S. 3659 – Reading Mode

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the SAFE Port Reauthorization Act.

(b)

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.

2.

Port security grants

Section 70107(l) of title 46, United States Code, is amended to read as follows:

(l)

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.

.

3.

Extension of port security programs

(a)

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:

(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 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:

(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 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:

(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)

Unannounced inspections

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 requirements

If at any time

; and

(2)

by inserting after paragraph (1), as redesignated, the following:

(2)

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.

.

(b)

Tier 2 Participants

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 benefits

Section 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)

In general

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)

Contents

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 programs

Section 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 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—

(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 Initiative

Section 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)

Waiver

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)

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—

(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)

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.

(c)

Components

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)

Voluntary participation

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)

Immunity

(1)

Immunity for reports of suspected terrorist activity or suspicious behavior and response

(A)

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.

(B)

False reports

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)

Immunity for response

(A)

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.

(B)

Savings provision

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)

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.

(4)

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).

(f)

Coordination

(1)

In general

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)

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.

(3)

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—

(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)

Definitions

In this section:

(1)

Act of terrorism

The term act of terrorism has the meaning given the term in section 3077 of title 18, United States Code.

(2)

Authorized official

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)

Covered activity

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)

Facility

The term facility has the meaning given the term in section 70101(2) of title 46, United States Code.

(h)

Authorization of appropriations

There 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)

In general

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)

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—

(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)

Demonstration project

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 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)—

(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)

Availability

Amounts appropriated pursuant to paragraph (1) shall remain available until expended.

9.

Coast Guard Port Assistance Program

(a)

In general

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)

In general

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)

Conditions

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 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..

(c)

Conforming amendments

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)

Clerical amendments

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.