GreenLane Maritime Cargo Security Act - Directs the Secretary of Homeland Security to submit to Congress 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 U.S. seaports.
Directs the Secretary to develop and implement a plan for improving the Automated Targeting System for identifying high-risk containers moving through the international supply chain.
Amends the Homeland Security Act of 2002 to establish: (1) an Under Secretary for Policy in the Department of Homeland Security (DHS) to serve as the principal policy advisor to the Secretary of Homeland Security; and (2) an Office of Cargo Security Policy to coordinate all Department policies and programs relating to cargo security.
Establishes minimum standards for securing containers in transit to an importer in the United States, including international standards for the security of containers moving through the international supply chain.
Requires all containers entering the United States to be examined for radiation.
Establishes the Container Security Initiative (CSI) to identify and examine maritime containers that pose a risk for terrorism at foreign ports before they are shipped to the United States.
Establishes: (1) the Customs-Trade Partnership Against Terrorism (C-TPAT) to strengthen and improve the overall security of the international supply chain and U.S. border security; and (2) a third tier of C-TPAT (Greenlane) that offers additional benefits to validated C-TPAT participants that demonstrate a sustained commitment beyond the minimum requirements for participation in C-TPAT.
Establishes a port security grant program to correct port security vulnerabilities.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2459 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2459
To improve cargo security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2006
Ms. Collins (for herself, Mrs. Murray, Mr. Coleman, and Mr. Lieberman)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Strategy.
Sec. 5. Under Secretary for 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.
In this Act:
(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.
(a) Strategic Plan.--
(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.
(3) Resumption of trade.--
(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.
(2) Contents.--
(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. UNDER SECRETARY FOR POLICY.
(a) Under Secretary for Policy.--The Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended--
(1) by redesignating title VI and section 601 as title
XVIII and section 1801, respectively, and transferring that
title to the end of the Act; and
(2) by inserting after title V the following:
``TITLE VI--UNDER SECRETARY FOR POLICY
``SEC. 601. UNDER SECRETARY FOR POLICY.
``(a) In General.--There shall be in the Department an Under
Secretary for Policy, who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(b) Responsibilities.--Subject to the direction, authority, and
control of the Secretary, the responsibilities of the Under Secretary
for Policy shall be as follows:
``(1) Policy.--
``(A) To serve as the principal policy advisor to
the Secretary.
``(B) To provide overall direction and supervision
for policy development to programs, offices, and
activities of the Department.
``(C) To establish and direct a formal policymaking
process for the Department.
``(D) To analyze, evaluate, and review completed,
ongoing, and proposed programs, to ensure they are
compatible with the Secretary's priorities, strategic
plans, and policies.
``(2) Strategic planning.--
``(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.
``(D) To conduct reviews of the Department to
ensure the implementation of this paragraph.
``(3) International responsibilities.--
``(A) To promote informational and educational
exchange with nations friendly to the United States in
order to promote sharing of best practices and
technologies relating to homeland security, including--
``(i) the exchange of information on
research and development on homeland security
technologies;
``(ii) joint training exercises of first
responders; and
``(iii) exchanging expertise and
information on terrorism prevention, response,
and crisis management.
``(B) To identify areas for homeland security
informational and training exchange where the United
States has a demonstrated weakness and another friendly
nation or nations have a demonstrated expertise.
``(C) To plan and undertake international
conferences, exchange programs (including the exchange
of scientists, engineers, and other experts), and other
training activities.
``(D) To manage international activities within the
Department in coordination with other Federal officials
with responsibility for counterterrorism matters.
``(4) Private sector.--
``(A) To create and foster strategic communications
with the private sector to enhance the primary mission
of the Department to protect the American homeland.
``(B) To advise the Secretary on the impact of the
policies, regulations, processes, and actions of the
Department on the private sector.
``(C) To interface with other relevant Federal
agencies with homeland security missions to assess the
impact of the actions of such agencies on the private
sector.
``(D) 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.
``(E) To work with Federal laboratories, federally
funded research and development centers, other
federally funded organizations, academia, and the
private sector to develop innovative approaches to
address homeland security challenges to produce and
deploy the best available technologies for homeland
security missions.
``(F) To promote existing public-private
partnerships and develop new public-private
partnerships to provide for collaboration and mutual
support to address homeland security challenges.
``(G) To assist in the development and promotion of
private sector best practices to secure critical
infrastructure.
``(H) To coordinate industry efforts, with respect
to functions of the Department, to identify private
sector resources and capabilities that could be
effective in supplementing Federal, State, and local
government agency efforts to prevent or respond to a
terrorist attack.
``(I) To coordinate among Department operating
entities and with the Assistant Secretary for Trade
Development of the Department of Commerce on issues
related to the travel and tourism industries.''.
(b) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 103--
(A) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) An Under Secretary for Policy.'';
(2) by striking section 879; and
(3) in the table of contents--
(A) by redesignating the items relating to title VI
and section 601 as items relating to title XVIII and
section 1801, respectively, and transferring the items
relating to that title and section to the end of the
table of contents;
(B) by striking the item relating to section 879;
and
(C) by inserting before the item relating to title
VII the following:
``TITLE VI--UNDER SECRETARY FOR POLICY
``Sec. 601. Under Secretary for Policy.''.
(c) Office of Cargo Security Policy.--Subtitle C of title IV of the
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by
adding at the end the following:
``SEC. 431. OFFICE OF CARGO SECURITY POLICY.
``(a) Establishment.--There is established within the Department an
Office of Cargo Security Policy (referred to in this section as the
`Office').
``(b) Purpose.--The Office shall--
``(1) coordinate all Department policies and programs
relating to cargo security; and
``(2) consult with stakeholders and work with other Federal
agencies to establish standards and regulations and to promote
best practices.
``(c) Director.--
``(1) Appointment.--The Office shall be headed by a
Director, who shall--
``(A) be appointed by the Secretary; and
``(B) report to the Under Secretary for Policy.
``(2) Responsibilities.--The Director shall--
``(A) advise the Secretary and the Under Secretary
for Policy regarding all aspects of Department programs
relating to cargo security;
``(B) develop Department-wide policies regarding
cargo security;
``(C) coordinate the cargo security policies and
programs of the Department with other executive
agencies; and
``(D) coordinate all programs of the Department
relating to cargo security.''.
(d) Designation of Liaison Office of Department of State.--The
Secretary of State shall designate a liaison office within the
Department of State to assist the Secretary, as appropriate in
negotiating cargo security related international agreements; in
conducting activities under this Act; and other responsibilities as
assigned by the Secretary of State.
SEC. 6. CONTAINER SECURITY STANDARDS AND PROCEDURES.
(a) Establishment.--
(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.
(b) Strategy.--
(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.
(g) Inspections.--
(1) Requirements and procedures.--The Secretary shall--
(A) establish technical capability requirements and
standard operating procedures for the use of
nonintrusive inspection and radiation detection
equipment in conjunction with CSI;
(B) require 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.
(2) Foreign assistance.--
(A) In general.--The Secretary, in coordination
with the Secretary of State, the Secretary of Energy,
and other Federal agencies, shall identify foreign
assistance programs that could facilitate the
implementation of cargo security antiterrorism measures
at ports designated under CSI and foreign ports not
designated under CSI that lack effective antiterrorism
measures.
(B) Acquisition.--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.
(a) In General.--
(1) Authorization.--The Secretary is authorized to
establish a voluntary program (to be known as the ``Customs-
Trade Partnership Against Terrorism'' or ``C-TPAT'') to
strengthen and improve the overall security of the
international supply chain and United States border security.
(2) 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;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness; and
(G) information technology security;
(3) implement and maintain security measures and supply
chain security practices meeting security criteria; and
(4) meet all other requirements established by the
Secretary.
(d) Certification.--
(1) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall update guidelines
for certifying a participant's security measures and supply
chain security practices.
(2) Tier one benefits.--The Secretary may offer limited
benefits to C-TPAT participants whose security measures and
supply chain security practices have been certified in
accordance with the guidelines established pursuant to
paragraph (1). Such benefits may not include reduced scores in
the Automated Targeting System.
(e) Validation.--
(1) In general.--Not later than 1 year after a 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--
(A) reduced searches;
(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.
(g) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
private sector stakeholders, shall promulgate regulations that
establish--
(A) requirements for supply chain visibility
procedures;
(B) performance standards for container security
devices and protocols for their use;
(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.
(g) Implementation.--
(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--
(A) the location;
(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) Reauthorization of Homeland Security Science and Technology
Advisory Committee.--
(1) In general.--Section 311(j) of the Homeland Security
Act of 2002 (6 U.S.C. 191(j)) is amended by striking ``3 years
after the effective date of this Act'' and inserting ``on
December 31, 2008''.
(2) Effective date and application.--The amendment made by
paragraph (1) shall be effective as if enacted on the date of
enactment of the Homeland Security Act of 2002.
(3) Advisory committee.--The Under Secretary for Science
and Technology shall utilize the Homeland Security Science and
Technology Advisory Committee, as appropriate, to provide
outside expertise in advancing cargo security technology.
(b) Duties of Secretary.--The Secretary shall--
(1) direct research, development, test, and evaluation
efforts in furtherance of maritime and cargo security;
(2) encourage the ingenuity of the private sector in
developing and testing technologies and process innovations in
furtherance of these objectives; and
(3) evaluate such technologies.
(c) Coordination.--The Secretary, acting through the Under
Secretary for Science and Technology, in consultation with the Under
Secretary for Policy, the Director of Cargo Security Policy, and the
Chief Financial Officer, shall ensure that--
(1) research, development, test, and evaluation efforts
funded by the Department in furtherance of maritime and cargo
security are coordinated to avoid duplication of efforts; and
(2) the results of such efforts are shared throughout the
Department, as appropriate.
(d) Operation Safe Commerce.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate 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.
(e) GreenLane Technology.--The Secretary shall, not less frequently
than once every 2 years--
(1) review the technology requirements and standards
established under section 10; and
(2) test future supply chain visibility procedures,
container security devices, and other systems as they become
commercially available to track and secure containers and the
smallest exterior packaging units loaded into containers.
SEC. 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.
(g) Application.--
(1) In general.--Any entity subject to an Area Maritime
Transportation Security Plan may submit an application for a
grant under this section, at such time, in such form, and
containing such information and assurances as the Secretary,
working through the Office for Domestic Preparedness, may
require.
(2) Minimum standards for payment or reimbursement.--Each
application submitted under paragraph (1) shall include--
(A) a comprehensive description of--
(i) the need for the project;
(ii) the methodology for coordinating the
project into the security of the greater port
area, as identified in the Area Maritime
Security Plan;
(iii) any existing cooperation agreements
with other port facilities, vessels, or
organizations that benefit security of the
entire port; and
(iv) the applicability of the project to
the Area Maritime Transportation Security Plan;
and
(B) a determination by the Captain of the Port that
the security project--
(i) addresses or corrects port security
vulnerabilities identified by the Coast Guard,
or through port security vulnerability
assessments approved by the Secretary; and
(ii) helps to ensure compliance with the
Area Maritime Transportation Security Plan.
(3) Procedural safeguards.--The Secretary, in consultation
with the Office of the Inspector General, shall issue
guidelines to establish appropriate accounting, reporting, and
review procedures to ensure that--
(A) grant funds are used for the purposes for which
they were made available;
(B) grantees have properly accounted for all
expenditures of grant funds; and
(C) grant funds not used for such purposes and
amounts not obligated or expended are returned.
(4) Project approval required.--The Secretary may not award
a grant under this section unless the Secretary determines
that--
(A) the project to be carried out with such grant
funding--
(i) is consistent with vulnerability
assessments approved by the Secretary;
(ii) supports cooperation or integration of
Federal, State, local, and industry
stakeholders in the port area; and
(iii) helps to implement the Area Maritime
Transportation Security Plan;
(B) sufficient funding is available to meet the
matching requirement described under subsection (d);
(C) the project will be completed without
unreasonable delay; and
(D) the recipient has authority to carry out the
proposed project.
(h) Coordination and Cooperation.--The Secretary--
(1) shall ensure that all projects that receive grant
funding under this section within any area defined in an Area
Maritime Transportation Security Plan are coordinated with
other projects in such area; and
(2) may require cooperative agreements among users of the
port and port facilities with respect to projects funded under
this section.
(i) Audits and Examinations.--All grantees under this section shall
maintain such records as the Secretary may require and make such
records available for review and audit by the Secretary, the
Comptroller General of the United States, or the Inspector General of
the Department.
(j) Annual Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until October 1, 2013,
the Secretary shall submit an unclassified report describing 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.
(f) Incident Response.--
(1) In general.--There are authorized to be appropriated
$100,000,000 for each of the fiscal years 2007 through 2012 to
carry out the provisions of section 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 109-877.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. Without written report.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 424.
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