II
111th CONGRESS
2d Session
S. 3659
IN THE SENATE OF THE UNITED STATES
July 27, 2010
Ms. Collins (for herself and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To reauthorize certain port security programs, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the SAFE Port Reauthorization
Act
.
Table of contents
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.
Port security grants
Section 70107(l) of title 46, United States Code, is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated $400,000,000 for each of the fiscal years 2010 through 2015 to carry out this section.
.
Extension of port security programs
Automated Targeting System
Section 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:
$32,560,000 for fiscal year 2010;
$32,565,000 for fiscal year 2011;
$33,475,000 for fiscal year 2012;
$34,500,000 for fiscal year 2013;
$35,550,000 for fiscal year 2014; and
$36,580,000 for fiscal year 2015.
.
Container Security Initiative
Section 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:
$162,000,000 for fiscal year 2010;
$166,860,000 for fiscal year 2011;
$171,865,000 for fiscal year 2012;
$177,000,000 for fiscal year 2013;
$182,330,000 for fiscal year 2014; and
$187,800,000 for fiscal year 2015.
.
Customs-Trade Partnership Against Terrorism
Section 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:
$62,600,000 for fiscal year 2010;
$64,500,000 for fiscal year 2011;
$66,400,000 for fiscal year 2012;
$68,400,000 for fiscal year 2013;
$70,500,000 for fiscal year 2014; and
$72,500,000 for fiscal year 2015.
.
Customs-Trade Partnership Against Terrorism
Unannounced inspections
Section 217(a) of the SAFE Port Act (6 U.S.C. 967(a)) is amended—
by striking If at any time
and inserting the following:
Failure to meet requirements
If at any time
; and
by inserting after paragraph (1), as redesignated, the following:
Unannounced inspections
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.
.
Tier 2 Participants
Section 215(b) of the SAFE Port Act (6 U.S.C. 965(b)) is amended—
by striking
and
at the end of paragraph (2);
by striking the
period at the end of paragraph (3) and inserting ; and
;
and
by adding at the end the following:
voluntary training on supply chain security.
.
Additional trade benefits
Section 216 of the SAFE Port Act (6 U.S.C. 966) is amended—
in subsection (c)—
in paragraph (3),
by striking and
at the end;
in paragraph (4),
by striking and
at the end;
in paragraph (5), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
voluntary training on supply chain security; and
increased information sharing on the security threats described in subsection (d).
; and
by striking subsection (d) and inserting the following:
Private sector information sharing on security threats
In general
The Secretary shall establish a program to promote sharing information with Tier 3 participants and other private entities regarding—
potential vulnerabilities, attacks, and exploitations of the international supply chain; and
means and methods of preventing, responding to, and mitigating consequences from the vulnerabilities, attacks, and exploitations described in subparagraph (A).
Contents
The program established under paragraph (1) shall include—
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
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.
.
Recognition of other countries’ trusted shipper programs
Section 218 of the SAFE Port Act (6 U.S.C. 968) is amended by adding at the end the following:
Recognition of other countries’ trusted shipper programs
Not 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—
notify Congress of the proposed terms of such agreement; and
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.
.
Secure Freight Initiative
Section 232(b) of the SAFE Port Act (6 U.S.C. 982(b)) is amended—
in paragraph (1), by striking A
container
and inserting Except as provided under paragraph (10),
a container
; and
by adding at the end the following:
Waiver
The Secretary may waive the application of paragraph (1) if the Secretary certifies to Congress that—
C-TPAT revalidations are occurring at least once every 4 years;
the Container Security Initiative has been implemented and is in operation at all high-risk foreign ports;
100 percent of cargo containers originating outside the United States undergo a screening to identify high-risk containers;
100 percent of the containers that have been identified as high-risk are scanned or searched before entering the United States; and
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.
.
America’s waterway watch program
Establishment
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—
encourage the public and industry to recognize and report suspected terrorist activity or suspicious behavior against a vessel, facility, port, or waterway; and
promote voluntary reporting of such activity or behavior.
Purpose
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.
Components
The Program shall—
consist of a network of individuals, agencies, and community-based organizations to—
encourage the public and industry to recognize and report a covered activity (as defined in subsection (g));
promote voluntary reporting of such activity; and
enhance the situational awareness within the Nation’s ports and waterways;
be conducted in cooperation with Federal, State, and local law enforcement agencies, to the extent practicable; and
include education in—
observing and reporting on covered activities; and
sharing such reports and coordinating the response to such activities by Federal, State, and local law enforcement agencies.
Voluntary participation
Participation in the Program—
shall be voluntary;
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
shall not require disclosure of information regarding the individual reporting covered activities or, for proprietary purposes, the location of such individual.
Immunity
Immunity for reports of suspected terrorist activity or suspicious behavior and response
In general
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.
False reports
Subparagraph (A) shall not apply to any report that—
the individual knew to be false; or
was made with reckless disregard for the truth at the time that individual made the report.
Immunity for response
In general
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.
Savings provision
Nothing in this paragraph may be construed to—
affect the ability of any authorized official to assert any defense, privilege, or immunity that would otherwise be available under applicable law; or
affect any such defense, privilege, or immunity.
Attorney fees and costs
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.
Exemption for FOIA
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).
Coordination
In general
The Secretary of Homeland Security shall—
coordinate the Program with similar critical infrastructure suspicious activity reporting programs within the Department of Homeland Security; and
identify best practices from such programs, including how to provide feedback to those that report suspicious activities.
Consultation
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.
Report
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—
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Homeland Security of the House of Representatives.
Definitions
In this section:
Act of terrorism
The term act of terrorism has the meaning given the term in section 3077 of title 18, United States Code.
Authorized official
The term authorized official means—
any employee or agent of a vessel, facility, port, or waterway or other person with responsibilities relating to the security of such systems;
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
any Federal, State, or local law enforcement officer.
Covered activity
The term covered activity means any suspicious transaction, activity, or occurrence that—
involves, or is directed against, a vessel or facility; and
indicates that an individual may be preparing to engage, or is engaging, in a violation of law relating to—
a threat to a vessel, facility, port, or waterway; or
an act of terrorism.
Facility
The term facility has the meaning given the term in section 70101(2) of title 46, United States Code.
Authorization of appropriations
There is authorized to be appropriated, for each of the fiscal years 2010 through 2014, $3,000,000, which shall—
be used to carry out this section; and
remain available until expended.
Research, development, test, and evaluation efforts in furtherance of maritime and cargo security
In general
The Secretary of Homeland Security shall—
direct research, development, testing, and evaluation efforts in furtherance of maritime and cargo security;
coordinate with public and private sector entities to develop and test technologies, and process innovations in furtherance of these objectives; and
evaluate such technologies.
Coordination
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—
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
the results of such efforts are shared throughout the Department and with other Federal, State, and local agencies, as appropriate.
Demonstration project
The Secretary, through the Under Secretary for Science and Technology shall—
conduct a demonstration project to determine the feasibility of using composite cargo conveyances for all transportation modes to improve maritime and cargo security; and
submit a report to Congress on the feasibility of using composite cargo conveyances for all transportation modes to improve maritime and cargo security.
Authorization of appropriations
In general
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)—
$10,000,000 for fiscal year 2011;
$10,000,000 for fiscal year 2012; and
$5,000,000 for fiscal year 2013.
Availability
Amounts appropriated pursuant to paragraph (1) shall remain available until expended.
Coast Guard Port Assistance Program
In general
Section 70110 of title 46, United States Code, is amended by adding at the end the following new subsection:
Coast guard port assistance program
In general
The Secretary—
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
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—
in meeting or exceeding—
applicable International Ship and Port Facility Security Code standards; or
standards established under section 70108, or
in improving or enhancing maritime domain awareness, port security operations, or maritime security in collaboration with customs efforts.
Conditions
The Secretary—
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;
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
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.
.
Safety and security assistance for foreign ports and facilities
Section
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.
.
Conforming amendments
Section 70110 of title 46, United States Code, is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by inserting or facility
after
port
; and
in paragraph (1)—
by
striking port,
and inserting port or facility,
;
and
by
striking port;
and inserting port or
facility;
;
in subsection (b)—
in the matter
preceding paragraph (1), by inserting or facility
after
port
;
in paragraph (1),
by inserting or facility
after port
each place it
appears; and
in paragraph (2),
by striking port.
and inserting port or
facility.
;
in subsection
(c), by striking port
and inserting port or
facility
;
in subsection
(d), by striking port.
and inserting port or
facility.
; and
in subsection (e)—
in the first
sentence of paragraph (1), as so amended, by striking port
security
and inserting port or facility security
;
and
in paragraph (2)—
in the matter preceding subparagraph (A)—
by striking
port security
and inserting port or facility
security
; and
by striking
ports
and inserting ports or facilities
;
in
subparagraph (A), by striking ports
and inserting ports
or facilities
;
in subparagraph
(B), by striking ports;
and inserting ports or
facilities;
; and
in
subparagraph (C), by striking ports.
and inserting ports
or facilities.
.
Clerical amendments
Chapter 701 of title 46, United States Code, is amended—
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.
.
in section 70110—
in the section
heading, by inserting And
facilities
after ports
; and
in subsection
(e), by inserting and
facilities
after ports
.