Directs the Secretary of Homeland Security to: (1) develop a secure electronic data interchange system to collect from and share risk information related to securing the supply chain with appropriate private sector entities; (2) establish uniform procedures for the receipt, care, and storage of supply chain security information that is voluntarily submitted to the Department of Homeland Security (DHS) through the system; and (3) develop protocols for determining appropriate private sector personnel who shall have access to the system, including designated security officers within companies determined to be low risk through participation in the U.S. Customs and Border Protection's Customs-Trade Partnership Against Terrorism program.
Restricts the use and disclosure of such voluntarily submitted information and sets penalties for unauthorized disclosure by federal officers or employees.
Authorizes the Secretary to provide warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential risks to the supply chain.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5144 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5144
To provide for supply chain security cooperation between Department of
Homeland Security and the private sector, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2006
Mr. Jindal introduced the following bill; which was referred to the
Committee on Homeland Security
_______________________________________________________________________
A BILL
To provide for supply chain security cooperation between Department of
Homeland Security and the private sector, 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. INFORMATION SHARING.
(a) Purposes.--The purposes of this section are--
(1) to establish continuing liaison and to provide for
supply chain security cooperation between Department of
Homeland Security 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.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security 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 administered by U.S. Customs and
Border Protection.
(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.
(k) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment.
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