[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2459 Reported in Senate (RS)]
Calendar No. 424
109th CONGRESS
2d Session
S. 2459
To improve cargo security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2006
Ms. Collins (for herself, Mrs. Murray, Mr. Coleman, Mr. Lieberman, Mr.
DeWine, Mr. Salazar, and Mr. Santorum) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
May 5, 2006
Reported by Ms. Collins, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To improve cargo security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``GreenLane
Maritime Cargo Security Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. Strategy.
<DELETED>Sec. 5. Under Secretary for Policy.
<DELETED>Sec. 6. Container security standards and procedures.
<DELETED>Sec. 7. Radiation detection and radiation safety.
<DELETED>Sec. 8. Container Security Initiative.
<DELETED>Sec. 9. Customs-Trade Partnership Against Terrorism.
<DELETED>Sec. 10. GreenLane designation.
<DELETED>Sec. 11. Joint operations center.
<DELETED>Sec. 12. Research, development, test, and evaluation.
<DELETED>Sec. 13. Port Security Grant Program.
<DELETED>Sec. 14. Authorization of appropriations.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) Maritime vessels are the primary mode of
transportation for international trade and they carry over 80
percent of international trade by volume. Improving the
security of this complex supply chain is critical for the
prosperity and liberty of all nations.</DELETED>
<DELETED> (2) In 2004, approximately 9,700,000 shipping
containers came into the United States through the Nation's
seaports, averaging nearly 27,000 per day.</DELETED>
<DELETED> (3) In May 2002, the Brookings Institution
estimated that costs associated with United States port
closures from a detonated terrorist weapon could add up to
$1,000,000,000,000 from the resulting economic slump and
changes in our Nation's ability to trade. Although the October
2002 west coast port closures were anticipated, such closures
cost the American economy approximately $1,000,000,000 per day
for the first 5 days.</DELETED>
<DELETED> (4) In its final report, the National Commission
on Terrorist Attacks Upon the United States noted, ``While
commercial aviation remains a possible target, terrorists may
turn their attention to other modes of transportation.
Opportunities to do harm are as great, or greater, in maritime
or surface transportation. Initiatives to secure shipping
containers have just begun.''.</DELETED>
<DELETED> (5) The April 2005 Government Accountability
Office report entitled ``CONTAINER SECURITY: A Flexible
Staffing Model and Minimum Equipment Requirements Would Improve
Overseas Targeting and Inspection Efforts'' reported that the
effectiveness of the Container Security Initiative is
compromised when containers screened by the Bureau of Customs
and Border Protection and identified as high-risk are not
properly inspected and examined by foreign
governments.</DELETED>
<DELETED> (6) The March 2005 Government Accountability
Office report entitled, ``CARGO SECURITY: Partnership Program
Grants Importers Reduced Scrutiny with Limited Assurance of
Improved Security'', reports that the terrorist events of
September 11, 2001, raised concerns about the potential use of
company supply chains, particularly oceangoing cargo
containers, to move weapons of mass destruction to the United
States. While the likelihood of such use of containers is
considered low, the movement of oceangoing containerized cargo
is vulnerable to some form of terrorist action. Such action,
including attempts to smuggle either fully assembled weapons of
mass destruction or their individual components, could lead to
widespread death and damage.</DELETED>
<DELETED> (7) In August 2005, the President issued the
National Strategy for Maritime Security, which notes that the
probability of a hostile state using a weapon of mass
destruction (referred to in this section as ``WMD'') will
increase during the next decade. WMD are of great concern since
the maritime sector is the most likely to be used to bring a
WMD into the United States. In addition, the adoption of a
``just-in-time delivery approach to shipping by most
industries, rather than stockpiling or maintaining operating
reserves of energy, raw materials, and key components, means
that a disruption or slowing of the flow of almost any item can
have widespread implications for the overall market and
national economy''.</DELETED>
<DELETED> (8) Significant enhancements can be achieved by
applying a layered approach to supply chain security, though
such layers must be developed in a coordinated fashion. Current
supply chain security programs within the Federal government
have been independently operated, often falling short of gains
which could be made had coordination taken place.</DELETED>
<DELETED> (9) In a May 26, 2005, hearing of the Permanent
Subcommittee on Investigations of the Committee on Homeland
Security and Governmental Affairs of the Senate, key concerns
with the Department's supply chain security programs were
noted, including--</DELETED>
<DELETED> (A) only 17.5 percent of the cargo that
the Bureau of Customs and Border Protection had
identified as high-risk is inspected
overseas;</DELETED>
<DELETED> (B) equipment, such as radiation detection
devices and nonintrusive imaging machines, used
overseas for inspections are untested and of unknown
quality;</DELETED>
<DELETED> (C) the Bureau of Customs and Border
Protection has failed to develop performance measures
for the Container Security Initiative that would
validate CSI port designations and justify the
deployment of personnel overseas;</DELETED>
<DELETED> (D) the lack of such performance measures
and an assessment for staffing allocations has lead to
some CSI ports being overstaffed while others are
inadequately staffed;</DELETED>
<DELETED> (E) substantial benefits including fewer
inspections are provided to importers enrolled in the
C-TPAT program without a thorough review or validation
of their supply chain security profiles; and</DELETED>
<DELETED> (F) the validation procedures and
requirements are not sufficiently rigorous to ensure
the C-TPAT member's security procedures are
adequate.</DELETED>
<DELETED> (10) The statement of managers accompanying the
conference report on the Department of Homeland Security
Appropriations Act, 2005 (Public Law 108-334) directed the
Under Secretary for Border and Transportation Security to
``submit a report to the Congress no later than February 8,
2005, which identified: (1) the steps the Department has taken
to date to enhance shipping container security, (2) the
resources that have been devoted to shipping container security
in prior fiscal years and the proposed resources to continue
this security, (3) the results of on-going projects, such as
Operation Safe Commerce, CSI, C-TPAT and others, (4) which
departmental entity has primary responsibility for implementing
the needed changes, and (5) the steps the entity with primary
responsibility will take to implement these changes, including
a specific schedule for the development and issuance of
standards, policies, procedures, or regulations.''. The
statement of managers accompanying the conference report on the
Department of Homeland Security Appropriations Act, 2006
(Public Law 109-90) directed the Department of Homeland
Security to conduct a new review regarding cargo container
security, stating ``on June 9, 2005, the Department submitted a
report on cargo container security which was 4 months overdue
and did not meet the needs outlined in the statement of
managers accompanying the conference report on the Department
of Homeland Security Appropriations Act, 2005 (Public Law 108-
334).''.</DELETED>
<DELETED> (11) While it is impossible to completely remove
the risk of terrorist attacks, security measures in the
transport sector designed to counter terrorism can add
certainty and stability to the global economy, raise investor
confidence, and facilitate trade. Some counterterrorism costs
are integral to the price that must be paid to protect society.
However, counter-terrorism measures can also present an
opportunity to find and agree on measures that combine the
imperative to fight terrorism with the possibility of increased
efficiency in the system. These efficiency gains are maximized
when all nations adopt them.</DELETED>
<DELETED> (12) The World Customs Organization has taken a
positive step in furtherance of international supply chain
security in publishing the Framework of Standards to Secure and
Facilitate Global Trade, which outlines a set of minimum
standards designed to--</DELETED>
<DELETED> (A) establish standards for security and
trade facilitation;</DELETED>
<DELETED> (B) enable integrated supply chain
management;</DELETED>
<DELETED> (C) enhance the capabilities of customs
administrations; and</DELETED>
<DELETED> (D) promote cooperation between the
customs and business communities.</DELETED>
<DELETED> (13) The shipping industry has a responsibility to
monitor, self-assess, and report on the risks associated with
goods under their control or use. The public sector must offer
incentives for companies to invest in security in order to
promote information sharing and other public-benefit
outcomes.</DELETED>
<DELETED> (14) Increasing the transparency of the supply
chain will assist in mitigating the impact of an incident by
allowing for targeted shutdown of the international supply
chain and expedited restoration of commercial
traffic.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Automated targeting system.--The term
``Automated Targeting System'' means the system established by
the Bureau of Customs and Border Protection to assess imports
and target those imports which pose a high risk of containing
contraband.</DELETED>
<DELETED> (2) Container.--The term ``container'' has the
meaning given the term in the International Convention for Safe
Containers, with annexes, done at Geneva December 2, 1972 (29
UST 3707).</DELETED>
<DELETED> (3) Container security device.--The term
``container security device'' means a device or system to track
and monitor containers for, and secure them against, tampering
or compromise throughout the international supply
chain.</DELETED>
<DELETED> (4) Container security initiative; csi.--The terms
``Container Security Initiative'' and ``CSI'' mean the program
authorized under section 8 to identify and examine maritime
containers that pose a risk for terrorism at foreign ports
before they are shipped to the United States.</DELETED>
<DELETED> (5) Customs-trade partnership against terrorism;
c-tpat.--The terms ``Customs-Trade Partnership Against
Terrorism'' and ``C-TPAT'' mean the voluntary program
authorized under section 9 to strengthen and improve the
overall security of the international supply chain and United
States border security.</DELETED>
<DELETED> (6) Department.--The term ``Department'' means the
Department of Homeland Security.</DELETED>
<DELETED> (7) Examination.--The term ``examination'' means
an inspection of cargo to detect the presence of misdeclared,
restricted, or prohibited items, including an inspection using
nonintrusive imaging and detection technology.</DELETED>
<DELETED> (8) Greenlane.--The term ``GreenLane'' refers to
the third tier of C-TPAT, that offers additional benefits to
validated C-TPAT participants that demonstrate a sustained
commitment beyond the minimum requirements for participation in
C-TPAT.</DELETED>
<DELETED> (9) Inspection.--The term ``inspection'' means the
comprehensive process used by the Bureau of Customs and Border
Protection for assessing goods entering the United States to
appraise them for duty purposes, to detect the presence of
restricted or prohibited items, and to ensure compliance with
all applicable laws. This process may include screening,
conducting an examination, or conducting a search.</DELETED>
<DELETED> (10) International supply chain.--The term
``international supply chain'' means the end-to-end process for
shipping goods from a point of origin overseas to the United
States.</DELETED>
<DELETED> (11) Operation safe commerce.--The term
``Operation Safe Commerce'' means the research, development,
test, and evaluation grant program that brings together private
sector shareholders, port officials, and Federal, State, and
local representatives to analyze existing security procedures
for cargo and develop new security protocols that have the
potential to increase the security of cargo shipments by
monitoring the movement and integrity of cargo through the
international supply chain.</DELETED>
<DELETED> (12) Point of origin.--The term ``point of
origin'', in the case of goods, means the point at which such
goods are assembled into the smallest exterior packaging unit
for movement through the international supply chain.</DELETED>
<DELETED> (13) Screening.--The term ``screening'' means a
visual or automated review of information about goods,
including manifest or entry documentation accompanying a
shipment being imported into the United States, to determine or
assess the threat of such cargo.</DELETED>
<DELETED> (14) Search.--The term ``search'' means an
intrusive examination in which a container is opened and its
contents are de-vanned and visually inspected by inspectional
personnel for the presence of misdeclared, restricted, or
prohibited items.</DELETED>
<DELETED> (15) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.</DELETED>
<DELETED> (16) Smallest exterior packaging unit.--The term
``smallest exterior packaging unit'' has the meaning given such
term in section 4.7a of title 19, Code of Federal Regulations
(as in effect on the date of enactment of this Act).</DELETED>
<DELETED> (17) Supply chain visibility procedure.--The term
``supply chain visibility procedure'' means a system or process
capable of tracking goods at the smallest exterior packaging
unit level from their point of origin to the point of loading
into a container entering the international supply
chain.</DELETED>
<DELETED> (18) Transportation security incident.--The term
``transportation security incident'' has the meaning given such
term in section 70101(6) of title 46, United States
Code.</DELETED>
<DELETED>SEC. 4. STRATEGY.</DELETED>
<DELETED> (a) Strategic Plan.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in consultation
with appropriate Federal, State, local, and tribal government
agencies and private sector stakeholders responsible for
security matters that affect or relate to the movement of
containers through the international supply chain, shall submit
a comprehensive strategic plan to enhance international supply
chain security for all modes of transportation by which
containers arrive in, depart from, or move through seaports of
the United States to--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (B) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (C) the Committee on Homeland Security of
the House of Representatives; and</DELETED>
<DELETED> (D) the Committee on Appropriations of the
House of Representatives.</DELETED>
<DELETED> (2) Content.--The strategic plan submitted under
paragraph (1) shall--</DELETED>
<DELETED> (A) clarify and delineate the roles,
responsibilities, and authorities of Federal, State,
local, and tribal government agencies and private
sector stakeholders that relate to the security of the
movement of containers through the international supply
chain;</DELETED>
<DELETED> (B) provide measurable goals, including
objectives, mechanisms, and a schedule, for furthering
the security of commercial operations from point of
origin to point of destination;</DELETED>
<DELETED> (C) build on available resources and
consider costs and benefits;</DELETED>
<DELETED> (D) identify mandatory, baseline security
goals, and the minimum container security standards and
procedures described in section 6;</DELETED>
<DELETED> (E) provide incentives for additional
voluntary measures to enhance cargo security, as
determined by the Secretary and under the GreenLane
Program under section 10;</DELETED>
<DELETED> (F) include a process for sharing
intelligence and information with private sector
stakeholders to assist in their security
efforts;</DELETED>
<DELETED> (G) identify a framework for prudent and
measured response in the event of a transportation
security incident involving the international supply
chain;</DELETED>
<DELETED> (H) provide a plan for the expeditious
resumption of the flow of legitimate trade in
accordance with paragraph (3);</DELETED>
<DELETED> (I) focus on the secure movement of
containerized cargo through the international supply
chain; and</DELETED>
<DELETED> (J) expand upon and relate to existing
strategies and plans, including the National Strategy
for Maritime Security.</DELETED>
<DELETED> (3) Resumption of trade.--</DELETED>
<DELETED> (A) In general.--The Secretary shall
develop protocols for the resumption of trade in the
event of a transportation security incident that
necessitates the suspension of trade through
contingency and continuity planning that ensure trade
lanes are restored as quickly as possible.</DELETED>
<DELETED> (B) Preferences.--In reestablishing the
flow of cargo through ports of entry in the United
States after a transportation security incident, the
Secretary shall give preference to vessels--</DELETED>
<DELETED> (i) having a vessel security plan
approved or accepted under section 70103(c) of
title 46, United States Code;</DELETED>
<DELETED> (ii) entering a port of entry
directly from a foreign port designated under
CSI or from another foreign port, as determined
by the Secretary;</DELETED>
<DELETED> (iii) operated by validated C-TPAT
participants; and</DELETED>
<DELETED> (iv) carrying GreenLane designated
cargo.</DELETED>
<DELETED> (4) Update.--Not less than 3 years after the
strategic plan is submitted under paragraph (1), the Secretary
shall submit an update of the strategic plan to the Committee
on Homeland Security and Governmental Affairs of the Senate,
the Committee on Homeland Security of the House of
Representatives, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives.</DELETED>
<DELETED> (5) Consultations.--Consultations described in
paragraph (1) shall focus on--</DELETED>
<DELETED> (A) designing measurable goals, including
objectives, mechanisms, and a schedule, for furthering
the security of the international supply
chain;</DELETED>
<DELETED> (B) identifying and addressing gaps in
capabilities, responsibilities, or
authorities;</DELETED>
<DELETED> (C) identifying and streamlining
unnecessary overlaps in capabilities, responsibilities,
or authorities; and</DELETED>
<DELETED> (D) identifying and making recommendations
regarding legislative, regulatory, and organizational
changes necessary to improve coordination among the
entities or to enhance the security of the
international supply chain.</DELETED>
<DELETED> (6) Utilization of advisory committees.--As part
of the consultative process, the Secretary is encouraged to
utilize the Homeland Security Advisory Committee, the National
Maritime Security Advisory Committee, and the Commercial
Operations Advisory Committee to review, as necessary, the
draft strategic plan and any subsequent update to that
plan.</DELETED>
<DELETED> (7) International standards and practices.--In
furtherance of the strategic plan, the Secretary is encouraged
to consider proposed or established standards and practices of
foreign governments and international organizations, including
the International Maritime Organization, the World Customs
Organization, the International Labor Organization, and the
International Organization for Standardization, as appropriate,
to establish standards and best practices for the security of
containers moving through the international supply
chain.</DELETED>
<DELETED> (b) Improvements to Automated Targeting System.--
</DELETED>
<DELETED> (1) Plan.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall develop and
implement a plan for improving the Automated Targeting System
for identifying high-risk containers moving through the
international supply chain.</DELETED>
<DELETED> (2) Contents.--</DELETED>
<DELETED> (A) Treatment of recommendations.--The
Secretary shall include in the plan required under
paragraph (1) a schedule for completing all outstanding
corrective actions recommended by the Comptroller
General of the United States, the Inspector General of
the Department of the Treasury, and the Inspector
General of the Department with respect to the operation
of the Automated Targeting System.</DELETED>
<DELETED> (B) Information submissions.--In
developing the plan under paragraph (1), the Secretary
shall consider the cost, benefit, and feasibility of--
</DELETED>
<DELETED> (i) requiring additional
nonmanifest documentation for each container,
including purchase orders, shipper's letters of
instruction, commercial invoices, letters of
credit, certificates of origin, advance
shipping notices, vessel stow plans, and
certain container status messages, when
created;</DELETED>
<DELETED> (ii) reducing the time period
allowed by law for revisions to a container
cargo manifest;</DELETED>
<DELETED> (iii) reducing the time period
allowed by law for submission of entry data for
vessel or cargo; and</DELETED>
<DELETED> (iv) such other actions the
Secretary considers beneficial for improving
the information relied upon for the Automated
Targeting System and any other targeting
systems in furthering the security and
integrity of the international supply
chain.</DELETED>
<DELETED> (C) Outside review.--The Secretary shall
conduct, through an independent panel, a review of the
Automated Targeting System. The results of this review
shall be included in the plan submitted under paragraph
(1).</DELETED>
<DELETED> (D) Smart system.--The Secretary shall
consider future iterations of the Automated Targeting
System, which would incorporate smart features, such as
more complex algorithms and real-time intelligence,
instead of relying solely on rule sets that are
periodically updated.</DELETED>
<DELETED> (3) New or expanded information submissions.--In
considering any new or expanded information submission
requirements, the Secretary shall consult with stakeholders and
identify the need for such information, and the appropriate
timing of its submission, in the plan submitted under paragraph
(1).</DELETED>
<DELETED> (4) Secure transmission of certain information.--
All information required by the Department from supply chain
partners shall be transmitted in a secure fashion, as
determined by the Secretary, so as to protect the information
from unauthorized access.</DELETED>
<DELETED> (c) Uniform Data for Government-Wide Usage.--</DELETED>
<DELETED> (1) Establishment.--The Secretary, in conjunction
with representatives from the Department, the Department of
Transportation, the Department of Health and Human Services,
the Department of Agriculture, the Department of Commerce, the
Department of State, the Department of Defense, the Department
of Justice, the Department of the Interior, and other
appropriate Federal agencies, as determined by the Secretary,
shall establish and implement a single, uniform data system for
the electronic collection, dissemination, and sharing of import
and export information to increase the efficiency of data
submission and the security of such data related to border
security, trade, and public health and safety of international
cargoes (referred to in this subsection as the ``International
Trade Data System'').</DELETED>
<DELETED> (2) Interagency steering group.--The Deputy
Director for Management of the Office of Management and Budget
(referred to in this subsection as the ``Deputy Director''),
pursuant to responsibilities under chapter 36 of title 44,
United States Code, shall establish an executive level,
interdepartmental steering group (referred to in this
subsection as the ``Interdepartmental Steering Group''),
comprised of representatives of the departments listed in
paragraph (1), to coordinate, the establishment, investment in,
and implementation of the International Trade Data
System.</DELETED>
<DELETED> (3) Implementation.--Not later than 1 year after
the date of enactment of this Act, the Deputy Director, through
the Interdepartmental Steering Group, shall complete the
development of the harmonized data set of import and export
information submitted to agencies with a presence at the
international border of the United States.</DELETED>
<DELETED> (4) Private sector consultation.--The Secretary
and the Interdepartmental Steering Group shall consult with
private sector stakeholders in developing the uniform data
submission requirements, procedures, and schedules.</DELETED>
<DELETED> (5) Joint inspections procedures.--The Deputy
Director, through the Interdepartmental Steering Group, shall
develop plans for longer term uses of the International Trade
Data System, including facilitating joint cargo inspections by
multiple Federal agencies to meet their respective
requirements.</DELETED>
<DELETED>SEC. 5. UNDER SECRETARY FOR POLICY.</DELETED>
<DELETED> (a) Under Secretary for Policy.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended--</DELETED>
<DELETED> (1) by redesignating title VI and section 601 as
title XVIII and section 1801, respectively, and transferring
that title to the end of the Act; and</DELETED>
<DELETED> (2) by inserting after title V the
following:</DELETED>
<DELETED>``TITLE VI--UNDER SECRETARY FOR POLICY</DELETED>
<DELETED>``SEC. 601. UNDER SECRETARY FOR POLICY.</DELETED>
<DELETED> ``(a) In General.--There shall be in the Department an
Under Secretary for Policy, who shall be appointed by the President, by
and with the advice and consent of the Senate.</DELETED>
<DELETED> ``(b) Responsibilities.--Subject to the direction,
authority, and control of the Secretary, the responsibilities of the
Under Secretary for Policy shall be as follows:</DELETED>
<DELETED> ``(1) Policy.--</DELETED>
<DELETED> ``(A) To serve as the principal policy
advisor to the Secretary.</DELETED>
<DELETED> ``(B) To provide overall direction and
supervision for policy development to programs,
offices, and activities of the Department.</DELETED>
<DELETED> ``(C) To establish and direct a formal
policymaking process for the Department.</DELETED>
<DELETED> ``(D) To analyze, evaluate, and review
completed, ongoing, and proposed programs, to ensure
they are compatible with the Secretary's priorities,
strategic plans, and policies.</DELETED>
<DELETED> ``(2) Strategic planning.--</DELETED>
<DELETED> ``(A) To conduct long-range, strategic
planning for the Department.</DELETED>
<DELETED> ``(B) To prepare national and Department
strategies, as appropriate.</DELETED>
<DELETED> ``(C) To conduct net assessments of issues
facing the Department.</DELETED>
<DELETED> ``(D) To conduct reviews of the Department
to ensure the implementation of this
paragraph.</DELETED>
<DELETED> ``(3) International responsibilities.--</DELETED>
<DELETED> ``(A) To promote informational and
educational exchange with nations friendly to the
United States in order to promote sharing of best
practices and technologies relating to homeland
security, including--</DELETED>
<DELETED> ``(i) the exchange of information
on research and development on homeland
security technologies;</DELETED>
<DELETED> ``(ii) joint training exercises of
first responders; and</DELETED>
<DELETED> ``(iii) exchanging expertise and
information on terrorism prevention, response,
and crisis management.</DELETED>
<DELETED> ``(B) To identify areas for homeland
security informational and training exchange where the
United States has a demonstrated weakness and another
friendly nation or nations have a demonstrated
expertise.</DELETED>
<DELETED> ``(C) To plan and undertake international
conferences, exchange programs (including the exchange
of scientists, engineers, and other experts), and other
training activities.</DELETED>
<DELETED> ``(D) To manage international activities
within the Department in coordination with other
Federal officials with responsibility for
counterterrorism matters.</DELETED>
<DELETED> ``(4) Private sector.--</DELETED>
<DELETED> ``(A) To create and foster strategic
communications with the private sector to enhance the
primary mission of the Department to protect the
American homeland.</DELETED>
<DELETED> ``(B) To advise the Secretary on the
impact of the policies, regulations, processes, and
actions of the Department on the private
sector.</DELETED>
<DELETED> ``(C) To interface with other relevant
Federal agencies with homeland security missions to
assess the impact of the actions of such agencies on
the private sector.</DELETED>
<DELETED> ``(D) To create and manage private sector
advisory councils composed of representatives of
industries and associations designated by the
Secretary--</DELETED>
<DELETED> ``(i) to advise the Secretary on
private sector products, applications, and
solutions as they relate to homeland security
challenges; and</DELETED>
<DELETED> ``(ii) to advise the Secretary on
homeland security policies, regulations,
processes, and actions that affect the
participating industries and
associations.</DELETED>
<DELETED> ``(E) To work with Federal laboratories,
federally funded research and development centers,
other federally funded organizations, academia, and the
private sector to develop innovative approaches to
address homeland security challenges to produce and
deploy the best available technologies for homeland
security missions.</DELETED>
<DELETED> ``(F) To promote existing public-private
partnerships and develop new public-private
partnerships to provide for collaboration and mutual
support to address homeland security
challenges.</DELETED>
<DELETED> ``(G) To assist in the development and
promotion of private sector best practices to secure
critical infrastructure.</DELETED>
<DELETED> ``(H) To coordinate industry efforts, with
respect to functions of the Department, to identify
private sector resources and capabilities that could be
effective in supplementing Federal, State, and local
government agency efforts to prevent or respond to a
terrorist attack.</DELETED>
<DELETED> ``(I) To coordinate among Department
operating entities and with the Assistant Secretary for
Trade Development of the Department of Commerce on
issues related to the travel and tourism
industries.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendments.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--</DELETED>
<DELETED> (1) in section 103--</DELETED>
<DELETED> (A) by redesignating paragraphs (6)
through (10) as paragraphs (7) through (11),
respectively; and</DELETED>
<DELETED> (B) by inserting after paragraph (5) the
following:</DELETED>
<DELETED> ``(6) An Under Secretary for Policy.'';</DELETED>
<DELETED> (2) by striking section 879; and</DELETED>
<DELETED> (3) in the table of contents--</DELETED>
<DELETED> (A) by redesignating the items relating to
title VI and section 601 as items relating to title
XVIII and section 1801, respectively, and transferring
the items relating to that title and section to the end
of the table of contents;</DELETED>
<DELETED> (B) by striking the item relating to
section 879; and</DELETED>
<DELETED> (C) by inserting before the item relating
to title VII the following:</DELETED>
<DELETED>``TITLE VI--UNDER SECRETARY FOR POLICY
<DELETED>``Sec. 601. Under Secretary for Policy.''.
<DELETED> (c) Office of Cargo Security Policy.--Subtitle C of title
IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is
amended by adding at the end the following:</DELETED>
<DELETED>``SEC. 431. OFFICE OF CARGO SECURITY POLICY.</DELETED>
<DELETED> ``(a) Establishment.--There is established within the
Department an Office of Cargo Security Policy (referred to in this
section as the `Office').</DELETED>
<DELETED> ``(b) Purpose.--The Office shall--</DELETED>
<DELETED> ``(1) coordinate all Department policies and
programs relating to cargo security; and</DELETED>
<DELETED> ``(2) consult with stakeholders and work with
other Federal agencies to establish standards and regulations
and to promote best practices.</DELETED>
<DELETED> ``(c) Director.--</DELETED>
<DELETED> ``(1) Appointment.--The Office shall be headed by
a Director, who shall--</DELETED>
<DELETED> ``(A) be appointed by the Secretary;
and</DELETED>
<DELETED> ``(B) report to the Under Secretary for
Policy.</DELETED>
<DELETED> ``(2) Responsibilities.--The Director shall--
</DELETED>
<DELETED> ``(A) advise the Secretary and the Under
Secretary for Policy regarding all aspects of
Department programs relating to cargo
security;</DELETED>
<DELETED> ``(B) develop Department-wide policies
regarding cargo security;</DELETED>
<DELETED> ``(C) coordinate the cargo security
policies and programs of the Department with other
executive agencies; and</DELETED>
<DELETED> ``(D) coordinate all programs of the
Department relating to cargo security.''.</DELETED>
<DELETED> (d) Designation of Liaison Office of Department of
State.--The Secretary of State shall designate a liaison office within
the Department of State to assist the Secretary, as appropriate in
negotiating cargo security related international agreements; in
conducting activities under this Act; and other responsibilities as
assigned by the Secretary of State.</DELETED>
<DELETED>SEC. 6. CONTAINER SECURITY STANDARDS AND PROCEDURES.</DELETED>
<DELETED> (a) Establishment.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish,
by regulation, minimum standards and procedures for securing
containers in transit to an importer in the United
States.</DELETED>
<DELETED> (2) Information sources.--The Secretary shall use
information from C-TPAT, Operation Safe Commerce, any container
security program of the Directorate of Science and Technology,
and other security initiatives to establish the standards and
procedures described in paragraph (1). Such standards may
address operation, technology use, and performance.</DELETED>
<DELETED> (3) Deadline for enforcement.--Not later than 2
years after the establishment of standards and procedures under
subsection (a), all containers bound for ports of entry in the
United States shall meet such standards and
procedures.</DELETED>
<DELETED> (b) Review and Enhancement.--The Secretary shall
regularly--</DELETED>
<DELETED> (1) review the standards and procedures
established pursuant to subsection (a); and</DELETED>
<DELETED> (2) enhance the security standards and procedures,
as appropriate, based on tests of technologies as they become
commercially available to detect container intrusion and the
highest consequence threats, particularly weapons of mass
destruction, in accordance with section 11.</DELETED>
<DELETED> (c) International Cargo Security Standards.--The
Secretary, in consultation with the Secretary of State, is encouraged
to promote and establish international standards for the security of
containers moving through the international supply chain with foreign
governments and international organizations, including the
International Maritime Organization and the World Customs
Organization.</DELETED>
<DELETED>SEC. 7. RADIATION DETECTION AND RADIATION SAFETY.</DELETED>
<DELETED> (a) Examining Containers.--Not later than 1 year after the
date of enactment of this Act, all containers entering the United
States shall be examined for radiation.</DELETED>
<DELETED> (b) Strategy.--</DELETED>
<DELETED> (1) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall submit a
strategy for the deployment of radiation detection equipment at
all ports of entry to--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (B) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (C) the Committee on Homeland Security of
the House of Representatives; and</DELETED>
<DELETED> (D) the Committee on Appropriations of the
House of Representatives.</DELETED>
<DELETED> (2) Contents.--The strategy submitted under
paragraph (1) shall include--</DELETED>
<DELETED> (A) the type of equipment to be
used;</DELETED>
<DELETED> (B) standard operating procedures for
examining containers with such equipment;</DELETED>
<DELETED> (C) a plan detailing the environmental
health and safety impacts of nonintrusive inspection
technology;</DELETED>
<DELETED> (D) the Department policy for the using
nonintrusive inspection equipment; and</DELETED>
<DELETED> (E) a classified annex that details plans
for covert testing.</DELETED>
<DELETED> (c) Radiation Safety.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall submit a plan, to
the Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Appropriations of the Senate, the Committee on
Homeland Security of the House of Representatives, and the Committee on
Appropriations of the House of Representatives, that--</DELETED>
<DELETED> (1) details the health and safety impacts of
nonintrusive inspection technology; and</DELETED>
<DELETED> (2) describes the policy of the Bureau of Customs
and Border Protection for using nonintrusive inspection
equipment.</DELETED>
<DELETED>SEC. 8. CONTAINER SECURITY INITIATIVE.</DELETED>
<DELETED> (a) Authorization.--The Secretary is authorized to
establish and implement a program (to be known as the ``Container
Security Initiative'' or ``CSI'') to identify and examine maritime
containers that pose a risk for terrorism at foreign ports before the
containers are shipped to the United States.</DELETED>
<DELETED> (b) Assessment.--Before the Secretary designates any
foreign port under CSI, the Secretary, in coordination with the
Secretary of State and other Federal officials, as appropriate, shall
conduct an assessment of the port to evaluate costs, benefits, and
other factors associated with designation, including--</DELETED>
<DELETED> (1) the level of risk for the potential compromise
of containers by terrorists or terrorist weapons;</DELETED>
<DELETED> (2) the economic impact of cargo traveling from
the foreign port in terms of trade value and volume;</DELETED>
<DELETED> (3) the results of the Coast Guard assessments
conducted pursuant to section 70108 of title 46, United States
Code;</DELETED>
<DELETED> (4) the capabilities and level of cooperation
expected of the intended host country;</DELETED>
<DELETED> (5) the potential for validation of security
practices by the Department, directly or through certified
third parties within the country in which the foreign port is
located;</DELETED>
<DELETED> (6) the potential for amending trade agreements to
reflect participation in CSI; and</DELETED>
<DELETED> (7) the potential for C-TPAT and GreenLane cargo
traveling from the foreign port.</DELETED>
<DELETED> (c) Annual Report.--Not later than March 1 of each year in
which the Secretary proposes to designate a foreign port under CSI, the
Secretary shall submit a report, in classified or unclassified form,
detailing the assessment of each foreign port the Secretary is
considering designating under CSI, to--</DELETED>
<DELETED> (1) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (2) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (3) the Committee on Homeland Security of the
House of Representatives; and</DELETED>
<DELETED> (4) the Committee on Appropriations of the House
of Representatives.</DELETED>
<DELETED> (d) Current CSI Ports.--The report under subsection (c)
shall include an annual assessment justifying the continuance of each
port designated under CSI as of the date of enactment of this
Act.</DELETED>
<DELETED> (e) Designation of New Ports.--The Secretary shall not
designate a foreign port under CSI unless the Secretary has completed
the assessment required in subsection (b) for that port and submitted a
report under subsection (c) that includes that port.</DELETED>
<DELETED> (f) Negotiations.--The Secretary of State, in conjunction
with the United States Trade Representative, shall enter into trade
negotiations with the government of each foreign country with a port
designated under CSI, as appropriate, to ensure full compliance with
the requirements under CSI.</DELETED>
<DELETED> (g) Inspections.--</DELETED>
<DELETED> (1) Requirements and procedures.--The Secretary
shall--</DELETED>
<DELETED> (A) establish technical capability
requirements and standard operating procedures for the
use of nonintrusive inspection and radiation detection
equipment in conjunction with CSI;</DELETED>
<DELETED> (B) require each port designated under CSI
to operate the equipment in accordance with the
requirements and procedures established under
subparagraph (A); and</DELETED>
<DELETED> (C) continually monitor the technologies,
processes, and techniques used to inspect cargo at
ports designated under CSI.</DELETED>
<DELETED> (2) Foreign assistance.--</DELETED>
<DELETED> (A) In general.--The Secretary, in
coordination with the Secretary of State, the Secretary
of Energy, and other Federal agencies, shall identify
foreign assistance programs that could facilitate the
implementation of cargo security antiterrorism measures
at ports designated under CSI and foreign ports not
designated under CSI that lack effective antiterrorism
measures.</DELETED>
<DELETED> (B) Acquisition.--The Secretary may lease
or loan nonintrusive inspection and radiation detection
equipment for containers to the government of a foreign
country for use in ports participating in
CSI.</DELETED>
<DELETED> (C) Training.--The Secretary may provide
training on the use of equipment to foreign personnel
at each port designated under CSI.</DELETED>
<DELETED> (h) Personnel.--The Secretary shall--</DELETED>
<DELETED> (1) annually assess the personnel needs at each
port designated under CSI;</DELETED>
<DELETED> (2) deploy personnel in accordance with the
assessment under paragraph (1); and</DELETED>
<DELETED> (3) consider the potential for remote targeting in
decreasing the number of personnel.</DELETED>
<DELETED>SEC. 9. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Authorization.--The Secretary is authorized to
establish a voluntary program (to be known as the ``Customs-
Trade Partnership Against Terrorism'' or ``C-TPAT'') to
strengthen and improve the overall security of the
international supply chain and United States border
security.</DELETED>
<DELETED> (2) Correction of deficiencies.--The Secretary
shall correct the deficiencies of the C-TPAT program that were
identified in the Government Accountability Office report
entitled ``CARGO SECURITY: Partnership Program Grants Importers
Reduced Scrutiny with Limited Assurance of Improved Security''
(GAO-05-404).</DELETED>
<DELETED> (3) Minimum requirements.--The Secretary shall
promulgate regulations that describe the minimum requirements,
program tiers, and program benefits of C-TPAT.</DELETED>
<DELETED> (b) Participation.--Importers, brokers, air, sea, land
carriers, and other entities in the international supply chain and
intermodal transportation system are eligible to apply to voluntarily
enter into partnerships with the Department.</DELETED>
<DELETED> (c) Minimum Requirements.--An applicant seeking to
participate in C-TPAT shall--</DELETED>
<DELETED> (1) demonstrate a history of moving commerce in
the international supply chain;</DELETED>
<DELETED> (2) conduct an assessment of its supply chains
based upon security criteria established by the Secretary,
including--</DELETED>
<DELETED> (A) business partner
requirements;</DELETED>
<DELETED> (B) container security;</DELETED>
<DELETED> (C) physical security and access
controls;</DELETED>
<DELETED> (D) personnel security;</DELETED>
<DELETED> (E) procedural security;</DELETED>
<DELETED> (F) security training and threat
awareness; and</DELETED>
<DELETED> (G) information technology
security;</DELETED>
<DELETED> (3) implement and maintain security measures and
supply chain security practices meeting security criteria;
and</DELETED>
<DELETED> (4) meet all other requirements established by the
Secretary.</DELETED>
<DELETED> (d) Certification.--</DELETED>
<DELETED> (1) Guidelines.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall update
guidelines for certifying a participant's security measures and
supply chain security practices.</DELETED>
<DELETED> (2) Tier one benefits.--The Secretary may offer
limited benefits to C-TPAT participants whose security measures
and supply chain security practices have been certified in
accordance with the guidelines established pursuant to
paragraph (1). Such benefits may not include reduced scores in
the Automated Targeting System.</DELETED>
<DELETED> (e) Validation.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after a
participant has been certified under subsection (d)(1), the
Secretary shall validate, directly or through certified third
parties, the security measures and supply chain security
practices of that participant. Such validation shall include a
visit to foreign locations utilized by the C-TPAT participant
as part of the supply chain.</DELETED>
<DELETED> (2) Guidelines.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall update
guidelines for validating a participant's security measures and
supply chain security practices.</DELETED>
<DELETED> (3) Consequences for failed validation.--If a C-
TPAT participant's security measures and supply chain security
practices fail to meet validation requirements--</DELETED>
<DELETED> (A) the participant may not receive the
benefits of validation; and</DELETED>
<DELETED> (B) the Commissioner of the Bureau of
Customs and Border Protection may deny the participant
all benefits under C-TPAT.</DELETED>
<DELETED> (4) Right of appeal.--A C-TPAT participant
described under paragraph (3) may--</DELETED>
<DELETED> (A) file an appeal with the Secretary of
the Commissioner's decision under paragraph (3)(B) to
deny benefits under C-TPAT; and</DELETED>
<DELETED> (B) request revalidation.</DELETED>
<DELETED> (5) Tier two benefits.--The Secretary shall extend
benefits to each participant who has been validated under this
subsection, which may include--</DELETED>
<DELETED> (A) reduced searches;</DELETED>
<DELETED> (B) priority processing for searches;
and</DELETED>
<DELETED> (C) reduced scores in the Automated
Targeting System.</DELETED>
<DELETED> (f) Revalidation.--The Secretary shall establish a process
for revalidating C-TPAT participants. Such revalidation shall occur not
less frequently than once during every 3-year period following
validation.</DELETED>
<DELETED>SEC. 10. GREENLANE DESIGNATION.</DELETED>
<DELETED> (a) Establishment.--The Secretary shall establish a third
tier of C-TPAT (referred to in this section as the ``GreenLane'') that
offers additional benefits to validated C-TPAT participants that
demonstrate a sustained commitment beyond the minimum requirements for
participation in C-TPAT.</DELETED>
<DELETED> (b) Basic Requirements.--Designated GreenLane participants
shall ensure that--</DELETED>
<DELETED> (1) entry data is submitted on shipments before
loading;</DELETED>
<DELETED> (2) cargo is loaded at a port designated under
CSI, or other foreign port as determined by the Secretary, for
transit to the United States;</DELETED>
<DELETED> (3) cargo is loaded on a vessel with a vessel
security plan approved or accepted under section 70103(c) of
title 46, United States Code;</DELETED>
<DELETED> (4) cargo is made available for screening and
examination before loading using technologies, processes or
techniques, as determined by the Secretary;</DELETED>
<DELETED> (5) the supply chain visibility procedures
established by the Secretary are utilized;</DELETED>
<DELETED> (6) container security devices meeting the
standards and procedures established by the Secretary are
utilized;</DELETED>
<DELETED> (7) cargo complies with additional security
criteria established by the Secretary beyond the minimum
requirements for C-TPAT participation under section 9(c),
particularly in the area of access controls; and</DELETED>
<DELETED> (8) cargo complies with any other requirements
determined by the Secretary.</DELETED>
<DELETED> (c) Containers Transhipped Through Canada or Mexico Under
GreenLane.--Containers entering the United States under GreenLane at a
land border port of entry shall undergo the equivalent, appropriate
level of inspection and screening for potential compromise by
terrorists or terrorist weapons as containers arriving at a United
States port of entry from a foreign port.</DELETED>
<DELETED> (d) Consequences for Lack of Compliance.--</DELETED>
<DELETED> (1) In general.--Any participant whose security
measures and supply chain security practices have been found by
the Secretary to be out of compliance with any requirements of
the GreenLane program shall be denied all benefits under
GreenLane.</DELETED>
<DELETED> (2) Right of appeal.--GreenLane participants under
paragraph (1) shall have the right to appeal denial of benefits
decisions to the Secretary and request redesignation under
GreenLane.</DELETED>
<DELETED> (e) Non-Containerized Cargo.--The Secretary may consider
the potential for participation in the GreenLane Program by importers
of non-containerized cargoes that otherwise meet the requirements under
this section.</DELETED>
<DELETED> (f) Overseas Screening and Examinations.--Not later than
180 days after the date of enactment of this Act, the Secretary shall
submit a strategy for screening and examining GreenLane containers
overseas before they are loaded on to vessels destined for the United
States to--</DELETED>
<DELETED> (1) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (2) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (3) the Committee on Homeland Security of the
House of Representatives; and</DELETED>
<DELETED> (4) the Committee on Appropriations of the House
of Representatives.</DELETED>
<DELETED> (g) Rulemaking.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in consultation
with private sector stakeholders, shall promulgate regulations
that establish--</DELETED>
<DELETED> (A) requirements for supply chain
visibility procedures;</DELETED>
<DELETED> (B) performance standards for container
security devices and protocols for their use;</DELETED>
<DELETED> (C) procedures for overseas screening and
examination of GreenLane containers; and</DELETED>
<DELETED> (D) any other GreenLane Program
requirements that the Secretary considers appropriate,
including requirements building upon security measures
and supply chain security best practices contained in
the C-TPAT minimum requirements set forth in section
9(c).</DELETED>
<DELETED> (2) Benefits.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in consultation
with the Commercial Operations Advisory Committee, shall
promulgate regulations providing benefits for participation in
the GreenLane Program, which may include--</DELETED>
<DELETED> (A) the expedited release of GreenLane
cargo into destination ports within the United States
during all threat levels designated by the Secretary or
the Commandant of the Coast Guard;</DELETED>
<DELETED> (B) reduced or eliminated bonding
requirements for GreenLane cargo;</DELETED>
<DELETED> (C) preference to vessels (as described in
section 4(e)(B));</DELETED>
<DELETED> (D) further reduced searches;</DELETED>
<DELETED> (E) priority processing for
searches;</DELETED>
<DELETED> (F) further reduced scores in the
Automated Targeting System; and</DELETED>
<DELETED> (G) streamlined billing of any customs
duties or fees.</DELETED>
<DELETED>SEC. 11. JOINT OPERATIONS CENTER.</DELETED>
<DELETED> (a) Establishment.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall establish joint operation
centers for maritime and cargo security to--</DELETED>
<DELETED> (1) enhance information sharing;</DELETED>
<DELETED> (2) facilitate day-to-day operational
coordination; and</DELETED>
<DELETED> (3) in the case of a transportation security
incident, facilitate incident management and
response.</DELETED>
<DELETED> (b) Organization.--At a minimum, a joint operations center
shall be colocated with the command center for each Coast Guard sector.
If a particular port is covered by a command center that is not located
at that port, the Secretary shall consider virtual connectivity to
maintain awareness of activities of that port and to provide other
agency participation in accordance with subsection (c).</DELETED>
<DELETED> (c) Participation.--The following entities shall
participate in each joint operations center for maritime and cargo
security:</DELETED>
<DELETED> (1) The United States Coast Guard.</DELETED>
<DELETED> (2) The Bureau of Customs and Border
Protection.</DELETED>
<DELETED> (3) The Bureau of Immigration and Customs
Enforcement.</DELETED>
<DELETED> (4) The Department of Defense, as
appropriate.</DELETED>
<DELETED> (5) The Federal Bureau of Investigation.</DELETED>
<DELETED> (6) Other Federal agencies with a presence at a
particular port, as appropriate, or as otherwise selected by
the Secretary.</DELETED>
<DELETED> (7) State, local, and international law
enforcement and first responder agencies responsible for the
port, as appropriate, or as otherwise selected by the
Secretary.</DELETED>
<DELETED> (8) Port authority representatives, maritime
exchanges, private sector stakeholders, and other entities
subject to an Area Maritime Security Plan, as selected by the
Secretary.</DELETED>
<DELETED> (d) Responsibilities.--Each joint operations center for
maritime and cargo security shall--</DELETED>
<DELETED> (1) assist, as appropriate, in the implementation
of maritime transportation security plans developed under
section 70103 of title 46, United States Code;</DELETED>
<DELETED> (2) implement the transportation security incident
response plans required under section 70104 of such
title;</DELETED>
<DELETED> (3) carry out information sharing activities
consistent with those required under section 1016 of the
National Security Intelligence Reform Act of 2004 (6 U.S.C.
485) and the Homeland Security Information Sharing Act (6
U.S.C. 481 et seq.);</DELETED>
<DELETED> (4) conduct short- and long-range vessel tracking
under sections 70114 and 70115 of such title 46, United States
Code; and</DELETED>
<DELETED> (5) carry out such other responsibilities as
determined by the Secretary.</DELETED>
<DELETED> (e) Security Clearances.--The Secretary shall sponsor and
expedite individuals participating in the joint operations centers in
gaining or maintaining their security clearances. Through the Captain
of the Port, the Secretary may identify key individuals who should
participate. In addition, the port or other entities may appeal to the
Captain of the Port for sponsorship.</DELETED>
<DELETED> (f) Security Incidents.--During a transportation security
incident involving the port, the Coast Guard Captain of the Port
designated by the Commandant of the Coast Guard in each joint
operations center for maritime security shall act as the incident
commander, unless otherwise directed under the National Response
Plan.</DELETED>
<DELETED> (g) Implementation.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit an
implementation plan for this section to--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (B) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (C) the Committee on Homeland Security of
the House of Representatives; and</DELETED>
<DELETED> (D) the Committee on Appropriations of the
House of Representatives.</DELETED>
<DELETED> (2) Contents.--The report submitted under
paragraph (1) shall describe, for each joint operations
center--</DELETED>
<DELETED> (A) the location;</DELETED>
<DELETED> (B) the specific participating
entities;</DELETED>
<DELETED> (C) the implementation costs;
and</DELETED>
<DELETED> (D) the necessary resources for operation
and maintenance, including the cost-sharing
requirements for other agencies and
participants.</DELETED>
<DELETED>SEC. 12. RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION.</DELETED>
<DELETED> (a) Reauthorization of Homeland Security Science and
Technology Advisory Committee.--</DELETED>
<DELETED> (1) In general.--Section 311(j) of the Homeland
Security Act of 2002 (6 U.S.C. 191(j)) is amended by striking
``3 years after the effective date of this Act'' and inserting
``on December 31, 2008''.</DELETED>
<DELETED> (2) Effective date and application.--The amendment
made by paragraph (1) shall be effective as if enacted on the
date of enactment of the Homeland Security Act of
2002.</DELETED>
<DELETED> (3) Advisory committee.--The Under Secretary for
Science and Technology shall utilize the Homeland Security
Science and Technology Advisory Committee, as appropriate, to
provide outside expertise in advancing cargo security
technology.</DELETED>
<DELETED> (b) Duties of Secretary.--The Secretary shall--</DELETED>
<DELETED> (1) direct research, development, test, and
evaluation efforts in furtherance of maritime and cargo
security;</DELETED>
<DELETED> (2) encourage the ingenuity of the private sector
in developing and testing technologies and process innovations
in furtherance of these objectives; and</DELETED>
<DELETED> (3) evaluate such technologies.</DELETED>
<DELETED> (c) Coordination.--The Secretary, acting through the Under
Secretary for Science and Technology, in consultation with the Under
Secretary for Policy, the Director of Cargo Security Policy, and the
Chief Financial Officer, shall ensure that--</DELETED>
<DELETED> (1) research, development, test, and evaluation
efforts funded by the Department in furtherance of maritime and
cargo security are coordinated to avoid duplication of efforts;
and</DELETED>
<DELETED> (2) the results of such efforts are shared
throughout the Department, as appropriate.</DELETED>
<DELETED> (d) Operation Safe Commerce.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall initiate
grant projects, as part of Operation Safe Commerce, that--
</DELETED>
<DELETED> (A) integrate nonintrusive inspection and
radiation detection equipment with automatic
identification methods for containers, vessels, and
vehicles;</DELETED>
<DELETED> (B) test physical access control protocols
and technologies;</DELETED>
<DELETED> (C) create a data sharing network capable
of transmitting data required by entities participating
in the international supply chain from every intermodal
transfer point to the National Targeting Center of the
Department; and</DELETED>
<DELETED> (D) otherwise further maritime and cargo
security, as determined by the Secretary.</DELETED>
<DELETED> (2) Supply chain security for special container
and noncontainerized cargo.--The Secretary shall consider
demonstration projects that further the security of the
international supply chain for special container cargo,
including refrigerated containers, and noncontainerized cargo,
including roll-on/roll-off, break-bulk, liquid, and dry bulk
cargo.</DELETED>
<DELETED> (3) Annual report.--Not later than March 1 of each
year, the Secretary shall submit a report detailing the results
of Operation Safe Commerce to--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (B) the Committee on Homeland Security of
the House of Representatives;</DELETED>
<DELETED> (C) the Committee on Appropriations of the
Senate; and</DELETED>
<DELETED> (D) the Committee on Appropriations of the
House of Representatives.</DELETED>
<DELETED> (e) GreenLane Technology.--The Secretary shall, not less
frequently than once every 2 years--</DELETED>
<DELETED> (1) review the technology requirements and
standards established under section 10; and</DELETED>
<DELETED> (2) test future supply chain visibility
procedures, container security devices, and other systems as
they become commercially available to track and secure
containers and the smallest exterior packaging units loaded
into containers.</DELETED>
<DELETED>SEC. 13. PORT SECURITY GRANT PROGRAM.</DELETED>
<DELETED> (a) Grants Authorized.--The Secretary, acting through the
Office for Domestic Preparedness, shall establish a grant program to
fairly and equitably allocate Federal financial assistance--</DELETED>
<DELETED> (1) to help implement Area Maritime Transportation
Security plans required under section 70103(b) of title 46,
United States Code;</DELETED>
<DELETED> (2) to correct port security vulnerabilities
identified through vulnerability assessments approved by the
Secretary; or</DELETED>
<DELETED> (3) to non-Federal projects contributing to the
overall security of an individual port or the system of ports
in the United States, as determined by the Secretary.</DELETED>
<DELETED> (b) Grantee Selection.--In awarding grants under this Act,
the Secretary shall--</DELETED>
<DELETED> (1) take into account national economic and
strategic defense considerations of individual ports;</DELETED>
<DELETED> (2) strongly encourage efforts to promote--
</DELETED>
<DELETED> (A) integration of port-wide security,
including supply chain initiatives;</DELETED>
<DELETED> (B) information and intelligence sharing;
and</DELETED>
<DELETED> (C) joint efforts, such as joint
operations centers, among all port stakeholders;
and</DELETED>
<DELETED> (3) consider funding major projects in phases over
multiple years.</DELETED>
<DELETED> (c) Multiple Phase Projects.--</DELETED>
<DELETED> (1) Funding limitation.--Not more than 20 percent
of the total grant funds awarded under this section in any
fiscal year may be awarded for projects that span multiple
years.</DELETED>
<DELETED> (2) Priority.--In determining grant recipients
under this section, the Secretary may give preference to
continuing to fund multiyear projects that have previously
received funding under this section.</DELETED>
<DELETED> (d) Use of Funds.--Grants awarded under this section may
be used--</DELETED>
<DELETED> (1) to help implement Area Maritime Transportation
Security Plans required under section 70103(b) of title 46,
United States Code;</DELETED>
<DELETED> (2) to correct port security vulnerabilities
identified through vulnerability assessments approved by the
Secretary;</DELETED>
<DELETED> (3) for the salaries, benefits, overtime
compensation, and other costs of additional security personnel
for State and local agencies for activities required by the
Area Maritime Security Plan for a port area if--</DELETED>
<DELETED> (A) the Secretary increases the threat
level under the Homeland Security Advisory System to
Code Orange or Code Red;</DELETED>
<DELETED> (B) the Commandant of the Coast Guard
raises the Maritime Security level to MARSEC Level 2 or
3; or</DELETED>
<DELETED> (C) the Secretary otherwise authorizes
such costs;</DELETED>
<DELETED> (4) for the cost of acquisition, operation, and
maintenance of equipment that contributes to the overall
security of the port area, as identified in the Area Maritime
Security Plan if the need is based upon vulnerability
assessments approved by the Secretary or identified in the Area
Maritime Security Plan;</DELETED>
<DELETED> (5) to develop joint operations centers, as
described under section 10, that bring together Federal, State,
and local officials and stakeholders into a common operation
center that is focused on area maritime and cargo
security;</DELETED>
<DELETED> (6) to conduct vulnerability assessments approved
by the Secretary; and</DELETED>
<DELETED> (7) to conduct port-wide exercises to strengthen
emergency preparedness of Federal, State, and local officials
responsible for port security, including law enforcement
personnel and firefighters and other first responders, in
support of the Area Maritime Security Plan.</DELETED>
<DELETED> (e) Prohibited Uses.--Grants awarded under this section
may not be used to--</DELETED>
<DELETED> (1) construct buildings or other physical
facilities, except those otherwise authorized under section 611
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), including those
facilities in support of subsection (d)(5), and specifically
approved by the Secretary; or</DELETED>
<DELETED> (2) acquire land, unless such use is specifically
approved by the Secretary in support of subsection
(d)(5).</DELETED>
<DELETED> (f) Matching Requirements.--Except as provided in
paragraph (2), Federal funds for any eligible project under this
section shall be determined by the Secretary.</DELETED>
<DELETED> (g) Application.--</DELETED>
<DELETED> (1) In general.--Any entity subject to an Area
Maritime Transportation Security Plan may submit an application
for a grant under this section, at such time, in such form, and
containing such information and assurances as the Secretary,
working through the Office for Domestic Preparedness, may
require.</DELETED>
<DELETED> (2) Minimum standards for payment or
reimbursement.--Each application submitted under paragraph (1)
shall include--</DELETED>
<DELETED> (A) a comprehensive description of--
</DELETED>
<DELETED> (i) the need for the
project;</DELETED>
<DELETED> (ii) the methodology for
coordinating the project into the security of
the greater port area, as identified in the
Area Maritime Security Plan;</DELETED>
<DELETED> (iii) any existing cooperation
agreements with other port facilities, vessels,
or organizations that benefit security of the
entire port; and</DELETED>
<DELETED> (iv) the applicability of the
project to the Area Maritime Transportation
Security Plan; and</DELETED>
<DELETED> (B) a determination by the Captain of the
Port that the security project--</DELETED>
<DELETED> (i) addresses or corrects port
security vulnerabilities identified by the
Coast Guard, or through port security
vulnerability assessments approved by the
Secretary; and</DELETED>
<DELETED> (ii) helps to ensure compliance
with the Area Maritime Transportation Security
Plan.</DELETED>
<DELETED> (3) Procedural safeguards.--The Secretary, in
consultation with the Office of the Inspector General, shall
issue guidelines to establish appropriate accounting,
reporting, and review procedures to ensure that--</DELETED>
<DELETED> (A) grant funds are used for the purposes
for which they were made available;</DELETED>
<DELETED> (B) grantees have properly accounted for
all expenditures of grant funds; and</DELETED>
<DELETED> (C) grant funds not used for such purposes
and amounts not obligated or expended are
returned.</DELETED>
<DELETED> (4) Project approval required.--The Secretary may
not award a grant under this section unless the Secretary
determines that--</DELETED>
<DELETED> (A) the project to be carried out with
such grant funding--</DELETED>
<DELETED> (i) is consistent with
vulnerability assessments approved by the
Secretary;</DELETED>
<DELETED> (ii) supports cooperation or
integration of Federal, State, local, and
industry stakeholders in the port area;
and</DELETED>
<DELETED> (iii) helps to implement the Area
Maritime Transportation Security
Plan;</DELETED>
<DELETED> (B) sufficient funding is available to
meet the matching requirement described under
subsection (d);</DELETED>
<DELETED> (C) the project will be completed without
unreasonable delay; and</DELETED>
<DELETED> (D) the recipient has authority to carry
out the proposed project.</DELETED>
<DELETED> (h) Coordination and Cooperation.--The Secretary--
</DELETED>
<DELETED> (1) shall ensure that all projects that receive
grant funding under this section within any area defined in an
Area Maritime Transportation Security Plan are coordinated with
other projects in such area; and</DELETED>
<DELETED> (2) may require cooperative agreements among users
of the port and port facilities with respect to projects funded
under this section.</DELETED>
<DELETED> (i) Audits and Examinations.--All grantees under this
section shall maintain such records as the Secretary may require and
make such records available for review and audit by the Secretary, the
Comptroller General of the United States, or the Inspector General of
the Department.</DELETED>
<DELETED> (j) Annual Reports.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter until October 1,
2013, the Secretary shall submit an unclassified report describing
regarding the progress made in meeting the objectives of the port
security grant program established under this section to--</DELETED>
<DELETED> (1) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (2) the Committee on Homeland Security of the
House of Representatives;</DELETED>
<DELETED> (3) the Committee on Appropriations of the Senate;
and</DELETED>
<DELETED> (4) the Committee on Appropriations of the House
of Representatives.</DELETED>
<DELETED>SEC. 14. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) Improvements to Automated Targeting System.--There are
authorized to be appropriated $5,000,000 for each of the fiscal years
2007 through 2012 to carry out the provisions of section
4(b).</DELETED>
<DELETED> (b) Office of Cargo Security Policy.--There are authorized
to be appropriated for each of the fiscal years 2007 through 2012--
</DELETED>
<DELETED> (1) $4,000,000 to carry out the amendment made by
section 5(a); and</DELETED>
<DELETED> (2) $1,000,000 to carry out the provisions of
section 5(b).</DELETED>
<DELETED> (c) Container Security Initiative.--There are authorized
to be appropriated $175,000,000 for each of the fiscal years 2007
through 2012 to carry out the provisions of section 8.</DELETED>
<DELETED> (d) Customs-Trade Partnership Against Terrorism.--There
are authorized to be appropriated $75,000,000 for each of the fiscal
years 2007 through 2012 to carry out the provisions of section
9.</DELETED>
<DELETED> (e) GreenLane Designation.--There are authorized to be
appropriated $50,000,000 for each of the fiscal years 2007 through 2012
to carry out the provisions of section 10.</DELETED>
<DELETED> (f) Incident Response.--</DELETED>
<DELETED> (1) In general.--There are authorized to be
appropriated $100,000,000 for each of the fiscal years 2007
through 2012 to carry out the provisions of section
11.</DELETED>
<DELETED> (2) Budget analysis.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
submit a budget analysis for implementing the provisions of
section 11, including additional cost-sharing arrangements with
other Federal departments and other participants involved in
the joint operation centers, to--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (B) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (C) the Committee on Homeland Security of
the House of Representatives; and</DELETED>
<DELETED> (D) the Committee on Appropriations of the
House of Representatives.</DELETED>
<DELETED> (g) Operation Safe Commerce.--There are authorized to be
appropriated $25,000,000 for each of fiscal years 2007 through 2012 to
carry out the provisions of section 12(c).</DELETED>
<DELETED> (h) Port Security Grant Program.--There are authorized to
be appropriated $400,000,000 for each of fiscal years 2007 through 2012
to carry out the grant program established under section 13.</DELETED>
<DELETED> (i) Other Provisions.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2007 through 2012 to carry out the provisions of this Act not otherwise
provided for under this section.</DELETED>
<DELETED> (j) Source of Funds.--Amounts authorized to be
appropriated under this section shall originate from duties collected
by the Bureau of Customs and Border Protection.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``GreenLane Maritime
Cargo Security Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Strategic plan.
Sec. 5. Resumption of trade.
Sec. 6. Enhancement to targeting capabilities.
Sec. 7. Uniform data for governmentwide usage.
Sec. 8. Under Secretary for Policy.
Sec. 9. Container security standards and procedures.
Sec. 10. Domestic radiation detection and imaging.
Sec. 11. Container Security Initiative.
Sec. 12. Customs-Trade Partnership Against Terrorism.
Sec. 13. GreenLane designation.
Sec. 14. Joint operations center.
Sec. 15. Research, development, test, and evaluation.
Sec. 16. Port Security Grant Program.
Sec. 17. Deadline for transportation security cards.
Sec. 18. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Maritime vessels are the primary mode of transportation
for international trade and they carry over 80 percent of
international trade by volume. Improving the security of this
complex supply chain is critical for the prosperity and liberty
of all nations.
(2) In 2005, approximately 11,300,000 shipping containers
came into the United States through the Nation's seaports,
averaging nearly 31,000 per day.
(3) In May 2002, the Brookings Institution estimated that
costs associated with United States port closures from a
detonated terrorist weapon could add up to $1,000,000,000,000
from the resulting economic slump and changes in our Nation's
ability to trade.
(4) In its final report, the National Commission on
Terrorist Attacks Upon the United States noted: ``While
commercial aviation remains a possible target, terrorists may
turn their attention to other modes of transportation.
Opportunities to do harm are as great, or greater, in maritime
or surface transportation.''.
(5) In August 2005, the President issued the National
Strategy for Maritime Security, which notes that the
probability of a hostile state using a weapon of mass
destruction (referred to in this section as ``WMD'') will
increase during the next decade. Many experts believe that the
maritime sector is the most likely to be used to bring a WMD
into the United States. In addition, the adoption of a ``just-
in-time delivery approach to shipping by most industries,
rather than stockpiling or maintaining operating reserves of
energy, raw materials, and key components, means that a
disruption or slowing of the flow of almost any item can have
widespread implications for the overall market and national
economy''.
(6) Significant enhancements can be achieved by applying a
layered approach to supply chain security, though such layers
must be developed in a coordinated fashion. Current supply
chain security programs within the Federal Government have been
independently operated, often falling short of gains which
could be made had coordination taken place.
(7) The March 2006 report of the Permanent Subcommittee on
Investigations of the Committee on Homeland Security and
Governmental Affairs of the Senate entitled, ``An Assessment of
U.S. Efforts to Secure the Global Supply Chain,'' noted several
key concerns with the Department's supply chain security
programs, including the following:
(A) In the Container Security Initiative (CSI), a
critical program designed to inspect high-risk shipping
containers before they enter United States ports, the
Subcommittee found that only 37 percent of such high-
risk containers are actually inspected. To make matters
worse, the United States Government has not established
minimum standards for these inspections.
(B) Under the Customs-Trade Partnership Against
Terrorism (C-TPAT), the United States Government grants
benefits to private-sector companies that make specific
security commitments. The Subcommittee found, however,
that an overwhelming proportion of participating
companies receive benefits prior to having their
security profile validated. Only 27 percent of the
participating companies had been validated as of March
28, 2006. Therefore, 73 percent of the companies have
not been subjected to a rigorous, on-site review of
their security practices.
(C) The targeting system employed by the United
States Government to identify high-risk shipping
containers entering United States ports is largely
dependent on preliminary data that is not complete or
final. Moreover, the Subcommittee has found that this
targeting system has never been tested or validated,
and may not discern actual, realistic risks.
(D) Less than 40 percent of cargo containers
entering United States ports are screened for nuclear
or radiological materials. One part of the problem is
that the deployment of radiation detection equipment is
woefully behind schedule.
(8) The Department of Homeland Security has twice failed to
comply with directives from the Subcommittee on Homeland
Security of the Committee on Appropriations of the Senate,
requiring the Department to submit a report to Congress, which
identifies: ``(1) steps the Department has taken to enhance
shipping container security; (2) resources devoted to this in
prior years and proposed to continue this security; (3) results
of ongoing projects such as OSC, CSI, and C-TPAT; (4) the
Departmental entity responsible for implementing improvements
in security systems and approaches; and (5) specific steps each
entity will take to implement these changes, with associated
schedules for development and issuance of standards, policies,
procedures, or regulations.''.
(9) While it is impossible to completely remove the risk of
terrorist attacks, security measures in the transport sector
designed to counter terrorism can add certainty and stability
to the global economy, raise investor confidence, and
facilitate trade. Some counterterrorism costs are integral to
the price that must be paid to protect society. However,
counter-terrorism measures can also present an opportunity to
find and agree on measures that combine the imperative to fight
terrorism with the possibility of increased efficiency in the
system. These efficiency gains are maximized when all nations
adopt them.
(10) The World Customs Organization has taken a positive
step in furtherance of international supply chain security in
publishing the Framework of Standards to Secure and Facilitate
Global Trade, which outlines a set of minimum standards
designed to--
(A) establish standards for security and trade
facilitation;
(B) enable integrated supply chain management;
(C) enhance the capabilities of customs
administrations; and
(D) promote cooperation between the customs and
business communities.
(11) The shipping and trade industries have a
responsibility to monitor, self-assess, and report on the risks
associated with goods under their control or use. The public
sector must offer incentives for companies to invest in
security in order to promote information sharing and other
public-benefit outcomes.
(12) Increasing the transparency of the supply chain will
assist in mitigating the impact of an incident by allowing for
targeted shutdown of the international supply chain and
expedited restoration of commercial traffic.
(13) The special relationship between Canada and the United
States has been exemplified through Canada's partnership and
commitment to security following the attacks of September 11,
2001.
(14) Through both public and private initiatives, the
private sector has invested time, money and effort, both in the
United States and abroad, aimed at improving the security of
the international supply chain.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning given
the term in section 2(2) of the Homeland Security Act of 2002
(6 U.S.C. 101(2)).
(2) Automated targeting system.--The term ``Automated
Targeting System'' means the system established by United
States Customs and Border Protection to assess imports and
target those imports which pose a high risk of containing
contraband or otherwise pose a security risk.
(3) Container.--The term ``container'' has the meaning
given the term in the International Convention for Safe
Containers, with annexes, done at Geneva December 2, 1972 (29
UST 3707).
(4) Container security device.--The term ``container
security device'' means a device or system designed to track
and monitor containers for, and secure them against, tampering
or compromise throughout the international supply chain.
(5) Container security initiative; csi.--The terms
``Container Security Initiative'' and ``CSI'' mean the program
authorized under section 8 to identify and examine maritime
containers that pose a risk for terrorism at foreign ports
before they are shipped to the United States.
(6) Customs-trade partnership against terrorism; c-tpat.--
The terms ``Customs-Trade Partnership Against Terrorism'' and
``C-TPAT'' mean the voluntary program authorized under section
12 to strengthen and improve the overall security of the
international supply chain and United States border security.
(7) Department.--The term ``Department'' means the
Department of Homeland Security.
(8) Examination.--The term ``examination'' means an
inspection of cargo to detect the presence of misdeclared,
restricted, or prohibited items, including an inspection using
nonintrusive imaging and detection technology.
(9) Greenlane.--The term ``GreenLane'' refers to the third
tier of C-TPAT, that offers additional benefits to validated C-
TPAT participants that demonstrate a sustained commitment
beyond the minimum requirements for participation in C-TPAT.
(10) Inspection.--The term ``inspection'' means the process
used by United States Customs and Border Protection to detect
restricted or prohibited items through an examination or a
search.
(11) International supply chain.--The term ``international
supply chain'' means the coordinated network of companies
engaged in the movement of goods from a point of origin to a
foreign point of destination.
(12) Operation safe commerce.--The term ``Operation Safe
Commerce'' means the research, development, test, and
evaluation grant program that brings together private sector
shareholders, port officials, and Federal, State, and local
representatives to analyze existing security procedures for
cargo and develop new security protocols that have the
potential to increase the security of cargo shipments by
monitoring the movement and integrity of cargo through the
international supply chain.
(13) Point of origin.--The term ``point of origin'' means
the point at which goods are assembled into the smallest
exterior packaging unit for initial movement through the
international supply chain.
(14) Scan.--The term ``scan'' means utilizing nonintrusive
imaging equipment, radiation detection equipment, or both, to
capture data, including images of a container.
(15) Screening.--The term ``screening'' means a visual or
automated review of information about goods, including manifest
or entry documentation accompanying a shipment being imported
into the United States, to determine or assess the threat of
such cargo.
(16) Search.--The term ``search'' means an intrusive
examination in which a container is opened and its contents are
devanned and visually inspected by inspection personnel for the
presence of misdeclared, restricted, or prohibited items.
(17) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(18) Smallest exterior packaging unit.--The term ``smallest
exterior packaging unit'' has the meaning given such term in
section 4.7a of title 19, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(19) Supply chain visibility procedure.--The term ``supply
chain visibility procedure'' means a system or process capable
of tracking goods at the smallest exterior packaging unit
level, as described on a shipping manifest, from their point of
origin to the point of unlading in the United States.
(20) Transportation security incident.--The term
``transportation security incident'' has the meaning given such
term in section 70101(6) of title 46, United States Code.
SEC. 4. STRATEGIC PLAN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with appropriate
Federal, State, local, and tribal government agencies, public port
authorities, and private sector stakeholders responsible for security
matters that affect or relate to the movement of containers through the
international supply chain, shall submit, to appropriate congressional
committees, a comprehensive strategic plan to enhance international
supply chain security for all modes of transportation by which
containers arrive in, depart from, or move through seaports of the
United States.
(b) Content.--The strategic plan submitted under subsection (a)
shall--
(1) clarify and delineate the roles, responsibilities, and
authorities of Federal, State, local, and tribal government
agencies and private sector stakeholders that relate to the
security of the movement of containers arriving in, departing
from, or moving through seaports of the United States;
(2) provide measurable goals, including objectives,
mechanisms, and a schedule, for furthering the security of
commercial operations from point of origin to point of
destination;
(3) build on available resources and consider costs and
benefits;
(4) identify mandatory, baseline security goals, and the
minimum container security standards and procedures described
in section 9;
(5) provide incentives for additional voluntary measures to
enhance cargo security, as determined by the Secretary and
under the GreenLane Program under section 13;
(6) include a process for sharing intelligence and
information with private sector stakeholders to assist in their
security efforts;
(7) identify a framework for prudent and measured response
in the event of a transportation security incident in a United
States seaport;
(8) provide a plan for the expeditious resumption of the
flow of legitimate trade in accordance with section 5;
(9) focus on the secure movement of containerized cargo;
(10) consider the linkages between supply chain security
and security programs within other systems of movement,
including travel security and terrorist financing programs;
(11) expand upon and relate to existing strategies and
plans, including the National Strategy for Maritime Security;
and
(12) ensure that supply chain security mandates and
voluntary programs, to the extent practicable, provide even-
handed treatment for affected parties of the same type,
regardless of the size of the particular business.
(c) Update.--Not less than 3 years after the strategic plan is
submitted under subsection (a), the Secretary shall submit an update of
the strategic plan to appropriate congressional committees.
(d) Consultations.--Consultations described in subsection (a) shall
focus on--
(1) designing measurable goals, including objectives,
mechanisms, and a schedule, for furthering the security of the
international supply chain;
(2) identifying and addressing gaps in capabilities,
responsibilities, resources, or authorities;
(3) identifying and streamlining unnecessary overlaps in
capabilities, responsibilities, or authorities; and
(4) identifying and making recommendations regarding
legislative, regulatory, and organizational changes necessary
to improve coordination among the entities or to enhance the
security of the international supply chain.
(e) Utilization of Advisory Committees.--As part of the
consultative process, the Secretary shall utilize the Homeland Security
Advisory Committee, the National Maritime Security Advisory Committee,
and the Commercial Operations Advisory Committee to review the draft
strategic plan and any subsequent update to that plan.
(f) International Standards and Practices.--In furtherance of the
strategic plan, the Secretary is encouraged to consider proposed or
established standards and practices of foreign governments and
international organizations, including, as appropriate, the
International Maritime Organization, the World Customs Organization,
the International Labor Organization, and the International
Organization for Standardization to establish standards and best
practices for the security of containers moving through the
international supply chain.
SEC. 5. RESUMPTION OF TRADE.
(a) In General.--The Secretary shall develop protocols for the
resumption of trade through contingency and continuity planning that
ensure trade lanes are restored as quickly as possible in the event of
a transportation security incident that necessitates the suspension of
trade.
(b) Preferences.--In reestablishing the flow of cargo through ports
of entry in the United States after a transportation security incident,
the Secretary shall, to the extent practicable, give preference to
vessels--
(1) having a vessel security plan approved or accepted
under section 70103(c) of title 46, United States Code, or on a
vessel with a valid International Ship Security Certificate as
provided for under part 104 of title 33, Code of Federal
Regulations;
(2) entering a port of entry directly from a foreign port
designated under CSI, from another foreign port, as determined
by the Secretary, or transiting from a United States port of
call;
(3) operated by validated C-TPAT participants;
(4) carrying GreenLane designated cargo; and
(5) carrying commodities that the President determines to
be critical for response and recovery, such as military
shipments or necessary medical supplies.
(c) Communication.--To the extent practicable, the protocols
developed under subsection (a) shall provide for coordination with, and
lines of communication between, appropriate Federal, State, local and
private sector stakeholders on law enforcement actions, intermodal
rerouting plans, and other strategic infrastructure issues.
(d) Consultation.--In developing protocols under subsection (a),
the Secretary shall consult with Federal, State, local and private
sector stakeholders, including the National Maritime Security Advisory
Committee and the Commercial Operations Advisory Committee.
SEC. 6. ENHANCEMENT TO TARGETING CAPABILITIES.
(a) Plan for Improving the Automated Targeting System.--
(1) Development and implementation.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall develop and implement a plan for improving the Automated
Targeting System in accordance with this subsection.
(2) Corrective actions.--The Secretary shall include--
(A) a schedule for completing all outstanding
corrective actions recommended by the Comptroller
General of the United States, the Inspector General of
the Department of the Treasury, and the Inspector
General of the Department with respect to the operation
of the Automated Targeting System; or
(B) an explanation for not taking corrective
actions.
(3) Assessment of information submission requirements.--In
determining the viability of additional information submission
requirements, either by regulation or voluntary means, the
Secretary shall consider the cost, benefit, and feasibility
of--
(A) requiring additional nonmanifest documentation;
(B) reducing the time period allowed by law for
revisions to a container cargo manifest;
(C) reducing the time period allowed by law for
submission of entry data, or certain elements of such
data, for vessel or cargo; and
(D) such other actions the Secretary considers
beneficial for improving the information relied upon
for the Automated Targeting System and any other
targeting systems in furthering the security and
integrity of the international supply chain.
(4) Consultations.--In assessing information submission
requirements, the Secretary shall consult with stakeholders,
including the Commercial Operations Advisory Committee, and
identify to them the need for such information, and the
appropriate timing of its submission.
(5) Outside review.--The Secretary shall conduct, through
an independent panel, a review of the effectiveness and
capabilities of the Automated Targeting System and shall
include the results of such review in the report submitted
under paragraph (6).
(6) Report.--The Secretary shall submit a report,
containing the plan developed under paragraph (1) and the
results of the review conducted under paragraph (5), to
appropriate congressional committees.
(b) New or Expanded Information Submissions.--
(1) In general.--Any additional information submissions
allowable within the Secretary's existing authority or
submitted voluntarily by supply chain participants shall be
transmitted in a secure fashion, as determined by the Secretary
and in accordance with this subsection, to protect the
information from unauthorized access.
(2) Confidentiality of information.--Notwithstanding any
other provision of law, information that is required of, or
voluntarily submitted by, supply chain participants to the
Department for purposes of this section--
(A) shall be exempt from disclosure under section
552 of title 5, United States Code (commonly referred
to as the Freedom of Information Act);
(B) shall not, without the written consent of the
person or entity submitting such information, be used
directly by the Department or a third party, in any
civil action arising under Federal or State law if such
information is submitted in good faith; and
(C) shall not, without the written consent of the
person or entity submitting such information, be used
or disclosed by any officer or employee of the United
States for purposes other than the purposes of this
section, except--
(i) in furtherance of an investigation or
other prosecution of a criminal act; or
(ii) when disclosure of the information
would be--
(I) to either House of Congress, or
to the extent of matter within its
jurisdiction, any committee or
subcommittee thereof, any joint
committee thereof or subcommittee of
any such joint committee; or
(II) to the Comptroller General, or
any authorized representative of the
Comptroller General, in the course of
the performance of the duties of the
Comptroller General.
(3) Independently obtained information.--Nothing in this
subsection shall be construed to limit or otherwise affect the
ability of a Federal, State, or local, government entity, under
applicable law, to obtain supply chain security information,
including any information lawfully and properly disclosed
generally or broadly to the public and to use such information
in any manner permitted by law.
(4) Penalties.--Any person who is an officer or employee of
the United States and knowingly publishes, divulges, discloses,
or makes known in any manner or to any extent not authorized by
law, any supply chain security information protected in this
section from disclosure, shall be--
(A) fined under title 18, United States Code,
imprisoned not more than 1 year, or both; and
(B) removed from office or employment.
(5) Authority to issue warnings.--The Secretary may provide
advisories, alerts, and warnings to relevant companies,
targeted sectors, other governmental entities, or the general
public regarding potential risks to the supply chain as
appropriate. In issuing a warning under this paragraph, the
Secretary shall take appropriate actions to protect from
disclosure--
(A) the source of any voluntarily submitted supply
chain security information that forms the basis for the
warning; and
(B) information that is proprietary, business
sensitive, relates specifically to the submitting
person or entity, or is otherwise not appropriately in
the public domain.
(c) Next Generation Targeting System.--
(1) In general.--The Secretary shall consider future
iterations of the Automated Targeting System, which would
incorporate smart features, such as more rigorous algorithms
and real-time intelligence, instead of relying solely on rule
sets that are periodically updated.
(2) Cooperation.--The Secretary shall work closely with
supply chain participants and foreign governments, to the
maximum extent practicable, in developing the next generation
targeting system.
(3) Secure freight.--To implement the next generation
targeting system, the Secretary is authorized to initiate the
Secure Freight Program to improve the data collection process
by using alternative methods including third parties to
capture, collect, and transmit data related to the movement of
goods through the international supply chain.
(4) Report.--Not later than 30 days before the initiation
of the Secure Freight Program in a pilot phase, the Secretary
shall submit a report, to appropriate congressional committees,
that contains a plan for the next generation targeting system,
including a schedule and concept of operations for initial and
full operating capability.
SEC. 7. UNIFORM DATA FOR GOVERNMENTWIDE USAGE.
(a) Establishment.--The Secretary, in conjunction with
representatives from the Department, the Department of Transportation,
the Department of Health and Human Services, the Department of
Agriculture, the Department of Commerce, the Department of State, the
Department of Defense, the Department of Justice, the Department of the
Interior, and other appropriate Federal agencies, as determined by the
Secretary, shall establish and implement a single, uniform data system
for the electronic collection, dissemination, and sharing of import and
export information to increase the efficiency of data submission and
the security of such data related to border security, trade, and public
health and safety of international cargoes (referred to in this
subsection as the ``International Trade Data System'').
(b) Interagency Steering Group.--The Deputy Director for Management
of the Office of Management and Budget (referred to in this subsection
as the ``Deputy Director''), pursuant to responsibilities under chapter
36 of title 44, United States Code, shall establish an executive level,
interagency steering group (referred to in this subsection as the
``Interagency Steering Group''), comprised of representatives of the
departments listed in paragraph (1), to coordinate, the establishment,
investment in, and implementation of the International Trade Data
System.
(c) Harmonized Data Set.--Not later than 1 year after the date of
enactment of this Act, the Deputy Director, through the Interagency
Steering Group, shall complete the development and publication of the
harmonized data set of import and export information submitted to
agencies with a presence at the international border of the United
States.
(d) Implementation.--
(1) In general.--The Secretary and the Interagency Steering
Group, in consultation with private sector stakeholders,
including the Commercial Operations Advisory Committee, shall
develop the uniform data submission requirements, procedures,
and schedules for implementation.
(2) Considerations.--In developing the submission
requirements, procedures and schedules, the Secretary shall
consider--
(A) the unique features of each mode of
transportation by which goods may be traveling;
(B) the appropriate timing for submission of data
during the importation or exportation process; and
(C) the appropriate party engaged in a particular
transaction to submit the data.
(e) Joint Inspections Procedures.--The Deputy Director, through the
Interagency Steering Group, shall develop plans for longer term uses of
the International Trade Data System, including facilitating joint cargo
inspections by multiple Federal agencies to meet their respective
requirements in a more efficient manner.
SEC. 8. UNDER SECRETARY FOR POLICY.
(a) Under Secretary for Policy.--The Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended--
(1) by redesignating title VI as title XVIII, and
transferring that title to the end of the Act;
(2) in title XVIII, as redesignated, by redesignating
section 601 as section 1801; and
(3) by inserting after title V the following:
``TITLE VI--UNDER SECRETARY FOR POLICY
``SEC. 601. UNDER SECRETARY FOR POLICY.
``(a) In General.--There shall be in the Department an Under
Secretary for Policy, who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(b) Responsibilities.--Subject to the direction, authority, and
control of the Secretary, the Under Secretary for Policy shall be
responsible for--
``(1) policy development within the Department, by--
``(A) serving as the principal policy advisor to
the Secretary;
``(B) providing overall direction and supervision
for policy development to programs, offices, and
activities of the Department;
``(C) establishing and directing a formal
policymaking process for the Department;
``(D) analyzing, evaluating, and reviewing
completed, ongoing, and proposed programs, to ensure
they are compatible with the statutory and regulatory
responsibilities of the Department and with the
Secretary's priorities, strategic plans, and policies;
and
``(E) ensuring, in conjunction with other
Department officials, that the budget of the Department
(including the development of future year budgets) is
compatible with the statutory and regulatory
responsibilities of the Department and with the
Secretary's priorities, strategic plans, and policies;
``(2) strategic planning for the Department, by--
``(A) conducting long-range, strategic planning for
the Department;
``(B) preparing national and Department strategies,
as appropriate;
``(C) conducting net assessments of issues facing
the Department; and
``(D) conducting reviews of the Department to
ensure the implementation of this paragraph;
``(3) international issues of the Department, by--
``(A) promoting informational and educational
exchange with nations friendly to the United States in
order to promote sharing of best practices and
technologies relating to homeland security, including--
``(i) the exchange of information on
research and development on homeland security
technologies;
``(ii) joint training exercises of first
responders; and
``(iii) exchanging expertise and
information on terrorism prevention, response,
and crisis management;
``(B) identifying areas for homeland security
informational and training exchange where the United
States has a demonstrated weakness and another friendly
nation or nations have a demonstrated expertise;
``(C) planning and carrying out international
conferences, exchange programs (including the exchange
of scientists, engineers, and other experts), and other
training activities; and
``(D) managing international activities within the
Department in coordination with other Federal officials
with responsibility for counterterrorism matters; and
``(4) private sector coordination, by--
``(A) creating and fostering strategic
communications with the private sector to enhance the
primary mission of the Department to protect the United
States;
``(B) advising the Secretary on the impact of the
policies, regulations, processes, and actions of the
Department on the private sector;
``(C) interfacing with other relevant Federal
agencies with homeland security missions to assess the
impact of the actions of such agencies on the private
sector;
``(D) creating and managing private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary--
``(i) to advise the Secretary on private
sector products, applications, and solutions as
they relate to homeland security challenges;
and
``(ii) to advise the Secretary on homeland
security policies, regulations, processes, and
actions that affect the participating
industries and associations.
``(E) working with Federal laboratories, federally
funded research and development centers, other
federally funded organizations, academia, and the
private sector to develop innovative approaches to
address homeland security challenges to produce and
deploy the best available technologies for homeland
security missions;
``(F) promoting existing public-private
partnerships and develop new public-private
partnerships to provide for collaboration and mutual
support to address homeland security challenges;
``(G) assisting in the development and promotion of
private sector best practices to secure critical
infrastructure;
``(H) coordinating industry efforts, with respect
to functions of the Department, to identify private
sector resources and capabilities that could be
effective in supplementing Federal, State, and local
government agency efforts to prevent or respond to a
terrorist attack; and
``(I) coordinating among Department operating
entities and with the Assistant Secretary for Trade
Development of the Department of Commerce on issues
related to the travel and tourism industries.''.
(b) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 103--
(A) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) An Under Secretary for Policy.'';
(2) by striking section 879; and
(3) in the table of contents--
(A) by redesignating the items relating to title VI
and section 601 as items relating to title XVIII and
section 1801, respectively, and transferring such items
to the end of the table of contents;
(B) by striking the item relating to section 879;
and
(C) by inserting before the item relating to title
VII the following:
``TITLE VI--UNDER SECRETARY FOR POLICY
``Sec. 601. Under Secretary for Policy.''.
(c) Office of Cargo Security Policy.--
(1) In general.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by
adding at the end the following:
``SEC. 431. OFFICE OF CARGO SECURITY POLICY.
``(a) Establishment.--There is established within the Department an
Office of Cargo Security Policy (referred to in this section as the
`Office').
``(b) Purpose.--The Office shall--
``(1) coordinate all Department policies and programs
relating to cargo security; and
``(2) consult with stakeholders and work with other Federal
agencies to establish standards and regulations and to promote
best practices.
``(c) Director.--
``(1) Appointment.--The Office shall be headed by a
Director, who shall--
``(A) be appointed by the Secretary; and
``(B) report to the Under Secretary for Policy.
``(2) Responsibilities.--The Director shall--
``(A) advise the Secretary and the Under Secretary
for Policy regarding all aspects of Department programs
relating to cargo security;
``(B) develop Department-wide policies regarding
cargo security;
``(C) coordinate the cargo security policies and
programs of the Department with other executive
agencies, including by working with officials of the
Department of Energy and the Department of State, as
appropriate, in negotiating international agreements
relating to cargo security; and
``(D) coordinate all programs of the Department
relating to cargo security.''.
(2) Clerical amendment.--The table of contents of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
by inserting after the item relating to section 430 the
following:
``Sec. 431. Office of Cargo Security Policy.''.
(d) Designation of Liaison Office of Department of State.--The
Secretary of State shall designate a liaison office within the
Department of State to assist the Secretary, as appropriate, in--
(1) negotiating international agreements related to cargo
security;
(2) conducting activities under this Act; and
(3) carrying out related responsibilities, as assigned by
the Secretary of State.
SEC. 9. CONTAINER SECURITY STANDARDS AND PROCEDURES.
(a) Establishment.--
(1) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish, by
regulation, minimum standards and procedures for securing
containers in transit to an importer in the United States.
(2) Information sources.--The Secretary shall use
information from C-TPAT, Operation Safe Commerce, any container
security program of the Directorate for Science and Technology
of the Department, and other security initiatives to establish
the standards and procedures described in paragraph (1). Such
standards and procedures may address operation, technology use,
and performance.
(3) Deadline for enforcement.--Not later than 2 years after
the establishment of standards and procedures under subsection
(a), all containers bound for ports of entry in the United
States shall meet such standards and procedures.
(b) Review and Enhancement.--The Secretary shall regularly--
(1) review the standards and procedures established
pursuant to subsection (a); and
(2) enhance the security standards and procedures, as
appropriate, based on tests of technologies as they become
commercially available to detect container intrusion and the
highest consequence threats, particularly weapons of mass
destruction, in accordance with section 15.
(c) International Cargo Security Standards.--The Secretary, in
consultation with the Secretary of State and the Secretary of Energy,
is encouraged to promote and establish international standards for the
security of containers moving through the international supply chain
with foreign governments and international organizations, including the
International Maritime Organization and the World Customs Organization.
SEC. 10. DOMESTIC RADIATION DETECTION AND IMAGING.
(a) Examining Containers.--Not later than December 31, 2007, all
containers entering the United States through the busiest 22 seaports
of entry shall be examined for radiation.
(b) Strategy.--The Secretary shall develop a strategy for the
deployment of radiation detection capabilities that includes--
(1) a risk-based prioritization of ports of entry at which
radiation detection equipment will be deployed;
(2) a proposed time line of when radiation detection
equipment will be deployed at each of the ports of entry
identified under paragraph (1);
(3) the type of equipment to be used at each of the ports
of entry identified under paragraph (1), including the joint
deployment and utilization of radiation detection equipment and
nonintrusive imaging equipment;
(4) standard operating procedures for examining containers
with such equipment, including sensor alarming, networking and
communications and response protocols;
(5) operator training plans;
(6) an evaluation of the environmental health and safety
impacts of nonintrusive inspection technology;
(7) the Department policy for the using nonintrusive
inspection equipment;
(8) a classified annex that--
(A) details plans for covert testing; and
(B) outlines the risk-based prioritization of ports
of entry used under paragraph (1).
(c) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall submit the strategy developed under
subsection (b) to appropriate congressional committees.
(d) Update.--Not later than 180 days after the date of enactment of
this Act, the Secretary may update the strategy submitted under
subsection (c) to provide a more complete evaluation under subsection
(b)(6).
(e) Other WMD Threats.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a strategy for the
deployment of equipment to detect chemical, biological, and other
weapons at all ports of entry into the United States to appropriate
congressional committees.
(f) Implementation.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall fully implement the strategy
developed under subsection (b).
SEC. 11. CONTAINER SECURITY INITIATIVE.
(a) Authorization.--The Secretary is authorized to establish and
implement a program (to be known as the ``Container Security
Initiative'' or ``CSI'') to identify and examine maritime containers
that pose a security risk at foreign ports before the containers are
shipped to the United States.
(b) Assessment.--Before the Secretary designates any foreign port
under CSI, the Secretary, in coordination with other Federal officials,
as appropriate, shall conduct an assessment of the port to evaluate the
costs, benefits, and other factors associated with such designation,
including--
(1) the level of risk for the potential compromise of
containers by terrorists or terrorist weapons;
(2) the economic impact of cargo traveling from the foreign
port to the United States in terms of trade value and volume;
(3) the results of the Coast Guard assessments conducted
pursuant to section 70108 of title 46, United States Code;
(4) the capabilities and level of cooperation expected of
the government of the intended host country;
(5) the willingness of the government of the intended host
country to permit validation of security practices within the
country in which the foreign port is located, for the purposes
of C-TPAT or similar programs; and
(6) the potential for C-TPAT and GreenLane cargo traveling
through the foreign port.
(c) Annual Report.--Not later than March 1 of each year in which
the Secretary proposes to designate a foreign port under CSI, the
Secretary shall submit a report, in classified or unclassified form,
detailing the assessment of each foreign port the Secretary is
considering designating under CSI, to appropriate congressional
committees.
(d) Current CSI Ports.--The report under subsection (c) shall
include an annual assessment justifying the continuance of each port
designated under CSI as of the date of enactment of this Act.
(e) Designation of New Ports.--The Secretary shall not designate a
foreign port under CSI unless the Secretary has completed the
assessment required in subsection (b) for that port and submitted a
report under subsection (c) that includes that port.
(f) Negotiations.--The Secretary may request that the Secretary of
State, in conjunction with the United States Trade Representative,
enter into trade negotiations with the government of each foreign
country with a port designated under CSI, as appropriate, to ensure
full compliance with the requirements under CSI.
(g) Inspections.--
(1) Requirements and procedures.--The Secretary shall--
(A) establish technical capability requirements and
standard operating procedures for the use of
nonintrusive inspection and radiation detection
equipment in conjunction with CSI;
(B) require that the equipment operated at each
port designated under CSI be operated in accordance
with the requirements and procedures established under
subparagraph (A); and
(C) continually monitor the technologies,
processes, and techniques used to inspect cargo at
ports designated under CSI.
(2) Considerations.--
(A) Consistency of standards and procedures.--In
establishing the technical capability requirements and
standard operating procedures under paragraph (1)(A),
the Secretary shall take into account any such relevant
standards and procedures utilized by other Federal
departments or agencies as well as those developed by
international bodies.
(B) Applicability.--The technical capability
requirements and standard operating procedures
established pursuant to paragraph (1)(A) shall not
apply to activities conducted under the Megaports
Initiative of the Department of Energy.
(3) Foreign assistance.--
(A) In general.--The Secretary, in coordination
with the Secretary of State, the Secretary of Energy,
and other Federal agencies, shall identify foreign
assistance programs that could facilitate the
implementation of cargo security antiterrorism measures
at ports designated under CSI and foreign ports not
designated under CSI that lack effective antiterrorism
measures.
(B) Acquisition.--Notwithstanding any other
provision of law, the Secretary may--
(i) lease, loan, provide, or otherwise
assist in the deployment of non-intrusive
inspection and handheld radiation detection
equipment at foreign air, land, and sea ports
under such terms and conditions as the
Secretary prescribes, including nonreimbursable
loans or the transfer of ownership of
equipment; and
(ii) provide training and technical
assistance for domestic or foreign personnel
responsible for operating or maintaining such
equipment.
(C) Training.--The Secretary may provide training
on the use of inspection equipment, or other training
that the Secretary determines to be appropriate to
secure the international supply chain, to foreign
personnel at each port designated under CSI.
(h) Personnel.--The Secretary shall--
(1) annually assess the personnel needs at each port
designated under CSI;
(2) deploy personnel in accordance with the assessment
under paragraph (1); and
(3) consider the potential for remote targeting in
decreasing the number of personnel.
(i) Pilot Integrated Scanning System.--
(1) Designations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall designate 3
foreign seaports through which containers pass or are
transshipped to the United States to pilot an integrated
scanning system that couples nonintrusive inspection equipment
and radiation detection equipment, which may be provided by the
Megaports Initiative of the Department of Energy. In making
designations under this paragraph, the Secretary shall consider
3 distinct ports with unique features and differing levels of
trade volume.
(2) Collaboration and cooperation.--The Secretary shall
collaborate with the Secretary of Energy and cooperate with the
private sector and host foreign government to implement this
pilot.
(3) Implementation.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall achieve a full-
scale implementation of the pilot integrated screening system,
which shall--
(A) scan all containers destined for the United
States that transit through the port;
(B) electronically transmit the images and
information to CSI personnel in the host country and
the National Targeting Center for evaluation and
analysis;
(C) utilize, to the maximum extent practicable,
container security devices or other container sealing
devices on all containers;
(D) resolve every radiation alarm according to
established Department procedures;
(E) utilize the information collected to enhance
the Automated Targeting System or other relevant
programs; and
(F) store the information for later retrieval and
analysis.
(4) Report.--Not later than 120 days after achieving full-
scale implementation under paragraph (3), the Secretary, in
consultation with the Secretary of Energy and the Secretary of
State, shall submit a report, to appropriate congressional
committees, that includes--
(A) an evaluation of the lessons derived from the
pilot program implemented under this subsection;
(B) an analysis of the efficacy of the Automated
Targeted System or other relevant programs in utilizing
the images captured to examine high-risk containers;
(C) an evaluation of software that is capable of
automatically identifying potential anomalies in
scanned containers; and
(D) a plan and schedule to expand this integrated
scanning system to other CSI ports.
(5) Implementation.--As soon as practicable and possible,
an integrated scanning system shall be implemented to scan all
containers entering the United States prior to arrival in the
United States.
SEC. 12. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM.
(a) In General.--
(1) Authorization.--The Secretary is authorized to
establish a voluntary program (to be known as the ``Customs-
Trade Partnership Against Terrorism'' or ``C-TPAT'') to
strengthen and improve the overall security of the
international supply chain and United States border security.
(2) Minimum requirements.--The Secretary shall promulgate
regulations that describe the minimum requirements, program
tiers, and program benefits of C-TPAT.
(b) Participation.--Importers, brokers, air, sea, land carriers,
and other entities in the international supply chain and intermodal
transportation system are eligible to apply to voluntarily enter into
partnerships with the Department.
(c) Minimum Requirements.--An applicant seeking to participate in
C-TPAT shall--
(1) demonstrate a history of moving commerce in the
international supply chain to and from the United States;
(2) conduct an assessment of its supply chains based upon
security criteria established by the Secretary, including--
(A) business partner requirements;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness; and
(G) information technology security;
(3) implement and maintain security measures and supply
chain security practices meeting security criteria; and
(4) meet all other requirements established by the
Secretary.
(d) Certification.--
(1) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall update guidelines
for certifying a participant's security measures and supply
chain security practices.
(2) Tier one benefits.--The Secretary may offer limited
benefits to C-TPAT participants whose security measures and
supply chain security practices have been certified in
accordance with the guidelines established pursuant to
paragraph (1). Such benefits may not include reduced scores in
the Automated Targeting System.
(e) Validation.--
(1) In general.--Not later than 1 year after a C-TPAT
participant has been certified under subsection (d)(1), the
Secretary shall validate, directly or through certified third
parties (as provided under subsection (f)), the security
measures and supply chain security practices of that
participant. Such validation shall include visits to foreign
locations utilized by the C-TPAT participant as part of the
participant's supply chain or chains.
(2) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall update guidelines
for validating a participant's security measures and supply
chain security practices.
(3) Consequences for failed validation.--If a C-TPAT
participant's security measures and supply chain security
practices fail to meet validation requirements--
(A) the participant may not receive the benefits of
validation; and
(B) the Commissioner of United States Customs and
Border Protection may deny the participant all benefits
under C-TPAT.
(4) Right of appeal.--A C-TPAT participant described under
paragraph (3) may--
(A) file an appeal with the Secretary of the
Commissioner's decision under paragraph (3)(B) to deny
benefits under C-TPAT; and
(B) request revalidation.
(5) Tier two benefits.--The Secretary shall extend benefits
to each participant who has been validated under this
subsection, which may include--
(A) reduced searches;
(B) priority processing for searches; and
(C) reduced scores in the Automated Targeting
System.
(f) Third Party Certification.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and issue
minimum standard operating procedures and requirements for
third parties to conduct validations of C-TPAT participants.
These third parties shall be certified and monitored as
outlined in this subsection.
(2) Certification of third party entities.--The Secretary
shall issue a certificate of conformance to a third party to
conduct validations under this section if the third party--
(A) demonstrates to the satisfaction of the
Secretary that the third party is capable of performing
validations in accordance with standard operating
procedures and requirements;
(B) agrees to perform validations in accordance
with such standard operating procedures and
requirements;
(C) signs an agreement to protect all proprietary
information of C-TPAT participants with respect to
which the entity will conduct validations;
(D) has no beneficial interest in or any direct or
indirect control over the C-TPAT participant that is
contracting for the validation services; and
(E) has no other conflict of interest with respect
to the C-TPAT participant.
(3) Monitoring.--The Secretary shall regularly monitor and
inspect the operations of a third party conducting validations
under this section to ensure that the third party is meeting
the minimum standard operating procedures and requirements for
the validation of C-TPAT participants established under
subsection (e) and all other applicable requirements for
validation services as determined by the Secretary.
(4) Revocation.--If the Secretary finds that a third party
is not meeting the minimum standard operating procedures and
requirements, the Secretary shall--
(A) revoke the entity's certificate of conformance
issued under subsection; and
(B) review any validations conducted by the entity.
(5) Validation decision.--The decision to designate a C-
TPAT participant as a tier 2 or GreenLane member is solely
within the discretion of the Secretary or the Secretary's
designee.
(6) Exclusion.--A certified third party may not determine
the status of a C-TPAT participant.
(g) Revalidation.--The Secretary shall establish a process for
revalidating C-TPAT participants. Such revalidation shall occur on the
basis of risk not less frequently than once during every 4-year period
following validation.
SEC. 13. GREENLANE DESIGNATION.
(a) Establishment.--The Secretary shall establish a third tier of
C-TPAT (referred to in this section as the ``GreenLane'') that offers
additional benefits to validated C-TPAT participants that demonstrate a
sustained commitment beyond the minimum requirements for participation
in C-TPAT.
(b) Basic Requirements.--The Secretary shall designate requirements
for GreenLane participants, which shall include--
(1) voluntary submission of additional data elements, as
determined by the Secretary and as informed by the plan
required under section 6 submitted on shipments before loading;
(2) cargo is loaded at a port designated under CSI, or
other designated foreign port as determined by the Secretary,
for transit to the United States;
(3) cargo is loaded on a vessel with a vessel security plan
approved or accepted under section 70103(c) of title 46, United
States Code, or on a vessel with a valid International Ship
Security Certificate as provided for under part 104 of title
33, Code of Federal Regulations;
(4) the supply chain visibility procedures established by
the Secretary under subsection (f)(1)(A) are utilized;
(5) container security devices meeting the standards and
procedures established by the Secretary under subsection
(f)(1)(B) are utilized;
(6) cargo complies with additional security criteria
established by the Secretary beyond the minimum requirements
for C-TPAT participation under section 12(c), particularly in
the area of access controls; and
(7) cargo complies with any other requirements determined
by the Secretary.
(c) Non-Containerized Cargo.--The Secretary shall designate
requirements for GreenLane participation specific to non-containerized
cargoes. Nothing in this section shall be construed to preclude
participation in GreenLane by importers of non-containerized cargoes
that otherwise meet the requirements under this section.
(d) Containers Transhipped Through Canada or Mexico Under
GreenLane.--Containers entering the United States under GreenLane at a
land border port of entry shall undergo the equivalent, appropriate
level of scrutiny, through screening, examination, or search, as
containers arriving at a United States port of entry from a foreign
seaport, and as provided by bilateral commitments between the United
States and Canada and the United States and Mexico, respectively.
(e) Consequences for Lack of Compliance.--
(1) In general.--Any participant whose security measures
and supply chain security practices have been found by the
Secretary to be out of compliance with any requirements of
GreenLane shall be denied all benefits under GreenLane.
(2) Right of appeal.--GreenLane participants under
paragraph (1) shall have the right to appeal denial of benefits
decisions to the Secretary and request redesignation under
GreenLane.
(f) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
private sector stakeholders, shall promulgate regulations that
establish--
(A) requirements for supply chain visibility
procedures;
(B) performance standards for container security
devices and protocols for their use; and
(C) any other GreenLane requirements that the
Secretary considers appropriate, including requirements
building upon security measures and supply chain
security best practices contained in the C-TPAT minimum
requirements set forth in section 12(c).
(2) Benefits.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with the
Commercial Operations Advisory Committee, shall promulgate
regulations providing benefits for participation in GreenLane,
which may include--
(A) the expedited release of GreenLane cargo into
destination ports within the United States during all
threat levels designated by the Secretary or the
Commandant of the Coast Guard;
(B) reduced or eliminated bonding requirements for
GreenLane cargo;
(C) preference to vessels (as described in section
5(b));
(D) further reduced inspections;
(E) priority processing for inspections;
(F) further reduced scores in the Automated
Targeting System; and
(G) streamlined billing of any customs duties or
fees.
(3) Other modes of transportation.--The Secretary shall
consider establishment of GreenLane requirements and benefits
for cargo entering the United States by non-maritime modes of
transportation.
SEC. 14. JOINT OPERATIONS CENTER.
(a) Establishment.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall establish joint operation
centers for maritime and cargo security to--
(1) enhance information sharing;
(2) facilitate day-to-day operational coordination; and
(3) in the case of a maritime transportation security
incident, facilitate incident management and response.
(b) Organization.--To the extent practicable, a joint operations
center shall be colocated with the command center for each Coast Guard
sector and shall utilize existing facilities. The Secretary may utilize
virtual connectivity to accomplish the goals of this section.
(c) Participation.--The following entities shall participate in
each joint operations center for maritime and cargo security:
(1) The United States Coast Guard.
(2) United States Customs and Border Protection.
(3) United States Immigration and Customs Enforcement.
(4) The Department of Defense, as appropriate.
(5) The Federal Bureau of Investigation.
(6) Other Federal agencies with a presence at a particular
port, as appropriate, or as otherwise selected by the
Secretary.
(7) State, local, and international law enforcement and
first responder agencies responsible for the port, as
appropriate, or as otherwise selected by the Secretary.
(8) Port authority representatives, maritime exchanges,
private sector stakeholders, and other entities subject to an
Area Maritime Security Plan, as selected by the Secretary.
(d) Responsibilities.--Each joint operations center for maritime
and cargo security shall--
(1) assist, as appropriate, in the implementation of
maritime transportation security plans developed under section
70103 of title 46, United States Code;
(2) assist, as appropriate, in the implementation of
transportation security incident response plans required under
section 70104 of such title;
(3) carry out information sharing activities consistent
with those required under section 1016 of the National Security
Intelligence Reform Act of 2004 (6 U.S.C. 485) and the Homeland
Security Information Sharing Act (6 U.S.C. 481 et seq.);
(4) conduct, as appropriate to the vessel traffic criteria
within the center's area of responsibility, short- and long-
range vessel tracking under sections 70114 and 70115 of such
title 46, United States Code;
(5) facilitate communication and coordination with private
sector stakeholders during a transportation security incident
involving the port; and
(6) carry out such other responsibilities as determined by
the Secretary.
(e) Security Clearances.--The Secretary shall sponsor and expedite
individuals participating in the joint operations centers in gaining or
maintaining their security clearances. Through the Captain of the Port,
the Secretary may identify key individuals who should participate. In
addition, the port or other entities may appeal to the Captain of the
Port for sponsorship.
(f) Security Incidents.--During a transportation security incident
involving the port, the Coast Guard Captain of the Port designated by
the Commandant of the Coast Guard shall act as the initial incident
commander, unless otherwise directed by the President.
(g) Rule of Construction.--Nothing in this section shall be
construed to affect the standard command and control procedures for
operational entities in the Department, unless so directed by the
Secretary.
(h) Implementation.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit an implementation
plan for this section, to appropriate congressional committees, which
describes, for each joint operations center--
(1) the location;
(2) the specific participating entities;
(3) the implementation costs; and
(4) the necessary resources for operation and maintenance,
including the cost-sharing requirements for other agencies and
participants.
SEC. 15. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
(a) Reauthorization of Homeland Security Science and Technology
Advisory Committee.--
(1) In general.--Section 311(j) of the Homeland Security
Act of 2002 (6 U.S.C. 191(j)) is amended by striking ``3 years
after the effective date of this Act'' and inserting ``on
December 31, 2008''.
(2) Effective date and application.--The amendment made by
paragraph (1) shall be effective as if enacted on the date of
enactment of the Homeland Security Act of 2002.
(3) Advisory committee.--The Under Secretary for Science
and Technology shall utilize the Homeland Security Science and
Technology Advisory Committee, as appropriate, to provide
outside expertise in advancing cargo security technology.
(b) Duties of Secretary.--The Secretary shall--
(1) direct research, development, test, and evaluation
efforts in furtherance of maritime and cargo security;
(2) encourage the ingenuity of the private sector in
developing and testing technologies and process innovations in
furtherance of these objectives; and
(3) evaluate such technologies.
(c) Coordination.--The Secretary, acting through the Under
Secretary for Science and Technology, in consultation with the Under
Secretary for Policy, the Director of Cargo Security Policy, and the
Chief Financial Officer, shall ensure that--
(1) research, development, test, and evaluation efforts
funded by the Department in furtherance of maritime and cargo
security are coordinated to avoid duplication of efforts; and
(2) the results of such efforts are shared throughout the
Department, as appropriate.
(d) Operation Safe Commerce.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate a grant
program, as part of Operation Safe Commerce, to--
(A) integrate nonintrusive inspection and radiation
detection equipment with automatic identification
methods for containers, vessels, and vehicles;
(B) test physical access control protocols and
technologies;
(C) create a data sharing network capable of
transmitting in a secure manner, data regarding the
movement of cargo in the international supply chain
submitted by entities participating in the
international supply chain to the Department for use in
targeting efforts; and
(D) otherwise further maritime and cargo security,
as determined by the Secretary.
(2) Supply chain security for special container and
noncontainerized cargo.--The Secretary shall consider
demonstration projects that further the security of the
international supply chain for special container cargo,
including refrigerated containers, and noncontainerized cargo,
including roll-on/roll-off, break-bulk, liquid, and dry bulk
cargo.
(3) Competitive selection process.--The Secretary shall
select grant recipients under paragraph (1) through a
competitive process based on--
(A) the extent to which the applicant can
demonstrate that personnel, laboratory, and
organizational resources will be available to the
applicant to carry out the activities authorized under
this subsection;
(B) the applicant's capability to provide
leadership in making national and regional
contributions to the solution of maritime and cargo
security issues;
(C) the extent to which the applicant's programs,
projects, and activities under the grant will address
highest risk priorities as determined by the Secretary;
and
(D) any other criteria the Secretary determines to
be appropriate.
(4) Administrative provisions.--
(A) Prohibition on duplication of effort.--Before
awarding any grant under this subsection, the Secretary
shall coordinate with other Federal departments and
agencies to ensure the grant will not duplicate work
already being carried out with Federal funding.
(B) Accounting, reporting, and review procedures.--
The Secretary shall establish accounting, reporting,
and review procedures to ensure that--
(i) amounts made available under this
subsection are used for the purpose for which
such amounts were made available;
(ii) amounts made available under this
subsection are properly accounted for; and
(iii) amounts not used for such purpose and
amounts not expended are recovered.
(C) Record keeping.--Grant recipients under this
subsection shall--
(i) maintain all records related to
expenditures and obligations of amounts
provided under the grant; and
(ii) make such records available upon
request to the Secretary for audit and
examination.
(D) Review.--The Secretary shall annually review
the programs, projects, and activities carried out
using amounts made available under grants awarded under
this subsection to ensure that obligations and
expenditures of such amounts are consistent with the
purposes for which such amounts are made available.
(5) Annual report.--Not later than March 1 of each year,
the Secretary shall submit a report detailing the results of
Operation Safe Commerce to appropriate congressional
committees.
(e) GreenLane Technology.--The Secretary shall, not less frequently
than once every 2 years--
(1) review the technology requirements and standards
established under section 10; and
(2) test future supply chain visibility procedures,
container security devices, and other systems as they become
commercially available to track and secure containers and the
smallest exterior packaging units loaded into containers.
SEC. 16. PORT SECURITY GRANT PROGRAM.
(a) Grants Authorized.--The Secretary, acting through the Office
for Domestic Preparedness, shall establish a grant program to allocate
Federal financial assistance, on the basis of risk and need--
(1) to mitigate risks as identified by the Secretary;
(2) to help implement Area Maritime Transportation Security
plans required under section 70103(b) of title 46, United
States Code;
(3) to correct port security vulnerabilities identified
through vulnerability assessments approved by the Secretary; or
(4) to non-Federal projects contributing to the overall
security of an individual port or the system of ports in the
United States, as determined by the Secretary.
(b) Grantee Selection.--In awarding grants under this Act, the
Secretary shall--
(1) take into account national economic and strategic
defense considerations of individual ports;
(2) strongly encourage efforts to promote--
(A) integration of port-wide security, including
supply chain initiatives;
(B) information and intelligence sharing; and
(C) joint efforts, such as joint operations
centers, among all port stakeholders; and
(3) consider funding major projects in phases over multiple
years.
(c) Multiple Phase Projects.--
(1) Funding limitation.--Not more than 20 percent of the
total grant funds awarded under this section in any fiscal year
may be awarded for projects that span multiple years.
(2) Priority.--In determining grant recipients under this
section, the Secretary may give preference to continuing to
fund multiyear projects that have previously received funding
under this section.
(d) Use of Funds.--Grants awarded under this section may be used--
(1) to mitigate risks, as identified by the Secretary;
(2) to help implement Area Maritime Transportation Security
Plans required under section 70103(b) of title 46, United
States Code;
(3) to correct port security vulnerabilities identified
through vulnerability assessments approved by the Secretary;
(4) for the salaries, benefits, overtime compensation, and
other costs of additional security personnel for State and
local agencies for activities required by the Area Maritime
Security Plan for a port area if--
(A) the Secretary increases the threat level under
the Homeland Security Advisory System to Code Orange or
Code Red;
(B) the Commandant of the Coast Guard raises the
Maritime Security level to MARSEC Level 2 or 3; or
(C) the Secretary otherwise authorizes such costs;
(5) for the cost of acquisition, operation, and maintenance
of equipment that contributes to the overall security of the
port area, as identified in the Area Maritime Security Plan if
the need is based upon vulnerability assessments approved by
the Secretary or identified in the Area Maritime Security Plan;
(6) to purchase or upgrade equipment, including computer
software;
(7) to establish or enhance mechanisms for information
sharing, including classified information;
(8) to develop joint operations centers (as described in
section 14) that bring together Federal, State, and local
officials and stakeholders into a common operation center that
is focused on area maritime and cargo security;
(9) to conduct vulnerability assessments approved by the
Secretary; and
(10) to conduct port-wide exercises to strengthen emergency
preparedness of Federal, State, and local officials responsible
for port security, including law enforcement personnel and
firefighters and other first responders, in support of the Area
Maritime Security Plan.
(e) Prohibited Uses.--Grants awarded under this section may not be
used to--
(1) construct buildings or other physical facilities,
except those otherwise authorized under section 611 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), including those facilities in support
of subsection (d)(5), and specifically approved by the
Secretary; or
(2) acquire land, unless such use is specifically approved
by the Secretary in support of subsection (d)(5).
(f) Matching Requirements.--Except as provided in paragraph (2),
Federal funds for any eligible project under this section shall be
determined by the Secretary.
(g) Application.--
(1) In general.--Any entity subject to an Area Maritime
Transportation Security Plan may submit an application for a
grant under this section, at such time, in such form, and
containing such information and assurances as the Secretary,
working through the Office for Domestic Preparedness, may
require.
(2) Minimum standards for payment or reimbursement.--Each
application submitted under paragraph (1) shall include--
(A) a comprehensive description of--
(i) the need for the project;
(ii) the methodology for coordinating the
project into the security of the greater port
area, as identified in the Area Maritime
Security Plan;
(iii) any existing cooperation agreements
with other port facilities, vessels, or
organizations that benefit security of the
entire port; and
(iv) the applicability of the project to
the Area Maritime Transportation Security Plan;
and
(B) a determination by the Captain of the Port that
the security project--
(i) addresses or corrects port security
vulnerabilities identified by the Coast Guard,
or through port security vulnerability
assessments approved by the Secretary; and
(ii) helps to ensure compliance with the
Area Maritime Transportation Security Plan.
(3) Procedural safeguards.--The Secretary, in consultation
with the Office of the Inspector General, shall issue
guidelines to establish appropriate accounting, reporting, and
review procedures to ensure that--
(A) grant funds are used for the purposes for which
they were made available;
(B) grantees have properly accounted for all
expenditures of grant funds; and
(C) grant funds not used for such purposes and
amounts not obligated or expended are returned.
(4) Project approval required.--The Secretary may not award
a grant under this section unless the Secretary determines
that--
(A) the project to be carried out with such grant
funding--
(i) is consistent with vulnerability
assessments approved by the Secretary;
(ii) supports cooperation or integration of
Federal, State, local, and industry
stakeholders in the port area; and
(iii) helps to implement the Area Maritime
Transportation Security Plan;
(B) sufficient funding is available to meet the
matching requirement described under subsection (d);
(C) the project will be completed without
unreasonable delay; and
(D) the recipient has authority to carry out the
proposed project.
(h) Coordination and Cooperation.--The Secretary--
(1) shall ensure that all projects that receive grant
funding under this section within any area defined in an Area
Maritime Transportation Security Plan are coordinated with
other projects in such area; and
(2) may require cooperative agreements among users of the
port and port facilities with respect to projects funded under
this section.
(i) Audits and Examinations.--All grantees under this section shall
maintain such records as the Secretary may require and make such
records available for review and audit by the Secretary, the
Comptroller General of the United States, or the Inspector General of
the Department.
(j) Annual Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until October 1, 2013,
the Secretary shall submit an unclassified report describing the
progress made in meeting the objectives of the port security grant
program established under this section to appropriate congressional
committees.
(k) Risk Assessments.--The Secretary shall make available to grant
applicants a risk assessment tool, which uses standardized risk
criteria, such as the Maritime Security Risk Assessment Model used by
the Coast Guard.
SEC. 17. DEADLINE FOR TRANSPORTATION SECURITY CARDS.
Section 70105 of title 46, United States Code, is amended--
(1) in subsection (a)(1), by striking ``The Secretary shall
prescribe'' and inserting ``Not later than December 1, 2006,
the Secretary shall prescribe final''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``The Secretary
shall prescribe'' and inserting ``Not later than
December 1, 2006, the Secretary shall prescribe
final''; and
(B) in paragraph (3), by striking ``The Secretary''
and inserting ``Not later than December 1, 2006, the
Secretary''.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) Improvements to Automated Targeting System.--There are
authorized to be appropriated $5,000,000 for each of the fiscal years
2007 through 2012 to carry out the provisions of section 6(a).
(b) Office of Cargo Security Policy.--There are authorized to be
appropriated for each of the fiscal years 2007 through 2012--
(1) $4,000,000 to carry out the amendment made by section
8(c); and
(2) $1,000,000 to carry out the provisions of section 8(d).
(c) Container Security Initiative.--There are authorized to be
appropriated $175,000,000 for each of the fiscal years 2007 through
2012 to carry out the provisions of section 11.
(d) Customs-Trade Partnership Against Terrorism.--There are
authorized to be appropriated $75,000,000 for each of the fiscal years
2007 through 2012 to carry out the provisions of section 12.
(e) GreenLane Designation.--There are authorized to be appropriated
$50,000,000 for each of the fiscal years 2007 through 2012 to carry out
the provisions of section 13.
(f) Incident Response.--
(1) In general.--There are authorized to be appropriated
$100,000,000 for each of the fiscal years 2007 through 2012 to
carry out the provisions of section 14.
(2) Budget analysis.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit a
budget analysis for implementing the provisions of section 14,
including additional cost-sharing arrangements with other
Federal departments and other participants involved in the
joint operation centers, to appropriate congressional
committees.
(g) Operation Safe Commerce.--There are authorized to be
appropriated $25,000,000 for each of fiscal years 2007 through 2012 to
carry out the provisions of section 15(d).
(h) Port Security Grant Program.--There are authorized to be
appropriated $400,000,000 for each of fiscal years 2007 through 2012 to
carry out the grant program established under section 16.
(i) Other Provisions.--There are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2007 through 2012 to
carry out the provisions of this Act not otherwise provided for under
this section.
(j) Source of Funds.--Amounts authorized to be appropriated under
this section shall originate from duties collected by United States
Customs and Border Protection.
Calendar No. 424
109th CONGRESS
2d Session
S. 2459
_______________________________________________________________________
A BILL
To improve cargo security, and for other purposes.
_______________________________________________________________________
May 5, 2006
Reported with an amendment