II
112th CONGRESS
1st Session
S. 832
IN THE SENATE OF THE UNITED STATES
April 14, 2011
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. 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.
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:
$32,565,000 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;
$36,580,000 for fiscal year 2015; and
$37,710,000 for fiscal year 2016.
.
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:
$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;
$187,800,000 for fiscal year 2015; and
$193,600,000 for fiscal year 2016.
.
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:
$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;
$72,500,000 for fiscal year 2015; and
$74,700,000 for fiscal year 2016.
.
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 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—
notify Congress of the proposed terms of such arrangement; and
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.
.
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.
.
Strengthening America’s Waterway Watch Program
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).
Report
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.
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, facility, port, or waterway; 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.
Port security grant program management
Determination of applications
Section 70107(g) of title 46, United States Code, is amended—
by striking “Any entity” and inserting the following:
In general
Any entity
; and
by adding at the end the following:
Determination
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.
.
Administration of cost share determinations
Section 70107(c)(2) of title 46, United States Code, is amended by inserting after subparagraph (C) the following:
Cost share determinations
Notwithstanding 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.
.
Administration of extensions
Section 70107(i) of title 46, United States Code, is amended by inserting after paragraph (4) the following:
Extension determinations
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.
.
Authorization of appropriations
Section 70107(l) of title 46, United States Code, is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated $300,000,000 for each of the fiscal years 2011 through 2016 to carry out this section.
.