Calendar No. 292
109th CONGRESS
1st Session
S. 2008
To improve cargo security, and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 15, 2005
Mrs. MURRAY (for herself, Ms. COLLINS, Mr. LIEBERMAN, and Mr. COLEMAN)
introduced the following bill; which was read the first time
November 16, 2005
Read the second time and placed on the calendar
A BILL
To improve cargo security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `GreenLane Maritime Cargo
Security Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 5. Office of Cargo Security Policy.
Sec. 6. Container security standards and procedures.
Sec. 7. Radiation detection and radiation safety.
Sec. 8. Container Security Initiative.
Sec. 9. Customs-Trade Partnership Against Terrorism.
Sec. 10. GreenLane designation.
Sec. 11. Joint operations center.
Sec. 12. Research, development, test, and evaluation.
Sec. 13. Port Security Grant Program.
Sec. 14. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Maritime vessels are the primary mode of transportation for international
trade and they carry over 80 percent of international trade by volume.
Improving the security of this complex supply chain is critical for the
prosperity and liberty of all nations.
(2) In 2004, approximately 9,700,000 shipping containers came into the
United States through the Nation's seaports, averaging nearly 27,000 per
day.
(3) In May 2002, the Brookings Institution estimated that costs associated
with United States port closures from a detonated terrorist weapon could
add up to $1,000,000,000,000 from the resulting economic slump and changes
in our Nation's ability to trade. Although the October 2002 west coast
port closures were anticipated, such closures cost the American economy
approximately $1,000,000,000 per day for the first 5 days.
(4) In its final report, the National Commission on Terrorist Attacks
Upon the United States noted, `While commercial aviation remains a possible
target, terrorists may turn their attention to other modes of transportation.
Opportunities to do harm are as great, or greater, in maritime or surface
transportation. Initiatives to secure shipping containers have just begun.'.
(5) The April 2005 Government Accountability Office report entitled `CONTAINER
SECURITY: A Flexible Staffing Model and Minimum Equipment Requirements
Would Improve Overseas Targeting and Inspection Efforts' reported that
the effectiveness of the Container Security Initiative is compromised
when containers screened by the Bureau of Customs and Border Protection
and identified as high-risk are not properly inspected and examined by
foreign governments.
(6) The March 2005 Government Accountability Office report entitled, `CARGO
SECURITY: Partnership Program Grants Importers Reduced Scrutiny with Limited
Assurance of Improved Security', reports that the terrorist events of
September 11, 2001, raised concerns about the potential use of company
supply chains, particularly oceangoing cargo containers, to move weapons
of mass destruction to the United States. While the likelihood of such
use of containers is considered low, the movement of oceangoing containerized
cargo is vulnerable to some form of terrorist action. Such action, including
attempts to smuggle either fully assembled weapons of mass destruction
or their individual components, could lead to widespread death and damage.
(7) In August 2005, the President issued the National Strategy for Maritime
Security, which notes that the probability of a hostile state using a
weapon of mass destruction (referred to in this section as `WMD') will
increase during the next decade. WMD are of great concern since the maritime
sector is the most likely to be used to bring a WMD into the United States.
In addition, the adoption of a `just-in-time delivery approach to shipping
by most industries, rather than stockpiling or maintaining operating reserves
of energy, raw materials, and key components, means that a disruption
or slowing of the flow of almost any item can have widespread implications
for the overall market and national economy'.
(8) Significant enhancements can be achieved by applying a layered approach
to supply chain security, though such layers must be developed in a coordinated
fashion. Current supply chain security programs within the Federal government
have been independently operated, often falling short of gains which could
be made had coordination taken place.
(9) In a May 26, 2005, hearing of the Permanent Subcommittee on Investigations
of the Committee on Homeland Security and Governmental Affairs of the
Senate, key concerns with the Department's supply chain security programs
were noted, including--
(A) only 17.5 percent of the cargo that the Bureau of Customs and Border
Protection had identified as high-risk is inspected overseas;
(B) equipment, such as radiation detection devices and nonintrusive
imaging machines, used overseas for inspections are untested and of
unknown quality;
(C) the Bureau of Customs and Border Protection has failed to develop
performance measures for the Container Security Initiative that would
validate CSI port designations and justify the deployment of personnel
overseas;
(D) the lack of such performance measures and an assessment for staffing
allocations has lead to some CSI ports being overstaffed while others
are inadequately staffed;
(E) substantial benefits including fewer inspections are provided to
importers enrolled in the C-TPAT program without a thorough review or
validation of their supply chain security profiles; and
(F) the validation procedures and requirements are not sufficiently
rigorous to ensure the C-TPAT member's security procedures are adequate.
(10) The statement of managers accompanying the conference report on the
Department of Homeland Security Appropriations Act, 2005 (Public Law 108-334)
directed the Under Secretary for Border and Transportation Security to
`submit a report to the Congress no later than February 8, 2005, which
identified: (1) the steps the Department has taken to date to enhance
shipping container security, (2) the resources that have been devoted
to shipping container security in prior fiscal years and the proposed
resources to continue this security, (3) the results of on-going projects,
such as Operation Safe Commerce, CSI, C-TPAT and others, (4) which departmental
entity has primary responsibility for implementing the needed changes,
and (5) the steps the entity with primary responsibility will take to
implement these changes, including a specific schedule for the development
and issuance of standards, policies, procedures, or regulations.'. The
statement of managers accompanying the conference report on the Department
of Homeland Security Appropriations Act, 2006 (Public Law 109-90) directed
the Department of Homeland Security to conduct a new review regarding
cargo container security, stating `on June 9, 2005, the Department submitted
a report on cargo container security which was 4 months overdue and did
not meet the needs outlined in the statement of managers accompanying
the conference report on the Department of Homeland Security Appropriations
Act, 2005 (Public Law 108-334).'.
(11) While it is impossible to completely remove the risk of terrorist
attacks, security measures in the transport sector designed to counter
terrorism can add certainty and stability to the global economy, raise
investor confidence, and facilitate trade. Some counterterrorism costs
are integral to the price that must be paid to protect society. However,
counter-terrorism measures can also present an opportunity to find and
agree on measures that combine the imperative to fight terrorism with
the possibility of increased efficiency in the system. These efficiency
gains are maximized when all nations adopt them.
(12) The World Customs Organization has taken a positive step in furtherance
of international supply chain security in publishing the Framework of
Standards to Secure and Facilitate Global Trade, which outlines a set
of minimum standards designed to--
(A) establish standards for security and trade facilitation;
(B) enable integrated supply chain management;
(C) enhance the capabilities of customs administrations; and
(D) promote cooperation between the customs and business communities.
(13) The shipping industry has a responsibility to monitor, self-assess,
and report on the risks associated with goods under their control or use.
The public sector must offer incentives for companies to invest in security
in order to promote information sharing and other public-benefit outcomes.
(14) Increasing the transparency of the supply chain will assist in mitigating
the impact of an incident by allowing for targeted shutdown of the international
supply chain and expedited restoration of commercial traffic.
SEC. 3. DEFINITIONS.
(1) AUTOMATED TARGETING SYSTEM- The term `Automated Targeting System'
means the system established by the Bureau of Customs and Border Protection
to assess imports and target those imports which pose a high risk of containing
contraband.
(2) CONTAINER- The term `container' has the meaning given the term in
the International Convention for Safe Containers, with annexes, done at
Geneva December 2, 1972 (29 UST 3707).
(3) CONTAINER SECURITY DEVICE- The term `container security device' means
a device or system to track and monitor containers for, and secure them
against, tampering or compromise throughout the international supply chain.
(4) CONTAINER SECURITY INITIATIVE; CSI- The terms `Container Security
Initiative' and `CSI' mean the program authorized under section 8 to identify
and examine maritime containers that pose a risk for terrorism at foreign
ports before they are shipped to the United States.
(5) CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM; C-TPAT- The terms `Customs-Trade
Partnership Against Terrorism' and `C-TPAT' mean the voluntary program
authorized under section 9 to strengthen and improve the overall security
of the international supply chain and United States border security.
(6) DEPARTMENT- The term `Department' means the Department of Homeland
Security.
(7) EXAMINATION- The term `examination' means an inspection of cargo to
detect the presence of misdeclared, restricted, or prohibited items, including
an inspection using nonintrusive imaging and detection technology.
(8) GREENLANE- The term `GreenLane' refers to the third tier of C-TPAT,
that offers additional benefits to validated C-TPAT participants that
demonstrate a sustained commitment beyond the minimum requirements for
participation in C-TPAT.
(9) INSPECTION- The term `inspection' means the comprehensive process
used by the Bureau of Customs and Border Protection for assessing goods
entering the United States to appraise them for duty purposes, to detect
the presence of restricted or prohibited items, and to ensure compliance
with all applicable laws. This process may include screening, conducting
an examination, or conducting a search.
(10) INTERNATIONAL SUPPLY CHAIN- The term `international supply chain'
means the end-to-end process for shipping goods from a point of origin
overseas to the United States.
(11) OPERATION SAFE COMMERCE- The term `Operation Safe Commerce' means
the research, development, test, and evaluation grant program that brings
together private sector shareholders, port officials, and Federal, State,
and local representatives to analyze existing security procedures for
cargo and develop new security protocols that have the potential to increase
the security of cargo shipments by monitoring the movement and integrity
of cargo through the international supply chain.
(12) POINT OF ORIGIN- The term `point of origin', in the case of goods,
means the point at which such goods are assembled into the smallest exterior
packaging unit for movement through the international supply chain.
(13) SCREENING- The term `screening' means a visual or automated review
of information about goods, including manifest or entry documentation
accompanying a shipment being imported into the United States, to determine
or assess the threat of such cargo.
(14) SEARCH- The term `search' means an intrusive examination in which
a container is opened and its contents are de-vanned and visually inspected
by inspectional personnel for the presence of misdeclared, restricted,
or prohibited items.
(15) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
(16) SMALLEST EXTERIOR PACKAGING UNIT- The term `smallest exterior packaging
unit' has the meaning given such term in section 4.7a of title 19, Code
of Federal Regulations (as in effect on the date of enactment of this
Act).
(17) SUPPLY CHAIN VISIBILITY PROCEDURE- The term `supply chain visibility
procedure' means a system or process capable of tracking goods at the
smallest exterior packaging unit level from their point of origin to the
point of loading into a container entering the international supply chain.
(18) TRANSPORTATION SECURITY INCIDENT- The term `transportation security
incident' has the meaning given such term in section 70101(6) of title
46, United States Code.
SEC. 4. STRATEGY.
(1) IN GENERAL- Not later than 180 days after the date of enactment of
this Act, the Secretary, in consultation with appropriate Federal, State,
local, and tribal government agencies and private sector stakeholders
responsible for security matters that affect or relate to the movement
of containers through the international supply chain, shall submit a comprehensive
strategic plan to enhance international supply chain security for all
modes of transportation by which containers arrive in, depart from, or
move through seaports of the United States to--
(A) the Committee on Homeland Security and Governmental Affairs of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House of Representatives;
and
(D) the Committee on Appropriations of the House of Representatives.
(2) CONTENT- The strategic plan submitted under paragraph (1) shall--
(A) clarify and delineate the roles, responsibilities, and authorities
of Federal, State, local, and tribal government agencies and private
sector stakeholders that relate to the security of the movement of containers
through the international supply chain;
(B) provide measurable goals, including objectives, mechanisms, and
a schedule, for furthering the security of commercial operations from
point of origin to point of destination;
(C) build on available resources and consider costs and benefits;
(D) identify mandatory, baseline security goals, and the minimum container
security standards and procedures described in section 6;
(E) provide incentives for additional voluntary measures to enhance
cargo security, as determined by the Secretary and under the GreenLane
Program under section 10;
(F) include a process for sharing intelligence and information with
private sector stakeholders to assist in their security efforts;
(G) identify a framework for prudent and measured response in the event
of a transportation security incident involving the international supply
chain;
(H) provide a plan for the expeditious resumption of the flow of legitimate
trade in accordance with paragraph (3);
(I) focus on the secure movement of containerized cargo through the
international supply chain; and
(J) expand upon and relate to existing strategies and plans, including
the National Strategy for Maritime Security.
(A) IN GENERAL- The Secretary shall develop protocols for the resumption
of trade in the event of a transportation security incident that necessitates
the suspension of trade through contingency and continuity planning
that ensure trade lanes are restored as quickly as possible.
(B) PREFERENCES- In reestablishing the flow of cargo through ports of
entry in the United States after a transportation security incident,
the Secretary shall give preference to vessels--
(i) having a vessel security plan approved or accepted under section
70103(c) of title 46, United States Code;
(ii) entering a port of entry directly from a foreign port designated
under CSI or from another foreign port, as determined by the Secretary;
(iii) operated by validated C-TPAT participants; and
(iv) carrying GreenLane designated cargo.
(4) UPDATE- Not less than 3 years after the strategic plan is submitted
under paragraph (1), the Secretary shall submit an update of the strategic
plan to the Committee on Homeland Security and Governmental Affairs of
the Senate, the Committee on Homeland Security of the House of Representatives,
the Committee on Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives.
(5) CONSULTATIONS- Consultations described in paragraph (1) shall focus
on--
(A) designing measurable goals, including objectives, mechanisms, and
a schedule, for furthering the security of the international supply
chain;
(B) identifying and addressing gaps in capabilities, responsibilities,
or authorities;
(C) identifying and streamlining unnecessary overlaps in capabilities,
responsibilities, or authorities; and
(D) identifying and making recommendations regarding legislative, regulatory,
and organizational changes necessary to improve coordination among the
entities or to enhance the security of the international supply chain.
(6) UTILIZATION OF ADVISORY COMMITTEES- As part of the consultative process,
the Secretary is encouraged to utilize the Homeland Security Advisory
Committee, the National Maritime Security Advisory Committee, and the
Commercial Operations Advisory Committee to review, as necessary, the
draft strategic plan and any subsequent update to that plan.
(7) INTERNATIONAL STANDARDS AND PRACTICES- In furtherance of the strategic
plan, the Secretary is encouraged to consider proposed or established
standards and practices of foreign governments and international organizations,
including the International Maritime Organization, the World Customs Organization,
the International Labor Organization, and the International Organization
for Standardization, as appropriate, to establish standards and best practices
for the security of containers moving through the international supply
chain.
(b) Improvements to Automated Targeting System-
(1) PLAN- Not later than 90 days after the date of enactment of this Act,
the Secretary shall develop and implement a plan for improving the Automated
Targeting System for identifying high-risk containers moving through the
international supply chain.
(A) TREATMENT OF RECOMMENDATIONS- The Secretary shall include in the
plan required under paragraph (1) a schedule for completing all outstanding
corrective actions recommended by the Comptroller General of the United
States, the Inspector General of the Department of the Treasury, and
the Inspector General of the Department with respect to the operation
of the Automated Targeting System.
(B) INFORMATION SUBMISSIONS- In developing the plan under paragraph
(1), the Secretary shall consider the cost, benefit, and feasibility
of--
(i) requiring additional nonmanifest documentation for each container,
including purchase orders, shipper's letters of instruction, commercial
invoices, letters of credit, certificates of origin, advance shipping
notices, vessel stow plans, and certain container status messages,
when created;
(ii) reducing the time period allowed by law for revisions to a container
cargo manifest;
(iii) reducing the time period allowed by law for submission of entry
data for vessel or cargo; and
(iv) such other actions the Secretary considers beneficial for improving
the information relied upon for the Automated Targeting System and
any other targeting systems in furthering the security and integrity
of the international supply chain.
(C) OUTSIDE REVIEW- The Secretary shall conduct, through an independent
panel, a review of the Automated Targeting System. The results of this
review shall be included in the plan submitted under paragraph (1).
(D) SMART SYSTEM- The Secretary shall consider future iterations of
the Automated Targeting System, which would incorporate smart features,
such as more complex algorithms and real-time intelligence, instead
of relying solely on rule sets that are periodically updated.
(3) NEW OR EXPANDED INFORMATION SUBMISSIONS- In considering any new or
expanded information submission requirements, the Secretary shall consult
with stakeholders and identify the need for such information, and the
appropriate timing of its submission, in the plan submitted under paragraph
(1).
(4) SECURE TRANSMISSION OF CERTAIN INFORMATION- All information required
by the Department from supply chain partners shall be transmitted in a
secure fashion, as determined by the Secretary, so as to protect the information
from unauthorized access.
(c) Uniform Data for Government-Wide Usage-
(1) ESTABLISHMENT- The Secretary, in conjunction with representatives
from the Department, the Department of Transportation, the Department
of Health and Human Services, the Department of Agriculture, the Department
of Commerce, the Department of State, the Department of Defense, the Department
of Justice, the Department of the Interior, and other appropriate Federal
agencies, as determined by the Secretary, shall establish and implement
a single, uniform data system for the electronic collection, dissemination,
and sharing of import and export information to increase the efficiency
of data submission and the security of such data related to border security,
trade, and public health and safety of international cargoes (referred
to in this subsection as the `International Trade Data System').
(2) INTERAGENCY STEERING GROUP- The Deputy Director for Management of
the Office of Management and Budget (referred to in this subsection as
the `Deputy Director'), pursuant to responsibilities under chapter 36
of title 44, United States Code, shall establish an executive level, interdepartmental
steering group (referred to in this subsection as the `Interdepartmental
Steering Group'), comprised of representatives of the departments listed
in paragraph (1), to coordinate, the establishment, investment in, and
implementation of the International Trade Data System.
(3) IMPLEMENTATION- Not later than 1 year after the date of enactment
of this Act, the Deputy Director, through the Interdepartmental Steering
Group, shall complete the development of the harmonized data set of import
and export information submitted to agencies with a presence at the international
border of the United States.
(4) PRIVATE SECTOR CONSULTATION- The Secretary and the Interdepartmental
Steering Group shall consult with private sector stakeholders in developing
the uniform data submission requirements, procedures, and schedules.
(5) JOINT INSPECTIONS PROCEDURES- The Deputy Director, through the Interdepartmental
Steering Group, shall develop plans for longer term uses of the International
Trade Data System, including facilitating joint cargo inspections by multiple
Federal agencies to meet their respective requirements.
SEC. 5. OFFICE OF CARGO SECURITY POLICY.
(a) Establishment- Subtitle C of title IV of the Homeland Security Act of
2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following:
`SEC. 431. OFFICE OF CARGO SECURITY POLICY.
`(a) Establishment- There is established within the Department an Office
of Cargo Security Policy (referred to in this section as the `Office').
`(b) Purpose- The Office shall--
`(1) coordinate all Department policies and programs relating to cargo
security; and
`(2) consult with stakeholders and work with other Federal agencies to
establish standards and regulations and to promote best practices.
`(1) APPOINTMENT- The Office shall be headed by a Director, who shall--
`(A) be appointed by the Secretary; and
`(B) report to the Assistant Secretary for Policy.
`(2) RESPONSIBILITIES- The Director shall--
`(A) advise the Secretary and the Assistant Secretary for Policy regarding
all aspects of Department programs relating to cargo security;
`(B) develop Department-wide policies regarding cargo security;
`(C) coordinate the cargo security policies and programs of the Department
with other executive agencies; and
`(D) coordinate all programs of the Department relating to cargo security.'.
(b) Designation of Liaison Office of Department of State- The Secretary
of State shall designate a liaison office within the Department of State
to assist the Secretary, as appropriate in negotiating cargo security related
international agreements; in conducting activities under this Act; and other
responsibilities as assigned by the Secretary of State.
SEC. 6. CONTAINER SECURITY STANDARDS AND PROCEDURES.
(1) IN GENERAL- Not later than 180 days after the date of enactment of
this Act, the Secretary shall establish, by regulation, minimum standards
and procedures for securing containers in transit to an importer in the
United States.
(2) INFORMATION SOURCES- The Secretary shall use information from C-TPAT,
Operation Safe Commerce, any container security program of the Directorate
of Science and Technology, and other security initiatives to establish
the standards and procedures described in paragraph (1). Such standards
may address operation, technology use, and performance.
(3) DEADLINE FOR ENFORCEMENT- Not later than 2 years after the establishment
of standards and procedures under subsection (a), all containers bound
for ports of entry in the United States shall meet such standards and
procedures.
(b) Review and Enhancement- The Secretary shall regularly--
(1) review the standards and procedures established pursuant to subsection
(a); and
(2) enhance the security standards and procedures, as appropriate, based
on tests of technologies as they become commercially available to detect
container intrusion and the highest consequence threats, particularly
weapons of mass destruction, in accordance with section 11.
(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.
SEC. 7. RADIATION DETECTION AND RADIATION SAFETY.
(a) Examining Containers- Not later than 1 year after the date of enactment
of this Act, all containers entering the United States shall be examined
for radiation.
(1) IN GENERAL- Not later than 90 days after the date of enactment of
this Act, the Secretary shall submit a strategy for the deployment of
radiation detection equipment at all ports of entry to--
(A) the Committee on Homeland Security and Governmental Affairs of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House of Representatives;
and
(D) the Committee on Appropriations of the House of Representatives.
(2) CONTENTS- The strategy submitted under paragraph (1) shall include--
(A) the type of equipment to be used;
(B) standard operating procedures for examining containers with such
equipment;
(C) a plan detailing the environmental health and safety impacts of
nonintrusive inspection technology;
(D) the Department policy for the using nonintrusive inspection equipment;
and
(E) a classified annex that details plans for covert testing.
(c) Radiation Safety- Not later than 90 days after the date of enactment
of this Act, the Secretary shall submit a plan, to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on Appropriations
of the Senate, the Committee on Homeland Security of the House of Representatives,
and the Committee on Appropriations of the House of Representatives, that--
(1) details the health and safety impacts of nonintrusive inspection technology;
and
(2) describes the policy of the Bureau of Customs and Border Protection
for using nonintrusive inspection equipment.
SEC. 8. CONTAINER SECURITY INITIATIVE.
(a) Authorization- The Secretary is authorized to establish and implement
a program (to be known as the `Container Security Initiative' or `CSI')
to identify and examine maritime containers that pose a 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 coordination with the Secretary of State and other Federal
officials, as appropriate, shall conduct an assessment of the port to evaluate
costs, benefits, and other factors associated with designation, including--
(1) the level of risk for the potential compromise of containers by terrorists
or terrorist weapons;
(2) the economic impact of cargo traveling from the foreign port in terms
of trade value and volume;
(3) the results of the Coast Guard assessments conducted pursuant to section
70108 of title 46, United States Code;
(4) the capabilities and level of cooperation expected of the intended
host country;
(5) the potential for validation of security practices by the Department,
directly or through certified third parties within the country in which
the foreign port is located;
(6) the potential for amending trade agreements to reflect participation
in CSI; and
(7) the potential for C-TPAT and GreenLane cargo traveling from the foreign
port.
(c) Annual Report- Not later than March 1 of each year in which the Secretary
proposes to designate a foreign port under CSI, the Secretary shall submit
a report, in classified or unclassified form, detailing the assessment of
each foreign port the Secretary is considering designating under CSI, to--
(1) the Committee on Homeland Security and Governmental Affairs of the
Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Homeland Security of the House of Representatives;
and
(4) the Committee on Appropriations of the House of Representatives.
(d) Current CSI Ports- The report under subsection (c) shall include an
annual assessment justifying the continuance of each port designated under
CSI as of the date of enactment of this Act.
(e) Designation of New Ports- The Secretary shall not designate a foreign
port under CSI unless the Secretary has completed the assessment required
in subsection (b) for that port and submitted a report under subsection
(c) that includes that port.
(f) Negotiations- The Secretary of State, in conjunction with the United
States Trade Representative, shall enter into trade negotiations with the
government of each foreign country with a port designated under CSI, as
appropriate, to ensure full compliance with the requirements under CSI.
(1) REQUIREMENTS AND PROCEDURES- The Secretary shall--
(A) establish technical capability requirements and standard operating
procedures for the use of nonintrusive inspection and radiation detection
equipment in conjunction with CSI;
(B) require each port designated under CSI to operate the equipment
in accordance with the requirements and procedures established under
subparagraph (A); and
(C) continually monitor the technologies, processes, and techniques
used to inspect cargo at ports designated under CSI.
(A) IN GENERAL- The Secretary, in coordination with the Secretary of
State, the Secretary of Energy, and other Federal agencies, shall identify
foreign assistance programs that could facilitate the implementation
of cargo security antiterrorism measures at ports designated under CSI
and foreign ports not designated under CSI that lack effective antiterrorism
measures.
(B) ACQUISITION- The Secretary may lease or loan nonintrusive inspection
and radiation detection equipment for containers to the government of
a foreign country for use in ports participating in CSI.
(C) TRAINING- The Secretary may provide training on the use of equipment
to foreign personnel at each port designated under CSI.
(h) Personnel- The Secretary shall--
(1) annually assess the personnel needs at each port designated under
CSI;
(2) deploy personnel in accordance with the assessment under paragraph
(1); and
(3) consider the potential for remote targeting in decreasing the number
of personnel.
SEC. 9. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM.
(1) AUTHORIZATION- The Secretary is authorized to establish a voluntary
program (to be known as the `Customs-Trade Partnership Against Terrorism'
or `C-TPAT') to strengthen and improve the overall security of the international
supply chain and United States border security.
(2) CORRECTION OF DEFICIENCIES- The Secretary shall correct the deficiencies
of the C-TPAT program that were identified in the Government Accountability
Office report entitled `CARGO SECURITY: Partnership Program Grants Importers
Reduced Scrutiny with Limited Assurance of Improved Security' (GAO-05-404).
(3) MINIMUM REQUIREMENTS- The Secretary shall promulgate regulations that
describe the minimum requirements, program tiers, and program benefits
of C-TPAT.
(b) Participation- Importers, brokers, air, sea, land carriers, and other
entities in the international supply chain and intermodal transportation
system are eligible to apply to voluntarily enter into partnerships with
the Department.
(c) Minimum Requirements- An applicant seeking to participate in C-TPAT
shall--
(1) demonstrate a history of moving commerce in the international supply
chain;
(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;
(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.
(1) GUIDELINES- Not later than 180 days after the date of enactment of
this Act, the Secretary shall update guidelines for certifying a participant's
security measures and supply chain security practices.
(2) TIER ONE BENEFITS- The Secretary may offer limited benefits to C-TPAT
participants whose security measures and supply chain security practices
have been certified in accordance with the guidelines established pursuant
to paragraph (1). Such benefits may not include reduced scores in the
Automated Targeting System.
(1) IN GENERAL- Not later than 1 year after a participant has been certified
under subsection (d)(1), the Secretary shall validate, directly or through
certified third parties, the security measures and supply chain security
practices of that participant. Such validation shall include a visit to
foreign locations utilized by the C-TPAT participant as part of the supply
chain.
(2) GUIDELINES- Not later than 180 days after the date of enactment of
this Act, the Secretary shall update guidelines for validating a participant's
security measures and supply chain security practices.
(3) CONSEQUENCES FOR FAILED VALIDATION- If a C-TPAT participant's security
measures and supply chain security practices fail to meet validation requirements--
(A) the participant may not receive the benefits of validation; and
(B) the Commissioner of the Bureau of Customs and Border Protection
may deny the participant all benefits under C-TPAT.
(4) RIGHT OF APPEAL- A C-TPAT participant described under paragraph (3)
may--
(A) file an appeal with the Secretary of the Commissioner's decision
under paragraph (3)(B) to deny benefits under C-TPAT; and
(B) request revalidation.
(5) TIER TWO BENEFITS- The Secretary shall extend benefits to each participant
who has been validated under this subsection, which may include--
(B) priority processing for searches; and
(C) reduced scores in the Automated Targeting System.
(f) Revalidation- The Secretary shall establish a process for revalidating
C-TPAT participants. Such revalidation shall occur not less frequently than
once during every 3-year period following validation.
SEC. 10. GREENLANE DESIGNATION.
(a) Establishment- The Secretary shall establish a third tier of C-TPAT
(referred to in this section as the `GreenLane') that offers additional
benefits to validated C-TPAT participants that demonstrate a sustained commitment
beyond the minimum requirements for participation in C-TPAT.
(b) Basic Requirements- Designated GreenLane participants shall ensure that--
(1) entry data is submitted on shipments before loading;
(2) cargo is loaded at a port designated under CSI, or other foreign port
as determined by the Secretary, for transit to the United States;
(3) cargo is loaded on a vessel with a vessel security plan approved or
accepted under section 70103(c) of title 46, United States Code;
(4) cargo is made available for screening and examination before loading
using technologies, processes or techniques, as determined by the Secretary;
(5) the supply chain visibility procedures established by the Secretary
are utilized;
(6) container security devices meeting the standards and procedures established
by the Secretary are utilized;
(7) cargo complies with additional security criteria established by the
Secretary beyond the minimum requirements for C-TPAT participation under
section 9(c), particularly in the area of access controls; and
(8) cargo complies with any other requirements determined by the Secretary.
(c) Containers Transhipped Through Canada or Mexico Under GreenLane- Containers
entering the United States under GreenLane at a land border port of entry
shall undergo the equivalent, appropriate level of inspection and screening
for potential compromise by terrorists or terrorist weapons as containers
arriving at a United States port of entry from a foreign port.
(d) Consequences for Lack of Compliance-
(1) IN GENERAL- Any participant whose security measures and supply chain
security practices have been found by the Secretary to be out of compliance
with any requirements of the GreenLane program shall be denied all benefits
under GreenLane.
(2) RIGHT OF APPEAL- GreenLane participants under paragraph (1) shall
have the right to appeal denial of benefits decisions to the Secretary
and request redesignation under GreenLane.
(e) Non-Containerized Cargo- The Secretary may consider the potential for
participation in the GreenLane Program by importers of non-containerized
cargoes that otherwise meet the requirements under this section.
(f) Overseas Screening and Examinations- Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit a strategy for
screening and examining GreenLane containers overseas before they are loaded
on to vessels destined for the United States to--
(1) the Committee on Homeland Security and Governmental Affairs of the
Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Homeland Security of the House of Representatives;
and
(4) the Committee on Appropriations of the House of Representatives.
(1) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Secretary, in consultation with private sector stakeholders,
shall promulgate regulations that establish--
(A) requirements for supply chain visibility procedures;
(B) performance standards for container security devices and protocols
for their use;
(C) procedures for overseas screening and examination of GreenLane containers;
and
(D) any other GreenLane Program requirements that the Secretary considers
appropriate, including requirements building upon security measures
and supply chain security best practices contained in the C-TPAT minimum
requirements set forth in section 9(c).
(2) BENEFITS- Not later than 2 years after the date of enactment of this
Act, the Secretary, in consultation with the Commercial Operations Advisory
Committee, shall promulgate regulations providing benefits for participation
in the GreenLane Program, which may include--
(A) the expedited release of GreenLane cargo into destination ports
within the United States during all threat levels designated by the
Secretary or the Commandant of the Coast Guard;
(B) reduced or eliminated bonding requirements for GreenLane cargo;
(C) preference to vessels (as described in section 4(e)(B));
(D) further reduced searches;
(E) priority processing for searches;
(F) further reduced scores in the Automated Targeting System; and
(G) streamlined billing of any customs duties or fees.
SEC. 11. JOINT OPERATIONS CENTER.
(a) Establishment- Not later than 3 years after the date of enactment of
this Act, the Secretary shall establish joint operation centers for maritime
and cargo security to--
(1) enhance information sharing;
(2) facilitate day-to-day operational coordination; and
(3) in the case of a transportation security incident, facilitate incident
management and response.
(b) Organization- At a minimum, a joint operations center shall be colocated
with the command center for each Coast Guard sector. If a particular port
is covered by a command center that is not located at that port, the Secretary
shall consider virtual connectivity to maintain awareness of activities
of that port and to provide other agency participation in accordance with
subsection (c).
(c) Participation- The following entities shall participate in each joint
operations center for maritime and cargo security:
(1) The United States Coast Guard.
(2) The Bureau of Customs and Border Protection.
(3) The Bureau of Immigration and Customs Enforcement.
(4) The Department of Defense, as appropriate.
(5) The Federal Bureau of Investigation.
(6) Other Federal agencies with a presence at a particular port, as appropriate,
or as otherwise selected by the Secretary.
(7) State, local, and international law enforcement and first responder
agencies responsible for the port, as appropriate, or as otherwise selected
by the Secretary.
(8) Port authority representatives, maritime exchanges, private sector
stakeholders, and other entities subject to an Area Maritime Security
Plan, as selected by the Secretary.
(d) Responsibilities- Each joint operations center for maritime and cargo
security shall--
(1) assist, as appropriate, in the implementation of maritime transportation
security plans developed under section 70103 of title 46, United States
Code;
(2) implement the transportation security incident response plans required
under section 70104 of such title;
(3) carry out information sharing activities consistent with those required
under section 1016 of the National Security Intelligence Reform Act of
2004 (6 U.S.C. 485) and the Homeland Security Information Sharing Act
(6 U.S.C. 481 et seq.);
(4) conduct short- and long-range vessel tracking under sections 70114
and 70115 of such title 46, United States Code; and
(5) carry out such other responsibilities as determined by the Secretary.
(e) Security Clearances- The Secretary shall sponsor and expedite individuals
participating in the joint operations centers in gaining or maintaining
their security clearances. Through the Captain of the Port, the Secretary
may identify key individuals who should participate. In addition, the port
or other entities may appeal to the Captain of the Port for sponsorship.
(f) Security Incidents- During a transportation security incident involving
the port, the Coast Guard Captain of the Port designated by the Commandant
of the Coast Guard in each joint operations center for maritime security
shall act as the incident commander, unless otherwise directed under the
National Response Plan.
(1) IN GENERAL- Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit an implementation plan for this section
to--
(A) the Committee on Homeland Security and Governmental Affairs of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House of Representatives;
and
(D) the Committee on Appropriations of the House of Representatives.
(2) CONTENTS- The report submitted under paragraph (1) shall describe,
for each joint operations center--
(B) the specific participating entities;
(C) the implementation costs; and
(D) the necessary resources for operation and maintenance, including
the cost-sharing requirements for other agencies and participants.
SEC. 12. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
(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, acting through the Undersecretary for Science
and Technology, in consultation with the Assistant Secretary for Policy,
the Director of Cargo Security Policy, and the Chief Financial Officer,
shall ensure that--
(1) research, development, test, and evaluation efforts funded by the
Department in furtherance of maritime and cargo security are coordinated
to avoid duplication of efforts; and
(2) the results of such efforts are shared throughout the Department,
as appropriate.
(c) Operation Safe Commerce-
(1) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Secretary shall initiate grant projects, as part of Operation
Safe Commerce, that--
(A) integrate nonintrusive inspection and radiation detection equipment
with automatic identification methods for containers, vessels, and vehicles;
(B) test physical access control protocols and technologies;
(C) create a data sharing network capable of transmitting data required
by entities participating in the international supply chain from every
intermodal transfer point to the National Targeting Center of the Department;
and
(D) otherwise further maritime and cargo security, as determined by
the Secretary.
(2) SUPPLY CHAIN SECURITY FOR SPECIAL CONTAINER AND NONCONTAINERIZED CARGO-
The Secretary shall consider demonstration projects that further the security
of the international supply chain for special container cargo, including
refrigerated containers, and noncontainerized cargo, including roll-on/roll-off,
break-bulk, liquid, and dry bulk cargo.
(3) ANNUAL REPORT- Not later than March 1 of each year, the Secretary
shall submit a report detailing the results of Operation Safe Commerce
to--
(A) the Committee on Homeland Security and Governmental Affairs of the
Senate;
(B) the Committee on Homeland Security of the House of Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of Representatives.
(d) GreenLane Technology- The Secretary shall, not less frequently than
once every 2 years--
(1) review the technology requirements and standards established under
section 10; and
(2) test future supply chain visibility procedures, container security
devices, and other systems as they become commercially available to track
and secure containers and the smallest exterior packaging units loaded
into containers.
SEC. 13. PORT SECURITY GRANT PROGRAM.
(a) Grants Authorized- The Secretary, acting through the Office for Domestic
Preparedness, shall establish a grant program to fairly and equitably allocate
Federal financial assistance--
(1) to help implement Area Maritime Transportation Security plans required
under section 70103(b) of title 46, United States Code;
(2) to correct port security vulnerabilities identified through vulnerability
assessments approved by the Secretary; or
(3) to non-Federal projects contributing to the overall security of an
individual port or the system of ports in the United States, as determined
by the Secretary.
(b) Grantee Selection- In awarding grants under this Act, the Secretary
shall--
(1) take into account national economic and strategic defense considerations
of individual ports;
(2) strongly encourage efforts to promote--
(A) integration of port-wide security, including supply chain initiatives;
(B) information and intelligence sharing; and
(C) joint efforts, such as joint operations centers, among all port
stakeholders; and
(3) consider funding major projects in phases over multiple years.
(c) Multiple Phase Projects-
(1) FUNDING LIMITATION- Not more than 20 percent of the total grant funds
awarded under this section in any fiscal year may be awarded for projects
that span multiple years.
(2) PRIORITY- In determining grant recipients under this section, the
Secretary may give preference to continuing to fund multiyear projects
that have previously received funding under this section.
(d) Use of Funds- Grants awarded under this section may be used--
(1) to help implement Area Maritime Transportation Security Plans required
under section 70103(b) of title 46, United States Code;
(2) to correct port security vulnerabilities identified through vulnerability
assessments approved by the Secretary;
(3) for the salaries, benefits, overtime compensation, and other costs
of additional security personnel for State and local agencies for activities
required by the Area Maritime Security Plan for a port area if--
(A) the Secretary increases the threat level under the Homeland Security
Advisory System to Code Orange or Code Red;
(B) the Commandant of the Coast Guard raises the Maritime Security level
to MARSEC Level 2 or 3; or
(C) the Secretary otherwise authorizes such costs;
(4) for the cost of acquisition, operation, and maintenance of equipment
that contributes to the overall security of the port area, as identified
in the Area Maritime Security Plan if the need is based upon vulnerability
assessments approved by the Secretary or identified in the Area Maritime
Security Plan;
(5) to develop joint operations centers, as described under section 10,
that bring together Federal, State, and local officials and stakeholders
into a common operation center that is focused on area maritime and cargo
security;
(6) to conduct vulnerability assessments approved by the Secretary; and
(7) to conduct port-wide exercises to strengthen emergency preparedness
of Federal, State, and local officials responsible for port security,
including law enforcement personnel and firefighters and other first responders,
in support of the Area Maritime Security Plan.
(e) Prohibited Uses- Grants awarded under this section may not be used to--
(1) construct buildings or other physical facilities, except those otherwise
authorized under section 611 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), including those
facilities in support of subsection (d)(5), and specifically approved
by the Secretary; or
(2) acquire land, unless such use is specifically approved by the Secretary
in support of subsection (d)(5).
(f) Matching Requirements- Except as provided in paragraph (2), Federal
funds for any eligible project under this section shall be determined by
the Secretary.
(1) IN GENERAL- Any entity subject to an Area Maritime Transportation
Security Plan may submit an application for a grant under this section,
at such time, in such form, and containing such information and assurances
as the Secretary, working through the Office for Domestic Preparedness,
may require.
(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT- Each application submitted
under paragraph (1) shall include--
(A) a comprehensive description of--
(i) the need for the project;
(ii) the methodology for coordinating the project into the security
of the greater port area, as identified in the Area Maritime Security
Plan;
(iii) any existing cooperation agreements with other port facilities,
vessels, or organizations that benefit security of the entire port;
and
(iv) the applicability of the project to the Area Maritime Transportation
Security Plan; and
(B) a determination by the Captain of the Port that the security project--
(i) addresses or corrects port security vulnerabilities identified
by the Coast Guard, or through port security vulnerability assessments
approved by the Secretary; and
(ii) helps to ensure compliance with the Area Maritime Transportation
Security Plan.
(3) PROCEDURAL SAFEGUARDS- The Secretary, in consultation with the Office
of the Inspector General, shall issue guidelines to establish appropriate
accounting, reporting, and review procedures to ensure that--
(A) grant funds are used for the purposes for which they were made available;
(B) grantees have properly accounted for all expenditures of grant funds;
and
(C) grant funds not used for such purposes and amounts not obligated
or expended are returned.
(4) PROJECT APPROVAL REQUIRED- The Secretary may not award a grant under
this section unless the Secretary determines that--
(A) the project to be carried out with such grant funding--
(i) is consistent with vulnerability assessments approved by the Secretary;
(ii) supports cooperation or integration of Federal, State, local,
and industry stakeholders in the port area; and
(iii) helps to implement the Area Maritime Transportation Security
Plan;
(B) sufficient funding is available to meet the matching requirement
described under subsection (d);
(C) the project will be completed without unreasonable delay; and
(D) the recipient has authority to carry out the proposed project.
(h) Coordination and Cooperation- The Secretary--
(1) shall ensure that all projects that receive grant funding under this
section within any area defined in an Area Maritime Transportation Security
Plan are coordinated with other projects in such area; and
(2) may require cooperative agreements among users of the port and port
facilities with respect to projects funded under this section.
(i) Audits and Examinations- All grantees under this section shall maintain
such records as the Secretary may require and make such records available
for review and audit by the Secretary, the Comptroller General of the United
States, or the Inspector General of the Department.
(j) Annual Reports- Not later than 1 year after the date of enactment of
this Act, and annually thereafter until October 1, 2013, the Secretary shall
submit an unclassified report describing regarding the progress made in
meeting the objectives of the port security grant program established under
this section to--
(1) the Committee on Homeland Security and Governmental Affairs of the
Senate;
(2) the Committee on Homeland Security of the House of Representatives;
(3) the Committee on Appropriations of the Senate; and
(4) the Committee on Appropriations of the House of Representatives.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) Improvements to Automated Targeting System- There are authorized to
be appropriated $5,000,000 for each of the fiscal years 2007 through 2012
to carry out the provisions of section 4(b).
(b) Office of Cargo Security Policy- There are authorized to be appropriated
for each of the fiscal years 2007 through 2012--
(1) $4,000,000 to carry out the amendment made by section 5(a); and
(2) $1,000,000 to carry out the provisions of section 5(b).
(c) Container Security Initiative- There are authorized to be appropriated
$175,000,000 for each of the fiscal years 2007 through 2012 to carry out
the provisions of section 8.
(d) Customs-Trade Partnership Against Terrorism- There are authorized to
be appropriated $75,000,000 for each of the fiscal years 2007 through 2012
to carry out the provisions of section 9.
(e) GreenLane Designation- There are authorized to be appropriated $50,000,000
for each of the fiscal years 2007 through 2012 to carry out the provisions
of section 10.
(1) IN GENERAL- There are authorized to be appropriated $100,000,000 for
each of the fiscal years 2007 through 2012 to carry out the provisions
of section 11.
(2) BUDGET ANALYSIS- Not later than 180 days after the date of enactment
of this Act, the Secretary shall submit a budget analysis for implementing
the provisions of section 11, including additional cost-sharing arrangements
with other Federal departments and other participants involved in the
joint operation centers, to--
(A) the Committee on Homeland Security and Governmental Affairs of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House of Representatives;
and
(D) the Committee on Appropriations of the House of Representatives.
(g) Operation Safe Commerce- There are authorized to be appropriated $25,000,000
for each of fiscal years 2007 through 2012 to carry out the provisions of
section 12(c).
(h) Port Security Grant Program- There are authorized to be appropriated
$400,000,000 for each of fiscal years 2007 through 2012 to carry out the
grant program established under section 13.
(i) Other Provisions- There are authorized to be appropriated such sums
as may be necessary for each of fiscal years 2007 through 2012 to carry
out the provisions of this Act not otherwise provided for under this section.
(j) Source of Funds- Amounts authorized to be appropriated under this section
shall originate from duties collected by the Bureau of Customs and Border
Protection.
Calendar No. 292
109th CONGRESS
1st Session
S. 2008
A BILL
To improve cargo security, and for other purposes.
November 16, 2005
Read the second time and placed on the calendar
END
