
minimum requirements for C–TPAT participation under section 9(c), particularly
in the area of access controls; and
(8)cargo complies
with any other requirements determined by the Secretary.
(c)Containers
transhipped through Canada or Mexico under GreenLaneContainers
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)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)GreenLane participants under paragraph (1) shall have the
right to appeal denial of benefits decisions to the Secretary and request
redesignation under GreenLane.
(e)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)Overseas
screening and examinationsNot later than 180 days after the date
of enactment of this Act, the Secretary shall submit a strategy for screening
and examining GreenLane containers overseas before they are loaded on to
vessels destined for the United States to—
(1)the Committee on
Homeland Security and Governmental Affairs of the Senate;
(2)the Committee on
Appropriations of the Senate;
(3)the Committee on
Homeland Security of the House of Representatives; and
(4)the Committee on
Appropriations of the House of Representatives.
(g)
(1)Not later than 1 year after the date of enactment of this
Act, the Secretary, in consultation with private sector stakeholders, shall
promulgate regulations that 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 9(c).
(2)Not
later than 2 years after the date of enactment of this Act, the Secretary, in
consultation with the Commercial Operations Advisory Committee, shall
promulgate regulations providing 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 4(e)(B));
(D)further reduced
searches;
(E)priority
processing for searches;
(F)further reduced
scores in the Automated Targeting System; and
(G)streamlined
billing of any customs duties or fees.
11.
(a)Not
later than 3 years after the date of enactment of this Act, the Secretary shall
establish joint operation 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)At
a minimum, a joint operations center shall be colocated with the command center
for each Coast Guard sector. If a particular port is covered by a command
center that is not located at that port, the Secretary shall consider virtual
connectivity to maintain awareness of activities of that port and to provide
other agency participation in accordance with subsection (c).
(c)The
following entities shall participate in each joint operations center for
maritime and cargo security:
(1)The United States
Coast Guard.
(2)The Bureau of
Customs and Border Protection.
(3)The Bureau of
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.
(d)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.
(e)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.
(f)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.
(g)
(1)Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit an implementation plan for this section
to—
(A)the Committee on
Homeland Security and Governmental Affairs of the Senate;
(B)the Committee on
Appropriations of the Senate;
(C)the Committee on
Homeland Security of the House of Representatives; and
(D)the Committee on
Appropriations of the House of Representatives.
(2)The
report submitted under paragraph (1) shall describe, for each joint operations
center—
(A)the
location;
(B)the specific
participating entities;
(C)the
implementation costs; and
(D)the necessary
resources for operation and maintenance, including the cost-sharing
requirements for other agencies and participants.
12.Research,
development, test, and evaluation
(a)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)The
Secretary, acting through the Undersecretary for Science and Technology, in
consultation with the Assistant Secretary for Policy, the Director of Cargo
Security Policy, 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)
(1)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;
(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 cargoThe
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)Not later than March 1 of each year, the Secretary shall
submit a report detailing the results of Operation Safe Commerce to—
(A)the Committee on
Homeland Security and Governmental Affairs of the Senate;
(B)the Committee on
Homeland Security of the House of Representatives;
(C)the Committee on
Appropriations of the Senate; and
(D)the Committee on
Appropriations of the House of Representatives.
(d)The Secretary shall, not less frequently than once
every 2 years—
(1)review the
technology requirements and standards established under section 10; 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.
13.Port Security Grant
Program
(a)The Secretary, acting through the Office for Domestic
Preparedness, shall establish a grant program to fairly and equitably allocate
Federal financial assistance—
(1)to help implement
Area Maritime Transportation Security plans required under section 70103(b) of
title 46, United States Code;
(2)to correct port
security vulnerabilities identified through vulnerability assessments approved
by the Secretary; or
(3)to non-Federal
projects contributing to the overall security of an individual port or the
system of ports in the United States, as determined by the Secretary.
(b)In awarding grants under this Act, the Secretary
shall—
(1)take into account
national economic and strategic defense considerations of individual
ports;
(2)strongly
encourage efforts to promote—
(A)integration of
port-wide security, including supply chain initiatives;
(B)information and
intelligence sharing; and
(C)joint efforts,
such as joint operations centers, among all port stakeholders; and
(3)consider funding
major projects in phases over multiple years.
(c)
(1)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.
(2)In
determining grant recipients under this section, the Secretary may give
preference to continuing to fund multiyear projects that have previously
received funding under this section.
(d)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 correct port
security vulnerabilities identified through vulnerability assessments approved
by the Secretary;
(3)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;
(4)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;
(5)to develop joint
operations centers, as described under section 10, that bring together Federal,
State, and local officials and stakeholders into a common operation center that
is focused on area maritime and cargo security;
(6)to conduct
vulnerability assessments approved by the Secretary; and
(7)to conduct
port-wide exercises to strengthen emergency preparedness of Federal, State, 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)Grants awarded under this section may not be used to—
(1)construct
buildings or other physical facilities, except those otherwise authorized under
section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), including those facilities in support of
subsection (d)(5), and specifically approved by the Secretary; or
(2)acquire land,
unless such use is specifically approved by the Secretary in support of
subsection (d)(5).
(f)Except as provided in paragraph (2), Federal funds
for any eligible project under this section shall be determined by the
Secretary.
(g)
(1)Any entity subject to an Area Maritime Transportation
Security Plan 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, working through the Office for Domestic Preparedness, may
require.
(2)Minimum
standards for payment or reimbursementEach application submitted
under paragraph (1) shall include—
(A)a comprehensive
description of—
(i)the
need for the project;
(ii)the methodology
for coordinating the project into the security of the greater port area, as
identified in the Area Maritime Security Plan;
(iii)any existing
cooperation agreements with other port facilities, vessels, or organizations
that benefit security of the entire port; and
(iv)the
applicability of the project to the Area Maritime Transportation Security Plan;
and
(B)a determination
by the Captain of the Port that the security 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)The Secretary, in consultation with the Office of the
Inspector General, 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.
(4)Project
approval requiredThe Secretary may not award a grant under this
section unless the Secretary determines that—
(A)the project to be
carried out with such grant funding—
(i)is
consistent with vulnerability assessments approved by the Secretary;
(ii)supports
cooperation or integration of Federal, State, local, and industry stakeholders
in the port area; and
(iii)helps to
implement the Area Maritime Transportation Security Plan;
(B)sufficient
funding is available to meet the matching requirement described under
subsection (d);
(C)the project will
be completed without unreasonable delay; and
(D)the recipient has
authority to carry out the proposed project.
(h)Coordination
and cooperationThe 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)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.
(j)Not later than 1 year after the date of enactment of this
Act, and annually thereafter until October 1, 2013, the Secretary shall submit
an unclassified report describing regarding the progress made in meeting the
objectives of the port security grant program established under this section
to—
(1)the Committee on
Homeland Security and Governmental Affairs of the Senate;
(2)the Committee on
Homeland Security of the House of Representatives;
(3)the Committee on
Appropriations of the Senate; and
(4)the Committee on
Appropriations of the House of Representatives.
14.Authorization
of appropriations
(a)Improvements to
automated targeting systemThere are authorized to be appropriated
$5,000,000 for each of the fiscal years 2007 through 2012 to carry out the
provisions of section 4(b).
(b)Office of cargo
security policyThere are authorized to be appropriated for each
of the fiscal years 2007 through 2012—
(1)$4,000,000 to
carry out the amendment made by section 5(a); and
(2)$1,000,000 to
carry out the provisions of section 5(b).
(c)Container
security initiativeThere are authorized to be appropriated
$175,000,000 for each of the fiscal years 2007 through 2012 to carry out the
provisions of section 8.
(d)Customs-trade
partnership against terrorismThere are authorized to be
appropriated $75,000,000 for each of the fiscal years 2007 through 2012 to
carry out the provisions of section 9.
(e)There are authorized to be appropriated $50,000,000
for each of the fiscal years 2007 through 2012 to carry out the provisions of
section 10.
(f)
(1)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 11.
(2)Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit a budget analysis for implementing the
provisions of section 11, including additional cost-sharing arrangements with
other Federal departments and other participants involved in the joint
operation centers, to—
(A)the Committee on
Homeland Security and Governmental Affairs of the Senate;
(B)the Committee on
Appropriations of the Senate;
(C)the Committee on
Homeland Security of the House of Representatives; and
(D)the Committee on
Appropriations of the House of Representatives.
(g)There are authorized
to be appropriated $25,000,000 for each of fiscal years 2007 through 2012 to
carry out the provisions of section 12(c).
(h)Port Security
Grant ProgramThere 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
13.
(i)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.
(j)Amounts authorized to be appropriated under this section
shall originate from duties collected by the Bureau of Customs and Border
Protection.
November 16, 2005
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