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. Extension of port security programs.
Sec. 3. Customs-Trade Partnership Against
Terrorism.
Sec. 4. Recognition of other countries’ trusted shipper
programs.
Sec. 5. Secure Freight Initiative.
Sec. 6. Strengthening America’s Waterway Watch
Program.
Sec. 7. Port security grant program management.
2.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)$32,565,000 for
fiscal year 2011;
(2)$33,475,000 for
fiscal year 2012;
(3)$34,500,000 for
fiscal year 2013;
(4)$35,550,000 for
fiscal year 2014;
(5)$36,580,000 for
fiscal year 2015; and
(6)$37,710,000 for
fiscal year
2016.
.
(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)$166,860,000 for
fiscal year 2011;
(2)$171,865,000 for
fiscal year 2012;
(3)$177,000,000 for
fiscal year 2013;
(4)$182,330,000 for
fiscal year 2014;
(5)$187,800,000 for
fiscal year 2015; and
(6)$193,600,000 for
fiscal year
2016.
.
(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)$64,500,000 for
fiscal year 2011;
(2)$66,400,000 for
fiscal year 2012;
(3)$68,400,000 for
fiscal year 2013;
(4)$70,500,000 for
fiscal year 2014;
(5)$72,500,000 for
fiscal year 2015; and
(6)$74,700,000 for
fiscal year
2016.
.
3.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.
.
4.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 arrangement between the United States and a foreign government providing for
mutual recognition of supply chain security programs, which may 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 arrangement; and
(2)determine, in consultation with the
Commissioner 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.
.
5.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.
.
6.Strengthening
America’s Waterway Watch Program
(a)
(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).
(b)In
accordance with section 801 of the Coast Guard Authorization Act of 2010
(Public Law 111–281; 124 Stat. 2989), the Secretary shall submit a report that
describes the coordination of the America's Waterway Watch Program and similar
critical infrastructure suspicious activity reporting programs within the
Department of Homeland Security. In addition to submitting the report to the
Committee on Commerce of the Senate and the Committee on Homeland Security of
the House of Representatives, the Secretary shall submit the report to the
Committee on Homeland Security and Governmental Affairs of the Senate.
(c)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, facility, port, or waterway; 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.
7.Port security
grant program management
(a)Determination
of applicationsSection 70107(g) of title 46, United States Code,
is amended—
(1)by striking “Any
entity” and inserting the following:
(1)Any entity
;
and
(2)by adding at the
end the following:
(2)Notwithstanding
any other provision of law, the Secretary shall, not later than 60 days after
the date on which an applicant submits a complete application for a grant under
this section, either approve or disapprove the
application.
.
(b)Administration
of cost share determinationsSection 70107(c)(2) of title 46,
United States Code, is amended by inserting after subparagraph (C) the
following:
(D)Cost share
determinationsNotwithstanding any other provision of law, not
later than 60 days after the date on which an applicant submits a complete
application for a matching requirement (other than a project specified in
paragraph (1)), the Secretary shall either approve or disapprove the
application.
.
(c)Administration
of extensionsSection 70107(i) of title 46, United States Code,
is amended by inserting after paragraph (4) the following:
(5)Notwithstanding any other provision of law, not
later than 60 days after the date on which an applicant submits a complete
application for a grant extension, the Secretary shall either approve or
disapprove the
application.
.
(d)Authorization
of appropriationsSection 70107(l) of title 46, United States
Code, is amended to read as follows:
(l)Authorization
of appropriationsThere are authorized to be appropriated
$300,000,000 for each of the fiscal years 2011 through 2016 to carry out this
section.
.