1.Short title; table of
contents
(a)This Act may be cited
as the SAFE Port Reauthorization
Act
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Port security grants.
Sec. 3. Extension of port security programs.
Sec. 4. Customs-Trade Partnership Against
Terrorism.
Sec. 5. Recognition of other countries’ trusted shipper
programs.
Sec. 6. Secure Freight Initiative.
Sec. 7. America’s Waterway Watch
Program.
Sec. 8. Research, development, test, and evaluation efforts in
furtherance of maritime and cargo security.
Sec. 9. Coast Guard Port Assistance Program.
2.Section 70107(l) of
title 46, United States Code, is amended to read as follows:
(l)Authorization
of appropriationsThere are authorized to be appropriated
$400,000,000 for each of the fiscal years 2010 through 2015 to carry out this
section.
.
3.Extension of
port security programs
(a)Automated
Targeting SystemSection 203(g) of the
SAFE Port Act (6 U.S.C. 943(g))
is amended by striking paragraphs (1) through (3) and inserting the
following:
(1)$32,560,000 for
fiscal year 2010;
(2)$32,565,000 for
fiscal year 2011;
(3)$33,475,000 for
fiscal year 2012;
(4)$34,500,000 for
fiscal year 2013;
(5)$35,550,000 for
fiscal year 2014; and
(6)$36,580,000 for
fiscal year
2015.
.
(b)Container
Security InitiativeSection 205(m) of the
SAFE Port Act (6 U.S.C. 945(m))
is amended by striking paragraphs (1) through (3) and inserting the
following:
(1)$162,000,000 for
fiscal year 2010;
(2)$166,860,000 for
fiscal year 2011;
(3)$171,865,000 for
fiscal year 2012;
(4)$177,000,000 for
fiscal year 2013;
(5)$182,330,000 for
fiscal year 2014; and
(6)$187,800,000 for
fiscal year
2015.
.
(c)Customs-Trade
Partnership Against TerrorismSection 223(a) of the
SAFE Port Act (6 U.S.C. 973(a))
is amended by striking paragraphs (1) through (3) and inserting the
following:
(1)$62,600,000 for
fiscal year 2010;
(2)$64,500,000 for
fiscal year 2011;
(3)$66,400,000 for
fiscal year 2012;
(4)$68,400,000 for
fiscal year 2013;
(5)$70,500,000 for
fiscal year 2014; and
(6)$72,500,000 for
fiscal year
2015.
.
4.Customs-Trade
Partnership Against Terrorism
(a)Section 217(a) of
the SAFE Port Act (6 U.S.C.
967(a)) is amended—
(1)by striking If at any time
and inserting the following:
(1)Failure to meet
requirementsIf at any
time
;
and
(2)by inserting after paragraph (1), as
redesignated, the following:
(2)The Secretary, acting through the Commissioner, may
conduct an unannounced inspection of a C-TPAT participant’s security measures
and supply chain security practices if the Commissioner determines, based on
previously identified deficiencies in security measures and supply chain
security practices of the C-TPAT participant, that there is a significant
likelihood that such an inspection would assist in confirming the security
measures in place and further the validation
process.
.
(b)Section 215(b) of the SAFE Port Act (6 U.S.C.
965(b)) is amended—
(1)by striking
and
at the end of paragraph (2);
(2)by striking the
period at the end of paragraph (3) and inserting ; and
;
and
(3)by adding at the
end the following:
(4)voluntary
training on supply chain
security.
.
(c)Additional
trade benefitsSection 216 of the
SAFE Port Act (6 U.S.C. 966) is
amended—
(1)in subsection
(c)—
(A)in paragraph (3),
by striking and
at the end;
(B)in paragraph (4),
by striking and
at the end;
(C)in paragraph (5),
by striking the period at the end and inserting a semicolon; and
(D)by adding at the
end the following:
(6)voluntary
training on supply chain security; and
(7)increased
information sharing on the security threats described in subsection
(d).
;
and
(2)by striking
subsection (d) and inserting the following:
(d)Private sector
information sharing on security threats
(1)The Secretary shall establish a program to promote
sharing information with Tier 3 participants and other private entities
regarding—
(A)potential
vulnerabilities, attacks, and exploitations of the international supply chain;
and
(B)means and methods
of preventing, responding to, and mitigating consequences from the
vulnerabilities, attacks, and exploitations described in subparagraph
(A).
(2)The
program established under paragraph (1) shall include—
(A)the creation of
classified and unclassified means of accessing information that may be used by
appropriately cleared personnel and that will provide, as appropriate, ongoing
situational awareness of the security of the international supply chain;
and
(B)the creation of
guidelines to establish a mechanism by which owners and operators of
international supply chain infrastructure may report actual or potential
security
breaches.
.
5.Recognition of
other countries’ trusted shipper programsSection 218 of the
SAFE Port Act (6 U.S.C. 968) is
amended by adding at the end the following:
(j)Recognition of
other countries’ trusted shipper programsNot later than 30 days before entering into
an agreement between the United States and a foreign government providing for
mutual recognition of supply chain security programs, which would result in the
awarding of benefits described in section 214, 215, or 216 of the SAFE Port
Act, the Secretary of Homeland Security shall—
(1)notify Congress of the proposed terms of
such agreement; and
(2)determine, in consultation with the
Commissioner, Customs and Border Protection, that the foreign government’s
supply chain security program provides an equivalent level of supply chain
security as provided by the Customs-Trade Partnership Against
Terrorism.
.
6.Secure Freight
InitiativeSection 232(b) of
the SAFE Port Act (6 U.S.C.
982(b)) is amended—
(1)in paragraph (1), by striking A
container
and inserting Except as provided under paragraph (10),
a container
; and
(2)by adding at the
end the following:
(10)The
Secretary may waive the application of paragraph (1) if the Secretary certifies
to Congress that—
(A)C-TPAT
revalidations are occurring at least once every 4 years;
(B)the Container
Security Initiative has been implemented and is in operation at all high-risk
foreign ports;
(C)100 percent of
cargo containers originating outside the United States undergo a screening to
identify high-risk containers;
(D)100 percent of
the containers that have been identified as high-risk are scanned or searched
before entering the United States; and
(E)the additional
data elements required to be submitted to the Department under section 203 to
identify high-risk cargo have improved the capabilities of the Automated
Targeting System, based on empirical evidence of seizures of illegal narcotics
and dangerous
materials.
.
7.America’s
waterway watch program
(a)The
Secretary of Homeland Security shall establish a national maritime homeland
security outreach and awareness program to be known as the America’s Waterway
Watch Program (referred to in this section as the Program
). The
program shall—
(1)encourage the
public and industry to recognize and report suspected terrorist activity or
suspicious behavior against a vessel, facility, port, or waterway; and
(2)promote voluntary
reporting of such activity or behavior.
(b)The
Program shall be to promote voluntary reporting of activities that indicate
that a person may be preparing to engage or is engaging in a violation of law
relating to a threat or act of terrorism against a vessel, facility, port, or
waterway.
(c)The
Program shall—
(1)consist of a
network of individuals, agencies, and community-based organizations to—
(A)encourage the
public and industry to recognize and report a covered activity (as defined in
subsection (g));
(B)promote voluntary
reporting of such activity; and
(C)enhance the
situational awareness within the Nation’s ports and waterways;
(2)be conducted in
cooperation with Federal, State, and local law enforcement agencies, to the
extent practicable; and
(3)include education
in—
(A)observing and
reporting on covered activities; and
(B)sharing such
reports and coordinating the response to such activities by Federal, State, and
local law enforcement agencies.
(d)Participation in the Program—
(1)shall be
voluntary;
(2)shall not be a
prerequisite to eligibility for, or receipt of, any other service or assistance
from, or to participation in, any other program; and
(3)shall not require
disclosure of information regarding the individual reporting covered activities
or, for proprietary purposes, the location of such individual.
(e)
(1)Immunity for
reports of suspected terrorist activity or suspicious behavior and
response
(A)Any individual who, in good faith and based on
objectively reasonable suspicion, makes, or causes to be made, a voluntary
report of covered activity to an authorized official shall be immune from civil
liability under Federal, State, and local law for such report.
(B)Subparagraph (A) shall not apply to any report
that—
(i)the
individual knew to be false; or
(ii)was made with
reckless disregard for the truth at the time that individual made the
report.
(2)
(A)Any authorized official who observes, or receives a
report of, a covered activity and takes reasonable action in good faith to
respond to such activity shall have qualified immunity from civil liability for
such action, consistent with the applicable law of the relevant jurisdiction.
An authorized official not entitled to assert the defense of qualified immunity
shall be immune from civil liability under Federal, State, and local law if
such authorized official takes reasonable action, in good faith, to respond to
the reported activity.
(B)Nothing in this paragraph may be construed to—
(i)affect the
ability of any authorized official to assert any defense, privilege, or
immunity that would otherwise be available under applicable law; or
(ii)affect any such
defense, privilege, or immunity.
(3)Any individual or authorized official granted immunity
from civil liability under this section shall be entitled to recover from the
plaintiff all reasonable costs and attorney fees.
(4)A report regarding a covered activity made under this
section shall not be subject to disclosure under section 552 of title 5, United
States Code (commonly referred to as the Freedom of Information Act).
(f)
(1)The Secretary of Homeland Security shall—
(A)coordinate the
Program with similar critical infrastructure suspicious activity reporting
programs within the Department of Homeland Security; and
(B)identify best
practices from such programs, including how to provide feedback to those that
report suspicious activities.
(2)The
Secretary of Homeland Security shall, in developing the Program, consult with
representatives of the recreational boating community and commercial fishing
and vessel operators to foster long-term participation and success of the
Program.
(3)Not
later than January 1 of each year, the Secretary shall submit a report that
describes the coordination of the Program and similar critical infrastructure
suspicious activity reporting programs within the Department of Homeland
Security to—
(A)the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(B)the Committee on
Homeland Security of the House of Representatives.
(g)In
this section:
(1)The term act of terrorism has the meaning
given the term in section 3077 of title 18, United States Code.
(2)The term authorized official means—
(A)any employee or
agent of a vessel, facility, port, or waterway or other person with
responsibilities relating to the security of such systems;
(B)any officer,
employee, or agent of the Department of Homeland Security, the Department of
Transportation, or the Department of Justice with responsibilities relating to
the security of vessels, facilities, ports, or waterways; and
(C)any Federal,
State, or local law enforcement officer.
(3)The term covered activity means any
suspicious transaction, activity, or occurrence that—
(A)involves, or is
directed against, a vessel or facility; and
(B)indicates that an
individual may be preparing to engage, or is engaging, in a violation of law
relating to—
(i)a
threat to a vessel, facility, port, or waterway; or
(ii)an
act of terrorism.
(4)The
term facility has the meaning given the term in section 70101(2)
of title 46, United States Code.
(h)Authorization
of appropriationsThere is authorized to be appropriated, for
each of the fiscal years 2010 through 2014, $3,000,000, which shall—
(1)be used to carry
out this section; and
(2)remain available
until expended.
8.Research,
development, test, and evaluation efforts in furtherance of maritime and cargo
security
(a)The Secretary of Homeland Security shall—
(1)direct research,
development, testing, and evaluation efforts in furtherance of maritime and
cargo security;
(2)coordinate with
public and private sector entities to develop and test technologies, and
process innovations in furtherance of these objectives; and
(3)evaluate such
technologies.
(b)The
Secretary, in coordination with the Under Secretary for Science and Technology,
the Assistant Secretary for Policy, the Commandant of the Coast Guard, the
Commissioner of U.S. Customs and Border Protection, the Chief Financial
Officer, and the heads of other appropriate offices or entities of the
Department of Homeland Security (referred to in this section as the
Department
), shall ensure that—
(1)research,
development, testing, and evaluation efforts funded by the Department in
furtherance of maritime and cargo security are coordinated within the
Department and with other appropriate Federal agencies to avoid duplication of
efforts; and
(2)the results of
such efforts are shared throughout the Department and with other Federal,
State, and local agencies, as appropriate.
(c)The Secretary, through the Under Secretary for Science
and Technology shall—
(1)conduct a
demonstration project to determine the feasibility of using composite cargo
conveyances for all transportation modes to improve maritime and cargo
security; and
(2)submit a report
to Congress on the feasibility of using composite cargo conveyances for all
transportation modes to improve maritime and cargo security.
(d)Authorization
of appropriations
(1)In addition to any amounts otherwise appropriated to the
Directorate for Science and Technology and other components of the Department,
there are authorized to be appropriated, to carry out the demonstration project
described in subsection (c)—
(A)$10,000,000 for
fiscal year 2011;
(B)$10,000,000 for
fiscal year 2012; and
(C)$5,000,000 for
fiscal year 2013.
(2)Amounts
appropriated pursuant to paragraph (1) shall remain available until
expended.
9.Coast Guard Port
Assistance Program
(a)Section 70110 of title 46, United States Code, is amended
by adding at the end the following new subsection:
(f)Coast guard
port assistance program
(1)The Secretary—
(A)in consultation
with the Secretary of State, may provide technical advice, training, or support
to a government of a foreign country with jurisdiction over, or control of, a
port or facility or the owner or operator of such port or facility; and
(B)with the
concurrence of the Secretary of State, may lend, lease, donate, or otherwise
provide equipment to such government or such owner or operator to assist the
port or facility—
(i)in meeting or
exceeding—
(I)applicable
International Ship and Port Facility Security Code standards; or
(II)standards
established under section 70108, or
(ii)in improving or
enhancing maritime domain awareness, port security operations, or maritime
security in collaboration with customs efforts.
(2)The
Secretary—
(A)shall provide the
assistance described in paragraph (1) based upon an assessment of the risks to
the security of the United States and the inability of the owner or operator of
the port or facility to meet or exceed the standards established by regulations
pursuant to section 70108;
(B)may not provide
such assistance unless the port or facility has been subjected to a
comprehensive port security assessment by the Coast Guard to validate foreign
port or facility compliance with International Ship and Port Facility Security
Code standards pursuant to section 70108; and
(C)may not lend,
lease, or otherwise provide equipment unless the Secretary has determined that
such equipment is not required by the Coast Guard for the performance of its
missions.
.
(b)Safety and
security assistance for foreign ports and facilitiesSection
70110(e)(1) of title 46, United States Code, is amended by striking the second
sentence and inserting the following: The Secretary shall establish a
program to utilize the assistance programs that are most capable of
implementing port security antiterrorism measures at ports and facilities in
foreign countries and territories of the United States that pose unique
security and safety threats to the United States.
.
(c)Section 70110 of title 46, United States Code, is
amended—
(1)in subsection
(a)—
(A)in the matter
preceding paragraph (1), by inserting or facility
after
port
; and
(B)in paragraph
(1)—
(i)by
striking port,
and inserting port or facility,
;
and
(ii)by
striking port;
and inserting port or
facility;
;
(2)in subsection
(b)—
(A)in the matter
preceding paragraph (1), by inserting or facility
after
port
;
(B)in paragraph (1),
by inserting or facility
after port
each place it
appears; and
(C)in paragraph (2),
by striking port.
and inserting port or
facility.
;
(3)in subsection
(c), by striking port
and inserting port or
facility
;
(4)in subsection
(d), by striking port.
and inserting port or
facility.
; and
(5)in subsection
(e)—
(A)in the first
sentence of paragraph (1), as so amended, by striking port
security
and inserting port or facility security
;
and
(B)in paragraph
(2)—
(i)in
the matter preceding subparagraph (A)—
(I)by striking
port security
and inserting port or facility
security
; and
(II)by striking
ports
and inserting ports or facilities
;
(ii)in
subparagraph (A), by striking ports
and inserting ports
or facilities
;
(iii)in subparagraph
(B), by striking ports;
and inserting ports or
facilities;
; and
(iv)in
subparagraph (C), by striking ports.
and inserting ports
or facilities.
.
(d)Chapter 701 of title 46, United States Code, is
amended—
(1)in the chapter
analysis, by striking the item relating to section 70110 and inserting the
following:
70110. Actions and
assistance for foreign ports or facilities and United States
territories.
.
(2)in section
70110—
(A)in the section
heading, by inserting And
facilities
after ports
; and
(B)in subsection
(e), by inserting and
facilities
after ports
.