II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘GreenLane Maritime Cargo Security Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Maritime vessels are the primary mode of 

4 transportation for international trade and they carry 

5 over 80 percent of international trade by volume. 

6 Improving the security of this complex supply chain 

7 is critical for the prosperity and liberty of all na8 tions. 

9 (2) In 2004, approximately 9,700,000 shipping 

10 containers came into the United States through the 

11 Nation’s seaports, averaging nearly 27,000 per day. 

12 (3) In May 2002, the Brookings Institution es13 timated that costs associated with United States 

14 port closures from a detonated terrorist weapon 

15 could add up to $1,000,000,000,000 from the result16 ing economic slump and changes in our Nation’s 

17 ability to trade. Although the October 2002 west 

18 coast port closures were anticipated, such closures 

19 cost the American economy approximately 

20 $1,000,000,000 per day for the first 5 days. 

21 (4) In its final report, the National Commission 

22 on Terrorist Attacks Upon the United States noted, 

23 ‘‘While commercial aviation remains a possible tarVerDate Aug 31 2005 04:32 Mar 28, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2459.IS S2459

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1 get, terrorists may turn their attention to other 

2 modes of transportation. Opportunities to do harm 

3 are as great, or greater, in maritime or surface 

4 transportation. Initiatives to secure shipping con5 tainers have just begun.’’. 

6 (5) The April 2005 Government Accountability 

7 Office report entitled ‘‘CONTAINER SECURITY: 

8 A Flexible Staffing Model and Minimum Equipment 

9 Requirements Would Improve Overseas Targeting 

10 and Inspection Efforts’’ reported that the effective11 ness of the Container Security Initiative is com12 promised when containers screened by the Bureau of 

13 Customs and Border Protection and identified as 

14 high-risk are not properly inspected and examined 

15 by foreign governments. 

16 (6) The March 2005 Government Account17 ability Office report entitled, ‘‘CARGO SECURITY: 

18 Partnership Program Grants Importers Reduced 

19 Scrutiny with Limited Assurance of Improved Secu20 rity’’, reports that the terrorist events of September 

21 11, 2001, raised concerns about the potential use of 

22 company supply chains, particularly oceangoing 

23 cargo containers, to move weapons of mass destruc24 tion to the United States. While the likelihood of 

25 such use of containers is considered low, the moveVerDate Aug 31 2005 04:32 Mar 28, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2459.IS S2459

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1 ment of oceangoing containerized cargo is vulnerable 

2 to some form of terrorist action. Such action, includ3 ing attempts to smuggle either fully assembled weap4 ons of mass destruction or their individual compo5 nents, could lead to widespread death and damage. 

6 (7) In August 2005, the President issued the 

7 National Strategy for Maritime Security, which 

8 notes that the probability of a hostile state using a 

9 weapon of mass destruction (referred to in this sec10 tion as ‘‘WMD’’) will increase during the next dec11 ade. WMD are of great concern since the maritime 

12 sector is the most likely to be used to bring a WMD 

13 into the United States. In addition, the adoption of 

14 a ‘‘just-in-time delivery approach to shipping by 

15 most industries, rather than stockpiling or maintain16 ing operating reserves of energy, raw materials, and 

17 key components, means that a disruption or slowing 

18 of the flow of almost any item can have widespread 

19 implications for the overall market and national 

20 economy’’. 

21 (8) Significant enhancements can be achieved 

22 by applying a layered approach to supply chain secu23 rity, though such layers must be developed in a co24 ordinated fashion. Current supply chain security 

25 programs within the Federal government have been 


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1 independently operated, often falling short of gains 

2 which could be made had coordination taken place. 

3 (9) In a May 26, 2005, hearing of the Perma4 nent Subcommittee on Investigations of the Com5 mittee on Homeland Security and Governmental Af6 fairs of the Senate, key concerns with the Depart7 ment’s supply chain security programs were noted, 

8 including— 

9 (A) only 17.5 percent of the cargo that the 

10 Bureau of Customs and Border Protection had 

11 identified as high-risk is inspected overseas; 

12 (B) equipment, such as radiation detection 

13 devices and nonintrusive imaging machines, 

14 used overseas for inspections are untested and 

15 of unknown quality; 

16 (C) the Bureau of Customs and Border 

17 Protection has failed to develop performance 

18 measures for the Container Security Initiative 

19 that would validate CSI port designations and 

20 justify the deployment of personnel overseas; 

21 (D) the lack of such performance measures 

22 and an assessment for staffing allocations has 

23 lead to some CSI ports being overstaffed while 

24 others are inadequately staffed; 


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1 (E) substantial benefits including fewer in2 spections are provided to importers enrolled in 

3 the C–TPAT program without a thorough re4 view or validation of their supply chain security 

5 profiles; and 

6 (F) the validation procedures and require7 ments are not sufficiently rigorous to ensure 

8 the C–TPAT member’s security procedures are 

9 adequate. 

10 (10) The statement of managers accompanying 

11 the conference report on the Department of Home12 land Security Appropriations Act, 2005 (Public Law 

13 108–334) directed the Under Secretary for Border 

14 and Transportation Security to ‘‘submit a report to 

15 the Congress no later than February 8, 2005, which 

16 identified: (1) the steps the Department has taken 

17 to date to enhance shipping container security, (2) 

18 the resources that have been devoted to shipping 

19 container security in prior fiscal years and the pro20 posed resources to continue this security, (3) the re21 sults of on-going projects, such as Operation Safe 

22 Commerce, CSI, C–TPAT and others, (4) which de23 partmental entity has primary responsibility for im24 plementing the needed changes, and (5) the steps 

25 the entity with primary responsibility will take to 


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1 implement these changes, including a specific sched2 ule for the development and issuance of standards, 

3 policies, procedures, or regulations.’’. The statement 

4 of managers accompanying the conference report on 

5 the Department of Homeland Security Appropria6 tions Act, 2006 (Public Law 109–90) directed the 

7 Department of Homeland Security to conduct a new 

8 review regarding cargo container security, stating 

9 ‘‘on June 9, 2005, the Department submitted a re10 port on cargo container security which was 4 months 

11 overdue and did not meet the needs outlined in the 

12 statement of managers accompanying the conference 

13 report on the Department of Homeland Security Ap14 propriations Act, 2005 (Public Law 108–334).’’. 

15 (11) While it is impossible to completely remove 

16 the risk of terrorist attacks, security measures in the 

17 transport sector designed to counter terrorism can 

18 add certainty and stability to the global economy, 

19 raise investor confidence, and facilitate trade. Some 

20 counterterrorism costs are integral to the price that 

21 must be paid to protect society. However, counter22 terrorism measures can also present an opportunity 

23 to find and agree on measures that combine the im24 perative to fight terrorism with the possibility of inVerDate Aug 31 2005 04:32 Mar 28, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2459.IS S2459

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1 creased efficiency in the system. These efficiency 

2 gains are maximized when all nations adopt them. 

3 (12) The World Customs Organization has 

4 taken a positive step in furtherance of international 

5 supply chain security in publishing the Framework 

6 of Standards to Secure and Facilitate Global Trade, 

7 which outlines a set of minimum standards designed 

8 to— 

9 (A) establish standards for security and 

10 trade facilitation; 

11 (B) enable integrated supply chain man12 agement; 

13 (C) enhance the capabilities of customs ad14 ministrations; and 

15 (D) promote cooperation between the cus16 toms and business communities. 

17 (13) The shipping industry has a responsibility 

18 to monitor, self-assess, and report on the risks asso19 ciated with goods under their control or use. The 

20 public sector must offer incentives for companies to 

21 invest in security in order to promote information 

22 sharing and other public-benefit outcomes. 

23 (14) Increasing the transparency of the supply 

24 chain will assist in mitigating the impact of an inci25 dent by allowing for targeted shutdown of the interVerDate Aug 31 2005 04:32 Mar 28, 2006 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2459.IS S2459

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1 national supply chain and expedited restoration of 

2 commercial traffic. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) AUTOMATED TARGETING SYSTEM.—The 

6 term ‘‘Automated Targeting System’’ means the sys7 tem established by the Bureau of Customs and Bor8 der Protection to assess imports and target those 

9 imports which pose a high risk of containing contra10 band. 

11 (2) CONTAINER.—The term ‘‘container’’ has 

12 the meaning given the term in the International 

13 Convention for Safe Containers, with annexes, done 

14 at Geneva December 2, 1972 (29 UST 3707). 

15 (3) CONTAINER SECURITY DEVICE.—The term 

16 ‘‘container security device’’ means a device or system 

17 to track and monitor containers for, and secure 

18 them against, tampering or compromise throughout 

19 the international supply chain. 

20 (4) CONTAINER SECURITY INITIATIVE; CSI.— 

21 The terms ‘‘Container Security Initiative’’ and 

22 ‘‘CSI’’ mean the program authorized under section 

23 8 to identify and examine maritime containers that 

24 pose a risk for terrorism at foreign ports before they 

25 are shipped to the United States. 


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1 (5) CUSTOMS-TRADE PARTNERSHIP AGAINST

2 TERRORISM; C–TPAT.—The terms ‘‘Customs-Trade 

3 Partnership Against Terrorism’’ and ‘‘C–TPAT’’ 

4 mean the voluntary program authorized under sec5 tion 9 to strengthen and improve the overall security 

6 of the international supply chain and United States 

7 border security. 

8 (6) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of Homeland Security. 

10 (7) EXAMINATION.—The term ‘‘examination’’ 

11 means an inspection of cargo to detect the presence 

12 of misdeclared, restricted, or prohibited items, in13 cluding an inspection using nonintrusive imaging 

14 and detection technology. 

15 (8) GREENLANE.—The term ‘‘GreenLane’’ re16 fers to the third tier of C–TPAT, that offers addi17 tional benefits to validated C–TPAT participants 

18 that demonstrate a sustained commitment beyond 

19 the minimum requirements for participation in C– 

20 TPAT. 

21 (9) INSPECTION.—The term ‘‘inspection’’ 

22 means the comprehensive process used by the Bu23 reau of Customs and Border Protection for assess24 ing goods entering the United States to appraise 

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1 stricted or prohibited items, and to ensure compli2 ance with all applicable laws. This process may in3 clude screening, conducting an examination, or con4 ducting a search. 

5 (10) INTERNATIONAL SUPPLY CHAIN.—The 

6 term ‘‘international supply chain’’ means the end-to7 end process for shipping goods from a point of ori8 gin overseas to the United States. 

9 (11) OPERATION SAFE COMMERCE.—The term 

10 ‘‘Operation Safe Commerce’’ means the research, de11 velopment, test, and evaluation grant program that 

12 brings together private sector shareholders, port offi13 cials, and Federal, State, and local representatives 

14 to analyze existing security procedures for cargo and 

15 develop new security protocols that have the poten16 tial to increase the security of cargo shipments by 

17 monitoring the movement and integrity of cargo 

18 through the international supply chain. 

19 (12) POINT OF ORIGIN.—The term ‘‘point of 

20 origin’’, in the case of goods, means the point at 

21 which such goods are assembled into the smallest ex22 terior packaging unit for movement through the 

23 international supply chain. 

24 (13) SCREENING.—The term ‘‘screening’’ 

25 means a visual or automated review of information 


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1 about goods, including manifest or entry documenta2 tion accompanying a shipment being imported into 

3 the United States, to determine or assess the threat 

4 of such cargo. 

5 (14) SEARCH.—The term ‘‘search’’ means an 

6 intrusive examination in which a container is opened 

7 and its contents are de-vanned and visually in8 spected by inspectional personnel for the presence of 

9 misdeclared, restricted, or prohibited items. 

10 (15) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of Homeland Security. 

12 (16) SMALLEST EXTERIOR PACKAGING UNIT.— 

13 The term ‘‘smallest exterior packaging unit’’ has the 

14 meaning given such term in section 4.7a of title 19, 

15 Code of Federal Regulations (as in effect on the 

16 date of enactment of this Act). 

17 (17) SUPPLY CHAIN VISIBILITY PROCEDURE.— 

18 The term ‘‘supply chain visibility procedure’’ means 

19 a system or process capable of tracking goods at the 

20 smallest exterior packaging unit level from their 

21 point of origin to the point of loading into a con22 tainer entering the international supply chain. 

23 (18) TRANSPORTATION SECURITY INCIDENT.— 

24 The term ‘‘transportation security incident’’ has the 


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1 meaning given such term in section 70101(6) of title 

2 46, United States Code. 

3 SEC. 4. STRATEGY. 

4 (a) STRATEGIC PLAN.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of enactment of this Act, the Sec7 retary, in consultation with appropriate Federal, 

8 State, local, and tribal government agencies and pri9 vate sector stakeholders responsible for security mat10 ters that affect or relate to the movement of con11 tainers through the international supply chain, shall 

12 submit a comprehensive strategic plan to enhance 

13 international supply chain security for all modes of 

14 transportation by which containers arrive in, depart 

15 from, or move through seaports of the United States 

16 to— 

17 (A) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; 

19 (B) the Committee on Appropriations of 

20 the Senate; 

21 (C) the Committee on Homeland Security 

22 of the House of Representatives; and 

23 (D) the Committee on Appropriations of 

24 the House of Representatives. 


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1 (2) CONTENT.—The strategic plan submitted 

2 under paragraph (1) shall— 

3 (A) clarify and delineate the roles, respon4 sibilities, and authorities of Federal, State, 

5 local, and tribal government agencies and pri6 vate sector stakeholders that relate to the secu7 rity of the movement of containers through the 

8 international supply chain; 

9 (B) provide measurable goals, including 

10 objectives, mechanisms, and a schedule, for fur11 thering the security of commercial operations 

12 from point of origin to point of destination; 

13 (C) build on available resources and con14 sider costs and benefits; 

15 (D) identify mandatory, baseline security 

16 goals, and the minimum container security 

17 standards and procedures described in section 

18 6; 

19 (E) provide incentives for additional vol20 untary measures to enhance cargo security, as 

21 determined by the Secretary and under the 

22 GreenLane Program under section 10; 

23 (F) include a process for sharing intel24 ligence and information with private sector 

25 stakeholders to assist in their security efforts; 


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1 (G) identify a framework for prudent and 

2 measured response in the event of a transpor3 tation security incident involving the inter4 national supply chain; 

5 (H) provide a plan for the expeditious re6 sumption of the flow of legitimate trade in ac7 cordance with paragraph (3); 

8 (I) focus on the secure movement of con9 tainerized cargo through the international sup10 ply chain; and 

11 (J) expand upon and relate to existing 

12 strategies and plans, including the National 

13 Strategy for Maritime Security. 

14 (3) RESUMPTION OF TRADE.— 

15 (A) IN GENERAL.—The Secretary shall de16 velop protocols for the resumption of trade in 

17 the event of a transportation security incident 

18 that necessitates the suspension of trade 

19 through contingency and continuity planning 

20 that ensure trade lanes are restored as quickly 

21 as possible. 

22 (B) PREFERENCES.—In reestablishing the 

23 flow of cargo through ports of entry in the 

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1 cident, the Secretary shall give preference to 

2 vessels— 

3 (i) having a vessel security plan ap4 proved or accepted under section 70103(c) 

5 of title 46, United States Code; 

6 (ii) entering a port of entry directly 

7 from a foreign port designated under CSI 

8 or from another foreign port, as deter9 mined by the Secretary; 

10 (iii) operated by validated C–TPAT 

11 participants; and 

12 (iv) carrying GreenLane designated 

13 cargo. 

14 (4) UPDATE.—Not less than 3 years after the 

15 strategic plan is submitted under paragraph (1), the 

16 Secretary shall submit an update of the strategic 

17 plan to the Committee on Homeland Security and 

18 Governmental Affairs of the Senate, the Committee 

19 on Homeland Security of the House of Representa20 tives, the Committee on Appropriations of the Sen21 ate, and the Committee on Appropriations of the 

22 House of Representatives. 

23 (5) CONSULTATIONS.—Consultations described 

24 in paragraph (1) shall focus on— 


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1 (A) designing measurable goals, including 

2 objectives, mechanisms, and a schedule, for fur3 thering the security of the international supply 

4 chain; 

5 (B) identifying and addressing gaps in ca6 pabilities, responsibilities, or authorities; 

7 (C) identifying and streamlining unneces8 sary overlaps in capabilities, responsibilities, or 

9 authorities; and 

10 (D) identifying and making recommenda11 tions regarding legislative, regulatory, and orga12 nizational changes necessary to improve coordi13 nation among the entities or to enhance the se14 curity of the international supply chain. 

15 (6) UTILIZATION OF ADVISORY COMMITTEES.— 

16 As part of the consultative process, the Secretary is 

17 encouraged to utilize the Homeland Security Advi18 sory Committee, the National Maritime Security Ad19 visory Committee, and the Commercial Operations 

20 Advisory Committee to review, as necessary, the 

21 draft strategic plan and any subsequent update to 

22 that plan. 

23 (7) INTERNATIONAL STANDARDS AND PRAC24 TICES.—In furtherance of the strategic plan, the 

25 Secretary is encouraged to consider proposed or esVerDate Aug 31 2005 04:32 Mar 28, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2459.IS S2459

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1 tablished standards and practices of foreign govern2 ments and international organizations, including the 

3 International Maritime Organization, the World 

4 Customs Organization, the International Labor Or5 ganization, and the International Organization for 

6 Standardization, as appropriate, to establish stand7 ards and best practices for the security of containers 

8 moving through the international supply chain. 

9 (b) IMPROVEMENTS TO AUTOMATED TARGETING

10 SYSTEM.— 

11 (1) PLAN.—Not later than 90 days after the 

12 date of enactment of this Act, the Secretary shall 

13 develop and implement a plan for improving the 

14 Automated Targeting System for identifying high15 risk containers moving through the international 

16 supply chain. 

17 (2) CONTENTS.— 

18 (A) TREATMENT OF RECOMMENDA19 TIONS.—The Secretary shall include in the plan 

20 required under paragraph (1) a schedule for 

21 completing all outstanding corrective actions 

22 recommended by the Comptroller General of the 

23 United States, the Inspector General of the De24 partment of the Treasury, and the Inspector 


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1 General of the Department with respect to the 

2 operation of the Automated Targeting System. 

3 (B) INFORMATION SUBMISSIONS.—In de4 veloping the plan under paragraph (1), the Sec5 retary shall consider the cost, benefit, and feasi6 bility of— 

7 (i) requiring additional nonmanifest 

8 documentation for each container, includ9 ing purchase orders, shipper’s letters of in10 struction, commercial invoices, letters of 

11 credit, certificates of origin, advance ship12 ping notices, vessel stow plans, and certain 

13 container status messages, when created; 

14 (ii) reducing the time period allowed 

15 by law for revisions to a container cargo 

16 manifest; 

17 (iii) reducing the time period allowed 

18 by law for submission of entry data for 

19 vessel or cargo; and 

20 (iv) such other actions the Secretary 

21 considers beneficial for improving the in22 formation relied upon for the Automated 

23 Targeting System and any other targeting 

24 systems in furthering the security and in25 tegrity of the international supply chain. 


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1 (C) OUTSIDE REVIEW.—The Secretary 

2 shall conduct, through an independent panel, a 

3 review of the Automated Targeting System. 

4 The results of this review shall be included in 

5 the plan submitted under paragraph (1). 

6 (D) SMART SYSTEM.—The Secretary shall 

7 consider future iterations of the Automated 

8 Targeting System, which would incorporate 

9 smart features, such as more complex algo10 rithms and real-time intelligence, instead of re11 lying solely on rule sets that are periodically up12 dated. 

13 (3) NEW OR EXPANDED INFORMATION SUBMIS14 SIONS.—In considering any new or expanded infor15 mation submission requirements, the Secretary shall 

16 consult with stakeholders and identify the need for 

17 such information, and the appropriate timing of its 

18 submission, in the plan submitted under paragraph 

19 (1). 

20 (4) SECURE TRANSMISSION OF CERTAIN INFOR21 MATION.—All information required by the Depart22 ment from supply chain partners shall be trans23 mitted in a secure fashion, as determined by the 

24 Secretary, so as to protect the information from un25 authorized access. 


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1 (c) UNIFORM DATA FOR GOVERNMENT-WIDE

2 USAGE.— 

3 (1) ESTABLISHMENT.—The Secretary, in con4 junction with representatives from the Department, 

5 the Department of Transportation, the Department 

6 of Health and Human Services, the Department of 

7 Agriculture, the Department of Commerce, the De8 partment of State, the Department of Defense, the 

9 Department of Justice, the Department of the Inte10 rior, and other appropriate Federal agencies, as de11 termined by the Secretary, shall establish and imple12 ment a single, uniform data system for the electronic 

13 collection, dissemination, and sharing of import and 

14 export information to increase the efficiency of data 

15 submission and the security of such data related to 

16 border security, trade, and public health and safety 

17 of international cargoes (referred to in this sub18 section as the ‘‘International Trade Data System’’). 

19 (2) INTERAGENCY STEERING GROUP.—The 

20 Deputy Director for Management of the Office of 

21 Management and Budget (referred to in this sub22 section as the ‘‘Deputy Director’’), pursuant to re23 sponsibilities under chapter 36 of title 44, United 

24 States Code, shall establish an executive level, inter25 departmental steering group (referred to in this subVerDate Aug 31 2005 04:32 Mar 28, 2006 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2459.IS S2459

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1 section as the ‘‘Interdepartmental Steering Group’’), 

2 comprised of representatives of the departments list3 ed in paragraph (1), to coordinate, the establish4 ment, investment in, and implementation of the 

5 International Trade Data System. 

6 (3) IMPLEMENTATION.—Not later than 1 year 

7 after the date of enactment of this Act, the Deputy 

8 Director, through the Interdepartmental Steering 

9 Group, shall complete the development of the har10 monized data set of import and export information 

11 submitted to agencies with a presence at the inter12 national border of the United States. 

13 (4) PRIVATE SECTOR CONSULTATION.—The 

14 Secretary and the Interdepartmental Steering Group 

15 shall consult with private sector stakeholders in de16 veloping the uniform data submission requirements, 

17 procedures, and schedules. 

18 (5) JOINT INSPECTIONS PROCEDURES.—The 

19 Deputy Director, through the Interdepartmental 

20 Steering Group, shall develop plans for longer term 

21 uses of the International Trade Data System, in22 cluding facilitating joint cargo inspections by mul23 tiple Federal agencies to meet their respective re24 quirements. 


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1 SEC. 5. UNDER SECRETARY FOR POLICY. 

2 (a) UNDER SECRETARY FOR POLICY.—The Home3 land Security Act of 2002 (6 U.S.C. 101 et seq.) is amend4 ed— 

5 (1) by redesignating title VI and section 601 as 

6 title XVIII and section 1801, respectively, and 

7 transferring that title to the end of the Act; and 

8 (2) by inserting after title V the following: 

9 ‘‘TITLE VI—UNDER SECRETARY 

10 FOR POLICY 

11 ‘‘SEC. 601. UNDER SECRETARY FOR POLICY. 

12 ‘‘(a) IN GENERAL.—There shall be in the Depart13 ment an Under Secretary for Policy, who shall be ap14 pointed by the President, by and with the advice and con15 sent of the Senate. 

16 ‘‘(b) RESPONSIBILITIES.—Subject to the direction, 

17 authority, and control of the Secretary, the responsibilities 

18 of the Under Secretary for Policy shall be as follows: 

19 ‘‘(1) POLICY.— 

20 ‘‘(A) To serve as the principal policy advi21 sor to the Secretary. 

22 ‘‘(B) To provide overall direction and su23 pervision for policy development to programs, 

24 offices, and activities of the Department. 

25 ‘‘(C) To establish and direct a formal pol26 icymaking process for the Department. 


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1 ‘‘(D) To analyze, evaluate, and review 

2 completed, ongoing, and proposed programs, to 

3 ensure they are compatible with the Secretary’s 

4 priorities, strategic plans, and policies. 

5 ‘‘(2) STRATEGIC PLANNING.— 

6 ‘‘(A) To conduct long-range, strategic 

7 planning for the Department. 

8 ‘‘(B) To prepare national and Department 

9 strategies, as appropriate. 

10 ‘‘(C) To conduct net assessments of issues 

11 facing the Department. 

12 ‘‘(D) To conduct reviews of the Depart13 ment to ensure the implementation of this para14 graph. 

15 ‘‘(3) INTERNATIONAL RESPONSIBILITIES.— 

16 ‘‘(A) To promote informational and edu17 cational exchange with nations friendly to the 

18 United States in order to promote sharing of 

19 best practices and technologies relating to 

20 homeland security, including— 

21 ‘‘(i) the exchange of information on 

22 research and development on homeland se23 curity technologies; 

24 ‘‘(ii) joint training exercises of first 

25 responders; and 


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1 ‘‘(iii) exchanging expertise and infor2 mation on terrorism prevention, response, 

3 and crisis management. 

4 ‘‘(B) To identify areas for homeland secu5 rity informational and training exchange where 

6 the United States has a demonstrated weakness 

7 and another friendly nation or nations have a 

8 demonstrated expertise. 

9 ‘‘(C) To plan and undertake international 

10 conferences, exchange programs (including the 

11 exchange of scientists, engineers, and other ex12 perts), and other training activities. 

13 ‘‘(D) To manage international activities 

14 within the Department in coordination with 

15 other Federal officials with responsibility for 

16 counterterrorism matters. 

17 ‘‘(4) PRIVATE SECTOR.— 

18 ‘‘(A) To create and foster strategic com19 munications with the private sector to enhance 

20 the primary mission of the Department to pro21 tect the American homeland. 

22 ‘‘(B) To advise the Secretary on the im23 pact of the policies, regulations, processes, and 

24 actions of the Department on the private sector. 


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1 ‘‘(C) To interface with other relevant Fed2 eral agencies with homeland security missions 

3 to assess the impact of the actions of such 

4 agencies on the private sector. 

5 ‘‘(D) To create and manage private sector 

6 advisory councils composed of representatives of 

7 industries and associations designated by the 

8 Secretary— 

9 ‘‘(i) to advise the Secretary on private 

10 sector products, applications, and solutions 

11 as they relate to homeland security chal12 lenges; and 

13 ‘‘(ii) to advise the Secretary on home14 land security policies, regulations, proc15 esses, and actions that affect the partici16 pating industries and associations. 

17 ‘‘(E) To work with Federal laboratories, 

18 federally funded research and development cen19 ters, other federally funded organizations, aca20 demia, and the private sector to develop innova21 tive approaches to address homeland security 

22 challenges to produce and deploy the best avail23 able technologies for homeland security mis24 sions. 


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1 ‘‘(F) To promote existing public-private 

2 partnerships and develop new public-private 

3 partnerships to provide for collaboration and 

4 mutual support to address homeland security 

5 challenges. 

6 ‘‘(G) To assist in the development and pro7 motion of private sector best practices to secure 

8 critical infrastructure. 

9 ‘‘(H) To coordinate industry efforts, with 

10 respect to functions of the Department, to iden11 tify private sector resources and capabilities 

12 that could be effective in supplementing Fed13 eral, State, and local government agency efforts 

14 to prevent or respond to a terrorist attack. 

15 ‘‘(I) To coordinate among Department op16 erating entities and with the Assistant Sec17 retary for Trade Development of the Depart18 ment of Commerce on issues related to the trav19 el and tourism industries.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 The Homeland Security Act of 2002 (6 U.S.C. 101 et 

22 seq.) is amended— 

23 (1) in section 103— 


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1 (A) by redesignating paragraphs (6) 

2 through (10) as paragraphs (7) through (11), 

3 respectively; and 

4 (B) by inserting after paragraph (5) the 

5 following: 

6 ‘‘(6) An Under Secretary for Policy.’’; 

7 (2) by striking section 879; and 

8 (3) in the table of contents— 

9 (A) by redesignating the items relating to 

10 title VI and section 601 as items relating to 

11 title XVIII and section 1801, respectively, and 

12 transferring the items relating to that title and 

13 section to the end of the table of contents; 

14 (B) by striking the item relating to section 

15 879; and 

16 (C) by inserting before the item relating to 

17 title VII the following: 

‘‘TITLE VI—UNDER SECRETARY FOR POLICY 

‘‘Sec. 601. Under Secretary for Policy.’’. 

18 (c) OFFICE OF CARGO SECURITY POLICY.—Subtitle 

19 C of title IV of the Homeland Security Act of 2002 (6 

20 U.S.C. 231 et seq.) is amended by adding at the end the 

21 following: 


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1 ‘‘SEC. 431. OFFICE OF CARGO SECURITY POLICY. 

2 ‘‘(a) ESTABLISHMENT.—There is established within 

3 the Department an Office of Cargo Security Policy (re4 ferred to in this section as the ‘Office’). 

5 ‘‘(b) PURPOSE.—The Office shall— 

6 ‘‘(1) coordinate all Department policies and 

7 programs relating to cargo security; and 

8 ‘‘(2) consult with stakeholders and work with 

9 other Federal agencies to establish standards and 

10 regulations and to promote best practices. 

11 ‘‘(c) DIRECTOR.— 

12 ‘‘(1) APPOINTMENT.—The Office shall be head13 ed by a Director, who shall— 

14 ‘‘(A) be appointed by the Secretary; and 

15 ‘‘(B) report to the Under Secretary for 

16 Policy. 

17 ‘‘(2) RESPONSIBILITIES.—The Director shall— 

18 ‘‘(A) advise the Secretary and the Under 

19 Secretary for Policy regarding all aspects of 

20 Department programs relating to cargo secu21 rity; 

22 ‘‘(B) develop Department-wide policies re23 garding cargo security; 

24 ‘‘(C) coordinate the cargo security policies 

25 and programs of the Department with other ex26 ecutive agencies; and 


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1 ‘‘(D) coordinate all programs of the De2 partment relating to cargo security.’’. 

3 (d) DESIGNATION OF LIAISON OFFICE OF DEPART4 MENT OF STATE.—The Secretary of State shall designate 

5 a liaison office within the Department of State to assist 

6 the Secretary, as appropriate in negotiating cargo security 

7 related international agreements; in conducting activities 

8 under this Act; and other responsibilities as assigned by 

9 the Secretary of State. 

10 SEC. 6. CONTAINER SECURITY STANDARDS AND PROCE11 DURES. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this Act, the Sec15 retary shall establish, by regulation, minimum stand16 ards and procedures for securing containers in tran17 sit to an importer in the United States. 

18 (2) INFORMATION SOURCES.—The Secretary 

19 shall use information from C–TPAT, Operation Safe 

20 Commerce, any container security program of the 

21 Directorate of Science and Technology, and other se22 curity initiatives to establish the standards and pro23 cedures described in paragraph (1). Such standards 

24 may address operation, technology use, and perform25 ance. 


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1 (3) DEADLINE FOR ENFORCEMENT.—Not later 

2 than 2 years after the establishment of standards 

3 and procedures under subsection (a), all containers 

4 bound for ports of entry in the United States shall 

5 meet such standards and procedures. 

6 (b) REVIEW AND ENHANCEMENT.—The Secretary 

7 shall regularly— 

8 (1) review the standards and procedures estab9 lished pursuant to subsection (a); and 

10 (2) enhance the security standards and proce11 dures, as appropriate, based on tests of technologies 

12 as they become commercially available to detect con13 tainer intrusion and the highest consequence threats, 

14 particularly weapons of mass destruction, in accord15 ance with section 11. 

16 (c) INTERNATIONAL CARGO SECURITY STAND17 ARDS.—The Secretary, in consultation with the Secretary 

18 of State, is encouraged to promote and establish inter19 national standards for the security of containers moving 

20 through the international supply chain with foreign gov21 ernments and international organizations, including the 

22 International Maritime Organization and the World Cus23 toms Organization. 


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1 SEC. 7. RADIATION DETECTION AND RADIATION SAFETY. 

2 (a) EXAMINING CONTAINERS.—Not later than 1 year 

3 after the date of enactment of this Act, all containers en4 tering the United States shall be examined for radiation. 

5 (b) STRATEGY.— 

6 (1) IN GENERAL.—Not later than 90 days after 

7 the date of enactment of this Act, the Secretary 

8 shall submit a strategy for the deployment of radi9 ation detection equipment at all ports of entry to— 

10 (A) the Committee on Homeland Security 

11 and Governmental Affairs of the Senate; 

12 (B) the Committee on Appropriations of 

13 the Senate; 

14 (C) the Committee on Homeland Security 

15 of the House of Representatives; and 

16 (D) the Committee on Appropriations of 

17 the House of Representatives. 

18 (2) CONTENTS.—The strategy submitted under 

19 paragraph (1) shall include— 

20 (A) the type of equipment to be used; 

21 (B) standard operating procedures for ex22 amining containers with such equipment; 

23 (C) a plan detailing the environmental 

24 health and safety impacts of nonintrusive in25 spection technology; 


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1 (D) the Department policy for the using 

2 nonintrusive inspection equipment; and 

3 (E) a classified annex that details plans 

4 for covert testing. 

5 (c) RADIATION SAFETY.—Not later than 90 days 

6 after the date of enactment of this Act, the Secretary shall 

7 submit a plan, to the Committee on Homeland Security 

8 and Governmental Affairs of the Senate, the Committee 

9 on Appropriations of the Senate, the Committee on Home10 land Security of the House of Representatives, and the 

11 Committee on Appropriations of the House of Representa12 tives, that— 

13 (1) details the health and safety impacts of 

14 nonintrusive inspection technology; and 

15 (2) describes the policy of the Bureau of Cus16 toms and Border Protection for using nonintrusive 

17 inspection equipment. 

18 SEC. 8. CONTAINER SECURITY INITIATIVE. 

19 (a) AUTHORIZATION.—The Secretary is authorized to 

20 establish and implement a program (to be known as the 

21 ‘‘Container Security Initiative’’ or ‘‘CSI’’) to identify and 

22 examine maritime containers that pose a risk for terrorism 

23 at foreign ports before the containers are shipped to the 

24 United States. 


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1 (b) ASSESSMENT.—Before the Secretary designates 

2 any foreign port under CSI, the Secretary, in coordination 

3 with the Secretary of State and other Federal officials, 

4 as appropriate, shall conduct an assessment of the port 

5 to evaluate costs, benefits, and other factors associated 

6 with designation, including— 

7 (1) the level of risk for the potential com8 promise of containers by terrorists or terrorist weap9 ons; 

10 (2) the economic impact of cargo traveling from 

11 the foreign port in terms of trade value and volume; 

12 (3) the results of the Coast Guard assessments 

13 conducted pursuant to section 70108 of title 46, 

14 United States Code; 

15 (4) the capabilities and level of cooperation ex16 pected of the intended host country; 

17 (5) the potential for validation of security prac18 tices by the Department, directly or through cer19 tified third parties within the country in which the 

20 foreign port is located; 

21 (6) the potential for amending trade agree22 ments to reflect participation in CSI; and 

23 (7) the potential for C–TPAT and GreenLane 

24 cargo traveling from the foreign port. 


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1 (c) ANNUAL REPORT.—Not later than March 1 of 

2 each year in which the Secretary proposes to designate 

3 a foreign port under CSI, the Secretary shall submit a 

4 report, in classified or unclassified form, detailing the as5 sessment of each foreign port the Secretary is considering 

6 designating under CSI, to— 

7 (1) the Committee on Homeland Security and 

8 Governmental Affairs of the Senate; 

9 (2) the Committee on Appropriations of the 

10 Senate; 

11 (3) the Committee on Homeland Security of the 

12 House of Representatives; and 

13 (4) the Committee on Appropriations of the 

14 House of Representatives. 

15 (d) CURRENT CSI PORTS.—The report under sub16 section (c) shall include an annual assessment justifying 

17 the continuance of each port designated under CSI as of 

18 the date of enactment of this Act. 

19 (e) DESIGNATION OF NEW PORTS.—The Secretary 

20 shall not designate a foreign port under CSI unless the 

21 Secretary has completed the assessment required in sub22 section (b) for that port and submitted a report under sub23 section (c) that includes that port. 

24 (f) NEGOTIATIONS.—The Secretary of State, in con25 junction with the United States Trade Representative, 


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1 shall enter into trade negotiations with the government of 

2 each foreign country with a port designated under CSI, 

3 as appropriate, to ensure full compliance with the require4 ments under CSI. 

5 (g) INSPECTIONS.— 

6 (1) REQUIREMENTS AND PROCEDURES.—The 

7 Secretary shall— 

8 (A) establish technical capability require9 ments and standard operating procedures for 

10 the use of nonintrusive inspection and radiation 

11 detection equipment in conjunction with CSI; 

12 (B) require each port designated under 

13 CSI to operate the equipment in accordance 

14 with the requirements and procedures estab15 lished under subparagraph (A); and 

16 (C) continually monitor the technologies, 

17 processes, and techniques used to inspect cargo 

18 at ports designated under CSI. 

19 (2) FOREIGN ASSISTANCE.— 

20 (A) IN GENERAL.—The Secretary, in co21 ordination with the Secretary of State, the Sec22 retary of Energy, and other Federal agencies, 

23 shall identify foreign assistance programs that 

24 could facilitate the implementation of cargo se25 curity antiterrorism measures at ports desVerDate Aug 31 2005 04:32 Mar 28, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2459.IS S2459

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1 ignated under CSI and foreign ports not des2 ignated under CSI that lack effective 

3 antiterrorism measures. 

4 (B) ACQUISITION.—The Secretary may 

5 lease or loan nonintrusive inspection and radi6 ation detection equipment for containers to the 

7 government of a foreign country for use in 

8 ports participating in CSI. 

9 (C) TRAINING.—The Secretary may pro10 vide training on the use of equipment to foreign 

11 personnel at each port designated under CSI. 

12 (h) PERSONNEL.—The Secretary shall— 

13 (1) annually assess the personnel needs at each 

14 port designated under CSI; 

15 (2) deploy personnel in accordance with the as16 sessment under paragraph (1); and 

17 (3) consider the potential for remote targeting 

18 in decreasing the number of personnel. 

19 SEC. 9. CUSTOMS-TRADE PARTNERSHIP AGAINST TER20 RORISM. 

21 (a) IN GENERAL.— 

22 (1) AUTHORIZATION.—The Secretary is author23 ized to establish a voluntary program (to be known 

24 as the ‘‘Customs-Trade Partnership Against Ter25 rorism’’ or ‘‘C–TPAT’’) to strengthen and improve 


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1 the overall security of the international supply chain 

2 and United States border security. 

3 (2) CORRECTION OF DEFICIENCIES.—The Sec4 retary shall correct the deficiencies of the C–TPAT 

5 program that were identified in the Government Ac6 countability Office report entitled ‘‘CARGO SECU7 RITY: Partnership Program Grants Importers Re8 duced Scrutiny with Limited Assurance of Improved 

9 Security’’ (GAO–05–404). 

10 (3) MINIMUM REQUIREMENTS.—The Secretary 

11 shall promulgate regulations that describe the min12 imum requirements, program tiers, and program 

13 benefits of C–TPAT. 

14 (b) PARTICIPATION.—Importers, brokers, air, sea, 

15 land carriers, and other entities in the international supply 

16 chain and intermodal transportation system are eligible to 

17 apply to voluntarily enter into partnerships with the De18 partment. 

19 (c) MINIMUM REQUIREMENTS.—An applicant seek20 ing to participate in C–TPAT shall— 

21 (1) demonstrate a history of moving commerce 

22 in the international supply chain; 

23 (2) conduct an assessment of its supply chains 

24 based upon security criteria established by the Sec25 retary, including— 


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1 (A) business partner requirements; 

2 (B) container security; 

3 (C) physical security and access controls; 

4 (D) personnel security; 

5 (E) procedural security; 

6 (F) security training and threat awareness; 

7 and 

8 (G) information technology security; 

9 (3) implement and maintain security measures 

10 and supply chain security practices meeting security 

11 criteria; and 

12 (4) meet all other requirements established by 

13 the Secretary. 

14 (d) CERTIFICATION.— 

15 (1) GUIDELINES.—Not later than 180 days 

16 after the date of enactment of this Act, the Sec17 retary shall update guidelines for certifying a par18 ticipant’s security measures and supply chain secu19 rity practices. 

20 (2) TIER ONE BENEFITS.—The Secretary may 

21 offer limited benefits to C–TPAT participants whose 

22 security measures and supply chain security prac23 tices have been certified in accordance with the 

24 guidelines established pursuant to paragraph (1). 


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1 Such benefits may not include reduced scores in the 

2 Automated Targeting System. 

3 (e) VALIDATION.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 a participant has been certified under subsection 

6 (d)(1), the Secretary shall validate, directly or 

7 through certified third parties, the security measures 

8 and supply chain security practices of that partici9 pant. Such validation shall include a visit to foreign 

10 locations utilized by the C–TPAT participant as part 

11 of the supply chain. 

12 (2) GUIDELINES.—Not later than 180 days 

13 after the date of enactment of this Act, the Sec14 retary shall update guidelines for validating a par15 ticipant’s security measures and supply chain secu16 rity practices. 

17 (3) CONSEQUENCES FOR FAILED VALIDA18 TION.—If a C–TPAT participant’s security meas19 ures and supply chain security practices fail to meet 

20 validation requirements— 

21 (A) the participant may not receive the 

22 benefits of validation; and 

23 (B) the Commissioner of the Bureau of 

24 Customs and Border Protection may deny the 

25 participant all benefits under C–TPAT. 


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1 (4) RIGHT OF APPEAL.—A C–TPAT partici2 pant described under paragraph (3) may— 

3 (A) file an appeal with the Secretary of the 

4 Commissioner’s decision under paragraph 

5 (3)(B) to deny benefits under C–TPAT; and 

6 (B) request revalidation. 

7 (5) TIER TWO BENEFITS.—The Secretary shall 

8 extend benefits to each participant who has been 

9 validated under this subsection, which may include— 

10 (A) reduced searches; 

11 (B) priority processing for searches; and 

12 (C) reduced scores in the Automated Tar13 geting System. 

14 (f) REVALIDATION.—The Secretary shall establish a 

15 process for revalidating C–TPAT participants. Such re16 validation shall occur not less frequently than once during 

17 every 3-year period following validation. 

18 SEC. 10. GREENLANE DESIGNATION. 

19 (a) ESTABLISHMENT.—The Secretary shall establish 

20 a third tier of C–TPAT (referred to in this section as the 

21 ‘‘GreenLane’’) that offers additional benefits to validated 

22 C–TPAT participants that demonstrate a sustained com23 mitment beyond the minimum requirements for participa24 tion in C–TPAT. 


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1 (b) BASIC REQUIREMENTS.—Designated GreenLane 

2 participants shall ensure that— 

3 (1) entry data is submitted on shipments before 

4 loading; 

5 (2) cargo is loaded at a port designated under 

6 CSI, or other foreign port as determined by the Sec7 retary, for transit to the United States; 

8 (3) cargo is loaded on a vessel with a vessel se9 curity plan approved or accepted under section 

10 70103(c) of title 46, United States Code; 

11 (4) cargo is made available for screening and 

12 examination before loading using technologies, proc13 esses or techniques, as determined by the Secretary; 

14 (5) the supply chain visibility procedures estab15 lished by the Secretary are utilized; 

16 (6) container security devices meeting the 

17 standards and procedures established by the Sec18 retary are utilized; 

19 (7) cargo complies with additional security cri20 teria established by the Secretary beyond the min21 imum requirements for C–TPAT participation under 

22 section 9(c), particularly in the area of access con23 trols; and 

24 (8) cargo complies with any other requirements 

25 determined by the Secretary. 


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1 (c) CONTAINERS TRANSHIPPED THROUGH CANADA

2 OR MEXICO UNDER GREENLANE.—Containers entering 

3 the United States under GreenLane at a land border port 

4 of entry shall undergo the equivalent, appropriate level of 

5 inspection and screening for potential compromise by ter6 rorists or terrorist weapons as containers arriving at a 

7 United States port of entry from a foreign port. 

8 (d) CONSEQUENCES FOR LACK OF COMPLIANCE.— 

9 (1) IN GENERAL.—Any participant whose secu10 rity measures and supply chain security practices 

11 have been found by the Secretary to be out of com12 pliance with any requirements of the GreenLane 

13 program shall be denied all benefits under 

14 GreenLane. 

15 (2) RIGHT OF APPEAL.—GreenLane partici16 pants under paragraph (1) shall have the right to 

17 appeal denial of benefits decisions to the Secretary 

18 and request redesignation under GreenLane. 

19 (e) NON-CONTAINERIZED CARGO.—The Secretary 

20 may consider the potential for participation in the 

21 GreenLane Program by importers of non-containerized 

22 cargoes that otherwise meet the requirements under this 

23 section. 

24 (f) OVERSEAS SCREENING AND EXAMINATIONS.— 

25 Not later than 180 days after the date of enactment of 


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1 this Act, the Secretary shall submit a strategy for screen2 ing and examining GreenLane containers overseas before 

3 they are loaded on to vessels destined for the United 

4 States to— 

5 (1) the Committee on Homeland Security and 

6 Governmental Affairs of the Senate; 

7 (2) the Committee on Appropriations of the 

8 Senate; 

9 (3) the Committee on Homeland Security of the 

10 House of Representatives; and 

11 (4) the Committee on Appropriations of the 

12 House of Representatives. 

13 (g) RULEMAKING.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Secretary, in 

16 consultation with private sector stakeholders, shall 

17 promulgate regulations that establish— 

18 (A) requirements for supply chain visibility 

19 procedures; 

20 (B) performance standards for container 

21 security devices and protocols for their use; 

22 (C) procedures for overseas screening and 

23 examination of GreenLane containers; and 

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1 priate, including requirements building upon se2 curity measures and supply chain security best 

3 practices contained in the C–TPAT minimum 

4 requirements set forth in section 9(c). 

5 (2) BENEFITS.—Not later than 2 years after 

6 the date of enactment of this Act, the Secretary, in 

7 consultation with the Commercial Operations Advi8 sory Committee, shall promulgate regulations pro9 viding benefits for participation in the GreenLane 

10 Program, which may include— 

11 (A) the expedited release of GreenLane 

12 cargo into destination ports within the United 

13 States during all threat levels designated by the 

14 Secretary or the Commandant of the Coast 

15 Guard; 

16 (B) reduced or eliminated bonding require17 ments for GreenLane cargo; 

18 (C) preference to vessels (as described in 

19 section 4(e)(B)); 

20 (D) further reduced searches; 

21 (E) priority processing for searches; 

22 (F) further reduced scores in the Auto23 mated Targeting System; and 

24 (G) streamlined billing of any customs du25 ties or fees. 


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1 SEC. 11. JOINT OPERATIONS CENTER. 

2 (a) ESTABLISHMENT.—Not later than 3 years after 

3 the date of enactment of this Act, the Secretary shall es4 tablish joint operation centers for maritime and cargo se5 curity to— 

6 (1) enhance information sharing; 

7 (2) facilitate day-to-day operational coordina8 tion; and 

9 (3) in the case of a transportation security inci10 dent, facilitate incident management and response. 

11 (b) ORGANIZATION.—At a minimum, a joint oper12 ations center shall be colocated with the command center 

13 for each Coast Guard sector. If a particular port is covered 

14 by a command center that is not located at that port, the 

15 Secretary shall consider virtual connectivity to maintain 

16 awareness of activities of that port and to provide other 

17 agency participation in accordance with subsection (c). 

18 (c) PARTICIPATION.—The following entities shall par19 ticipate in each joint operations center for maritime and 

20 cargo security: 

21 (1) The United States Coast Guard. 

22 (2) The Bureau of Customs and Border Protec23 tion. 

24 (3) The Bureau of Immigration and Customs 

25 Enforcement. 

26 (4) The Department of Defense, as appropriate. 


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1 (5) The Federal Bureau of Investigation. 

2 (6) Other Federal agencies with a presence at 

3 a particular port, as appropriate, or as otherwise se4 lected by the Secretary. 

5 (7) State, local, and international law enforce6 ment and first responder agencies responsible for the 

7 port, as appropriate, or as otherwise selected by the 

8 Secretary. 

9 (8) Port authority representatives, maritime ex10 changes, private sector stakeholders, and other enti11 ties subject to an Area Maritime Security Plan, as 

12 selected by the Secretary. 

13 (d) RESPONSIBILITIES.—Each joint operations cen14 ter for maritime and cargo security shall— 

15 (1) assist, as appropriate, in the implementa16 tion of maritime transportation security plans devel17 oped under section 70103 of title 46, United States 

18 Code; 

19 (2) implement the transportation security inci20 dent response plans required under section 70104 of 

21 such title; 

22 (3) carry out information sharing activities con23 sistent with those required under section 1016 of the 

24 National Security Intelligence Reform Act of 2004 


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1 (6 U.S.C. 485) and the Homeland Security Informa2 tion Sharing Act (6 U.S.C. 481 et seq.); 

3 (4) conduct short- and long-range vessel track4 ing under sections 70114 and 70115 of such title 

5 46, United States Code; and 

6 (5) carry out such other responsibilities as de7 termined by the Secretary. 

8 (e) SECURITY CLEARANCES.—The Secretary shall 

9 sponsor and expedite individuals participating in the joint 

10 operations centers in gaining or maintaining their security 

11 clearances. Through the Captain of the Port, the Sec12 retary may identify key individuals who should participate. 

13 In addition, the port or other entities may appeal to the 

14 Captain of the Port for sponsorship. 

15 (f) SECURITY INCIDENTS.—During a transportation 

16 security incident involving the port, the Coast Guard Cap17 tain of the Port designated by the Commandant of the 

18 Coast Guard in each joint operations center for maritime 

19 security shall act as the incident commander, unless other20 wise directed under the National Response Plan. 

21 (g) IMPLEMENTATION.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of this Act, the Sec24 retary shall submit an implementation plan for this 

25 section to— 


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1 (A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 (B) the Committee on Appropriations of 

4 the Senate; 

5 (C) the Committee on Homeland Security 

6 of the House of Representatives; and 

7 (D) the Committee on Appropriations of 

8 the House of Representatives. 

9 (2) CONTENTS.—The report submitted under 

10 paragraph (1) shall describe, for each joint oper11 ations center— 

12 (A) the location; 

13 (B) the specific participating entities; 

14 (C) the implementation costs; and 

15 (D) the necessary resources for operation 

16 and maintenance, including the cost-sharing re17 quirements for other agencies and participants. 

18 SEC. 12. RESEARCH, DEVELOPMENT, TEST, AND EVALUA19 TION. 

20 (a) REAUTHORIZATION OF HOMELAND SECURITY

21 SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.— 

22 (1) IN GENERAL.—Section 311(j) of the Home23 land Security Act of 2002 (6 U.S.C. 191(j)) is 

24 amended by striking ‘‘3 years after the effective date 

25 of this Act’’ and inserting ‘‘on December 31, 2008’’. 


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1 (2) EFFECTIVE DATE AND APPLICATION.—The 

2 amendment made by paragraph (1) shall be effective 

3 as if enacted on the date of enactment of the Home4 land Security Act of 2002. 

5 (3) ADVISORY COMMITTEE.—The Under Sec6 retary for Science and Technology shall utilize the 

7 Homeland Security Science and Technology Advisory 

8 Committee, as appropriate, to provide outside exper9 tise in advancing cargo security technology. 

10 (b) DUTIES OF SECRETARY.—The Secretary shall— 

11 (1) direct research, development, test, and eval12 uation efforts in furtherance of maritime and cargo 

13 security; 

14 (2) encourage the ingenuity of the private sec15 tor in developing and testing technologies and proc16 ess innovations in furtherance of these objectives; 

17 and 

18 (3) evaluate such technologies. 

19 (c) COORDINATION.—The Secretary, acting through 

20 the Under Secretary for Science and Technology, in con21 sultation with the Under Secretary for Policy, the Director 

22 of Cargo Security Policy, and the Chief Financial Officer, 

23 shall ensure that— 

24 (1) research, development, test, and evaluation 

25 efforts funded by the Department in furtherance of 


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1 maritime and cargo security are coordinated to avoid 

2 duplication of efforts; and 

3 (2) the results of such efforts are shared 

4 throughout the Department, as appropriate. 

5 (d) OPERATION SAFE COMMERCE.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of this Act, the Secretary 

8 shall initiate grant projects, as part of Operation 

9 Safe Commerce, that— 

10 (A) integrate nonintrusive inspection and 

11 radiation detection equipment with automatic 

12 identification methods for containers, vessels, 

13 and vehicles; 

14 (B) test physical access control protocols 

15 and technologies; 

16 (C) create a data sharing network capable 

17 of transmitting data required by entities par18 ticipating in the international supply chain from 

19 every intermodal transfer point to the National 

20 Targeting Center of the Department; and 

21 (D) otherwise further maritime and cargo 

22 security, as determined by the Secretary. 

23 (2) SUPPLY CHAIN SECURITY FOR SPECIAL

24 CONTAINER AND NONCONTAINERIZED CARGO.—The 

25 Secretary shall consider demonstration projects that 


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1 further the security of the international supply chain 

2 for special container cargo, including refrigerated 

3 containers, and noncontainerized cargo, including 

4 roll-on/roll-off, break-bulk, liquid, and dry bulk 

5 cargo. 

6 (3) ANNUAL REPORT.—Not later than March 1 

7 of each year, the Secretary shall submit a report de8 tailing the results of Operation Safe Commerce to— 

9 (A) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; 

11 (B) the Committee on Homeland Security 

12 of the House of Representatives; 

13 (C) the Committee on Appropriations of 

14 the Senate; and 

15 (D) the Committee on Appropriations of 

16 the House of Representatives. 

17 (e) GREENLANE TECHNOLOGY.—The Secretary 

18 shall, not less frequently than once every 2 years— 

19 (1) review the technology requirements and 

20 standards established under section 10; and 

21 (2) test future supply chain visibility proce22 dures, container security devices, and other systems 

23 as they become commercially available to track and 

24 secure containers and the smallest exterior pack25 aging units loaded into containers. 


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1 SEC. 13. PORT SECURITY GRANT PROGRAM. 

2 (a) GRANTS AUTHORIZED.—The Secretary, acting 

3 through the Office for Domestic Preparedness, shall estab4 lish a grant program to fairly and equitably allocate Fed5 eral financial assistance— 

6 (1) to help implement Area Maritime Transpor7 tation Security plans required under section 

8 70103(b) of title 46, United States Code; 

9 (2) to correct port security vulnerabilities iden10 tified through vulnerability assessments approved by 

11 the Secretary; or 

12 (3) to non-Federal projects contributing to the 

13 overall security of an individual port or the system 

14 of ports in the United States, as determined by the 

15 Secretary. 

16 (b) GRANTEE SELECTION.—In awarding grants 

17 under this Act, the Secretary shall— 

18 (1) take into account national economic and 

19 strategic defense considerations of individual ports; 

20 (2) strongly encourage efforts to promote— 

21 (A) integration of port-wide security, in22 cluding supply chain initiatives; 

23 (B) information and intelligence sharing; 

24 and 

25 (C) joint efforts, such as joint operations 

26 centers, among all port stakeholders; and 


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1 (3) consider funding major projects in phases 

2 over multiple years. 

3 (c) MULTIPLE PHASE PROJECTS.— 

4 (1) FUNDING LIMITATION.—Not more than 20 

5 percent of the total grant funds awarded under this 

6 section in any fiscal year may be awarded for 

7 projects that span multiple years. 

8 (2) PRIORITY.—In determining grant recipients 

9 under this section, the Secretary may give preference 

10 to continuing to fund multiyear projects that have 

11 previously received funding under this section. 

12 (d) USE OF FUNDS.—Grants awarded under this sec13 tion may be used— 

14 (1) to help implement Area Maritime Transpor15 tation Security Plans required under section 

16 70103(b) of title 46, United States Code; 

17 (2) to correct port security vulnerabilities iden18 tified through vulnerability assessments approved by 

19 the Secretary; 

20 (3) for the salaries, benefits, overtime com21 pensation, and other costs of additional security per22 sonnel for State and local agencies for activities re23 quired by the Area Maritime Security Plan for a 

24 port area if— 


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1 (A) the Secretary increases the threat level 

2 under the Homeland Security Advisory System 

3 to Code Orange or Code Red; 

4 (B) the Commandant of the Coast Guard 

5 raises the Maritime Security level to MARSEC 

6 Level 2 or 3; or 

7 (C) the Secretary otherwise authorizes 

8 such costs; 

9 (4) for the cost of acquisition, operation, and 

10 maintenance of equipment that contributes to the 

11 overall security of the port area, as identified in the 

12 Area Maritime Security Plan if the need is based 

13 upon vulnerability assessments approved by the Sec14 retary or identified in the Area Maritime Security 

15 Plan; 

16 (5) to develop joint operations centers, as de17 scribed under section 10, that bring together Fed18 eral, State, and local officials and stakeholders into 

19 a common operation center that is focused on area 

20 maritime and cargo security; 

21 (6) to conduct vulnerability assessments ap22 proved by the Secretary; and 

23 (7) to conduct port-wide exercises to strengthen 

24 emergency preparedness of Federal, State, and local 

25 officials responsible for port security, including law 


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1 enforcement personnel and firefighters and other 

2 first responders, in support of the Area Maritime 

3 Security Plan. 

4 (e) PROHIBITED USES.—Grants awarded under this 

5 section may not be used to— 

6 (1) construct buildings or other physical facili7 ties, except those otherwise authorized under section 

8 611 of the Robert T. Stafford Disaster Relief and 

9 Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

10 including those facilities in support of subsection 

11 (d)(5), and specifically approved by the Secretary; or 

12 (2) acquire land, unless such use is specifically 

13 approved by the Secretary in support of subsection 

14 (d)(5). 

15 (f) MATCHING REQUIREMENTS.—Except as provided 

16 in paragraph (2), Federal funds for any eligible project 

17 under this section shall be determined by the Secretary. 

18 (g) APPLICATION.— 

19 (1) IN GENERAL.—Any entity subject to an 

20 Area Maritime Transportation Security Plan may 

21 submit an application for a grant under this section, 

22 at such time, in such form, and containing such in23 formation and assurances as the Secretary, working 

24 through the Office for Domestic Preparedness, may 

25 require. 


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1 (2) MINIMUM STANDARDS FOR PAYMENT OR

2 REIMBURSEMENT.—Each application submitted 

3 under paragraph (1) shall include— 

4 (A) a comprehensive description of— 

5 (i) the need for the project; 

6 (ii) the methodology for coordinating 

7 the project into the security of the greater 

8 port area, as identified in the Area Mari9 time Security Plan; 

10 (iii) any existing cooperation agree11 ments with other port facilities, vessels, or 

12 organizations that benefit security of the 

13 entire port; and 

14 (iv) the applicability of the project to 

15 the Area Maritime Transportation Security 

16 Plan; and 

17 (B) a determination by the Captain of the 

18 Port that the security project— 

19 (i) addresses or corrects port security 

20 vulnerabilities identified by the Coast 

21 Guard, or through port security vulner22 ability assessments approved by the Sec23 retary; and 


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1 (ii) helps to ensure compliance with 

2 the Area Maritime Transportation Security 

3 Plan. 

4 (3) PROCEDURAL SAFEGUARDS.—The Sec5 retary, in consultation with the Office of the Inspec6 tor General, shall issue guidelines to establish appro7 priate accounting, reporting, and review procedures 

8 to ensure that— 

9 (A) grant funds are used for the purposes 

10 for which they were made available; 

11 (B) grantees have properly accounted for 

12 all expenditures of grant funds; and 

13 (C) grant funds not used for such purposes 

14 and amounts not obligated or expended are re15 turned. 

16 (4) PROJECT APPROVAL REQUIRED.—The Sec17 retary may not award a grant under this section un18 less the Secretary determines that— 

19 (A) the project to be carried out with such 

20 grant funding— 

21 (i) is consistent with vulnerability as22 sessments approved by the Secretary; 

23 (ii) supports cooperation or integra24 tion of Federal, State, local, and industry 

25 stakeholders in the port area; and 


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1 (iii) helps to implement the Area Mar2 itime Transportation Security Plan; 

3 (B) sufficient funding is available to meet 

4 the matching requirement described under sub5 section (d); 

6 (C) the project will be completed without 

7 unreasonable delay; and 

8 (D) the recipient has authority to carry 

9 out the proposed project. 

10 (h) COORDINATION AND COOPERATION.—The Sec11 retary— 

12 (1) shall ensure that all projects that receive 

13 grant funding under this section within any area de14 fined in an Area Maritime Transportation Security 

15 Plan are coordinated with other projects in such 

16 area; and 

17 (2) may require cooperative agreements among 

18 users of the port and port facilities with respect to 

19 projects funded under this section. 

20 (i) AUDITS AND EXAMINATIONS.—All grantees under 

21 this section shall maintain such records as the Secretary 

22 may require and make such records available for review 

23 and audit by the Secretary, the Comptroller General of 

24 the United States, or the Inspector General of the Depart25 ment. 


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1 (j) ANNUAL REPORTS.—Not later than 1 year after 

2 the date of enactment of this Act, and annually thereafter 

3 until October 1, 2013, the Secretary shall submit an un4 classified report describing regarding the progress made 

5 in meeting the objectives of the port security grant pro6 gram established under this section to— 

7 (1) the Committee on Homeland Security and 

8 Governmental Affairs of the Senate; 

9 (2) the Committee on Homeland Security of the 

10 House of Representatives; 

11 (3) the Committee on Appropriations of the 

12 Senate; and 

13 (4) the Committee on Appropriations of the 

14 House of Representatives. 

15 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IMPROVEMENTS TO AUTOMATED TARGETING

17 SYSTEM.—There are authorized to be appropriated 

18 $5,000,000 for each of the fiscal years 2007 through 2012 

19 to carry out the provisions of section 4(b). 

20 (b) OFFICE OF CARGO SECURITY POLICY.—There 

21 are authorized to be appropriated for each of the fiscal 

22 years 2007 through 2012— 

23 (1) $4,000,000 to carry out the amendment 

24 made by section 5(a); and 


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1 (2) $1,000,000 to carry out the provisions of 

2 section 5(b). 

3 (c) CONTAINER SECURITY INITIATIVE.—There are 

4 authorized to be appropriated $175,000,000 for each of 

5 the fiscal years 2007 through 2012 to carry out the provi6 sions of section 8. 

7 (d) CUSTOMS-TRADE PARTNERSHIP AGAINST TER8 RORISM.—There are authorized to be appropriated 

9 $75,000,000 for each of the fiscal years 2007 through 

10 2012 to carry out the provisions of section 9. 

11 (e) GREENLANE DESIGNATION.—There are author12 ized to be appropriated $50,000,000 for each of the fiscal 

13 years 2007 through 2012 to carry out the provisions of 

14 section 10. 

15 (f) INCIDENT RESPONSE.— 

16 (1) IN GENERAL.—There are authorized to be 

17 appropriated $100,000,000 for each of the fiscal 

18 years 2007 through 2012 to carry out the provisions 

19 of section 11. 

20 (2) BUDGET ANALYSIS.—Not later than 180 

21 days after the date of enactment of this Act, the 

22 Secretary shall submit a budget analysis for imple23 menting the provisions of section 11, including addi24 tional cost-sharing arrangements with other Federal 


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1 departments and other participants involved in the 

2 joint operation centers, to— 

3 (A) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 (B) the Committee on Appropriations of 

6 the Senate; 

7 (C) the Committee on Homeland Security 

8 of the House of Representatives; and 

9 (D) the Committee on Appropriations of 

10 the House of Representatives. 

11 (g) OPERATION SAFE COMMERCE.—There are au12 thorized to be appropriated $25,000,000 for each of fiscal 

13 years 2007 through 2012 to carry out the provisions of 

14 section 12(c). 

15 (h) PORT SECURITY GRANT PROGRAM.—There are 

16 authorized to be appropriated $400,000,000 for each of 

17 fiscal years 2007 through 2012 to carry out the grant pro18 gram established under section 13. 

19 (i) OTHER PROVISIONS.—There are authorized to be 

20 appropriated such sums as may be necessary for each of 

21 fiscal years 2007 through 2012 to carry out the provisions 

22 of this Act not otherwise provided for under this section. 

23 (j) SOURCE OF FUNDS.—Amounts authorized to be 

24 appropriated under this section shall originate from duties 


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1 collected by the Bureau of Customs and Border Protec2 tion. 

Æ 


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