II 

Calendar No. 292 

109TH CONGRESS 

1ST SESSION S. 2008 

To improve cargo security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2005 

Mrs. MURRAY (for herself, Ms. COLLINS, Mr. LIEBERMAN, and Mr. 

COLEMAN) introduced the following bill; which was read the first time 

NOVEMBER 16, 2005 

Read the second time and placed on the calendar 

A BILL 

To improve cargo security, and for other purposes. 

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. 
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Sec. 4. Strategy. 

Sec. 5. Office of Cargo Security Policy. 

Sec. 6. Container security standards and procedures. 

Sec. 7. Radiation detection and radiation safety. 

Sec. 8. Container Security Initiative. 

Sec. 9. Customs-Trade Partnership Against Terrorism. 

Sec. 10. GreenLane designation. 

Sec. 11. Joint operations center. 

Sec. 12. Research, development, test, and evaluation. 

Sec. 13. Port Security Grant Program. 

Sec. 14. Authorization of appropriations. 

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. 
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1 (4) In its final report, the National Commission 

2 on Terrorist Attacks Upon the United States noted, 

3 ‘‘While commercial aviation remains a possible tar4 get, terrorists may turn their attention to other 

5 modes of transportation. Opportunities to do harm 

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

7 transportation. Initiatives to secure shipping con8 tainers have just begun.’’. 

9 (5) The April 2005 Government Accountability 

10 Office report entitled ‘‘CONTAINER SECURITY: 

11 A Flexible Staffing Model and Minimum Equipment 

12 Requirements Would Improve Overseas Targeting 

13 and Inspection Efforts’’ reported that the effective14 ness of the Container Security Initiative is com15 promised when containers screened by the Bureau of 

16 Customs and Border Protection and identified as 

17 high-risk are not properly inspected and examined 

18 by foreign governments. 

19 (6) The March 2005 Government Account20 ability Office report entitled, ‘‘CARGO SECURITY: 

21 Partnership Program Grants Importers Reduced 

22 Scrutiny with Limited Assurance of Improved Secu23 rity’’, reports that the terrorist events of September 

24 11, 2001, raised concerns about the potential use of 

25 company supply chains, particularly oceangoing 
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1 cargo containers, to move weapons of mass destruc2 tion to the United States. While the likelihood of 

3 such use of containers is considered low, the move4 ment of oceangoing containerized cargo is vulnerable 

5 to some form of terrorist action. Such action, includ6 ing attempts to smuggle either fully assembled weap7 ons of mass destruction or their individual compo8 nents, could lead to widespread death and damage. 

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

10 National Strategy for Maritime Security, which 

11 notes that the probability of a hostile state using a 

12 weapon of mass destruction (referred to in this sec13 tion as ‘‘WMD’’) will increase during the next dec14 ade. WMD are of great concern since the maritime 

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

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

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

18 most industries, rather than stockpiling or maintain19 ing operating reserves of energy, raw materials, and 

20 key components, means that a disruption or slowing 

21 of the flow of almost any item can have widespread 

22 implications for the overall market and national 

23 economy’’. 

24 (8) Significant enhancements can be achieved 

25 by applying a layered approach to supply chain secu-
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1 rity, though such layers must be developed in a co2 ordinated fashion. Current supply chain security 

3 programs within the Federal government have been 

4 independently operated, often falling short of gains 

5 which could be made had coordination taken place. 

6 (9) In a May 26, 2005, hearing of the Perma7 nent Subcommittee on Investigations of the Com8 mittee on Homeland Security and Governmental Af9 fairs of the Senate, key concerns with the Depart10 ment’s supply chain security programs were noted, 

11 including— 

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

13 Bureau of Customs and Border Protection had 

14 identified as high-risk is inspected overseas; 

15 (B) equipment, such as radiation detection 

16 devices and nonintrusive imaging machines, 

17 used overseas for inspections are untested and 

18 of unknown quality; 

19 (C) the Bureau of Customs and Border 

20 Protection has failed to develop performance 

21 measures for the Container Security Initiative 

22 that would validate CSI port designations and 

23 justify the deployment of personnel overseas; 

24 (D) the lack of such performance measures 

25 and an assessment for staffing allocations has 
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1 lead to some CSI ports being overstaffed while 

2 others are inadequately staffed; 

3 (E) substantial benefits including fewer in4 spections are provided to importers enrolled in 

5 the C–TPAT program without a thorough re6 view or validation of their supply chain security 

7 profiles; and 

8 (F) the validation procedures and require9 ments are not sufficiently rigorous to ensure 

10 the C–TPAT member’s security procedures are 

11 adequate. 

12 (10) The statement of managers accompanying 

13 the conference report on the Department of Home14 land Security Appropriations Act, 2005 (Public Law 

15 108–334) directed the Under Secretary for Border 

16 and Transportation Security to ‘‘submit a report to 

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

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

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

20 the resources that have been devoted to shipping 

21 container security in prior fiscal years and the pro22 posed resources to continue this security, (3) the re23 sults of on-going projects, such as Operation Safe 

24 Commerce, CSI, C–TPAT and others, (4) which de25 partmental entity has primary responsibility for im-
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1 plementing the needed changes, and (5) the steps 

2 the entity with primary responsibility will take to 

3 implement these changes, including a specific sched4 ule for the development and issuance of standards, 

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

6 of managers accompanying the conference report on 

7 the Department of Homeland Security Appropria8 tions Act, 2006 (Public Law 109–90) directed the 

9 Department of Homeland Security to conduct a new 

10 review regarding cargo container security, stating 

11 ‘‘on June 9, 2005, the Department submitted a re12 port on cargo container security which was 4 months 

13 overdue and did not meet the needs outlined in the 

14 statement of managers accompanying the conference 

15 report on the Department of Homeland Security Ap16 propriations Act, 2005 (Public Law 108–334).’’. 

17 (11) While it is impossible to completely remove 

18 the risk of terrorist attacks, security measures in the 

19 transport sector designed to counter terrorism can 

20 add certainty and stability to the global economy, 

21 raise investor confidence, and facilitate trade. Some 

22 counterterrorism costs are integral to the price that 

23 must be paid to protect society. However, counter24 terrorism measures can also present an opportunity 

25 to find and agree on measures that combine the im-
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1 perative to fight terrorism with the possibility of in2 creased efficiency in the system. These efficiency 

3 gains are maximized when all nations adopt them. 

4 (12) The World Customs Organization has 

5 taken a positive step in furtherance of international 

6 supply chain security in publishing the Framework 

7 of Standards to Secure and Facilitate Global Trade, 

8 which outlines a set of minimum standards designed 

9 to— 

10 (A) establish standards for security and 

11 trade facilitation; 

12 (B) enable integrated supply chain man13 agement; 

14 (C) enhance the capabilities of customs ad15 ministrations; and 

16 (D) promote cooperation between the cus17 toms and business communities. 

18 (13) The shipping industry has a responsibility 

19 to monitor, self-assess, and report on the risks asso20 ciated with goods under their control or use. The 

21 public sector must offer incentives for companies to 

22 invest in security in order to promote information 

23 sharing and other public-benefit outcomes. 

24 (14) Increasing the transparency of the supply 

25 chain will assist in mitigating the impact of an inci-
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1 dent by allowing for targeted shutdown of the inter2 national supply chain and expedited restoration of 

3 commercial traffic. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) AUTOMATED TARGETING SYSTEM.—The 

7 term ‘‘Automated Targeting System’’ means the sys8 tem established by the Bureau of Customs and Bor9 der Protection to assess imports and target those 

10 imports which pose a high risk of containing contra11 band. 

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

13 the meaning given the term in the International 

14 Convention for Safe Containers, with annexes, done 

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

16 (3) CONTAINER SECURITY DEVICE.—The term 

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

18 to track and monitor containers for, and secure 

19 them against, tampering or compromise throughout 

20 the international supply chain. 

21 (4) CONTAINER SECURITY INITIATIVE; CSI.— 

22 The terms ‘‘Container Security Initiative’’ and 

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

24 8 to identify and examine maritime containers that 
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1 pose a risk for terrorism at foreign ports before they 

2 are shipped to the United States. 

3 (5) CUSTOMS-TRADE PARTNERSHIP AGAINST

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

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

6 mean the voluntary program authorized under sec7 tion 9 to strengthen and improve the overall security 

8 of the international supply chain and United States 

9 border security. 

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

11 means the Department of Homeland Security. 

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

13 means an inspection of cargo to detect the presence 

14 of misdeclared, restricted, or prohibited items, in15 cluding an inspection using nonintrusive imaging 

16 and detection technology. 

17 (8) GREENLANE.—The term ‘‘GreenLane’’ re18 fers to the third tier of C–TPAT, that offers addi19 tional benefits to validated C–TPAT participants 

20 that demonstrate a sustained commitment beyond 

21 the minimum requirements for participation in C– 

22 TPAT. 

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

24 means the comprehensive process used by the Bu25 reau of Customs and Border Protection for assess-
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1 ing goods entering the United States to appraise 

2 them for duty purposes, to detect the presence of re3 stricted or prohibited items, and to ensure compli4 ance with all applicable laws. This process may in5 clude screening, conducting an examination, or con6 ducting a search. 

7 (10) INTERNATIONAL SUPPLY CHAIN.—The 

8 term ‘‘international supply chain’’ means the end-to9 end process for shipping goods from a point of ori10 gin overseas to the United States. 

11 (11) OPERATION SAFE COMMERCE.—The term 

12 ‘‘Operation Safe Commerce’’ means the research, de13 velopment, test, and evaluation grant program that 

14 brings together private sector shareholders, port offi15 cials, and Federal, State, and local representatives 

16 to analyze existing security procedures for cargo and 

17 develop new security protocols that have the poten18 tial to increase the security of cargo shipments by 

19 monitoring the movement and integrity of cargo 

20 through the international supply chain. 

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

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

23 which such goods are assembled into the smallest ex24 terior packaging unit for movement through the 

25 international supply chain. 
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1 (13) SCREENING.—The term ‘‘screening’’ 

2 means a visual or automated review of information 

3 about goods, including manifest or entry documenta4 tion accompanying a shipment being imported into 

5 the United States, to determine or assess the threat 

6 of such cargo. 

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

8 intrusive examination in which a container is opened 

9 and its contents are de-vanned and visually in10 spected by inspectional personnel for the presence of 

11 misdeclared, restricted, or prohibited items. 

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

13 means the Secretary of Homeland Security. 

14 (16) SMALLEST EXTERIOR PACKAGING UNIT.— 

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

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

17 Code of Federal Regulations (as in effect on the 

18 date of enactment of this Act). 

19 (17) SUPPLY CHAIN VISIBILITY PROCEDURE.— 

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

21 a system or process capable of tracking goods at the 

22 smallest exterior packaging unit level from their 

23 point of origin to the point of loading into a con24 tainer entering the international supply chain. 
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1 (18) TRANSPORTATION SECURITY INCIDENT.— 

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

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

4 46, United States Code. 

5 SEC. 4. STRATEGY. 

6 (a) STRATEGIC PLAN.— 

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

8 after the date of enactment of this Act, the Sec9 retary, in consultation with appropriate Federal, 

10 State, local, and tribal government agencies and pri11 vate sector stakeholders responsible for security mat12 ters that affect or relate to the movement of con13 tainers through the international supply chain, shall 

14 submit a comprehensive strategic plan to enhance 

15 international supply chain security for all modes of 

16 transportation by which containers arrive in, depart 

17 from, or move through seaports of the United States 

18 to— 

19 (A) the Committee on Homeland Security 

20 and Governmental Affairs of the Senate; 

21 (B) the Committee on Appropriations of 

22 the Senate; 

23 (C) the Committee on Homeland Security 

24 of the House of Representatives; and 
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1 (D) the Committee on Appropriations of 

2 the House of Representatives. 

3 (2) CONTENT.—The strategic plan submitted 

4 under paragraph (1) shall— 

5 (A) clarify and delineate the roles, respon6 sibilities, and authorities of Federal, State, 

7 local, and tribal government agencies and pri8 vate sector stakeholders that relate to the secu9 rity of the movement of containers through the 

10 international supply chain; 

11 (B) provide measurable goals, including 

12 objectives, mechanisms, and a schedule, for fur13 thering the security of commercial operations 

14 from point of origin to point of destination; 

15 (C) build on available resources and con16 sider costs and benefits; 

17 (D) identify mandatory, baseline security 

18 goals, and the minimum container security 

19 standards and procedures described in section 

20 6; 

21 (E) provide incentives for additional vol22 untary measures to enhance cargo security, as 

23 determined by the Secretary and under the 

24 GreenLane Program under section 10; 
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1 (F) include a process for sharing intel2 ligence and information with private sector 

3 stakeholders to assist in their security efforts; 

4 (G) identify a framework for prudent and 

5 measured response in the event of a transpor6 tation security incident involving the inter7 national supply chain; 

8 (H) provide a plan for the expeditious re9 sumption of the flow of legitimate trade in ac10 cordance with paragraph (3); 

11 (I) focus on the secure movement of con12 tainerized cargo through the international sup13 ply chain; and 

14 (J) expand upon and relate to existing 

15 strategies and plans, including the National 

16 Strategy for Maritime Security. 

17 (3) RESUMPTION OF TRADE.— 

18 (A) IN GENERAL.—The Secretary shall de19 velop protocols for the resumption of trade in 

20 the event of a transportation security incident 

21 that necessitates the suspension of trade 

22 through contingency and continuity planning 

23 that ensure trade lanes are restored as quickly 

24 as possible. 
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1 (B) PREFERENCES.—In reestablishing the 

2 flow of cargo through ports of entry in the 

3 United States after a transportation security in4 cident, the Secretary shall give preference to 

5 vessels— 

6 (i) having a vessel security plan ap7 proved or accepted under section 70103(c) 

8 of title 46, United States Code; 

9 (ii) entering a port of entry directly 

10 from a foreign port designated under CSI 

11 or from another foreign port, as deter12 mined by the Secretary; 

13 (iii) operated by validated C–TPAT 

14 participants; and 

15 (iv) carrying GreenLane designated 

16 cargo. 

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

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

19 Secretary shall submit an update of the strategic 

20 plan to the Committee on Homeland Security and 

21 Governmental Affairs of the Senate, the Committee 

22 on Homeland Security of the House of Representa23 tives, the Committee on Appropriations of the Sen24 ate, and the Committee on Appropriations of the 

25 House of Representatives. 
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1 (5) CONSULTATIONS.—Consultations described 

2 in paragraph (1) shall focus on— 

3 (A) designing measurable goals, including 

4 objectives, mechanisms, and a schedule, for fur5 thering the security of the international supply 

6 chain; 

7 (B) identifying and addressing gaps in ca8 pabilities, responsibilities, or authorities; 

9 (C) identifying and streamlining unneces10 sary overlaps in capabilities, responsibilities, or 

11 authorities; and 

12 (D) identifying and making recommenda13 tions regarding legislative, regulatory, and orga14 nizational changes necessary to improve coordi15 nation among the entities or to enhance the se16 curity of the international supply chain. 

17 (6) UTILIZATION OF ADVISORY COMMITTEES.— 

18 As part of the consultative process, the Secretary is 

19 encouraged to utilize the Homeland Security Advi20 sory Committee, the National Maritime Security Ad21 visory Committee, and the Commercial Operations 

22 Advisory Committee to review, as necessary, the 

23 draft strategic plan and any subsequent update to 

24 that plan. 
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1 (7) INTERNATIONAL STANDARDS AND PRAC2 TICES.—In furtherance of the strategic plan, the 

3 Secretary is encouraged to consider proposed or es4 tablished standards and practices of foreign govern5 ments and international organizations, including the 

6 International Maritime Organization, the World 

7 Customs Organization, the International Labor Or8 ganization, and the International Organization for 

9 Standardization, as appropriate, to establish stand10 ards and best practices for the security of containers 

11 moving through the international supply chain. 

12 (b) IMPROVEMENTS TO AUTOMATED TARGETING

13 SYSTEM.— 

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

15 date of enactment of this Act, the Secretary shall 

16 develop and implement a plan for improving the 

17 Automated Targeting System for identifying high18 risk containers moving through the international 

19 supply chain. 

20 (2) CONTENTS.— 

21 (A) TREATMENT OF RECOMMENDA22 TIONS.—The Secretary shall include in the plan 

23 required under paragraph (1) a schedule for 

24 completing all outstanding corrective actions 

25 recommended by the Comptroller General of the 
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1 United States, the Inspector General of the De2 partment of the Treasury, and the Inspector 

3 General of the Department with respect to the 

4 operation of the Automated Targeting System. 

5 (B) INFORMATION SUBMISSIONS.—In de6 veloping the plan under paragraph (1), the Sec7 retary shall consider the cost, benefit, and feasi8 bility of— 

9 (i) requiring additional nonmanifest 

10 documentation for each container, includ11 ing purchase orders, shipper’s letters of in12 struction, commercial invoices, letters of 

13 credit, certificates of origin, advance ship14 ping notices, vessel stow plans, and certain 

15 container status messages, when created; 

16 (ii) reducing the time period allowed 

17 by law for revisions to a container cargo 

18 manifest; 

19 (iii) reducing the time period allowed 

20 by law for submission of entry data for 

21 vessel or cargo; and 

22 (iv) such other actions the Secretary 

23 considers beneficial for improving the in24 formation relied upon for the Automated 

25 Targeting System and any other targeting 
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1 systems in furthering the security and in2 tegrity of the international supply chain. 

3 (C) OUTSIDE REVIEW.—The Secretary 

4 shall conduct, through an independent panel, a 

5 review of the Automated Targeting System. 

6 The results of this review shall be included in 

7 the plan submitted under paragraph (1). 

8 (D) SMART SYSTEM.—The Secretary shall 

9 consider future iterations of the Automated 

10 Targeting System, which would incorporate 

11 smart features, such as more complex algo12 rithms and real-time intelligence, instead of re13 lying solely on rule sets that are periodically up14 dated. 

15 (3) NEW OR EXPANDED INFORMATION SUBMIS16 SIONS.—In considering any new or expanded infor17 mation submission requirements, the Secretary shall 

18 consult with stakeholders and identify the need for 

19 such information, and the appropriate timing of its 

20 submission, in the plan submitted under paragraph 

21 (1). 

22 (4) SECURE TRANSMISSION OF CERTAIN INFOR23 MATION.—All information required by the Depart24 ment from supply chain partners shall be trans25 mitted in a secure fashion, as determined by the 
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1 Secretary, so as to protect the information from un2 authorized access. 

3 (c) UNIFORM DATA FOR GOVERNMENT-WIDE

4 USAGE.— 

5 (1) ESTABLISHMENT.—The Secretary, in con6 junction with representatives from the Department, 

7 the Department of Transportation, the Department 

8 of Health and Human Services, the Department of 

9 Agriculture, the Department of Commerce, the De10 partment of State, the Department of Defense, the 

11 Department of Justice, the Department of the Inte12 rior, and other appropriate Federal agencies, as de13 termined by the Secretary, shall establish and imple14 ment a single, uniform data system for the electronic 

15 collection, dissemination, and sharing of import and 

16 export information to increase the efficiency of data 

17 submission and the security of such data related to 

18 border security, trade, and public health and safety 

19 of international cargoes (referred to in this sub20 section as the ‘‘International Trade Data System’’). 

21 (2) INTERAGENCY STEERING GROUP.—The 

22 Deputy Director for Management of the Office of 

23 Management and Budget (referred to in this sub24 section as the ‘‘Deputy Director’’), pursuant to re25 sponsibilities under chapter 36 of title 44, United 
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1 States Code, shall establish an executive level, inter2 departmental steering group (referred to in this sub3 section as the ‘‘Interdepartmental Steering Group’’), 

4 comprised of representatives of the departments list5 ed in paragraph (1), to coordinate, the establish6 ment, investment in, and implementation of the 

7 International Trade Data System. 

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

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

10 Director, through the Interdepartmental Steering 

11 Group, shall complete the development of the har12 monized data set of import and export information 

13 submitted to agencies with a presence at the inter14 national border of the United States. 

15 (4) PRIVATE SECTOR CONSULTATION.—The 

16 Secretary and the Interdepartmental Steering Group 

17 shall consult with private sector stakeholders in de18 veloping the uniform data submission requirements, 

19 procedures, and schedules. 

20 (5) JOINT INSPECTIONS PROCEDURES.—The 

21 Deputy Director, through the Interdepartmental 

22 Steering Group, shall develop plans for longer term 

23 uses of the International Trade Data System, in24 cluding facilitating joint cargo inspections by mul-
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1 tiple Federal agencies to meet their respective re2 quirements. 

3 SEC. 5. OFFICE OF CARGO SECURITY POLICY. 

4 (a) ESTABLISHMENT.—Subtitle C of title IV of the 

5 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

6 is amended by adding at the end the following: 

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

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

9 the Department an Office of Cargo Security Policy (re10 ferred to in this section as the ‘Office’). 

11 ‘‘(b) PURPOSE.—The Office shall— 

12 ‘‘(1) coordinate all Department policies and 

13 programs relating to cargo security; and 

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

15 other Federal agencies to establish standards and 

16 regulations and to promote best practices. 

17 ‘‘(c) DIRECTOR.— 

18 ‘‘(1) APPOINTMENT.—The Office shall be head19 ed by a Director, who shall— 

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

21 ‘‘(B) report to the Assistant Secretary for 

22 Policy. 

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

24 ‘‘(A) advise the Secretary and the Assist25 ant Secretary for Policy regarding all aspects of 
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1 Department programs relating to cargo secu2 rity; 

3 ‘‘(B) develop Department-wide policies re4 garding cargo security; 

5 ‘‘(C) coordinate the cargo security policies 

6 and programs of the Department with other ex7 ecutive agencies; and 

8 ‘‘(D) coordinate all programs of the De9 partment relating to cargo security.’’. 

10 (b) DESIGNATION OF LIAISON OFFICE OF DEPART11 MENT OF STATE.—The Secretary of State shall designate 

12 a liaison office within the Department of State to assist 

13 the Secretary, as appropriate in negotiating cargo security 

14 related international agreements; in conducting activities 

15 under this Act; and other responsibilities as assigned by 

16 the Secretary of State. 

17 SEC. 6. CONTAINER SECURITY STANDARDS AND PROCE18 DURES. 

19 (a) ESTABLISHMENT.— 

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

21 after the date of enactment of this Act, the Sec22 retary shall establish, by regulation, minimum stand23 ards and procedures for securing containers in tran24 sit to an importer in the United States. 
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1 (2) INFORMATION SOURCES.—The Secretary 

2 shall use information from C–TPAT, Operation Safe 

3 Commerce, any container security program of the 

4 Directorate of Science and Technology, and other se5 curity initiatives to establish the standards and pro6 cedures described in paragraph (1). Such standards 

7 may address operation, technology use, and perform8 ance. 

9 (3) DEADLINE FOR ENFORCEMENT.—Not later 

10 than 2 years after the establishment of standards 

11 and procedures under subsection (a), all containers 

12 bound for ports of entry in the United States shall 

13 meet such standards and procedures. 

14 (b) REVIEW AND ENHANCEMENT.—The Secretary 

15 shall regularly— 

16 (1) review the standards and procedures estab17 lished pursuant to subsection (a); and 

18 (2) enhance the security standards and proce19 dures, as appropriate, based on tests of technologies 

20 as they become commercially available to detect con21 tainer intrusion and the highest consequence threats, 

22 particularly weapons of mass destruction, in accord23 ance with section 11. 

24 (c) INTERNATIONAL CARGO SECURITY STAND25 ARDS.—The Secretary, in consultation with the Secretary 
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1 of State, is encouraged to promote and establish inter2 national standards for the security of containers moving 

3 through the international supply chain with foreign gov4 ernments and international organizations, including the 

5 International Maritime Organization and the World Cus6 toms Organization. 

7 SEC. 7. RADIATION DETECTION AND RADIATION SAFETY. 

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

9 after the date of enactment of this Act, all containers en10 tering the United States shall be examined for radiation. 

11 (b) STRATEGY.— 

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

13 the date of enactment of this Act, the Secretary 

14 shall submit a strategy for the deployment of radi15 ation detection equipment at all ports of entry to— 

16 (A) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; 

18 (B) the Committee on Appropriations of 

19 the Senate; 

20 (C) the Committee on Homeland Security 

21 of the House of Representatives; and 

22 (D) the Committee on Appropriations of 

23 the House of Representatives. 

24 (2) CONTENTS.—The strategy submitted under 

25 paragraph (1) shall include— 
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1 (A) the type of equipment to be used; 

2 (B) standard operating procedures for ex3 amining containers with such equipment; 

4 (C) a plan detailing the environmental 

5 health and safety impacts of nonintrusive in6 spection technology; 

7 (D) the Department policy for the using 

8 nonintrusive inspection equipment; and 

9 (E) a classified annex that details plans 

10 for covert testing. 

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

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

13 submit a plan, to the Committee on Homeland Security 

14 and Governmental Affairs of the Senate, the Committee 

15 on Appropriations of the Senate, the Committee on Home16 land Security of the House of Representatives, and the 

17 Committee on Appropriations of the House of Representa18 tives, that— 

19 (1) details the health and safety impacts of 

20 nonintrusive inspection technology; and 

21 (2) describes the policy of the Bureau of Cus22 toms and Border Protection for using nonintrusive 

23 inspection equipment. 
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1 SEC. 8. CONTAINER SECURITY INITIATIVE. 

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

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

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

5 examine maritime containers that pose a risk for terrorism 

6 at foreign ports before the containers are shipped to the 

7 United States. 

8 (b) ASSESSMENT.—Before the Secretary designates 

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

10 with the Secretary of State and other Federal officials, 

11 as appropriate, shall conduct an assessment of the port 

12 to evaluate costs, benefits, and other factors associated 

13 with designation, including— 

14 (1) the level of risk for the potential com15 promise of containers by terrorists or terrorist weap16 ons; 

17 (2) the economic impact of cargo traveling from 

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

19 (3) the results of the Coast Guard assessments 

20 conducted pursuant to section 70108 of title 46, 

21 United States Code; 

22 (4) the capabilities and level of cooperation ex23 pected of the intended host country; 

24 (5) the potential for validation of security prac25 tices by the Department, directly or through cer-
29 

•S 2008 PCS

1 tified third parties within the country in which the 

2 foreign port is located; 

3 (6) the potential for amending trade agree4 ments to reflect participation in CSI; and 

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

6 cargo traveling from the foreign port. 

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

8 each year in which the Secretary proposes to designate 

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

10 report, in classified or unclassified form, detailing the as11 sessment of each foreign port the Secretary is considering 

12 designating under CSI, to— 

13 (1) the Committee on Homeland Security and 

14 Governmental Affairs of the Senate; 

15 (2) the Committee on Appropriations of the 

16 Senate; 

17 (3) the Committee on Homeland Security of the 

18 House of Representatives; and 

19 (4) the Committee on Appropriations of the 

20 House of Representatives. 

21 (d) CURRENT CSI PORTS.—The report under sub22 section (c) shall include an annual assessment justifying 

23 the continuance of each port designated under CSI as of 

24 the date of enactment of this Act. 
30 

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

2 shall not designate a foreign port under CSI unless the 

3 Secretary has completed the assessment required in sub4 section (b) for that port and submitted a report under sub5 section (c) that includes that port. 

6 (f) NEGOTIATIONS.—The Secretary of State, in con7 junction with the United States Trade Representative, 

8 shall enter into trade negotiations with the government of 

9 each foreign country with a port designated under CSI, 

10 as appropriate, to ensure full compliance with the require11 ments under CSI. 

12 (g) INSPECTIONS.— 

13 (1) REQUIREMENTS AND PROCEDURES.—The 

14 Secretary shall— 

15 (A) establish technical capability require16 ments and standard operating procedures for 

17 the use of nonintrusive inspection and radiation 

18 detection equipment in conjunction with CSI; 

19 (B) require each port designated under 

20 CSI to operate the equipment in accordance 

21 with the requirements and procedures estab22 lished under subparagraph (A); and 

23 (C) continually monitor the technologies, 

24 processes, and techniques used to inspect cargo 

25 at ports designated under CSI. 
31 

•S 2008 PCS

1 (2) FOREIGN ASSISTANCE.— 

2 (A) IN GENERAL.—The Secretary, in co3 ordination with the Secretary of State, the Sec4 retary of Energy, and other Federal agencies, 

5 shall identify foreign assistance programs that 

6 could facilitate the implementation of cargo se7 curity antiterrorism measures at ports des8 ignated under CSI and foreign ports not des9 ignated under CSI that lack effective 

10 antiterrorism measures. 

11 (B) ACQUISITION.—The Secretary may 

12 lease or loan nonintrusive inspection and radi13 ation detection equipment for containers to the 

14 government of a foreign country for use in 

15 ports participating in CSI. 

16 (C) TRAINING.—The Secretary may pro17 vide training on the use of equipment to foreign 

18 personnel at each port designated under CSI. 

19 (h) PERSONNEL.—The Secretary shall— 

20 (1) annually assess the personnel needs at each 

21 port designated under CSI; 

22 (2) deploy personnel in accordance with the as23 sessment under paragraph (1); and 

24 (3) consider the potential for remote targeting 

25 in decreasing the number of personnel. 
32 

•S 2008 PCS

1 SEC. 9. CUSTOMS-TRADE PARTNERSHIP AGAINST TER2 RORISM. 

3 (a) IN GENERAL.— 

4 (1) AUTHORIZATION.—The Secretary is author5 ized to establish a voluntary program (to be known 

6 as the ‘‘Customs-Trade Partnership Against Ter7 rorism’’ or ‘‘C–TPAT’’) to strengthen and improve 

8 the overall security of the international supply chain 

9 and United States border security. 

10 (2) CORRECTION OF DEFICIENCIES.—The Sec11 retary shall correct the deficiencies of the C–TPAT 

12 program that were identified in the Government Ac13 countability Office report entitled ‘‘CARGO SECU14 RITY: Partnership Program Grants Importers Re15 duced Scrutiny with Limited Assurance of Improved 

16 Security’’ (GAO–05–404). 

17 (3) MINIMUM REQUIREMENTS.—The Secretary 

18 shall promulgate regulations that describe the min19 imum requirements, program tiers, and program 

20 benefits of C–TPAT. 

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

22 land carriers, and other entities in the international supply 

23 chain and intermodal transportation system are eligible to 

24 apply to voluntarily enter into partnerships with the De25 partment. 
33 

•S 2008 PCS

1 (c) MINIMUM REQUIREMENTS.—An applicant seek2 ing to participate in C–TPAT shall— 

3 (1) demonstrate a history of moving commerce 

4 in the international supply chain; 

5 (2) conduct an assessment of its supply chains 

6 based upon security criteria established by the Sec7 retary, including— 

8 (A) business partner requirements; 

9 (B) container security; 

10 (C) physical security and access controls; 

11 (D) personnel security; 

12 (E) procedural security; 

13 (F) security training and threat awareness; 

14 and 

15 (G) information technology security; 

16 (3) implement and maintain security measures 

17 and supply chain security practices meeting security 

18 criteria; and 

19 (4) meet all other requirements established by 

20 the Secretary. 

21 (d) CERTIFICATION.— 

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

23 after the date of enactment of this Act, the Sec24 retary shall update guidelines for certifying a par-
34 

•S 2008 PCS

1 ticipant’s security measures and supply chain secu2 rity practices. 

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

4 offer limited benefits to C–TPAT participants whose 

5 security measures and supply chain security prac6 tices have been certified in accordance with the 

7 guidelines established pursuant to paragraph (1). 

8 Such benefits may not include reduced scores in the 

9 Automated Targeting System. 

10 (e) VALIDATION.— 

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

12 a participant has been certified under subsection 

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

14 through certified third parties, the security measures 

15 and supply chain security practices of that partici16 pant. Such validation shall include a visit to foreign 

17 locations utilized by the C–TPAT participant as part 

18 of the supply chain. 

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

20 after the date of enactment of this Act, the Sec21 retary shall update guidelines for validating a par22 ticipant’s security measures and supply chain secu23 rity practices. 

24 (3) CONSEQUENCES FOR FAILED VALIDA25 TION.—If a C–TPAT participant’s security meas-
35 

•S 2008 PCS

1 ures and supply chain security practices fail to meet 

2 validation requirements— 

3 (A) the participant may not receive the 

4 benefits of validation; and 

5 (B) the Commissioner of the Bureau of 

6 Customs and Border Protection may deny the 

7 participant all benefits under C–TPAT. 

8 (4) RIGHT OF APPEAL.—A C–TPAT partici9 pant described under paragraph (3) may— 

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

11 Commissioner’s decision under paragraph 

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

13 (B) request revalidation. 

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

15 extend benefits to each participant who has been 

16 validated under this subsection, which may include— 

17 (A) reduced searches; 

18 (B) priority processing for searches; and 

19 (C) reduced scores in the Automated Tar20 geting System. 

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

22 process for revalidating C–TPAT participants. Such re23 validation shall occur not less frequently than once during 

24 every 3-year period following validation. 
36 

•S 2008 PCS

1 SEC. 10. GREENLANE DESIGNATION. 

2 (a) ESTABLISHMENT.—The Secretary shall establish 

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

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

5 C–TPAT participants that demonstrate a sustained com6 mitment beyond the minimum requirements for participa7 tion in C–TPAT. 

8 (b) BASIC REQUIREMENTS.—Designated GreenLane 

9 participants shall ensure that— 

10 (1) entry data is submitted on shipments before 

11 loading; 

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

13 CSI, or other foreign port as determined by the Sec14 retary, for transit to the United States; 

15 (3) cargo is loaded on a vessel with a vessel se16 curity plan approved or accepted under section 

17 70103(c) of title 46, United States Code; 

18 (4) cargo is made available for screening and 

19 examination before loading using technologies, proc20 esses or techniques, as determined by the Secretary; 

21 (5) the supply chain visibility procedures estab22 lished by the Secretary are utilized; 

23 (6) container security devices meeting the 

24 standards and procedures established by the Sec25 retary are utilized; 
37 

•S 2008 PCS

1 (7) cargo complies with additional security cri2 teria established by the Secretary beyond the min3 imum requirements for C–TPAT participation under 

4 section 9(c), particularly in the area of access con5 trols; and 

6 (8) cargo complies with any other requirements 

7 determined by the Secretary. 

8 (c) CONTAINERS TRANSHIPPED THROUGH CANADA

9 OR MEXICO UNDER GREENLANE.—Containers entering 

10 the United States under GreenLane at a land border port 

11 of entry shall undergo the equivalent, appropriate level of 

12 inspection and screening for potential compromise by ter13 rorists or terrorist weapons as containers arriving at a 

14 United States port of entry from a foreign port. 

15 (d) CONSEQUENCES FOR LACK OF COMPLIANCE.— 

16 (1) IN GENERAL.—Any participant whose secu17 rity measures and supply chain security practices 

18 have been found by the Secretary to be out of com19 pliance with any requirements of the GreenLane 

20 program shall be denied all benefits under 

21 GreenLane. 

22 (2) RIGHT OF APPEAL.—GreenLane partici23 pants under paragraph (1) shall have the right to 

24 appeal denial of benefits decisions to the Secretary 

25 and request redesignation under GreenLane. 
38 

•S 2008 PCS

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

2 may consider the potential for participation in the 

3 GreenLane Program by importers of non-containerized 

4 cargoes that otherwise meet the requirements under this 

5 section. 

6 (f) OVERSEAS SCREENING AND EXAMINATIONS.— 

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

8 this Act, the Secretary shall submit a strategy for screen9 ing and examining GreenLane containers overseas before 

10 they are loaded on to vessels destined for the United 

11 States to— 

12 (1) the Committee on Homeland Security and 

13 Governmental Affairs of the Senate; 

14 (2) the Committee on Appropriations of the 

15 Senate; 

16 (3) the Committee on Homeland Security of the 

17 House of Representatives; and 

18 (4) the Committee on Appropriations of the 

19 House of Representatives. 

20 (g) RULEMAKING.— 

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

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

23 consultation with private sector stakeholders, shall 

24 promulgate regulations that establish— 
39 

•S 2008 PCS

1 (A) requirements for supply chain visibility 

2 procedures; 

3 (B) performance standards for container 

4 security devices and protocols for their use; 

5 (C) procedures for overseas screening and 

6 examination of GreenLane containers; and 

7 (D) any other GreenLane Program re8 quirements that the Secretary considers appro9 priate, including requirements building upon se10 curity measures and supply chain security best 

11 practices contained in the C–TPAT minimum 

12 requirements set forth in section 9(c). 

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

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

15 consultation with the Commercial Operations Advi16 sory Committee, shall promulgate regulations pro17 viding benefits for participation in the GreenLane 

18 Program, which may include— 

19 (A) the expedited release of GreenLane 

20 cargo into destination ports within the United 

21 States during all threat levels designated by the 

22 Secretary or the Commandant of the Coast 

23 Guard; 

24 (B) reduced or eliminated bonding require25 ments for GreenLane cargo; 
40 

•S 2008 PCS

1 (C) preference to vessels (as described in 

2 section 4(e)(B)); 

3 (D) further reduced searches; 

4 (E) priority processing for searches; 

5 (F) further reduced scores in the Auto6 mated Targeting System; and 

7 (G) streamlined billing of any customs du8 ties or fees. 

9 SEC. 11. JOINT OPERATIONS CENTER. 

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

11 the date of enactment of this Act, the Secretary shall es12 tablish joint operation centers for maritime and cargo se13 curity to— 

14 (1) enhance information sharing; 

15 (2) facilitate day-to-day operational coordina16 tion; and 

17 (3) in the case of a transportation security inci18 dent, facilitate incident management and response. 

19 (b) ORGANIZATION.—At a minimum, a joint oper20 ations center shall be colocated with the command center 

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

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

23 Secretary shall consider virtual connectivity to maintain 

24 awareness of activities of that port and to provide other 

25 agency participation in accordance with subsection (c). 
41 

•S 2008 PCS

1 (c) PARTICIPATION.—The following entities shall par2 ticipate in each joint operations center for maritime and 

3 cargo security: 

4 (1) The United States Coast Guard. 

5 (2) The Bureau of Customs and Border Protec6 tion. 

7 (3) The Bureau of Immigration and Customs 

8 Enforcement. 

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

10 (5) The Federal Bureau of Investigation. 

11 (6) Other Federal agencies with a presence at 

12 a particular port, as appropriate, or as otherwise se13 lected by the Secretary. 

14 (7) State, local, and international law enforce15 ment and first responder agencies responsible for the 

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

17 Secretary. 

18 (8) Port authority representatives, maritime ex19 changes, private sector stakeholders, and other enti20 ties subject to an Area Maritime Security Plan, as 

21 selected by the Secretary. 

22 (d) RESPONSIBILITIES.—Each joint operations cen23 ter for maritime and cargo security shall— 

24 (1) assist, as appropriate, in the implementa25 tion of maritime transportation security plans devel-
42 

•S 2008 PCS

1 oped under section 70103 of title 46, United States 

2 Code; 

3 (2) implement the transportation security inci4 dent response plans required under section 70104 of 

5 such title; 

6 (3) carry out information sharing activities con7 sistent with those required under section 1016 of the 

8 National Security Intelligence Reform Act of 2004 

9 (6 U.S.C. 485) and the Homeland Security Informa10 tion Sharing Act (6 U.S.C. 481 et seq.); 

11 (4) conduct short- and long-range vessel track12 ing under sections 70114 and 70115 of such title 

13 46, United States Code; and 

14 (5) carry out such other responsibilities as de15 termined by the Secretary. 

16 (e) SECURITY CLEARANCES.—The Secretary shall 

17 sponsor and expedite individuals participating in the joint 

18 operations centers in gaining or maintaining their security 

19 clearances. Through the Captain of the Port, the Sec20 retary may identify key individuals who should participate. 

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

22 Captain of the Port for sponsorship. 

23 (f) SECURITY INCIDENTS.—During a transportation 

24 security incident involving the port, the Coast Guard Cap25 tain of the Port designated by the Commandant of the 
43 

•S 2008 PCS

1 Coast Guard in each joint operations center for maritime 

2 security shall act as the incident commander, unless other3 wise directed under the National Response Plan. 

4 (g) IMPLEMENTATION.— 

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

6 after the date of enactment of this Act, the Sec7 retary shall submit an implementation plan for this 

8 section to— 

9 (A) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; 

11 (B) the Committee on Appropriations of 

12 the Senate; 

13 (C) the Committee on Homeland Security 

14 of the House of Representatives; and 

15 (D) the Committee on Appropriations of 

16 the House of Representatives. 

17 (2) CONTENTS.—The report submitted under 

18 paragraph (1) shall describe, for each joint oper19 ations center— 

20 (A) the location; 

21 (B) the specific participating entities; 

22 (C) the implementation costs; and 

23 (D) the necessary resources for operation 

24 and maintenance, including the cost-sharing re25 quirements for other agencies and participants. 
44 

•S 2008 PCS

1 SEC. 12. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION. 

3 (a) IN GENERAL.—The Secretary shall— 

4 (1) direct research, development, test, and eval5 uation efforts in furtherance of maritime and cargo 

6 security; 

7 (2) encourage the ingenuity of the private sec8 tor in developing and testing technologies and proc9 ess innovations in furtherance of these objectives; 

10 and 

11 (3) evaluate such technologies. 

12 (b) COORDINATION.—The Secretary, acting through 

13 the Undersecretary for Science and Technology, in con14 sultation with the Assistant Secretary for Policy, the Di15 rector of Cargo Security Policy, and the Chief Financial 

16 Officer, shall ensure that— 

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

18 efforts funded by the Department in furtherance of 

19 maritime and cargo security are coordinated to avoid 

20 duplication of efforts; and 

21 (2) the results of such efforts are shared 

22 throughout the Department, as appropriate. 

23 (c) OPERATION SAFE COMMERCE.— 

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

25 the date of enactment of this Act, the Secretary 
45 

•S 2008 PCS

1 shall initiate grant projects, as part of Operation 

2 Safe Commerce, that— 

3 (A) integrate nonintrusive inspection and 

4 radiation detection equipment with automatic 

5 identification methods for containers, vessels, 

6 and vehicles; 

7 (B) test physical access control protocols 

8 and technologies; 

9 (C) create a data sharing network capable 

10 of transmitting data required by entities par11 ticipating in the international supply chain from 

12 every intermodal transfer point to the National 

13 Targeting Center of the Department; and 

14 (D) otherwise further maritime and cargo 

15 security, as determined by the Secretary. 

16 (2) SUPPLY CHAIN SECURITY FOR SPECIAL

17 CONTAINER AND NONCONTAINERIZED CARGO.—The 

18 Secretary shall consider demonstration projects that 

19 further the security of the international supply chain 

20 for special container cargo, including refrigerated 

21 containers, and noncontainerized cargo, including 

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

23 cargo. 
46 

•S 2008 PCS

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

2 of each year, the Secretary shall submit a report de3 tailing the results of Operation Safe Commerce to— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; 

6 (B) the Committee on Homeland Security 

7 of the House of Representatives; 

8 (C) the Committee on Appropriations of 

9 the Senate; and 

10 (D) the Committee on Appropriations of 

11 the House of Representatives. 

12 (d) GREENLANE TECHNOLOGY.—The Secretary 

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

14 (1) review the technology requirements and 

15 standards established under section 10; and 

16 (2) test future supply chain visibility proce17 dures, container security devices, and other systems 

18 as they become commercially available to track and 

19 secure containers and the smallest exterior pack20 aging units loaded into containers. 

21 SEC. 13. PORT SECURITY GRANT PROGRAM. 

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

23 through the Office for Domestic Preparedness, shall estab24 lish a grant program to fairly and equitably allocate Fed25 eral financial assistance— 
47 

•S 2008 PCS

1 (1) to help implement Area Maritime Transpor2 tation Security plans required under section 

3 70103(b) of title 46, United States Code; 

4 (2) to correct port security vulnerabilities iden5 tified through vulnerability assessments approved by 

6 the Secretary; or 

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

8 overall security of an individual port or the system 

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

10 Secretary. 

11 (b) GRANTEE SELECTION.—In awarding grants 

12 under this Act, the Secretary shall— 

13 (1) take into account national economic and 

14 strategic defense considerations of individual ports; 

15 (2) strongly encourage efforts to promote— 

16 (A) integration of port-wide security, in17 cluding supply chain initiatives; 

18 (B) information and intelligence sharing; 

19 and 

20 (C) joint efforts, such as joint operations 

21 centers, among all port stakeholders; and 

22 (3) consider funding major projects in phases 

23 over multiple years. 

24 (c) MULTIPLE PHASE PROJECTS.— 
48 

•S 2008 PCS

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

2 percent of the total grant funds awarded under this 

3 section in any fiscal year may be awarded for 

4 projects that span multiple years. 

5 (2) PRIORITY.—In determining grant recipients 

6 under this section, the Secretary may give preference 

7 to continuing to fund multiyear projects that have 

8 previously received funding under this section. 

9 (d) USE OF FUNDS.—Grants awarded under this sec10 tion may be used— 

11 (1) to help implement Area Maritime Transpor12 tation Security Plans required under section 

13 70103(b) of title 46, United States Code; 

14 (2) to correct port security vulnerabilities iden15 tified through vulnerability assessments approved by 

16 the Secretary; 

17 (3) for the salaries, benefits, overtime com18 pensation, and other costs of additional security per19 sonnel for State and local agencies for activities re20 quired by the Area Maritime Security Plan for a 

21 port area if— 

22 (A) the Secretary increases the threat level 

23 under the Homeland Security Advisory System 

24 to Code Orange or Code Red; 
49 

•S 2008 PCS

1 (B) the Commandant of the Coast Guard 

2 raises the Maritime Security level to MARSEC 

3 Level 2 or 3; or 

4 (C) the Secretary otherwise authorizes 

5 such costs; 

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

7 maintenance of equipment that contributes to the 

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

9 Area Maritime Security Plan if the need is based 

10 upon vulnerability assessments approved by the Sec11 retary or identified in the Area Maritime Security 

12 Plan; 

13 (5) to develop joint operations centers, as de14 scribed under section 10, that bring together Fed15 eral, State, and local officials and stakeholders into 

16 a common operation center that is focused on area 

17 maritime and cargo security; 

18 (6) to conduct vulnerability assessments ap19 proved by the Secretary; and 

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

21 emergency preparedness of Federal, State, and local 

22 officials responsible for port security, including law 

23 enforcement personnel and firefighters and other 

24 first responders, in support of the Area Maritime 

25 Security Plan. 
50 

•S 2008 PCS

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

2 section may not be used to— 

3 (1) construct buildings or other physical facili4 ties, except those otherwise authorized under section 

5 611 of the Robert T. Stafford Disaster Relief and 

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

7 including those facilities in support of subsection 

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

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

10 approved by the Secretary in support of subsection 

11 (d)(5). 

12 (f) MATCHING REQUIREMENTS.—Except as provided 

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

14 under this section shall be determined by the Secretary. 

15 (g) APPLICATION.— 

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

17 Area Maritime Transportation Security Plan may 

18 submit an application for a grant under this section, 

19 at such time, in such form, and containing such in20 formation and assurances as the Secretary, working 

21 through the Office for Domestic Preparedness, may 

22 require. 

23 (2) MINIMUM STANDARDS FOR PAYMENT OR

24 REIMBURSEMENT.—Each application submitted 

25 under paragraph (1) shall include— 
51 

•S 2008 PCS

1 (A) a comprehensive description of— 

2 (i) the need for the project; 

3 (ii) the methodology for coordinating 

4 the project into the security of the greater 

5 port area, as identified in the Area Mari6 time Security Plan; 

7 (iii) any existing cooperation agree8 ments with other port facilities, vessels, or 

9 organizations that benefit security of the 

10 entire port; and 

11 (iv) the applicability of the project to 

12 the Area Maritime Transportation Security 

13 Plan; and 

14 (B) a determination by the Captain of the 

15 Port that the security project— 

16 (i) addresses or corrects port security 

17 vulnerabilities identified by the Coast 

18 Guard, or through port security vulner19 ability assessments approved by the Sec20 retary; and 

21 (ii) helps to ensure compliance with 

22 the Area Maritime Transportation Security 

23 Plan. 

24 (3) PROCEDURAL SAFEGUARDS.—The Sec25 retary, in consultation with the Office of the Inspec-
52 

•S 2008 PCS

1 tor General, shall issue guidelines to establish appro2 priate accounting, reporting, and review procedures 

3 to ensure that— 

4 (A) grant funds are used for the purposes 

5 for which they were made available; 

6 (B) grantees have properly accounted for 

7 all expenditures of grant funds; and 

8 (C) grant funds not used for such purposes 

9 and amounts not obligated or expended are re10 turned. 

11 (4) PROJECT APPROVAL REQUIRED.—The Sec12 retary may not award a grant under this section un13 less the Secretary determines that— 

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

15 grant funding— 

16 (i) is consistent with vulnerability as17 sessments approved by the Secretary; 

18 (ii) supports cooperation or integra19 tion of Federal, State, local, and industry 

20 stakeholders in the port area; and 

21 (iii) helps to implement the Area Mar22 itime Transportation Security Plan; 

23 (B) sufficient funding is available to meet 

24 the matching requirement described under sub25 section (d); 
53 

•S 2008 PCS

1 (C) the project will be completed without 

2 unreasonable delay; and 

3 (D) the recipient has authority to carry 

4 out the proposed project. 

5 (h) COORDINATION AND COOPERATION.—The Sec6 retary— 

7 (1) shall ensure that all projects that receive 

8 grant funding under this section within any area de9 fined in an Area Maritime Transportation Security 

10 Plan are coordinated with other projects in such 

11 area; and 

12 (2) may require cooperative agreements among 

13 users of the port and port facilities with respect to 

14 projects funded under this section. 

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

16 this section shall maintain such records as the Secretary 

17 may require and make such records available for review 

18 and audit by the Secretary, the Comptroller General of 

19 the United States, or the Inspector General of the Depart20 ment. 

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

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

23 until October 1, 2013, the Secretary shall submit an un24 classified report describing regarding the progress made 
54 

•S 2008 PCS

1 in meeting the objectives of the port security grant pro2 gram established under this section to— 

3 (1) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate; 

5 (2) the Committee on Homeland Security of the 

6 House of Representatives; 

7 (3) the Committee on Appropriations of the 

8 Senate; and 

9 (4) the Committee on Appropriations of the 

10 House of Representatives. 

11 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IMPROVEMENTS TO AUTOMATED TARGETING

13 SYSTEM.—There are authorized to be appropriated 

14 $5,000,000 for each of the fiscal years 2007 through 2012 

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

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

17 are authorized to be appropriated for each of the fiscal 

18 years 2007 through 2012— 

19 (1) $4,000,000 to carry out the amendment 

20 made by section 5(a); and 

21 (2) $1,000,000 to carry out the provisions of 

22 section 5(b). 

23 (c) CONTAINER SECURITY INITIATIVE.—There are 

24 authorized to be appropriated $175,000,000 for each of 
55 

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1 the fiscal years 2007 through 2012 to carry out the provi2 sions of section 8. 

3 (d) CUSTOMS-TRADE PARTNERSHIP AGAINST TER4 RORISM.—There are authorized to be appropriated 

5 $75,000,000 for each of the fiscal years 2007 through 

6 2012 to carry out the provisions of section 9. 

7 (e) GREENLANE DESIGNATION.—There are author8 ized to be appropriated $50,000,000 for each of the fiscal 

9 years 2007 through 2012 to carry out the provisions of 

10 section 10. 

11 (f) INCIDENT RESPONSE.— 

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

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

14 years 2007 through 2012 to carry out the provisions 

15 of section 11. 

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

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

18 Secretary shall submit a budget analysis for imple19 menting the provisions of section 11, including addi20 tional cost-sharing arrangements with other Federal 

21 departments and other participants involved in the 

22 joint operation centers, to— 

23 (A) the Committee on Homeland Security 

24 and Governmental Affairs of the Senate; 
56 

•S 2008 PCS

1 (B) the Committee on Appropriations of 

2 the Senate; 

3 (C) the Committee on Homeland Security 

4 of the House of Representatives; and 

5 (D) the Committee on Appropriations of 

6 the House of Representatives. 

7 (g) OPERATION SAFE COMMERCE.—There are au8 thorized to be appropriated $25,000,000 for each of fiscal 

9 years 2007 through 2012 to carry out the provisions of 

10 section 12(c). 

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

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

13 fiscal years 2007 through 2012 to carry out the grant pro14 gram established under section 13. 

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

16 appropriated such sums as may be necessary for each of 

17 fiscal years 2007 through 2012 to carry out the provisions 

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

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

20 appropriated under this section shall originate from duties 

21 collected by the Bureau of Customs and Border Protec22 tion. 

Calendar No. 292 

109TH CONGRESS 

1ST SESSION S. 2008 

A BILL 

To improve cargo security, and for other purposes. 

NOVEMBER 16, 2005 

Read the second time and placed on the calendar