Calendar No. 432
109th CONGRESS
2d Session
H. R. 4954
IN THE SENATE OF THE UNITED STATES
May 16, 2006
Read the second time and placed on the calendar
AN ACT
To improve maritime and cargo security through enhanced layered
defenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Security and Accountability
For Every Port Act' or `SAFE Port Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SECURITY OF UNITED STATES SEAPORTS
Subtitle A--General Provisions
Sec. 101. Definition of transportation security incident.
Sec. 102. Protocols for resumption of trade.
Sec. 103. Requirements relating to maritime facility security plans.
Sec. 104. Unannounced inspections of maritime facilities.
Sec. 105. Verification of individuals with access to secure areas of seaports.
Sec. 106. Clarification on eligibility for transportation security cards.
Sec. 107. Enhanced crewmember identification.
Sec. 108. Long-range vessel tracking.
Sec. 109. Maritime security command centers.
Subtitle B--Grant and Training Programs
Sec. 111. Port security grant program.
Sec. 112. Port security training program.
Sec. 113. Port security exercise program.
Subtitle C--Miscellaneous Provisions
Sec. 121. Increase in port of entry inspection officers.
Sec. 123. Border Patrol unit for United States Virgin Islands.
Sec. 124. Report on ownership and operation of United States seaports.
Sec. 125. Report on security operations at certain United States seaports.
Sec. 126. Report on arrival and departure manifests for certain commercial
vessels in the United States Virgin Islands.
Sec. 127. Center of Excellence for Maritime Domain Awareness.
Sec. 128. Report on security and trade at United States land ports.
TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
Sec. 201. Security of the international supply chain.
Sec. 202. Next generation supply chain security technologies.
Sec. 203. International trade data system.
Sec. 204. Foreign port assessments.
Sec. 205. Pilot program to improve the security of empty containers.
Sec. 206. Study and report on advanced imagery pilot programs.
Sec. 207. Report on National Targeting Center.
Sec. 208. Integrated Container Inspection System Pilot Project.
TITLE III--DIRECTORATE FOR POLICY, PLANNING, AND INTERNATIONAL AFFAIRS
Sec. 301. Establishment of Directorate.
Sec. 302. Study and report on customs revenue functions.
TITLE IV--OFFICE OF DOMESTIC NUCLEAR DETECTION
Sec. 401. Establishment of Office.
Sec. 402. Nuclear and radiological detection systems.
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.
(2) In 2004, maritime vessels carried approximately 9,700,000 shipping
containers into United States seaports at an average of 27,000 containers
per day.
(3) The security of the international container supply chain and the maritime
transportation system is critical for the prosperity and liberty of all
countries.
(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 May 2002, the Brookings Institution estimated that costs associated
with United States port closures from a detonated terrorist weapon could
add up to $1 trillion from the resulting economic slump and changes in
our Nation's inability to trade. Anticipated port closures on the west
coast of the United States could cost the United States economy $1 billion
per day for the first five days after a terrorist attack.
(6) Significant steps have been taken since the terrorist attacks against
the United States that occurred on September 11, 2001:
(A) Congress passed the Maritime Transportation Security Act of 2002
on November 14, 2002.
(B) The Coast Guard issued a comprehensive set of port security regulations
on October 22, 2003.
(C) The International Maritime Organization adopted the International
Ship and Port Facility (ISPS) Code in December 2002.
(D) The White House issued Homeland Security Presidential Directive-13
in September 2005 which lays out requirements for a comprehensive maritime
security policy.
(7) Through both public and private projects, the private sector in the
United States and overseas has worked with the Department of Homeland
Security to improve the security of the movement of cargo through the
international supply chain.
(8) Despite these steps, security gaps in the maritime transportation
system remain, resulting in high-risk container systems not being checked
overseas or domestically and ports that are vulnerable to terrorist attacks
similar to the attack on the U.S.S. Cole.
(9) Significant enhancements can be achieved by applying a multi-layered
approach to supply chain security, in a coordinated fashion. Current supply
chain programs within the Federal Government have been independently operated,
often falling short of gains which could have been made if such programs
were operated in a coordinated manner with clear system standards and
a framework that creates incentives for security investments.
(10) While it is impossible to completely remove the risk of a terrorist
attack, security measures in the supply chain 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, counterterrorism measures also present an
opportunity to increase the efficiency of the global trade system through
international harmonization of such measures. These efficiency gains are
maximized when all countries adopt such counterterrorism measures.
(11) Increasing transparency in the supply chain will assist in mitigating
the impact of a terrorist attack by allowing for a targeted shutdown of
the international supply chain and expedited restoration of commercial
traffic.
(12) International trade is vital to the Nation's economy and the well-being
and livelihood of United States citizens.
(13) The Department of Homeland Security's missions, including those related
to United States and international borders, involve both building security
for United States citizens and facilitating legitimate trade that is critical
to the Nation.
(14) In creating the Department of Homeland Security, Congress clearly
mandated in section 412(b) of the Homeland Security Act of 2002 (6 U.S.C.
212(b)) that the customs revenue functions described in paragraph (2)
of such section shall not be diminished.
SEC. 3. DEFINITIONS.
(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) DEPARTMENT- The term `Department' means the Department of Homeland
Security.
(3) INTERNATIONAL SUPPLY CHAIN- The term `international supply chain'
means the end-to-end process for shipping goods from a point of origin
overseas to and from the United States.
(4) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
TITLE I--SECURITY OF UNITED STATES SEAPORTS
Subtitle A--General Provisions
SEC. 101. DEFINITION OF TRANSPORTATION SECURITY INCIDENT.
Section 70101(6) of title 46, United States Code, is amended by inserting
after `economic disruption' the following `(other than economic disruption
caused by acts that are unrelated to terrorism and are committed during
a labor strike, demonstration, or other type of labor unrest)'.
SEC. 102. PROTOCOLS FOR RESUMPTION OF TRADE.
(a) In General- Section 70103(a)(2)(J) of title 46, United States Code,
is amended--
(1) by striking `(J)' and inserting `(J)(i)'; and
(2) by adding at the end the following new clause:
`(ii) The plan required by clause (i) shall include 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 ensures trade lanes are restored as quickly as possible.
The protocols shall be developed by the Secretary, in consultation with
appropriate Federal, State, and local officials, including the Coast Guard
Captain of the Port involved in the transportation security incident,
and representatives of the maritime industry. The protocols shall provide
for--
`(I) coordination with appropriate Federal, State, and local agencies,
the private sector, and appropriate overseas entities in developing
such contingency and continuity planning;
`(II) coordination with appropriate Federal, State, and local agencies
and the private sector on law enforcement actions, inter-modal rerouting
plans, and identification and prioritization of goods that may enter
the United States; and
`(III) designation of appropriate Federal officials to work with port
authorities to reestablish the flow of cargo by prioritizing shipments
based on appropriate factors, including factors relating to public health,
national security, and economic need.'.
(b) Effective Date- The Secretary of Homeland Security shall develop the
protocols described in section 70103(a)(2)(J)(ii) of title 46, United States
Code, as added by subsection (a), not later than 180 days after the date
of the enactment of this Act.
SEC. 103. REQUIREMENTS RELATING TO MARITIME FACILITY SECURITY PLANS.
(a) Facility Security Plans- Section 70103(c)(3) of title 46, United States
Code, is amended--
(1) in subparagraph (F), by striking `and' at the end;
(2) in subparagraph (G), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following new subparagraph:
`(H) in the case of a security plan for a facility, be resubmitted for
approval of each change in the ownership or operator of the facility that
may substantially affect the security of the facility.'.
(b) Facility Security Officers- Section 70103(c) of title 46, United States
Code, is amended by adding at the end the following:
`(8)(A) The Secretary shall require that the qualified individual having
full authority to implement security actions for a facility described in
paragraph (2) shall be a citizen of the United States.
`(B) The Secretary may waive the requirement of subparagraph (A) with respect
to an individual if the Secretary determines that it is appropriate to do
so based on a complete background check of the individual and a review of
all terrorist watchlists to ensure that the individual is not identified
on any such terrorist watchlist.'.
(c) Facility Security Access- Section 70103(c)(3)(C)(ii) of title 46, United
States Code, is amended by adding at the end before the semicolon the following:
`, including access by individuals engaged in the surface transportation
of intermodal containers in or out of a port facility'.
SEC. 104. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.
Subparagraph (D) of section 70103(c)(4) of title 46, United States Code,
is amended to read as follows:
`(D) verify the effectiveness of each such facility security plan periodically,
but not less than twice annually, at least one of which shall be an inspection
of the facility that is conducted without notice to the facility.'.
SEC. 105. VERIFICATION OF INDIVIDUALS WITH ACCESS TO SECURE AREAS OF SEAPORTS.
(a) Implementation of Requirements- Notwithstanding any other provision
of law, the Secretary of Homeland Security shall--
(1) not later than July 15, 2006, issue a notice of proposed rulemaking
for regulations required to implement section 70105 of title 46, United
States Code;
(2) not later than November 15, 2006, issue final regulations required
to implement that section; and
(3) begin issuing transportation security cards to individuals at seaports
facilities under subsection (b) of that section in accordance with the
schedule contained in subsection (b)(2) of this section.
(b) Transportation Security Cards-
(1) MANAGEMENT- Final regulations issued under subsection (a)(2) shall
provide for Federal management of the system for issuing transportation
security cards.
(2) SCHEDULE FOR ISSUING TRANSPORTATION SECURITY CARDS AT SEAPORTS-
(A) Not later than May 15, 2007, the Secretary shall begin issuing transportation
security cards to individuals at the first 25 seaport facilities listed
on the facility vulnerability assessment issued by the Secretary under
section 70102 of title 46, United States Code.
(B) Not later than November 15, 2007, the Secretary shall begin issuing
transportation security cards to individuals at the next 30 seaport
facilities listed on that assessment.
(C) Not later than November 15, 2008, the Secretary shall issue transportation
security cards to individuals at all other seaport facilities.
(c) Interim Verification of Individuals-
(1) TERRORIST WATCH LIST COMPARISON AND IMMIGRATION RECORDS CHECK- Not
later than 90 days after the date of enactment of this Act, the Secretary
shall--
(A) complete a comparison of each individual who has unescorted access
to a secure area of a seaport facility (as designated in an approved
facility security plan in accordance with section 70103(c) of title
46, United States Code) against terrorist watch lists to determine if
the individual poses a threat; and
(B) determine whether each such individual may be denied admission to
the United States, or removed from the United States, under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(2) CONTINUING REQUIREMENT- In the case of an individual who is given
unescorted access to a secure area of a seaport facility after the date
on which the Secretary completes the requirements of paragraph (1) and
before the date on which the Secretary begins issuing transportation security
cards at the seaport facility, the Secretary shall conduct a comparison
of the individual against terrorist watch lists and determine whether
the individual is lawfully present in the United States.
(3) INTERIM FINAL REGULATIONS- In order to carry out this subsection,
the Secretary shall issue interim final regulations to require submission
to the Secretary of information necessary to carry out the requirements
of paragraph (1).
(4) PRIVACY REQUIREMENTS- Terrorist watch list comparisons and immigration
records checks under this subsection shall be carried out in accordance
with the requirements of section 552a of title 5, United States Code.
(5) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION-
(A) RESTRICTION ON DISCLOSURE- Information obtained by the Secretary
in the course of comparing the individual against terrorist watch lists
under this subsection may not be made available to the public, including
the individual's employer.
(B) CONFIDENTIALITY; USE- Any information constituting grounds for prohibiting
the employment of an individual in a position described in paragraph
(1)(A) shall be maintained confidentially by the Secretary and may be
used only for making determinations under this section. The Secretary
may share any such information with appropriate Federal, State, local,
and tribal law enforcement agencies.
(6) TERRORIST WATCH LISTS DEFINED- In this subsection, the term `terrorist
watch lists' means all available information on known or suspected terrorists
or terrorist threats.
(d) Reporting- Not later than 120 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate congressional committees
a report containing information on--
(1) the number of matches made in conducting terrorist watch list comparisons,
and the number of individuals found to be unlawfully present in the United
States, under subsection (c);
(2) the corresponding seaport facilities at which the matches and unlawfully
present individuals were identified; and
(3) the actions taken as a result of the terrorist watchlist comparisons
and immigration records checks under subsection (c).
(e) Treatment of Individuals Receiving Hazardous Materials Endorsements-
(1) IN GENERAL- To the extent the Secretary determines that the background
records check conducted under section 5103a of title 49, United States
Code, and the background records check conducted under section 70105 of
title 46, United States Code, are equivalent, the Secretary shall determine
that an individual does not pose a risk warranting denial of a transportation
security card issued under section 70105 of title 46, United States Code,
if such individual--
(A) has successfully completed a background records check under section
5103a of title 49, United States Code; and
(B) possesses a current and valid hazardous materials endorsement in
accordance with section 1572 of title 49, Code of Federal Regulations.
(2) LIMITATIONS- Notwithstanding paragraph (1), the Secretary may deny
an individual a transportation security card under section 70105 of title
46, United States Code, if the Secretary has substantial evidence that
the individual poses a risk to national security.
(3) REDUCTION IN FEES- The Secretary shall reduce, to the extent practicable,
any fees associated with obtaining a transportation security card under
section 70105 of title 46, United States Code, for any individual referred
to in paragraph (1).
(f) Authorization of Appropriations- There is authorized to be appropriated
$20,000,000 for fiscal year 2007 to carry out this section.
SEC. 106. CLARIFICATION ON ELIGIBILITY FOR TRANSPORTATION SECURITY CARDS.
Section 70105(c)(2) of title 46, United States Code, is amended by inserting
`subparagraph (A), (B), or (D) of' before `paragraph (1)'.
SEC. 107. ENHANCED CREWMEMBER IDENTIFICATION.
Section 70111 of title 46, United States Code, is amended--
(1) in subsection (a) by striking `The' and inserting `Not later than
May 15, 2007, the'; and
(2) in subsection (b) by striking `The' and inserting `Not later than
May 15, 2007, the'.
SEC. 108. LONG-RANGE VESSEL TRACKING.
(a) Regulations- Section 70115 of title 46, United States Code is amended
in the first sentence by striking `The Secretary' and inserting `Not later
than April 1, 2007, the Secretary'.
(b) Voluntary Program- The Secretary of Homeland Security may issue regulations
to establish a voluntary long-range automated vessel tracking system for
vessels described in section 70115 of title 46, United States Code, during
the period before regulations are issued under subsection (a) of such section.
SEC. 109. MARITIME SECURITY COMMAND CENTERS.
(a) In General- Chapter 701 of title 46, United States Code, is amended
by adding at the end the following new section:
`Sec. 70122. Maritime security command centers
`(a) Establishment- The Secretary, in consultation with appropriate Federal,
State, and local officials, shall establish an integrated network of virtual
and physical maritime security command centers at appropriate United States
seaports and maritime regions, as determined by the Secretary, to--
`(1) enhance information sharing;
`(2) facilitate day-to-day operational coordination; and
`(3) in the case of a transportation security incident, facilitate incident
management and response.
`(b) Characteristics- Each maritime security command center described in
subsection (a) shall--
`(1) be regionally based and utilize where available the compositional
and operational characteristics, facilities and information technology
systems of current operational centers for port and maritime security
and other similar existing facilities and systems;
`(2) be adapted to meet the security needs, requirements, and resources
of the seaport and maritime region the center will cover; and
`(3) to the maximum extent practicable, not involve the construction of
new facilities, but shall utilize information technology, virtual connectivity,
and existing facilities to create an integrated, real-time communication
and information sharing network.
`(1) FEDERAL PARTICIPATION- The following entities shall participate in
the integrated network of maritime security command centers described
in subsection (a):
`(B) U.S. Customs and Border Protection.
`(C) U.S. Immigration and Customs Enforcement.
`(D) Other appropriate Federal agencies.
`(2) STATE AND LOCAL PARTICIPATION- Appropriate State and local law enforcement
agencies may participate in the integrated network of maritime security
command centers described in subsection (a).
`(d) Responsibilities- Each maritime security command center described in
subsection (a) shall--
`(1) assist, as appropriate, in the implementation of maritime transportation
security plans developed under section 70103;
`(2) implement the transportation security incident response plans required
under section 70104;
`(3) carry out information sharing activities consistent with those activities
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 short- and long-range vessel tracking under sections 70114
and 70115; and
`(5) carry out such other responsibilities as determined by the Secretary.
`(e) Security Clearances- The Secretary shall sponsor and expedite individuals
participating in a maritime security command center described in subsection
(a) 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 in a maritime security command center described in subsection
(a) shall act as the incident commander, unless otherwise directed by the
President.
`(g) Rule of Construction- Nothing in this section shall be construed to
affect the normal command and control procedures for operational entities
in the Department, unless so directed by the Secretary.
`(h) Authorization of Appropriations- There are authorized to be appropriated
$60,000,000 for each of the fiscal years 2007 through 2012 to carry out
this section and section 108(c) of the Security and Accountability For Every
Port Act.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
701 of title 46, United States Code, is amended by adding at the end the
following:
`70122. Maritime security command centers.'.
(c) Implementation Plan and Budget Analysis- The Secretary of Homeland Security
shall submit to the appropriate congressional committees a plan for the
implementation of section 70122 of title 46, United States Code, as added
by subsection (a), and a budget analysis for the implementation of such
section, including additional cost-sharing arrangements with other Federal
departments and agencies and other participants involved in the maritime
security command centers described in such section, not later than 180 days
after the date of the enactment of this Act.
Subtitle B--Grant and Training Programs
SEC. 111. PORT SECURITY GRANT PROGRAM.
(a) In General- Title V of the Homeland Security Act of 2002 (6 U.S.C. 311
et seq.) is amended--
(1) by redesignating the second section 510 (as added by section 7303(d)
of Public Law 108-458 (118 Stat. 3844)) as section 511; and
(2) by adding at the end the following new section:
`SEC. 512. PORT SECURITY GRANT PROGRAM.
`(a) Grants Authorized- The Secretary shall establish a grant program to
allocate Federal financial assistance to United States seaports on the basis
of risk and need.
`(b) Prioritization Process- In awarding grants under this section, the
Secretary shall conduct an assessment of United States seaports to develop
a prioritization for awarding grants authorized under subsection (a) based
upon--
`(1) the most current risk assessment available from the Department;
`(2) the national economic and strategic defense considerations of individual
ports; and
`(3) any other factors that the Secretary determines to be appropriate.
`(1) IN GENERAL- Any entity or facility subject to an Area Maritime Transportation
Security Plan required under subsection (b) or (c) of section 70103 of
title 46, United States Code, 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 may require.
`(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT- Each application
submitted under paragraph (1) shall include--
`(A) a comprehensive description of--
`(i) the purpose of the project for which the applicant seeks a grant
under this section and why the applicant needs the grant;
`(ii) the applicability of the project to the Area Maritime Transportation
Security Plan and other homeland security plans;
`(iii) the methodology for coordinating the project into the security
of the greater port area, as identified in the Area Maritime Transportation
Security Plan;
`(iv) any existing cooperation or mutual aid agreements with other
port facilities, vessels, organizations, or State, territorial, and
local governments as such agreements relate to port security; and
`(v) a capital budget showing how the applicant intends to allocate
and expend the grant funds;
`(B) a determination by the Captain of the Port that the project--
`(i) addresses or corrects port security vulnerabilities; 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 and the Office of Grants and Training, 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.
`(d) Use of Funds- Grants awarded under this section may be used--
`(1) to help implement Area Maritime Transportation Security Plans required
under section 70103(b) of title 46, United States Code, or the vessel
or facility security plans required under section 70103(c) of title 46,
United States Code;
`(2) to remedy port security vulnerabilities identified through vulnerability
assessments approved by the Secretary;
`(3) for non-Federal projects contributing to the overall security of
a seaport or a system of United States seaports, as determined 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 Transportation Security Plan for a seaport
area if the Secretary--
`(A) increases the threat level under the Homeland Security Advisory
System to Code Orange or Code Red; or
`(B) raises the Maritime Security level to MARSEC Level 2 or 3;
`(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 Transportation Security Plan, if the need is based
upon vulnerability assessments approved by the Secretary or identified
in the Area Maritime Security Plan;
`(6) to conduct vulnerability assessments approved by the Secretary;
`(7) to purchase or upgrade equipment, including communications equipment
that is interoperable with Federal, State, and local agencies and computer
software, to enhance terrorism preparedness;
`(8) to conduct exercises or training for prevention and detection of,
preparedness for, response to, or recovery from terrorist attacks;
`(9) to establish or enhance mechanisms for sharing terrorism threat information
and to ensure that the mechanisms are interoperable with Federal, State,
and local agencies;
`(10) for the cost of equipment (including software) required to receive,
transmit, handle, and store classified information;
`(11) for the protection of critical infrastructure against potential
attack by the addition of barriers, fences, gates, and other such devices,
except that the cost of such measures may not exceed the greater of--
`(A) $1,000,000 per project; or
`(B) such greater amount as may be approved by the Secretary, which
may not exceed 10 percent of the total amount of the grant;
`(12) to conduct port-wide exercises to strengthen emergency preparedness
of Federal, State, territorial, 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; and
`(13) for the purpose of enhancing supply-chain security at truck inspection
stations in or near high volume seaports in coordination with States and
local government.
`(e) Reimbursement of Costs- An applicant for a grant under this section
may petition the Secretary for the reimbursement of the cost of any activity
relating to prevention (including detection) of, preparedness for, response
to, or recovery from acts of terrorism that is a Federal duty and usually
performed by a Federal agency, and that is being performed by a State or
local government (or both) under agreement with a Federal agency.
`(f) Prohibited Uses- Grants awarded under this section may not be used
to--
`(1) supplant State or local funds for activities of the type described
in subsection (d);
`(2) construct buildings or other physical facilities;
`(4) make any State or local government cost-sharing contribution.
`(g) Matching Requirement-
`(1) IN GENERAL- Except as provided in subparagraph (A) or (B) of paragraph
(2), Federal funds for any eligible project under this section shall not
exceed 75 percent of the total cost of such project.
`(A) SMALL PROJECTS- The requirement of paragraph (1) shall not apply
with respect to a project with a total cost of not more than $25,000.
`(B) HIGHER LEVEL OF FEDERAL SUPPORT REQUIRED- The requirement of paragraph
(1) shall not apply with respect to a project if the Secretary determines
that the project merits support and cannot be undertaken without a higher
rate of Federal support than the rate described in paragraph (1).
`(3) IN-KIND CONTRIBUTIONS- Each recipient of a grant under this section
may meet the requirement of paragraph (1) by making in-kind contributions
of goods or services that are directly linked with the purpose for which
the grant is made, as determined by the Secretary, including any necessary
personnel expenses, contractor services, administrative costs, equipment,
fuel, or maintenance, and rental space.
`(h) Multiple Phase Projects-
`(1) IN GENERAL- The Secretary may award grants under this section for
projects that span multiple years.
`(2) 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.
`(i) Consistency With Plans- The Secretary shall ensure that each grant
awarded under this section--
`(1) is used to supplement and support, in a consistent and coordinated
manner, the applicable Area Maritime Transportation Security Plan; and
`(2) is coordinated with any applicable State or Urban Area Homeland Security
Plan.
`(j) 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 seaport and
seaport facilities with respect to projects funded under this section.
`(k) Review and Audits- The Secretary shall require all grantees under this
section to 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.
`(l) Quarterly Reports Required as a Condition of Homeland Security Grants-
`(1) EXPENDITURE REPORTS REQUIRED- As a condition of receiving a grant
under this section, the Secretary shall require the grant recipient to
submit quarterly reports to the Secretary that describe each expenditure
made by the recipient using grant funds.
`(2) DEADLINE FOR REPORTS- Each report required under paragraph (1) shall
be submitted not later than 30 days after the last day of a fiscal quarter
and shall describe expenditures made during that fiscal quarter.
`(3) PUBLICATION OF EXPENDITURES-
`(A) IN GENERAL- Not later than one week after receiving a report under
this subsection, the Secretary shall publish and make publicly available
on the Internet website of the Department a description of each expenditure
described in the report.
`(B) WAIVER- The Secretary may waive the requirement of subparagraph
(A) if the Secretary determines that it is in the national security
interests of the United States to do so.
`(m) Authorization of Appropriations-
`(1) IN GENERAL- There are authorized to be appropriated $400,000,000
for each of fiscal years 2007 through 2012 to carry out this section.
`(2) SOURCE OF FUNDS- Amounts authorized to be appropriated under paragraph
(1) shall originate from duties collected by U.S. Customs and Border Protection.'.
(b) Clerical Amendment- The table of contents in section 1(b) of the Homeland
Security Act of 2002 (116 Stat. 2135) is amended by inserting after the
item relating to section 509 the following:
`Sec. 510. Procurement of security countermeasures for strategic national
stockpile.
`Sec. 511. Urban and other high risk area communications capabilities.
`Sec. 512. Port security grant program.'.
(1) IN GENERAL- Section 70107 of title 46, United States Code, is hereby
repealed.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
701 of title 46, United States Code, is amended by striking the item relating
to section 70107.
SEC. 112. PORT SECURITY TRAINING PROGRAM.
(a) In General- Subtitle A of title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361) is amended by adding at the end the following new section:
`SEC. 802. PORT SECURITY TRAINING PROGRAM.
`(a) In General- The Secretary, acting through the Assistant Secretary for
Grants and Training and in coordination with components of the Department
with maritime security expertise, including the Coast Guard, the Transportation
Security Administration, and U.S. Customs and Border Protection, shall establish
a Port Security Training Program (hereinafter in this section referred to
as the `Program') for the purpose of enhancing the capabilities of each
of the Nation's commercial seaports to prevent, prepare for, respond to,
mitigate against, and recover from threatened or actual acts of terrorism,
natural disasters, and other emergencies.
`(b) Requirements- The Program shall provide validated training that--
`(1) reaches multiple disciplines, including Federal, State, and local
government officials, commercial seaport personnel and management, and
governmental and nongovernmental emergency response providers;
`(2) provides training at the awareness, performance, and management and
planning levels;
`(3) utilizes multiple training mediums and methods, including--
`(C) computer-based training;
`(D) web-based training; and
`(E) video teleconferencing;
`(4) addresses port security topics, including--
`(A) seaport security plans and procedures, including how security plans
and procedures are adjusted when threat levels increase;
`(B) seaport security force operations and management;
`(C) physical security and access control at seaports;
`(D) methods of security for preventing and countering cargo theft;
`(F) recognition and detection of weapons, dangerous substances, and
devices;
`(G) operation and maintenance of security equipment and systems;
`(H) security threats and patterns;
`(I) security incident procedures, including procedures for communicating
with governmental and nongovernmental emergency response providers;
and
`(J) evacuation procedures;
`(5) is consistent with, and supports implementation of, the National
Incident Management System, the National Response Plan, the National Infrastructure
Protection Plan, the National Preparedness Guidance, the National Preparedness
Goal, and other such national initiatives;
`(6) is evaluated against clear and consistent performance measures;
`(7) addresses security requirements under facility security plans; and
`(8) educates, trains, and involves populations of at-risk neighborhoods
around ports, including training on an annual basis for neighborhoods
to learn what to be watchful for in order to be a `citizen corps', if
necessary.
`(c) National Voluntary Consensus Standards- The Secretary shall--
`(1) support the development, promulgation, and regular updating as necessary
of national voluntary consensus standards for port security training;
and
`(2) ensure that the training provided under this section is consistent
with such standards.
`(d) Training Partners- In developing and delivering training under the
Program, the Secretary shall--
`(1) work with government training facilities, academic institutions,
private organizations, employee organizations, and other entities that
provide specialized, state-of-the-art training for governmental and nongovernmental
emergency responder providers or commercial seaport personnel and management;
and
`(2) utilize, as appropriate, training courses provided by community colleges,
public safety academies, State and private universities, and other facilities.
`(e) Consultation- The Secretary shall ensure that, in carrying out the
Program, the Office of Grants and Training shall consult with--
`(1) a geographic and substantive cross section of governmental and nongovernmental
emergency response providers; and
`(2) commercial seaport personnel and management.
`(f) Commercial Seaport Personnel Defined- For purposes of this section,
the term `commercial seaport personnel' means any person engaged in an activity
relating to the loading or unloading of cargo, the movement or tracking
of cargo, the maintenance and repair of intermodal equipment, the operation
of cargo-related equipment (whether or not integral to the vessel), and
the handling of mooring lines on the dock when a vessel is made fast or
let go, in the United States or the coastal waters thereof.'.
(b) Clerical Amendment- The table of contents in section 1(b) of the Homeland
Security Act of 2002 (116 Stat. 2135) is amended by inserting after the
item relating to section 801 the following:
`Sec. 802. Port security training program.'.
(c) Vessel and Facility Security Plans- Section 70103(c)(3) of title 46,
United States Code, is amended--
(1) in subparagraph (E), by striking `the training, periodic unannounced
drills, and';
(2) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and
(H), respectively; and
(3) by inserting after subparagraph (E) the following new subparagraph:
`(F) provide a strategy and timeline for conducting training and periodic
unannounced drills for persons on the vessel or at the facility to be
carried out under the plan to deter, to the maximum extent practicable,
a transportation security incident or a substantial threat of such a transportation
security incident;'.
SEC. 113. PORT SECURITY EXERCISE PROGRAM.
(a) In General- Subtitle A of title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361), as amended by section 112, is further amended by adding
at the end the following new section:
`SEC. 803. PORT SECURITY EXERCISE PROGRAM.
`(a) In General- The Secretary, acting through the Assistant Secretary for
Grants and Training, shall establish a Port Security Exercise Program (hereinafter
in this section referred to as the `Program') for the purpose of testing
and evaluating the capabilities of Federal, State, local, and foreign governments,
commercial seaport personnel and management, governmental and nongovernmental
emergency response providers, the private sector, or any other organization
or entity, as the Secretary determines to be appropriate, to prevent, prepare
for, mitigate against, respond to, and recover from acts of terrorism, natural
disasters, and other emergencies at commercial seaports.
`(b) Requirements- The Secretary, acting through the Assistant Secretary
for Grants and Training and in coordination with components of the Department
with maritime security expertise, including the Coast Guard, the Transportation
Security Administration, and U.S. Customs and Border Protection, shall ensure
that the Program--
`(1) consolidates all existing port security exercise programs administered
by the Department;
`(2) conducts, on a periodic basis, port security exercises at commercial
seaports that are--
`(A) scaled and tailored to the needs of each port;
`(B) live in the case of the most at-risk ports;
`(C) as realistic as practicable and based on current risk assessments,
including credible threats, vulnerabilities, and consequences;
`(D) consistent with the National Incident Management System, the National
Response Plan, the National Infrastructure Protection Plan, the National
Preparedness Guidance, the National Preparedness Goal, and other such
national initiatives;
`(E) evaluated against clear and consistent performance measures;
`(F) assessed to learn best practices, which shall be shared with appropriate
Federal, State, and local officials, seaport personnel and management;
governmental and nongovernmental emergency response providers, and the
private sector; and
`(G) followed by remedial action in response to lessons learned; and
`(3) assists State and local governments and commercial seaports in designing,
implementing, and evaluating exercises that--
`(A) conform to the requirements of paragraph (2); and
`(B) are consistent with any applicable Area Maritime Transportation
Security Plan and State or Urban Area Homeland Security Plan.
`(c) Remedial Action Management System- The Secretary, acting through the
Assistant Secretary for Grants and Training, shall establish a Remedial
Action Management System to--
`(1) identify and analyze each port security exercise for lessons learned
and best practices;
`(2) disseminate lessons learned and best practices to participants in
the Program;
`(3) monitor the implementation of lessons learned and best practices
by participants in the Program; and
`(4) conduct remedial action tracking and long-term trend analysis.
`(d) Grant Program Factor- In evaluating and prioritizing applications for
Federal financial assistance under section 512, the Secretary shall give
additional consideration to those applicants that have conducted port security
exercises under this section.
`(e) Consultation- The Secretary shall ensure that, in carrying out the
Program, the Office of Grants and Training shall consult with--
`(1) a geographic and substantive cross section of governmental and nongovernmental
emergency response providers; and
`(2) commercial seaport personnel and management.
`(f) Commercial Seaport Personnel Defined- For purposes of this section,
the term `commercial seaport personnel' means any person engaged in an activity
relating to the loading or unloading of cargo, the movement or tracking
of cargo, the maintenance and repair of intermodal equipment, the operation
of cargo-related equipment (whether or not integral to the vessel), and
the handling of mooring lines on the dock when a vessel is made fast or
let go, in the United States or the coastal waters thereof.'.
(b) Clerical Amendment- The table of contents in section 1(b) of the Homeland
Security Act of 2002 (116 Stat. 2135), as amended by section 112, is further
amended by inserting after the item relating to section 802 the following:
`Sec. 803. Port security exercise program.'.
Subtitle C--Miscellaneous Provisions
SEC. 121. INCREASE IN PORT OF ENTRY INSPECTION OFFICERS.
(a) In General- The Secretary of Homeland Security shall increase by not
less than 200 the number of positions for full-time active duty port of
entry inspection officers of the Department of Homeland Security for each
of the fiscal years 2007 through 2012.
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary to carry out subsection (a) the following amounts for the
following fiscal years:
(1) $20,000,000 for fiscal year 2007.
(2) $40,000,000 for fiscal year 2008.
(3) $60,000,000 for fiscal year 2009.
(4) $80,000,000 for fiscal year 2010.
(5) $100,000,000 for fiscal year 2011.
(6) $120,000,000 for fiscal year 2012.
SEC. 123. BORDER PATROL UNIT FOR UNITED STATES VIRGIN ISLANDS.
Not later than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall establish at least one Border Patrol
unit for the Virgin Islands of the United States.
SEC. 124. REPORT ON OWNERSHIP AND OPERATION OF UNITED STATES SEAPORTS.
Not later than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the appropriate congressional
committees a report that contains--
(1) the name of each individual or entity that leases, operates, manages,
or owns real property or facilities at each United States seaport; and
(2) any other information that the Secretary determines to be appropriate.
SEC. 125. REPORT ON SECURITY OPERATIONS AT CERTAIN UNITED STATES SEAPORTS.
(a) Study- The Secretary of Homeland Security shall conduct a study on the
adequacy of security operations at the ten United States seaports that load
and unload the largest amount of containers.
(b) Report- Not later than 270 days after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional committees
a report on the results of the study required by subsection (a).
SEC. 126. REPORT ON ARRIVAL AND DEPARTURE MANIFESTS FOR CERTAIN COMMERCIAL
VESSELS IN THE UNITED STATES VIRGIN ISLANDS.
Not later than 90 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the appropriate congressional
committees a report on the impact of implementing the requirements of section
231 of the Immigration and Nationality Act (8 U.S.C. 1221) (relating to
providing United States border officers with arrival and departure manifests)
with respect to commercial vessels that are fewer than 300 gross tons and
operate exclusively between the territorial waters of the United States
Virgin Islands and the territorial waters of the British Virgin Islands.
SEC. 127. CENTER OF EXCELLENCE FOR MARITIME DOMAIN AWARENESS.
(a) Establishment- The Secretary of the Homeland Security shall establish
a university-based Center for Excellence for Maritime Domain Awareness following
the merit-review processes and procedures that have been established by
the Secretary for selecting university program centers of excellence.
(b) Duties- The Center shall--
(1) prioritize its activities based on the `National Plan to Improve Maritime
Domain Awareness' published by the Department of Homeland Security in
October 2005;
(2) recognize the extensive previous and ongoing work and existing competence
in the field of maritime domain awareness at numerous academic and research
institutions, such as the Naval Postgraduate School;
(3) leverage existing knowledge and continue development of a broad base
of expertise within academia and industry in maritime domain awareness;
and
(4) provide educational, technical, and analytical assistance to Federal
agencies with responsibilities for maritime domain awareness, including
the Coast Guard, to focus on the need for interoperability, information
sharing, and common information technology standards and architecture.
SEC. 128. REPORT ON SECURITY AND TRADE AT UNITED STATES LAND PORTS.
(a) Study- The Secretary of Homeland Security shall conduct a study on the
challenges to balance the need for greater security while maintaining the
efficient flow of trade at United States land ports.
(b) Report- Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional committees
a report on the results of the study required by subsection (a).
TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
SEC. 201. SECURITY OF THE INTERNATIONAL SUPPLY CHAIN.
(a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended by adding at the end the following new title:
`TITLE XVIII--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
`Subtitle A--General Provisions
`SEC. 1801. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL
SUPPLY CHAIN.
`(a) Strategic Plan- 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 develop and implement,
and update as appropriate, a strategic plan to enhance the security of the
international supply chain.
`(b) Requirements- The strategic plan required under subsection (a) shall--
`(1) describe 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;
`(2) identify and address gaps and unnecessary overlaps in the roles,
responsibilities, or authorities described in paragraph (1);
`(3) identify and make recommendations regarding legislative, regulatory,
and organizational changes necessary to improve coordination among the
entities or to enhance the security of the international supply chain;
`(4) provide measurable goals, including objectives, mechanisms, and a
schedule, for furthering the security of commercial operations from point
of origin to point of destination;
`(5) build on available resources and consider costs and benefits;
`(6) provide incentives for additional voluntary measures to enhance cargo
security, as determined by the Secretary;
`(7) consider the impact of supply chain security requirements on small
and medium size companies;
`(8) include a process for sharing intelligence and information with private
sector stakeholders to assist in their security efforts;
`(9) identify a framework for prudent and measured response in the event
of a transportation security incident involving the international supply
chain;
`(10) provide a plan for the expeditious resumption of the flow of legitimate
trade in accordance with section 70103(a)(2)(J)(ii) of title 46, United
States Code;
`(11) consider the linkages between supply chain security and security
programs within other systems of movement, including travel security and
terrorism finance programs; and
`(12) expand upon and relate to existing strategies and plans, including
the National Strategy for Maritime Security and the eight supporting plans
of the Strategy, as required by Homeland Security Presidential Directive-13
(September 2005).
`(c) Utilization of Advisory Committees- As part of the consultations described
in subsection (a), the Secretary shall, to the extent practicable, 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 updates
to the strategic plan.
`(d) International Standards and Practices- In furtherance of the strategic
plan required under subsection (a), 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.
`(1) INITIAL REPORT- The Secretary shall submit to the appropriate congressional
committees a report that contains the strategic plan required by subsection
(a).
`(2) FINAL REPORT- Not later than three years after the date on which
the strategic plan is submitted under paragraph (1), the Secretary shall
submit to the appropriate congressional committees a report that contains
an update of the strategic plan.
`(f) Definition- In this section, the term `transportation security incident'
has the meaning given the term in section 70101(6) of title 46, United States
Code.
`SEC. 1802. TRANSMISSION OF ADDITIONAL DATA ELEMENTS FOR IMPROVED HIGH
RISK TARGETING.
`(a) Requirement- The Secretary shall require transmission to the Department,
through an electronic data interchange system, of additional data elements
for improved high risk targeting, including appropriate security elements
of entry data, as determined by the Secretary, to be provided as advanced
information with respect to cargo destined for importation into the United
States prior to loading of such cargo on vessels at foreign seaports.
`(b) Regulations- The Secretary shall promulgate regulations to carry out
this section. In promulgating such regulations, the Secretary shall adhere
to the parameters applicable to the development of regulations under section
343(a) of the Trade Act of 2002 (19 U.S.C. 2071 note), including provisions
relating to consultation, technology, analysis, use of information, confidentiality,
and timing requirements.
`SEC. 1803. PLAN TO IMPROVE THE AUTOMATED TARGETING SYSTEM.
`(a) Plan- The Secretary shall develop and implement a plan to improve the
Automated Targeting System for the identification of high-risk containers
moving through the international supply chain.
`(1) TREATMENT OF RECOMMENDATIONS- The Secretary shall include in the
plan required under subsection (a) a schedule to address the recommendations
of the Comptroller General of the United States, the Inspector General
of the Department of the Treasury, and the Inspector General of the Department
of Homeland Security with respect to the operation of the Automated Targeting
System.
`(2) INFORMATION SUBMISSIONS- In developing the plan required under subsection
(a), the Secretary shall consider the cost, benefit, and feasibility of--
`(A) requiring additional nonmanifest documentation for each container;
`(B) adjusting the time period allowed by law for revisions to a container
cargo manifest;
`(C) adjusting the time period allowed by law for submission of entry
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.
`(3) 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 required under subsection (a).
`(4) 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. The Secretary shall
also consider how the Automated Targeting System could be improved through
linkages with targeting systems in existence on the date of the enactment
of the Security and Accountability For Every Port Act for travel security
and terrorism finance programs.
`(c) 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, provide safeguards
that ensure confidentiality with respect to such information, and identify
appropriate timing of the submission of such information, in the plan required
under subsection (a).
`(d) 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.
`(e) Authorization of Appropriations- There are authorized to be appropriated
$5,000,000 for each of the fiscal years 2007 through 2012 to carry out this
section.
`SEC. 1804. CONTAINER STANDARDS AND VERIFICATION PROCEDURES.
`(1) IN GENERAL- The Secretary shall establish minimum standards and verification
procedures for securing containers in transit to the United States relating
to the sealing of containers.
`(2) DEADLINE FOR ENFORCEMENT- Not later than two years after the date
on which the standards and procedures are established pursuant to paragraph
(1), 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.
`(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.
`(d) International Trade and Other Obligations- In carrying out this section,
the Secretary shall consult with appropriate Federal departments and agencies
and private sector stakeholders and ensure that actions under this section
do not violate international trade obligations or other international obligations
of the United States.
`SEC. 1805. CONTAINER SECURITY INITIATIVE (CSI).
`(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.
`(b) Assessment- Before the Secretary designates any foreign port under
CSI, the Secretary, in consultation with other Federal officials, as appropriate,
shall conduct an assessment of the port, including--
`(1) the level of risk for the potential compromise of containers by terrorists
or terrorist weapons;
`(2) the volume of regular container traffic to United States ports;
`(3) the results of the Coast Guard assessments conducted pursuant to
section 70108 of title 46, United States Code;
`(4) the commitment of the host nation to cooperating with the Department
in sharing critical data and risk management information and to maintain
programs to ensure employee integrity; and
`(5) the potential for validation of security practices by the Department.
`(c) Notification- The Secretary shall notify the appropriate congressional
committees prior to notifying the public of the designation of a foreign
port under CSI.
`(1) REQUIREMENTS AND PROCEDURES- The Secretary shall--
`(A) establish technical capability criteria and standard operating
procedures for the use of nonintrusive inspection and nuclear and radiological
detection systems in conjunction with CSI;
`(B) require each port designated under CSI to operate nonintrusive
inspection and nuclear and radiological detection systems in accordance
with the technical capability criteria and standard operating procedures
established under subparagraph (A); and
`(C) continually monitor the technologies, processes, and techniques
used to inspect cargo at ports designated under CSI.
`(2) CONSISTENCY OF STANDARDS AND PROCEDURES- The Secretary shall ensure
that the technical capability criteria and standard operating procedures
established under paragraph (1)(A) are consistent with such standards
and procedures of any other department or agency of the Federal government
with respect to deployment of nuclear and radiological detection systems
outside the United States.
`(A) IN GENERAL- The Secretary, in consultation with the Secretary of
State, the Secretary of Energy, and the heads of 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- The Secretary is authorized to loan or otherwise assist
in the deployment of nonintrusive inspection or nuclear and radiological
detection systems for cargo containers at each designated CSI port under
such terms and conditions as the Secretary determines to be appropriate
and to provide training for foreign personnel involved in CSI.
`(1) IN GENERAL- The Secretary shall issue a `do not load' order to each
port designated under CSI to prevent the onload of any cargo that has
been identified as higher risk by the Automated Targeting System unless
the cargo--
`(A) is scanned with a non intrusive imagery device and nuclear or radiological
detection equipment;
`(B) is devanned and inspected with nuclear or radiological detection
equipment; or
`(C) is determined to be of lower risk following additional inquiries
by appropriate personnel of U.S. Customs and Border Protection.
`(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed
to interfere with the ability of the Secretary to deny entry of any cargo
into the United States.
`(f) Report- The Secretary shall submit to the appropriate congressional
committees not later than March 1 of each year a report on the status of
CSI, including--
`(1) a description of the security improvements gained through CSI;
`(2) the rationale for the continuance of each port designated under CSI;
`(3) an assessment of the personnel needs at each port designated under
CSI; and
`(4) a description of the potential for remote targeting to decrease the
number of personnel who are deployed at foreign ports under CSI.
`(g) Authorization of Appropriations- There are authorized to be appropriated
$196,000,000 for each of the fiscal years 2007 through 2012 to carry out
this section.
`SEC. 1806. INFORMATION SHARING RELATING TO SUPPLY CHAIN SECURITY COOPERATION.
`(a) Purposes- The purposes of this section are--
`(1) to establish continuing liaison and to provide for supply chain security
cooperation between Department and the private sector; and
`(2) to provide for regular and timely interchange of information between
the private sector and the Department concerning developments and security
risks in the supply chain environment.
`(b) Secure System- The Secretary shall develop a secure electronic data
interchange system to collect from and share appropriate risk information
related to securing the supply chain with the private sector entities determined
appropriate by the Secretary.
`(c) Consultation- In developing the system under subsection (b), the Secretary
shall consult with the Commercial Operations Advisory Committee and a broad
range of public and private sector entities likely to utilize the system,
including importers, exporters, carriers, customs brokers, and freight forwarders,
among other parties.
`(d) Procedures- The Secretary shall establish uniform procedures for the
receipt, care, and storage of supply chain security information that is
voluntarily submitted to the Department through the system developed under
subsection (b).
`(e) Limitations- The voluntary information collected through the system
developed under subsection (b) shall be used exclusively for ensuring security
and shall not be used for determining entry or for any other commercial
enforcement purpose. The voluntary information submitted to the Department
through the system developed under subsection (b) shall not be construed
to constitute compliance with any requirement to submit such information
to a Federal agency under any other provision of law.
`(f) Participants- The Secretary shall develop protocols for determining
appropriate private sector personnel who shall have access to the system
developed under subsection (b). Such personnel shall include designated
security officers within companies that are determined to be low risk through
participation in the Customs-Trade Partnership Against Terrorism program
established pursuant to subtitle B of this title.
`(g) Confidentiality- Notwithstanding any other provision of law, information
that is voluntarily submitted by the private sector to the Department through
the system developed under subsection (b)--
`(1) shall be exempt from disclosure under section 552 of title 5, United
States Code (commonly referred to as the Freedom of Information Act);
`(2) 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
`(3) 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--
`(A) in furtherance of an investigation or other prosecution of a criminal
act; or
`(B) 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.
`(h) Independently Obtained Information- Nothing in this section 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.
`(i) Penalties- Whoever, being an officer or employee of the United States
or of any department or agency thereof, 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 fined under title 18, United States Code, imprisoned not more than
1 year, or both, and shall be removed from office or employment.
`(j) 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, the Secretary shall take appropriate
actions to protect from disclosure--
`(1) the source of any voluntarily submitted supply chain security information
that forms the basis for the warning; and
`(2) information that is proprietary, business sensitive, relates specifically
to the submitting person or entity, or is otherwise not appropriately
in the public domain.
`Subtitle B--Customs-Trade Partnership Against Terrorism (C-TPAT)
`SEC. 1811. ESTABLISHMENT.
`(a) Establishment- 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.
`(b) Minimum Security Requirements- The Secretary shall review the minimum
security requirements of C-TPAT at least once every year and update such
requirements as necessary.
`SEC. 1812. ELIGIBLE ENTITIES.
`Importers, brokers, forwarders, air, sea, land carriers, contract logistics
providers, and other entities in the international supply chain and intermodal
transportation system are eligible to apply to voluntarily enter into partnerships
with the Department under C-TPAT.
`SEC. 1813. MINIMUM REQUIREMENTS.
`An applicant seeking to participate in C-TPAT shall--
`(1) demonstrate a history of moving commerce in the international supply
chain;
`(2) conduct an assessment of its supply chains based upon security criteria
established by the Secretary, including--
`(A) business partner requirements;
`(C) physical security and access controls;
`(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.
`SEC. 1814. TIER ONE PARTICIPANTS.
`(a) 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 subsection (b).
`(b) Guidelines- The Secretary shall update guidelines for certifying a
C-TPAT participant's security measures and supply chain security practices
under this section.
`SEC. 1815. TIER TWO PARTICIPANTS.
`(a) In General- Not later than one year after a C-TPAT participant has
been certified under section 1814, the Secretary shall validate, directly
or through third party entities certified in accordance with section 1817,
the security measures and supply chain security practices of that participant.
Such validation shall include assessments at appropriate foreign locations
utilized by the participant as part of the supply chain.
`(b) Consequences for Failed Validation- If a C-TPAT participant's security
measures and supply chain security practices fail to meet the validation
requirements under this section, the Commissioner of U.S. Customs and Border
Protection may--
`(1) deny the participant benefits under C-TPAT on a temporary or permanent
basis; or
`(2) suspend or expel the participant from C-TPAT.
`(c) Right of Appeal- A C-TPAT participant described in subsection (b) may
file an appeal with the Secretary of the Commissioner's decision under subsection
(b)(1) to deny benefits under C-TPAT or under subsection (b)(2) to suspend
or expel the participant from C-TPAT.
`(d) Benefits- The Secretary shall extend benefits to each C-TPAT participant
that has been validated under this section, which may include--
`(1) reduced examinations; and
`(2) priority processing for searches.
`SEC. 1816. TIER THREE PARTICIPANTS.
`(a) In General- The Secretary shall establish a third tier of C-TPAT that
offers additional benefits to C-TPAT participants that demonstrate a sustained
commitment beyond the minimum criteria for participation in C-TPAT.
`(b) Additional Criteria- The Secretary shall designate criteria for C-TPAT
participants under this section that may include criteria to ensure--
`(1) cargo is loaded on a vessel with a vessel security plan approved
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) container security devices, policies, or practices that exceed the
standards and procedures established by the Secretary are utilized; and
`(3) cargo complies with any other requirements determined by the Secretary.
`(c) Benefits- The Secretary, in consultation with the Commercial Operations
Advisory Committee and the National Maritime Security Advisory Committee,
may provide benefits to C-TPAT participants under this section, which may
include--
`(1) the expedited release of tier three cargo into destination ports
within the United States during all threat levels designated by the Secretary;
`(2) reduced or streamlined bonding requirements that are consistent with
obligations under other applicable provisions of law;
`(3) preference to vessels;
`(4) further reduced examinations;
`(5) priority processing for examinations;
`(6) further reduced scores in the Automated Targeting System; and
`(7) streamlined billing of any customs duties or fees.
`(d) Definition- In this section, the term `container security device' means
a mechanical or electronic device designed to, at a minimum, positively
identify containers and detect and record unauthorized intrusion of containers.
Such devices shall have false alarm rates that have been demonstrated to
be below one percent.
`SEC. 1817. CONSEQUENCES FOR LACK OF COMPLIANCE.
`(a) In General- If a C-TPAT participant's security measures and supply
chain security practices fail to meet any of the requirements under this
subtitle, the Secretary may deny the participant benefits in whole or in
part under this subtitle.
`(b) False or Misleading Information- If a C-TPAT participant intentionally
provides false or misleading information to the Secretary or a third party
entity during the validation process of the participant under this subtitle,
the Commissioner of U.S. Customs and Border Protection shall suspend or
expel the participant from C-TPAT for a period of not less than five years.
`(c) Right of Appeal- A C-TPAT participant described in subsection (a) may
file an appeal with the Secretary of the Secretary's decision under subsection
(a) to deny benefits under this subtitle. A C-TPAT participant described
in subsection (b) may file an appeal with the Secretary of the Commissioner's
decision under subsection (b) to suspend or expel the participant from C-TPAT.
`SEC. 1818. VALIDATIONS BY THIRD PARTY ENTITIES.
`(a) In General- In conducting the pilot program under subsection (f), and
if the Secretary determines to expand the use of third party entities to
conduct validations of C-TPAT participants upon completion of the pilot
program under subsection (f), the Secretary shall--
`(1) develop, document, and update, as necessary, minimum standard operating
procedures and requirements applicable to such entities for the conduct
of such validations; and
`(2) meet all requirements under subtitle G of the title VIII of this
Act to review and designate such minimum standard operating procedures
as a qualified anti-terrorism technology for purposes of such subtitle.
`(b) Certification of Third Party Entities-
`(1) ISSUANCE OF CERTIFICATE OF CONFORMANCE- In accordance with section
863(d)(3) of this Act, the Secretary shall issue a certificate of conformance
to a third party entity to conduct validations under this subtitle if
the entity--
`(A) demonstrates to the satisfaction of the Secretary the ability to
perform validations in accordance with standard operating procedures
and requirements (or updates thereto) designated as a qualified anti-terrorism
technology by the Secretary under subsection (a); and
`(I) to perform validations in accordance with such standard operating
procedures and requirements (or updates thereto); and
`(ii) to maintain liability insurance coverage at policy limits and
in accordance with conditions to be established by the Secretary pursuant
to section 864 of this Act; and
`(C) signs an agreement to protect all proprietary information of C-TPAT
participants with respect to which the entity will conduct validations.
`(2) LITIGATION AND RISK MANAGEMENT PROTECTIONS- A third party entity
that maintains liability insurance coverage at policy limits and in accordance
with conditions to be established by the Secretary pursuant to section
864 of this Act and receives a certificate of conformance under paragraph
(1) shall receive all applicable litigation and risk management protections
under sections 863 and 864 of this Act.
`(3) RECIPROCAL WAIVER OF CLAIMS- A reciprocal waiver of claims shall
be deemed to have been entered into between a third party entity that
receives a certificate of conformance under paragraph (1) and its contractors,
subcontractors, suppliers, vendors, customers, and contractors and subcontractors
of customers involved in the use or operation of the validation services
of the third party entity.
`(c) Information for Establishing Limits of Liability Insurance- A third
party entity seeking a certificate of conformance under subsection (b)(1)
shall provide to the Secretary necessary information for establishing the
limits of liability insurance required to be maintained by the entity under
section 864(a) of this Act.
`(d) Additional Requirements- The Secretary shall ensure that--
`(1) any third party entity under this section--
`(A) has no beneficial interest in or any direct or indirect control
over the C-TPAT participant that is contracting for the validation services;
and
`(B) has no other conflict of interest with respect to the C-TPAT participant;
and
`(2) the C-TPAT participant has entered into a contract with the third
party entity under which the C-TPAT participant agrees to pay all costs
associated with the validation.
`(1) IN GENERAL- The Secretary shall regularly monitor and inspect the
operations of a third party entity conducting validations under this subtitle
to ensure that the entity is meeting the minimum standard operating procedures
and requirements for the validation of C-TPAT participants established
under subsection (a) and all other applicable requirements for validation
services under this subtitle.
`(2) REVOCATION- If the Secretary finds that a third party entity is not
meeting the minimum standard operating procedures and requirements, the
Secretary shall--
`(A) revoke the entity's certificate of conformance issued under subsection
(b)(1); and
`(B) review any validations conducted by the entity.
`(1) IN GENERAL- The Secretary shall carry out a pilot program to test
the feasibility, costs, and benefits of utilizing third party entities
to conduct validations of C-TPAT participants. In conducting the pilot
program, the Secretary shall comply with all applicable requirements of
this section with respect to eligibility of third party entities to conduct
validations of C-TPAT participants.
`(2) REPORT- Not later than 30 days after the completion of the pilot
program conducted pursuant to paragraph (1), the Secretary shall submit
to the appropriate congressional committees a report that contains--
`(A) the results of the pilot program; and
`(B) the determination of the Secretary whether or not to expand the
use of third party entities to conduct validations of C-TPAT participants.
`SEC. 1819. REVALIDATION.
`The Secretary shall establish a process for revalidating C-TPAT participants
under this subtitle. Such revalidation shall occur not less frequently than
once during every 3-year period following the initial validation.
`SEC. 1820. NON-CONTAINERIZED CARGO.
`The Secretary may consider the potential for participation in C-TPAT by
importers of non-containerized cargoes that otherwise meet the requirements
under this subtitle.
`SEC. 1821. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated $75,000,000 for each of the fiscal
years 2007 through 2012 to carry out this subtitle.
`Subtitle C--Miscellaneous Provisions
`SEC. 1831. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION EFFORTS IN FURTHERANCE
OF MARITIME AND CARGO SECURITY.
`(a) In General- 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.
`(b) Coordination- The Secretary, in coordination with the Undersecretary
for Science and Technology, the Director of the Domestic Nuclear Detection
Office of the Department, and the heads of other appropriate offices or
entities of the Department, 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
and other Federal, State, and local agencies, as appropriate.
`SEC. 1832. GRANTS UNDER OPERATION SAFE COMMERCE.
`(a) In General- The Secretary shall provide grants, as part of Operation
Safe Commerce, to--
`(1) integrate nonintrusive imaging inspection and nuclear and radiological
detection systems with automatic identification methods for containers,
vessels, and vehicles;
`(2) test physical access control protocols and technologies to include
continuous tracking devices that provide real-time monitoring and reporting;
`(3) 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
`(4) otherwise further maritime and cargo security, as determined by the
Secretary.
`(b) Supply Chain Security for Special Container and Noncontainerized Cargo-
In providing grants under subsection (a), the Secretary shall establish
demonstration projects that further the security of the international supply
chain, including refrigerated containers, and noncontainerized cargo, including
roll-on/roll-off, break-bulk, liquid, and dry bulk cargo, through real-time,
continuous tracking technology for special or high-risk container cargo
that poses unusual potential for human or environmental harm.
`(c) Competitive Selection Process- The Secretary shall select recipients
of grants under subsection (a) through a competitive process on the basis
of the following criteria:
`(1) 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 section.
`(2) The applicant's capability to provide leadership in making national
and regional contributions to the solution of maritime and cargo security
issues.
`(3) The extent to which the applicant's programs, projects, and activities
under the grant will address highest risk priorities as determined by
the Secretary.
`(4) The extent to which the applicant has a strategic plan for carrying
out the programs, projects, and activities under the grant.
`(5) Any other criteria the Secretary determines to be appropriate.
`(d) Administrative Provisions-
`(1) PROHIBITION ON DUPLICATION OF EFFORT- Before providing any grant
under subsection (a), 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.
`(2) ACCOUNTING, REPORTING, AND REVIEW PROCEDURES- The Secretary shall
establish accounting, reporting, and review procedures to ensure that--
`(A) amounts made available under a grant provided under subsection
(a)--
`(i) are used for the purpose for which such amounts were made available;
and
`(ii) are properly accounted for; and
`(B) amounts not used for such purpose and amounts not expended are
recovered.
`(3) RECORDKEEPING- The recipient of a grant under subsection (a) shall
keep all records related to expenditures and obligations of amounts provided
under the grant and make such records available upon request to the Secretary
for audit and examination.
`(4) REVIEW- The Secretary shall annually review the programs, projects,
and activities carried out using amounts made available under grants provided
under subsection (a) to ensure that obligations and expenditures of such
amounts are consistent with the purposes for which such amounts are made
available.
`(e) Annual Report- Not later than March 1 of each year, the Secretary shall
submit to the appropriate congressional committees a report detailing the
results of Operation Safe Commerce.
`(f) Definition- In this section, 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.
`(g) Authorization of Appropriations-
`(1) IN GENERAL- Subject to paragraph (2), there are authorized to be
appropriated $25,000,000 for each of fiscal years 2007 through 2012 to
carry out this section.
`(2) EFFECTIVE DATE- Paragraph (1) shall be effective beginning on the
date on which the Secretary submits to the appropriate congressional committees
a report on the implementation and results of grants provided under Operation
Safe Commerce before the date of the enactment of the Security and Accountability
For Every Port Act.
`SEC. 1833. DEFINITIONS.
`In this title, the following definitions apply:
`(1) AUTOMATED TARGETING SYSTEM- The term `Automated Targeting System'
means the rules-based system incorporating intelligence material and import
transaction history, established by U.S. Customs and Border Protection
to target high risk shipments of cargo.
`(2) EXAMINATION- The term `examination' means a physical inspection or
the imaging and radiation screening of a conveyance using non-intrusive
inspection (NII) technology, for the presence of contraband.
`(3) INSPECTION- The term `inspection' means the comprehensive process
used by U.S. 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.
`(4) INTERNATIONAL SUPPLY CHAIN- The term `international supply chain'
means the end-to-end process for shipping goods from a point of origin
overseas to and from the United States.
`(5) NUCLEAR AND RADIOLOGICAL DETECTION SYSTEM- The term `nuclear and
radiological detection system' means any technology that is capable of
detecting or identifying nuclear and radiological material or explosive
devices.
`(6) 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.
`(7) SEARCH- The term `search' means an intrusive examination in which
a container is opened and its contents are de-vanned and visually inspected
for the presence of misdeclared, restricted, or prohibited items.'.
(b) Clerical Amendment- The table of contents in section 1(b) of the Homeland
Security Act of 2002 (116 Stat. 2135) is amended by adding at the end the
following:
`TITLE XVIII--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
`Subtitle A--General Provisions
`Sec. 1801. Strategic plan to enhance the security of the international
supply chain.
`Sec. 1802. Transmission of additional data elements for improved high
risk targeting.
`Sec. 1803. Plan to improve the Automated Targeting System.
`Sec. 1804. Container standards and verification procedures.
`Sec. 1805. Container Security Initiative (CSI).
`Sec. 1806. Information sharing relating to supply chain security cooperation.
`Subtitle B--Customs-Trade Partnership Against Terrorism (C-TPAT)
`Sec. 1811. Establishment.
`Sec. 1812. Eligible entities.
`Sec. 1813. Minimum requirements.
`Sec. 1814. Tier one participants.
`Sec. 1815. Tier two participants.
`Sec. 1816. Tier three participants.
`Sec. 1817. Consequences for lack of compliance.
`Sec. 1818. Validations by third party entities.
`Sec. 1819. Revalidation.
`Sec. 1820. Non-containerized cargo.
`Sec. 1821. Authorization of appropriations.
`Subtitle C--Miscellaneous Provisions
`Sec. 1831. Research, development, test, and evaluation efforts in furtherance
of maritime and cargo security.
`Sec. 1832. Grants under Operation Safe Commerce.
`Sec. 1833. Definitions.'.
(c) Effective Dates- The Secretary of Homeland Security shall--
(1) submit to the appropriate congressional committees the report required
by section 1801(e)(1) of the Homeland Security Act of 2002, as added by
subsection (a), not later than 180 days after the date of enactment of
this Act;
(2) promulgate regulations under section 1802(b) of the Homeland Security
Act of 2002, as added by subsection (a), not later than one year after
the date of the enactment of this Act;
(3) develop and implement the plan to improve the Automated Targeting
System under section 1803(a) of the Homeland Security Act of 2002, as
added by subsection (a), not later than 180 days after the date of the
enactment of this Act;
(4) develop the standards and verification procedures described in section
1804(a)(1) of the Homeland Security Act of 2002, as added by subsection
(a), not later than 180 days after the date of the enactment of this Act;
(5) begin exercising authority to issue a `do not load' order to each
port designated under CSI pursuant to section 1805(e) of the Homeland
Security Act of 2002, as added by subsection (a), not later than 180 days
after the date of the enactment of this Act;
(6) develop the secure electronic data interchange system under section
1806(b) of the Homeland Security Act of 2002, as added by subsection (a),
not later than one year after the date of the enactment of this Act;
(7) update guidelines for certifying a C-TPAT participant's security measures
and supply chain security practices under section 1814(b) of the Homeland
Security Act of 2002, as added by subsection (a), not later than 180 days
after the date of the enactment of this Act;
(8) develop a schedule and update guidelines for validating a C-TPAT participant's
security measures and supply chain security practices under section 1815
of the Homeland Security Act of 2002, as added by subsection (a), not
later than 180 days after the date of enactment of this Act;
(9) provide appropriate benefits described in subsection (d) of section
1816 of the Homeland Security Act of 2002, as added by subsection (a),
to C-TPAT participants under section 1816 of such Act beginning not later
than two years after the date of the enactment of this Act; and
(10) carry out the pilot program described in section 1818(f) of the Homeland
Security Act of 2002, as added by subsection (a), beginning not later
than one year after the date of the enactment of this Act for a duration
of not less than a one-year period.
SEC. 202. NEXT GENERATION SUPPLY CHAIN SECURITY TECHNOLOGIES.
(a) Evaluation of Emerging Technologies- While maintaining the current layered,
risk-based approach to screening, scanning, and inspecting cargo at foreign
ports bound for the United States in accordance with existing statutory
provisions, the Secretary of Homeland Security shall evaluate the development
of nuclear and radiological detection systems and other inspection technologies
for use at foreign seaports to increase the volume of containers scanned
prior to loading on vessels bound for the United States. In carrying out
this section, the Secretary's evaluation shall include an analysis of battery
powered portable neutron and gamma-ray detection devices that can be inexpensively
mass produced.
(b) Emerging Technology- Not later than one year after the date of the enactment
of this Act, the Secretary shall, having evaluated emerging technologies
under subsection (a), determine if more capable, commercially available
technology exists, and whether such technology--
(1) has a sufficiently low false alarm rate for use in the supply chain;
(2) is capable of being deployed and operated at ports overseas;
(3) is capable of integrating, where necessary, with existing systems;
(4) does not significantly impact trade capacity and flow of cargo at
foreign or United States ports; and
(5) provides an automated notification of questionable or high-risk cargo
as a trigger for further inspection by appropriately trained personnel.
(c) Contingent Implementation- If the Secretary determines the available
technology meets the criteria outlined in subsection (b), the Secretary,
in cooperation with the Secretary of State, shall within 180 days of such
determination, seek to secure the cooperation of foreign governments to
initiate and maximize the use of such technology at foreign ports to scan
all cargo possible.
(d) International Cooperation- If the Secretary determines that a proposed
technology meets the requirements of subsection (b), but cannot be implemented
as a result of a foreign government's refusal to cooperate in the phased
deployment, the Secretary may refuse to accept containerized cargo from
that port.
(e) Report- The Secretary shall submit to the appropriate congressional
committees on an annual basis a report on the evaluation performed under
subsections (a) and (b), the status of any implementation initiated in accordance
with subsection (c), and a detailed assessment of the level of cooperation
of foreign governments, as well as any actions taken by the Secretary under
subsection (d).
(f) Definition- In this section, the term `nuclear and radiological detection
system' means any technology that is capable of detecting or identifying
nuclear and radiological material or explosive devices.
SEC. 203. INTERNATIONAL TRADE DATA SYSTEM.
(a) Establishment- The President shall establish and implement the International
Trade Data System, 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.
(b) Private Sector Consultation- The President shall consult with private
sector stakeholders in developing uniform data submission requirements,
procedures, and schedules under the system established pursuant to subsection
(a).
(c) Report- Not later than 120 days after the date of the enactment of this
Act, the President shall transmit to the appropriate congressional committees
a report on the schedule for full implementation of the system established
pursuant to subsection (a).
(d) Rule of Construction- Nothing in this section shall be construed to
prevent any Federal department or agency from collecting import and export
information under any other provision of law.
SEC. 204. FOREIGN PORT ASSESSMENTS.
Section 70108 of title 46, United States Code, is amended by adding at the
end the following:
`(d) Periodic Reassessment- The Secretary, acting through the Commandant
of the Coast Guard, shall reassess the effectiveness of antiterrorism measures
maintained at ports as described under subsection (a) and of procedures
described in subsection (b) not less than every 3 years.'.
SEC. 205. PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY CONTAINERS.
(a) In General- The Secretary of Homeland Security shall conduct a one-year
pilot program to evaluate and improve the security of empty containers at
United States seaports to ensure the safe and secure delivery of cargo and
to prevent potential acts of terrorism involving such containers. The pilot
program shall include the use of visual searches of empty containers at
United States seaports.
(b) Report- Not later than 90 days after the completion of the pilot program
under paragraph (1), the Secretary shall prepare and submit to the appropriate
congressional committees a report that contains--
(1) the results of pilot program; and
(2) the determination of the Secretary whether or not to expand the pilot
program.
SEC. 206. STUDY AND REPORT ON ADVANCED IMAGERY PILOT PROGRAMS.
(1) IN GENERAL- The Secretary of Homeland Security, in consultation with
the Commissioner of U.S. Customs and Border Protection, shall conduct
a study of the merits of current container inspection pilot programs which
include nuclear or radiological detection, non-intrusive imagery, and
density scanning capabilities.
(2) REQUIREMENTS- The study required under paragraph (1) shall include,
at a minimum--
(A) an evaluation of the cost, personnel, and infrastructure required
to operate the pilot programs, as well as the cost, personnel, and infrastructure
required to move the pilot programs into full-scale deployment to screen
all cargo imported from foreign ports;
(B) an evaluation of the cost, personnel, and infrastructure required
by U.S. Customs and Border Protection to validate the data generated
from the pilot programs;
(C) a summary of best practices and technological advances of the pilot
programs that could be integrated into the Container Security Initiative
and other container security programs; and
(D) an assessment of the impact of technology or processes utilized
in the pilot programs on improving cargo operations and security.
(b) Report- Not later than 60 days after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional committees
a report that contains--
(1) the results of the study required under subsection (a); and
(2) recommendations to improve container security programs within the
Department of Homeland Security.
SEC. 207. REPORT ON NATIONAL TARGETING CENTER.
(a) Study- The Secretary of Homeland Security shall conduct a study to assess
the activities of U.S. Customs and Border Protection's National Targeting
Center (NTC).
(b) Report- Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional committees
a report that contains--
(1) the results of the study conducted under subsection (a); and
(2) recommendations to improve and strengthen the activities of NTC.
SEC. 208. INTEGRATED CONTAINER INSPECTION SYSTEM PILOT PROJECT.
Not later than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall conduct a pilot project at an overseas
port similar to the Integrated Container Inspection System being tested
at the port in Hong Kong.
TITLE III--DIRECTORATE FOR POLICY, PLANNING, AND INTERNATIONAL AFFAIRS
SEC. 301. ESTABLISHMENT OF DIRECTORATE.
(a) Establishment- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended--
(1) by redesignating title VI as title XIX, and moving such title so as
to appear after title XVIII, as added by section 201;
(2) by striking the heading for such title and inserting the following:
`TITLE XIX--MISCELLANEOUS PROVISIONS'.
(3) by redesignating section 601 as section 1901; and
(4) by inserting after title V the following new title:
`TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS
`SEC. 601. DIRECTORATE FOR POLICY, PLANNING, AND INTERNATIONAL AFFAIRS.
`(a) Establishment- There shall be in the Department a Directorate for Policy,
Planning, and International Affairs.
`(b) Under Secretary for Policy-
`(1) IN GENERAL- The head of the Directorate shall be the Under Secretary
for Policy, who shall be appointed by the President.
`(2) QUALIFICATIONS- No individual shall be appointed Under Secretary
for Policy under paragraph (1) unless the individual has, by education
and experience, demonstrated knowledge, ability, and skill in the fields
of policy and strategic planning.
`(c) Responsibilities of Under Secretary-
`(1) POLICY RESPONSIBILITIES- Subject to the direction and control of
the Secretary, the policy responsibilities of the Under Secretary for
Policy shall be as follows:
`(A) To serve as the principal policy advisor to the Secretary.
`(B) To provide overall direction and supervision of policy development
for the programs, offices, and activities of the Department.
`(C) To establish and implement a formal policymaking process for the
Department.
`(D) To analyze, evaluate, and review the completed, ongoing, and proposed
programs of the Department to ensure they are compatible with the statutory
and regulatory responsibilities of the Department and with the Secretary's
priorities, strategic plans, and policies.
`(E) To ensure that the budget of the Department (including the development
of future year budgets and interaction with the Office of Management
and Budget and with Congress) is compatible with the statutory and regulatory
responsibilities of the Department and with the Secretary's priorities,
strategic plans, and policies.
`(F) To represent the Department in any development of policy that requires
the Department to consult with another Federal agency, the Office of
the President, a foreign government, or any other governmental or private
sector entity.
`(G) To supervise and oversee policy development undertaken by the component
agencies and offices of the Department.
`(H) To provide for the coordination and maintenance of the trade and
customs revenue functions of the Department.
`(2) STRATEGIC PLANNING RESPONSIBILITIES- Subject to the direction and
control of the Secretary, the strategic planning responsibilities of the
Under Secretary for Policy shall be as follows:
`(A) To conduct long-range, strategic planning for the Department.
`(B) To prepare national and Department strategies, as appropriate.
`(C) To conduct net assessments of issues facing the Department.
`(3) INTERNATIONAL RESPONSIBILITIES- Subject to the direction and control
of the Secretary, the international responsibilities of the Under Secretary
for Policy shall be as follows:
`(A) To promote the exchange of information and the sharing of best
practices and technology relating to homeland security with nations
friendly to the United States, including--
`(i) the exchange of information on research and development on homeland
security technologies;
`(ii) joint training exercises of first responders in coordination
with the Assistant Secretary for Grants and Training; and
`(iii) exchanging expertise and information on terrorism prevention,
response, and crisis management.
`(B) To identify any homeland security-related area in which the United
States and other nations and appropriate international organizations
could collaborate to improve capabilities and to encourage the exchange
of information or sharing of best practices and technology relating
to that area.
`(C) To plan and participate in international conferences, exchange
programs (including the exchange of scientists, engineers, and other
experts), and other training activities with friendly nations.
`(D) To manage international activities within the Department in coordination
with other Federal officials with responsibility for counterterrorism
matters.
`(E) To oversee the activities of Department personnel operating in
other countries or traveling to other countries.
`(F) To represent the Department in international negotiations, working
groups, and standards-setting bodies.
`(A) To create and foster strategic communications with the private
sector to enhance the primary mission of the Department to protect the
United States.
`(B) To advise the Secretary on the impact on the private sector of
the policies, regulations, processes, and actions of the Department.
`(C) To create and manage 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.
`(D) To promote existing public-private partnerships and develop new
public-private partnerships to provide for collaboration and mutual
support to address homeland security challenges.
`(E) To identify private sector resources and capabilities that could
be effective in supplementing functions of the Department and State
and local governments to prevent or respond to acts of terrorism.
`(F) To coordinate among the Department's operating entities and with
the Assistant Secretary for Trade Development of the Department of Commerce
on issues related to the travel and tourism industries.
`(5) TRADE AND CUSTOMS REVENUE FUNCTIONS- The Under Secretary for Policy
shall--
`(A) ensure that the trade and customs revenue functions of the Department
are coordinated within the Department and with other Federal departments
and agencies, and that the impact on legitimate trade is taken into
account in any action impacting these functions; and
`(B) monitor and report to Congress on the Department's mandate to ensure
that the trade and customs revenue functions of the Department are not
diminished, including how spending, operations, and personnel related
to these functions have kept pace with the level of trade entering the
United States.
`SEC. 602. OFFICE OF INTERNATIONAL AFFAIRS.
`(a) Establishment- There is established within the Directorate of Policy,
Planning, and International Affairs an Office of International Affairs.
The Office shall be headed by an Assistant Secretary, who shall be appointed
by the Secretary.
`(b) Duties of the Assistant Secretary- The Assistant Secretary shall have
the following duties:
`(1) To promote information and education exchange with nations friendly
to the United States in order to promote sharing of best practices and
technologies relating to homeland security. Such exchange shall include
the following:
`(A) Exchange of information on research and development on homeland
security technologies.
`(B) Joint training exercises of first responders.
`(C) Exchange of expertise on terrorism prevention, response, and crisis
management.
`(2) To identify areas for homeland security information and training
exchange where the United States has a demonstrated weakness and another
friendly nation or nations have a demonstrated expertise.
`(3) To plan and undertake international conferences, exchange programs,
and training activities.
`(4) To manage international activities within the Department in coordination
with other Federal officials with responsibility for counter-terrorism
matters.
`SEC. 603. OTHER OFFICES AND OFFICIALS.
`(a) In General- The Under Secretary for Policy shall establish the following
offices in the Directorate for Policy, Planning, and International Affairs:
`(1) The Office of Policy, which shall be administered by an Assistant
Secretary for Policy.
`(2) The Office of Strategic Plans, which shall be administered by an
Assistant Secretary for Strategic Plans and which shall include--
`(A) a Secure Border Initiative Program Office; and
`(B) a Screening Coordination and Operations Office.
`(3) The Office of the Private Sector, which shall be administered by
an Assistant Secretary for the Private Sector.
`(4) The Victim Assistance Officer.
`(5) The Tribal Security Officer.
`(6) Such other offices as considered necessary by the Under Secretary
for Policy.
`(b) Director of Cargo Security Policy-
`(1) IN GENERAL- There shall be in the Directorate for Policy, Planning,
and International Affairs a Director of Cargo Security Policy (hereinafter
in this subsection referred to as the `Director'), who shall be subject
to the direction and control of the Under Secretary for Policy.
`(2) RESPONSIBILITIES- The Director shall--
`(A) advise the Assistant Secretary for Policy regarding all aspects
of Department programs relating to cargo security;
`(B) develop Department-wide policies regarding cargo security; and
`(C) coordinate the cargo security policies and programs of the Department
with other Federal departments and 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.
`(c) Director of Trade Policy-
`(1) IN GENERAL- There shall be in the Directorate for Policy, Planning,
and International Affairs a Director of Trade Policy (hereinafter in this
subsection referred to as the `Director'), who shall be subject to the
direction and control of the Under Secretary for Policy.
`(2) RESPONSIBILITIES- The Director shall--
`(A) advise the Assistant Secretary for Policy regarding all aspects
of Department programs relating to the trade and customs revenue functions
of the Department;
`(B) develop Department-wide policies regarding trade and customs revenue
functions and trade facilitation; and
`(C) coordinate the trade and customs revenue-related programs of the
Department with other Federal departments and agencies.
`SEC. 604. CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS.
`(a) In General- The Secretary and the Under Secretary for Policy shall
consult with representatives of the business community involved in international
trade, including seeking the advice and recommendations of the Commercial
Operations Advisory Committee (COAC), on Department policies and actions
that have a significant impact on international trade and customs revenue
functions.
`(b) COAC Consultation and Notification-
`(1) IN GENERAL- Subject to paragraph (2), the Secretary shall seek the
advice and recommendations of COAC on any proposed Department policies,
initiatives, actions, or organizational reforms that will have a major
impact on trade and customs revenue functions not later than 45 days prior
to the finalization of the policies, initiatives, actions, or organizational
reforms.
`(2) EXCEPTION- If the Secretary determines that it is important to the
national security interest of the United States to finalize any proposed
Department policies, initiatives, actions, or organizational reforms prior
to the provision of advice and recommendations described in paragraph
(1), the Secretary shall--
`(A) seek the advice and recommendations of COAC on the policies, initiatives,
actions, or organizational reforms not later than 30 days after the
date on which the policies, initiatives, actions, or organizational
reforms are finalized; and
`(B) to the extent appropriate, modify the policies, initiatives, actions,
or organizational reforms based upon the advice and recommendations
of COAC.
`(c) Congressional Consultation and Notification-
`(1) IN GENERAL- Subject to paragraph (2), the Secretary shall consult
with and provide any recommendations of COAC received under subsection
(b) to the appropriate congressional committees not later than 30 days
prior to the finalization of any Department policies, initiatives, actions
or organizational reforms that will have a major impact on trade and customs
revenue functions.
`(2) EXCEPTION- If the Secretary determines that it is important to the
national security interest of the United States to finalize any Department
policies, initiatives, actions, or organizational reforms prior to the
consultation described in paragraph (1), the Secretary shall--
`(A) consult with and provide any recommendations of COAC received under
subsection (b) to the appropriate congressional committees not later
than 45 days after the date on which the policies, initiative, actions,
or organizational reforms are finalized; and
`(B) to the extent appropriate, modify the policies, initiatives, actions,
or organizational reforms based upon the consultations with the appropriate
congressional committees.'.
(b) Conforming Amendments- Section 879 of the Homeland Security Act of 2002
(6 U.S.C. 459) is repealed.
(c) Clerical Amendments- The table of contents in section 1(b) of such Act
is amended--
(1) by striking the item relating to section 879;
(2) by striking the items relating to title VI and inserting the following:
`TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS
`Sec. 601. Directorate for Policy, Planning, and International Affairs.
`Sec. 602. Office of International Affairs.
`Sec. 603. Other offices and officials.';
(3) by inserting after the items relating to title XVIII the following:
`TITLE XIX--MISCELLANEOUS PROVISIONS
`Sec. 1901. Treatment of charitable trusts for members of the armed forces
of the United States and other governmental organizations.'.
SEC. 302. STUDY AND REPORT ON CUSTOMS REVENUE FUNCTIONS.
(1) IN GENERAL- The Comptroller General shall conduct a study evaluating
the extent to which the Department of Homeland Security is meeting its
obligations under section 412(b) of the Homeland Security Act of 2002
(6 U.S.C. 212(b)) with respect to the maintenance of customs revenue functions.
(2) ANALYSIS- The study shall include an analysis of--
(A) the extent to which the customs revenue functions carried out by
the former U.S. Customs Service have been consolidated with other functions
of the Department (including the assignment of non-customs revenue functions
to personnel responsible for customs revenue collection), discontinued,
or diminished following the transfer of the U.S. Customs Service to
the Department;
(B) the extent to which staffing levels or resources attributable to
customs revenue functions have decreased since the transfer of the U.S.
Customs Service to the Department; and
(C) the extent to which the management structure created by the Department
ensures effective trade facilitation and customs revenue collection.
(b) Report- Not later than 180 days after the date of the enactment of this
Act, the Comptroller General shall submit to the appropriate congressional
committees a report on the results of study conducted under subsection (a).
(c) Definition- In this section, the term `customs revenue functions' means
the functions described in section 412(b)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 212(b)(2)).
TITLE IV--OFFICE OF DOMESTIC NUCLEAR DETECTION
SEC. 401. ESTABLISHMENT OF OFFICE.
(a) Establishment- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended by adding at the end the following new title:
`TITLE XX--OFFICE OF DOMESTIC NUCLEAR DETECTION
`SEC. 2001. DOMESTIC NUCLEAR DETECTION OFFICE.
`(a) In General- There shall be in the Department of Homeland Security a
Domestic Nuclear Detection Office.
`(b) Purpose- The purpose of the Office shall be to protect against the
unauthorized importation, possession, storage, transportation, development,
or use of a nuclear explosive device, fissile material, or radiological
material against the United States.
`(c) Director- The Office shall be headed by a Director of Domestic Nuclear
Detection, who shall be appointed by the President from among individuals
nominated by the Secretary.
`(d) Limitation- This title shall not be construed to affect the performance,
by directorates and agencies of the Department other than the Office, of
functions that are not related to detection and prevention of nuclear and
radiological terrorism.
`SEC. 2002. FUNCTIONS OF DIRECTOR OF THE DOMESTIC NUCLEAR DETECTION OFFICE,
GENERALLY.
`(a) In General- The Secretary shall vest in the Director the primary responsibility
in the Department for--
`(1) administering all nuclear and radiological detection and prevention
functions and assets of the Department, including those functions vested
in the Department before the enactment of the Security and Accountability
For Every Port Act; and
`(2) for coordinating such administration with nuclear and radiological
detection and prevention activities of other Federal departments and agencies.
`(b) Transfer of Functions- The Secretary shall transfer to the Director
the authority to administer, or supervise the administration of, all functions,
personnel, assets, and liabilities of all Department programs and projects
relating to nuclear and radiological detection research, development, testing,
and evaluation, and nuclear and radiological detection system acquisition
and deployment, including with respect to functions and assets transferred
by section 303(1)(B), (C), and (E) and functions, assets, and personnel
transferred pursuant to section 2010(c).
`SEC. 2003. GLOBAL NUCLEAR DETECTION ARCHITECTURE.
`(a) In General- The Director shall coordinate the Federal Government's
implementation of a global nuclear detection architecture.
`(b) Functions of Director- The Director shall, under subsection (a)--
`(1) design a strategy that will guide deployment of the global nuclear
detection architecture;
`(2) implement Department components of the strategy in the United States;
and
`(3) coordinate Department and Federal interagency efforts to deploy the
elements of the global nuclear detection architecture outside the United
States.
`(c) Relationship to Other Departments and Agencies- The authority of the
Director under this section shall not affect an authority or responsibility
of any other department or agency of the Federal Government with respect
to the deployment of nuclear and radiological detection systems under any
program administered by that department or agency.
`SEC. 2004. RESEARCH AND DEVELOPMENT.
`(a) In General- The Director shall carry out a research and development
program to achieve transformational and evolutionary improvements in detection
capabilities for shielded and unshielded nuclear explosive devices and radiological
dispersion devices.
`(b) High-Risk Projects- The program shall include funding for transformational
research and development projects that may have a high risk of failure but
have the potential to provide significant benefits.
`(c) Long-Term Projects- In order to reflect a long-term commitment to the
development of more effective detection technologies, the program shall
include the provision of funding for projects having a duration of more
than 3 years, as appropriate.
`(d) Coordination With Other Federal Programs- The Director shall coordinate
implementation of the program with other Federal agencies performing similar
research and development in order to accelerate the development of effective
technologies, promote technology sharing, and to avoid duplication, including
through the use of the interagency coordination council established under
section 2013.
`SEC. 2005. SYSTEM ASSESSMENTS.
`(a) In General- The Director shall carry out a program to test and evaluate
technology for detecting nuclear explosive devices and fissile or radiological
material.
`(b) Performance Metrics- The Director shall establish performance metrics
for evaluating the effectiveness of individual detectors and detection systems
in detecting nuclear explosive devices or fissile or radiological material--
`(1) under realistic operational and environmental conditions; and
`(2) against realistic adversary tactics and countermeasures.
`(c) Provision of Testing Services-
`(1) IN GENERAL- The Director may, under the program, make available testing
services to developers of detection technologies. The results of the tests
performed with services made available under this subsection shall be
confidential and may not be disclosed to individuals or entities outside
of the Federal Government without the consent of the developer for whom
the tests are performed.
`(2) FEES- The Director may charge fees, as appropriate, for performance
of services under this subsection.
`(1) IN GENERAL- The Director shall periodically perform system-wide assessments
of the global nuclear detection architecture to identify vulnerabilities
and to gauge overall system performance against nuclear and radiological
threats.
`(2) INCLUDED ACTIVITIES- The assessments shall include--
`(A) red teaming activities to identify vulnerabilities and possible
modes of attack and concealment methods; and
`(B) net assessments to determine architecture performance against adversary
tactics and concealment methods.
`(3) USE- The Director shall use the assessments to guide deployment of
the global nuclear detection architecture and the research and development
activities of the Office.
`SEC. 2006. TECHNOLOGY ACQUISITION, DEPLOYMENT, SUPPORT, AND TRAINING.
`(a) Acquisition Strategy-
`(1) IN GENERAL- The Director shall develop and, subject to the availability
of appropriations, execute a strategy for the acquisition and deployment
of detection systems in order to implement the Department components of
the global nuclear detection architecture developed under section 2003.
`(2) USE OF AVAILABLE CONTRACTING PROCEDURES- The Director shall make
use of all contracting procedures available to the Secretary to implement
the acquisition strategy.
`(3) DETERMINATION OF QUALIFIED ANTI-TERRORISM TECHNOLOGY- The Director
shall make recommendations based on the criteria included in section 862(b)
as to whether the detection systems acquired pursuant to this subsection
shall be designated by the Secretary as anti-terrorism technologies that
qualify for protection under the system of risk management set forth in
subtitle G of title VIII. The Undersecretary for Science and Technology
shall consider the Director's recommendations and expedite the process
of determining whether such detection systems shall be designated as anti-terrorism
technologies that qualify for such protection.
`(b) Deployment- The Director shall deploy detection systems for use by
Department operational units and other end-users in implementing the global
nuclear detection architecture.
`(c) Operational Support and Protocols-
`(1) OPERATIONAL SUPPORT- The Director shall provide operational support
for all systems acquired to implement the acquisition strategy developed
under subsection (a).
`(2) OPERATIONAL PROTOCOLS- The Director shall develop operational protocols
for detection technology acquired and deployed to implement the acquisition
strategy, including procedures for alarm resolution and notification of
appropriate response agencies in the event that illicit nuclear, radioactive,
or fissile materials are detected by such a product or service.
`(3) TECHNICAL REACHBACK- The Director will ensure that the expertise
necessary to accurately interpret detection data is made available in
a timely manner for all technology deployed to implement the global nuclear
detection architecture.
`(d) Training- The Director shall develop and distribute training materials
and provide training to all end-users of technology acquired by the Director
under the acquisition strategy.
`(e) Solicitation of End-User Input- In developing requirements for the
research and development program of section 2004 and requirements for the
acquisition of detection systems to implement the strategy in subsection
(a), the Director shall solicit input from end-users of such systems.
`(f) State and Local Support- Upon request, the Director shall provide guidance
regarding radiation detection technology acquisitions to be made by State,
territorial, tribal and local governments and emergency response providers.
`SEC. 2007. SITUATIONAL AWARENESS.
`(a) Detection Information- The Director--
`(1) shall continuously monitor detection information received from foreign
and domestic detection systems to maintain for the Department a situational
awareness of all nuclear threats;
`(2) shall gather and archive--
`(A) detection data measurements taken of benign activities in the normal
flows of commerce; and
`(B) alarm data, including false alarms and nuisance alarms.
`(b) Information Sharing- The Director shall coordinate with other governmental
agencies to ensure that the detection of unauthorized nuclear explosive
devices, fissile material, or radiological material is promptly reported
to all appropriate Federal response agencies including the Attorney General,
the Director of the Federal Bureau of Investigation, the Secretary of Defense,
and the Secretary of Energy.
`(c) Incident Resolution- The Director shall assess nuclear threats communicated
by Federal, State, tribal, or local officials and provide adequate technical
reachback capability for swift and effective incident resolution.
`(d) Security- The Director shall--
`(1) develop and implement security standards and protocols for the control
and protection of all classified or sensitive information in possession
of the Office; and
`(2) ensure that relevant personnel of the Office have the required security
clearances to properly handle such information.
`SEC. 2008. FORENSIC ANALYSIS.
`The Director shall perform all research, development, and acquisition activities
of the Department pertaining to forensic analysis and attribution of nuclear
and radiological attacks.
`SEC. 2009. THREAT INFORMATION.
`(a) Threat Assessments- The Director shall utilize classified and unclassified
nuclear and radiological threat assessments in designing the global nuclear
detection architecture under section 2003, prioritizing detection system
deployments, and testing and optimizing system performance of that architecture,
including assessments of--
`(2) locations of relevant nuclear and radiological material throughout
the world;
`(3) relevant terrorist tradecraft and concealment methods;
`(4) relevant nuclear and radiological threat objects in terms of possible
detection signatures.
`(b) Access to Information- The Secretary shall provide the Director access
to all information relating to nuclear and radiological threats, including
reports, assessments, analyses, and unevaluated intelligence, that is necessary
to successfully design, deploy, and support the operation of an effective
global detection architecture under section 1903.
`(c) Analytical Support- The Director shall request that the Secretary provide
to the Director, pursuant to section 201(d)(18), the requisite intelligence
and information analysis support necessary to effectively discharge the
Director's responsibilities.
`(d) Analytical Expertise- For the purposes of performing any of the assessments
required under subsection (a), the Director, subject to the availability
of appropriations, may hire professional personnel who are analysts with
experience in performing nuclear and radiological threat assessments.
`(e) Collection Requests- The Director shall recommend to the Secretary
consultation that should occur pursuant to section 201(d)(10) regarding
intelligence collection to design, deploy, and support the operation of
the global detection architecture under section 2003.
`SEC. 2010. ADMINISTRATIVE AUTHORITIES.
`(a) Hiring- In hiring personnel for the Office, the Secretary shall have
hiring and management authorities described in section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C.
3104 note; Public Law 105-261). The term of appointments for employees under
subsection (c)(1) of that section may not exceed 5 years before granting
any extension under subsection (c)(2) of that section.
`(b) Detail of Personnel- In order to assist the Director in discharging
the Director's responsibilities, personnel of other Federal agencies may
be detailed to the Office for the performance of analytic functions and
related duties.
`(c) Transfer of Science and Technology Functions, Personnel, and Assets-
`(1) TRANSFER REQUIRED- Except as provided in paragraph (2), the Secretary
shall transfer to the Director the functions, assets, and personnel of
the Department relating to radiological and nuclear countermeasures, including
forensics of contaminated evidence and attack attribution.
`(2) EXCEPTIONS- The Secretary shall not transfer under paragraph (1)
functions, assets, and personnel relating to consequence management and
recovery.
`(3) ELIMINATION OF DUPLICATION OF EFFORT- The Secretary shall ensure
that to the extent there are complementary functions vested in the Directorate
of Science and Technology and the Office with respect to radiological
and nuclear countermeasures, the Under Secretary for Science and Technology
and the Director coordinate the programs they administer to eliminate
duplication and increase integration opportunities, particularly with
respect to technology development and test and evaluation.
`SEC. 2011. REPORT REQUIREMENT.
`The Director shall submit to the appropriate congressional committees an
annual report on the following:
`(1) The global detection strategy developed under section 2003.
`(2) The status of implementation of such architecture.
`(3) The schedule for future detection system deployments under such architecture.
`(4) The research and development program of the Office.
`(5) A summary of actions taken by the Office during the reporting period
to counter nuclear and radiological threats.
`SEC. 2012. ADVISORY COUNCIL ON NUCLEAR DETECTION.
`(a) Establishment- Pursuant to section 871 of this Act, the Secretary shall
establish within the Office an Advisory Council on Nuclear Detection, which
shall report to the Director (in this section referred to as the `Advisory
Council').
`(b) Functions- The Advisory Council shall, at the request of the Director--
`(1) advise the Director on recommendations for the global nuclear detection
architecture developed under section 2003(a);
`(2) identify research areas for development of next-generation and transformational
nuclear and radiological detection technologies; and
`(3) and have such additional responsibilities as the Director may assign
in furtherance of the Department's homeland security mission with respect
to enhancing domestic and international nuclear and radiological detection
capabilities.
`(c) Membership- The Advisory Council shall consist of 5 members appointed
by the Director, who shall--
`(1) be individuals who have an eminent knowledge and technical expertise
related to nuclear and radiological detection research and development
and radiation detection;
`(2) be selected solely on the basis of their established record of distinguished
service; and
`(3) not be employees of the Federal Government, other than employees
of National Laboratories.
`(d) Conflict of Interest Rules- The Advisory Council shall establish rules
for determining when one of its members has a conflict of interest in a
matter being considered by the Advisory Council, and the appropriate course
of action to address such conflicts of interest.
`SEC. 2013. INTERAGENCY COORDINATION COUNCIL.
`(1) shall establish an interagency coordination council to facilitate
interagency cooperation for purposes of implementing this title;
`(2) shall appoint the Secretary to chair the interagency coordination
council; and
`(3) may appoint the Attorney General, the Secretary of Energy, the Secretary
of State, the Secretary of Defense, and the heads of other appropriate
Federal agencies to designate members to serve on such council.
`SEC. 2014. AUTHORIZATION OF APPROPRIATIONS.
`There is authorized to be appropriated to carry out this title--
`(1) $536,000,000 for fiscal year 2007; and
`(2) such sums as may be necessary for each subsequent fiscal year.
`SEC. 2015. DEFINITIONS.
`(1) The term `Director' means the Director of the Domestic Nuclear Detection
Office.
`(2) The term `fissile materials' means materials capable of sustaining
a nuclear chain reaction.
`(3) The term `global nuclear detection architecture' means a multi-layered
system of detectors deployed internationally and domestically to detect
and interdict nuclear and radiological materials intended for illicit
use.
`(4) The term `nuclear and radiological detection system' means any technology
that is capable of detecting or identifying nuclear and radiological material
or explosive devices.
`(5) The term `Office' means the Domestic Nuclear Detection Office.
`(6) The term `radiological material' means material that emits nuclear
radiation.
`(7) The term `nuclear explosive device' means an explosive device capable
of producing a nuclear yield.
`(8) The term `technical reachback' means technical expert support provided
to operational end users for data interpretation and alarm resolution.
`(9) The term `transformational' means that, if successful, will produce
dramatic technological improvements over existing capabilities in the
areas of performance, cost, or ease of use.'.
(b) Conforming Amendments-
(1) Section 103(d) of the Homeland Security Act of 2002 (6 U.S.C. 113(d))
is amended by adding at the end the following:
`(5) A Director of the Domestic Nuclear Detection Office.'.
(2) Section 302 of such Act (6 U.S.C. 182) is amended--
(A) in paragraph (2) by striking `radiological, nuclear,'; and
(B) in paragraph (5)(A) by striking `radiological, nuclear,'.
(3) Section 305 of such Act (6 U.S.C. 185) is amended by inserting `and
the Director of the Domestic Nuclear Detection Office' after `Technology'.
(4) Section 308 of such Act (6 U.S.C. 188) is amended in each of subsections
(a) and (b)(1) by inserting `and the Director of the Domestic Nuclear
Detection Office' after `Technology'.
(c) Clerical Amendment- The table of contents in section 1(b) of the Homeland
Security Act of 2002 (116 Stat. 2135) is amended by adding at the end the
following:
`TITLE XX--OFFICE OF DOMESTIC NUCLEAR DETECTION
`Sec. 2001. Domestic Nuclear Detection Office.
`Sec. 2002. Functions of Director of the Domestic Nuclear Detection Office,
generally.
`Sec. 2003. Global nuclear detection architecture.
`Sec. 2004. Research and development.
`Sec. 2005. System assessments.
`Sec. 2006. Technology acquisition, deployment, support, and training.
`Sec. 2007. Situational awareness.
`Sec. 2008. Forensic analysis.
`Sec. 2009. Threat information.
`Sec. 2010. Administrative authorities.
`Sec. 2011. Report requirement.
`Sec. 2012. Advisory Council on Nuclear Detection.
`Sec. 2013. Interagency coordination council.
`Sec. 2014. Authorization of appropriations.
`Sec. 2015. Definitions.'.
SEC. 402. NUCLEAR AND RADIOLOGICAL DETECTION SYSTEMS.
(a) Deployment- Not later than September 30, 2007, the Secretary of Homeland
Security shall deploy nuclear and radiological detection systems at 22 United
States seaports. To the extent feasible, the Secretary shall deploy the
next-generation radiation portal monitors tested in the pilot program under
subsection (d) at such United States seaports.
(b) Strategy- Not later than 90 days after the date of the enactment of
this Act, the Secretary, acting through the Director of the Domestic Nuclear
Detection Office of the Department, shall submit to the appropriate congressional
committees a strategy for the deployment of nuclear and radiological detection
systems at all remaining United States seaports.
(c) Contents- The strategy submitted under subsection (b) shall include--
(1) a risk-based prioritization of United States seaports at which nuclear
and radiological detection systems will deployed;
(2) a proposed timeline of when nuclear and radiological detection systems
will be deployed at each of the seaports identified under paragraph (1);
(3) the type of systems to be used at each of the seaports identified
under paragraph (1);
(4) standard operating procedures for examining containers with such systems;
(5) the Department policy for using nuclear and radiological detection
systems;
(6) a classified annex that details plans for covert testing; and
(7) a classified annex that outlines the risk-based prioritization of
seaports used under paragraph (1).
(d) Safety Plan- Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the appropriate congressional
committees a plan that--
(1) details the health and safety impacts of nuclear and radiological
detection systems; and
(2) describes the policy of U.S. Customs and Border Protection for using
nuclear and radiological detection systems.
(1) IN GENERAL- Not later than January 1, 2007, the Secretary, acting
through the Director of the Domestic Nuclear Detection Office of the Department,
shall initiate a pilot program to deploy and test the operational performance
of next-generation radiation portal monitors at one or more United States
seaports with a high-volume of containerized cargo.
(2) REPORT- Not later than March 31, 2007, the Secretary shall submit
to the appropriate congressional committees a report that contains--
(A) a description of the next-generation radiation portal monitors deployed
at United States seaports under the pilot program;
(B) a description of the operational characteristics of the pilot program
at selected United States seaports; and
(C) an evaluation of the operational performance of the next-generation
radiation portal monitors, including nuisance alarm rates, and a description
of the standards used in such evaluation.
(f) Deployment of Next-Generation Radiation Portal Monitors-
(1) IN GENERAL- If the Secretary, acting through the Director of the Domestic
Nuclear Detection Office of the Department, determines that the operational
performance of the next-generation radiation portal monitors under the
pilot program carried out under subsection (e) has met the standards described
subsection (e)(2)(C), the Secretary shall deploy next-generation radiation
portal monitors, in fixed or other configurations, at all United States
seaports with a high-volume of containerized cargo to improve cargo screening
capabilities at such seaports not later than September 30, 2007.
(2) CONGRESSIONAL NOTIFICATION- If any deployment of next-generation radiation
portal monitors is deemed by the Secretary to be operationally infeasible
or would result in ineffective, inefficient, or otherwise wasteful use
of resources, the Secretary shall notify the appropriate congressional
committees and recommend alternative actions.
(g) Enhancing Overseas Detection Capabilities- The Secretary, acting through
the Director of the Domestic Nuclear Detection Office of the Department,
shall work with appropriate Federal departments and agencies to coordinate
the installation of nuclear and radiological detection systems at foreign
seaports.
(h) Definitions- In this section:
(1) NEXT-GENERATION RADIATION PORTAL MONITORS- The term `next-generation
radiation portal monitors' means non-intrusive, containerized cargo examination
technologies that possess radionuclide isotope identification capabilities.
(2) NUCLEAR AND RADIOLOGICAL DETECTION SYSTEM- The term `nuclear and radiological
detection system' means any technology that is capable of detecting or
identifying nuclear and radiological material or explosive devices.
Passed the House of Representatives May 4, 2006.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 432
109th CONGRESS
2d Session
H. R. 4954
AN ACT
To improve maritime and cargo security through enhanced layered defenses,
and for other purposes.
May 16, 2006
Read the second time and placed on the calendar
END
