IB 

Union Calendar No. 250 

109TH CONGRESS 

2D SESSION H. R. 4954 

[Report No. 109–447] 

To improve maritime and cargo security through enhanced layered defenses, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2006 

Mr. DANIEL E. LUNGREN of California (for himself, Ms. HARMAN, Mr. 

PEARCE, Mr. THOMPSON of Mississippi, Mr. BOEHLERT, Ms. LORETTA

SANCHEZ of California, Mr. MCCAUL of Texas, Mr. DICKS, Mr. SOUDER, 

Mr. HOYER, Ms. HARRIS, Mr. DEFAZIO, Mr. JINDAL, Ms. JACKSON-LEE

of Texas, Mr. SHAYS, Mr. LANGEVIN, Mr. DENT, Ms. NORTON, Mr. SIMMONS, Mr. ETHERIDGE, Ms. GINNY BROWN-WAITE of Florida, Mr. 

BROWN of South Carolina, Mr. MEEK of Florida, Mrs. BONO, Mr. 

LARSEN of Washington, Mr. FERGUSON, Mr. RUPPERSBERGER, Mr. GIBBONS, Mr. SMITH of Washington, Mr. PALLONE, Mr. CARDOZA, Mrs. 

MALONEY, Mrs. NAPOLITANO, Mr. BROWN of Ohio, Mr. SCHIFF, Mr. 

BERRY, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. LEE, Ms. KILPATRICK of Michigan, Mr. FORD, Mr. PRICE of North Carolina, Mr. 

MCDERMOTT, Ms. ROYBAL-ALLARD, Mr. BRADY of Pennsylvania, Mr. 

BISHOP of Georgia, and Mr. WU) introduced the following bill; which was 

referred to the Committee on Homeland Security 

APRIL 28, 2006 

Reported with an amendment and referred to the Committee on Transportation and Infrastructure for a period ending not later than May 1, 2006, 

for consideration of such provisions of the bill and amendment as fall 

within the jurisdiction of that committee pursuant to clause 1(r), rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 1, 2006 

Additional sponsors: Mr. LINDER, Mr. FOLEY, Mrs. JO ANN DAVIS of Virginia, Mr. PLATTS, Mr. BACHUS, Mr. WELDON of Pennsylvania, Mrs. 

MYRICK, Mr. KLINE, Mr. CUMMINGS, Ms. BERKLEY, Mr. WEINER, Mr. 

MCNULTY, Ms. WASSERMAN SCHULTZ, Mr. SCOTT of Virginia, Mr. 


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CASE, Mrs. TAUSCHER, Mr. BAIRD, Mr. SWEENEY, Mr. GEORGE MILLER

of California, Mr. INSLEE, Mrs. CHRISTENSEN, Mr. BISHOP of New 

York, Mr. CROWLEY, Mr. AL GREEN of Texas, Mr. SMITH of New Jersey, Ms. WATSON, Mr. REICHERT, Mr. FOSSELLA, Mrs. DAVIS of California, Mr. ROTHMAN, Mr. TOM DAVIS of Virginia, Mr. KING of New 

York, Mr. SMITH of Texas, Mr. MOORE of Kansas, and Mr. COSTA

MAY 1, 2006 

Committee on Transportation and Infrastructure discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 

[For text of introduced bill, see copy of bill as introduced on March 14, 2006] 

A BILL 

To improve maritime and cargo security through enhanced 

layered defenses, 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 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Se5 curity and Accountability For Every Port Act’’ or ‘‘SAFE 

6 Port Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—SECURITY OF UNITED STATES SEAPORTS 

Subtitle A—General Provisions 

Sec. 101. Definition of transportation security incident. 

Sec. 102. Protocols for resumption of trade. 

Sec. 103. Requirements relating to maritime facility security plans. 

Sec. 104. Unannounced inspections of maritime facilities. 

Sec. 105. Verification of individuals with access to secure areas of seaports. 


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Sec. 106. Clarification on eligibility for transportation security cards. 

Sec. 107. Long-range vessel tracking. 

Sec. 108. Maritime security command centers. 

Subtitle B—Grant and Training Programs 

Sec. 111. Port security grant program. 

Sec. 112. Port security training program. 

Sec. 113. Port security exercise program. 

Sec. 114. Reserve officers and junior reserve officers training pilot project. 

Subtitle C—Miscellaneous Provisions 

Sec. 121. Increase in port of entry inspection officers. 

Sec. 122. Acceleration of Integrated Deepwater System. 

Sec. 123. Border Patrol unit for United States Virgin Islands. 

Sec. 124. Report on ownership and operation of United States seaports. 

Sec. 125. Report on security operations at certain United States seaports. 

Sec. 126. Report on arrival and departure manifests for certain commercial vessels in the United States Virgin Islands. 

TITLE II—SECURITY OF THE INTERNATIONAL SUPPLY CHAIN 

Sec. 201. Security of the international supply chain. 

Sec. 202. Next generation supply chain security technologies. 

Sec. 203. Uniform data system for import and export information. 

Sec. 204. Foreign port assessments. 

Sec. 205. Pilot program to improve the security of empty containers. 

Sec. 206. Study and report on advanced imagery pilot programs. 

TITLE III—DIRECTORATE FOR POLICY, PLANNING, AND 

INTERNATIONAL AFFAIRS 

Sec. 301. Establishment of Directorate. 

TITLE IV—OFFICE OF DOMESTIC NUCLEAR DETECTION 

Sec. 401. Establishment of Office. 

Sec. 402. Nuclear and radiological detection systems. 

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 (2) In 2004, maritime vessels carried approxi7 mately 9,700,000 shipping containers into United 


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1 States seaports at an average of 27,000 containers per 

2 day. 

3 (3) The security of the international container 

4 supply chain and the maritime transportation system 

5 is critical for the prosperity and liberty of all coun6 tries. 

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

8 on Terrorist Attacks Upon the United States noted, 

9 ‘‘While commercial aviation remains a possible tar10 get, terrorists may turn their attention to other modes 

11 of transportation. Opportunities to do harm are as 

12 great, or greater in maritime or surface transpor13 tation.’’. 

14 (5) In May 2002, the Brookings Institution esti15 mated that costs associated with United States port 

16 closures from a detonated terrorist weapon could add 

17 up to $1 trillion from the resulting economic slump 

18 and changes in our Nation’s inability to trade. An19 ticipated port closures on the west coast of the United 

20 States could cost the United States economy $1 billion 

21 per day for the first five days after a terrorist attack. 

22 (6) Significant steps have been taken since the 

23 terrorist attacks against the United States that oc24 curred on September 11, 2001: 


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1 (A) Congress passed the Maritime Trans2 portation Security Act of 2002 on November 14, 

3 2002. 

4 (B) The Coast Guard issued a comprehen5 sive set of port security regulations on October 

6 22, 2003. 

7 (C) The International Maritime Organiza8 tion adopted the International Ship and Port 

9 Facility (ISPS) Code in December 2002. 

10 (D) The White House issued Homeland Se11 curity Presidential Directive-13 in September 

12 2005 which lays out requirements for a com13 prehensive maritime security policy. 

14 (7) Through both public and private projects, the 

15 private sector in the United States and overseas has 

16 worked with the Department of Homeland Security to 

17 improve the security of the movement of cargo through 

18 the international supply chain. 

19 (8) Despite these steps, security gaps in the mar20 itime transportation system remain, resulting in 

21 high-risk container systems not being checked overseas 

22 or domestically and ports that are vulnerable to ter23 rorist attacks similar to the attack on the U.S.S. Cole. 

24 (9) Significant enhancements can be achieved by 

25 applying a multi-layered approach to supply chain 


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1 security, in a coordinated fashion. Current supply 

2 chain programs within the Federal Government have 

3 been independently operated, often falling short of 

4 gains which could have been made if such programs 

5 were operated in a coordinated manner with clear 

6 system standards and a framework that creates incen7 tives for security investments. 

8 (10) While it is impossible to completely remove 

9 the risk of a terrorist attack, security measures in the 

10 supply chain can add certainty and stability to the 

11 global economy, raise investor confidence, and facili12 tate trade. Some counterterrorism costs are integral to 

13 the price that must be paid to protect society. How14 ever, counterterrorism measures also present an op15 portunity to increase the efficiency of the global trade 

16 system through international harmonization of such 

17 measures. These efficiency gains are maximized when 

18 all countries adopt such counterterrorism measures. 

19 (11) Increasing transparency in the supply 

20 chain will assist in mitigating the impact of a ter21 rorist attack by allowing for a targeted shutdown of 

22 the international supply chain and expedited restora23 tion of commercial traffic. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional commit3 tees’’ has the meaning given the term in section 2(2) 

4 of the Homeland Security Act of 2002 (6 U.S.C. 

5 101(2)). 

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

7 means the Department of Homeland Security. 

8 (3) INTERNATIONAL SUPPLY CHAIN.—The term 

9 ‘‘international supply chain’’ means the end-to-end 

10 process for shipping goods from a point of origin 

11 overseas to and from the United States. 

12 (4) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 TITLE I—SECURITY OF UNITED 

15 STATES SEAPORTS 

16 Subtitle A—General Provisions 

17 SEC. 101. DEFINITION OF TRANSPORTATION SECURITY IN18 CIDENT. 

19 Section 70101(6) of title 46, United States Code, is 

20 amended by inserting after ‘‘economic disruption’’ the fol21 lowing ‘‘(other than economic disruption caused by acts 

22 that are unrelated to terrorism and are committed during 

23 a labor strike, demonstration, or other type of labor un24 rest)’’. 


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1 SEC. 102. PROTOCOLS FOR RESUMPTION OF TRADE. 

2 (a) IN GENERAL.—Section 70103(a)(2)(J) of title 46, 

3 United States Code, is amended— 

4 (1) by striking ‘‘(J)’’ and inserting ‘‘(J)(i)’’; and 

5 (2) by adding at the end the following new 

6 clause: 

7 ‘‘(ii) The plan required by clause (i) shall in8 clude protocols for the resumption of trade in the 

9 event of a transportation security incident that neces10 sitates the suspension of trade through contingency 

11 and continuity planning that ensures trade lanes are 

12 restored as quickly as possible. The protocols shall 

13 provide for— 

14 ‘‘(I) coordination with appropriate Federal, 

15 State, and local agencies, the private sector, and 

16 appropriate overseas entities in developing such 

17 contingency and continuity planning; 

18 ‘‘(II) coordination with appropriate Fed19 eral, State, and local agencies and the private 

20 sector on law enforcement actions, inter-modal 

21 rerouting plans, and identification and 

22 prioritization of goods that may enter the United 

23 States; and 

24 ‘‘(III) designation of appropriate Federal 

25 officials to work with port authorities to reestab26 lish the flow of cargo by prioritizing shipments 


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1 based on appropriate factors, including factors 

2 relating to public health, national security, and 

3 economic need.’’. 

4 (b) EFFECTIVE DATE.—The Secretary of Homeland 

5 Security shall develop the protocols described in section 

6 70103(a)(2)(J)(ii) of title 46, United States Code, as added 

7 by subsection (a), not later than 180 days after the date 

8 of the enactment of this Act. 

9 SEC. 103. REQUIREMENTS RELATING TO MARITIME FACIL10 ITY SECURITY PLANS. 

11 (a) FACILITY SECURITY PLANS.—The Secretary of 

12 Homeland Security shall require that a security plan for 

13 a facility required under section 70103(c) of title 46, United 

14 States Code, shall be resubmitted for approval upon transfer 

15 of ownership or operation of such facility. 

16 (b) FACILITY SECURITY OFFICERS.— 

17 (1) IN GENERAL.—The Secretary shall require 

18 that the qualified individual having full authority to 

19 implement security actions who is required to be 

20 identified under section 70103(c)(3)(B) of title 46, 

21 United States Code, for a facility described in section 

22 70103(c)(2) of that title shall be a citizen of the 

23 United States. 

24 (2) WAIVER.—The Secretary may waive the re25 quirement of paragraph (1) with respect to an indiVerDate Aug 31 2005 22:29 May 01, 2006 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H4954.RH H4954

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1 vidual if the Secretary determines that it is appro2 priate to do so based on a complete background check 

3 of the individual and a review of all terrorist 

4 watchlists to ensure that the individual is not identi5 fied on any such terrorist watchlist. 

6 (c) FACILITY SECURITY ACCESS.—Section 

7 70103(c)(3)(C)(ii) of title 46, United States Code, is amend8 ed by adding at the end before the semicolon the following: 

9 ‘‘, including access by individuals engaged in the surface 

10 transportation of intermodal containers in or out of a port 

11 facility’’. 

12 SEC. 104. UNANNOUNCED INSPECTIONS OF MARITIME FA13 CILITIES. 

14 Subparagraph (D) of section 70103(c)(4) of title 46, 

15 United States Code, is amended to read as follows: 

16 ‘‘(D) verify the effectiveness of each such facility 

17 security plan periodically, but not less than twice an18 nually, at least one of which shall be an inspection 

19 of the facility that is conducted without notice to the 

20 facility.’’. 

21 SEC. 105. VERIFICATION OF INDIVIDUALS WITH ACCESS TO 

22 SECURE AREAS OF SEAPORTS. 

23 (a) IMPLEMENTATION OF REQUIREMENTS.—Notwith24 standing any other provision of law, the Secretary of Home25 land Security shall— 


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1 (1) not later than July 15, 2006, issue a notice 

2 of proposed rulemaking for regulations required to 

3 implement section 70105 of title 46, United States 

4 Code; 

5 (2) not later than November 15, 2006, issue final 

6 regulations required to implement that section; and 

7 (3) begin issuing transportation security cards to 

8 individuals at seaports facilities under subsection (b) 

9 of that section in accordance with the schedule con10 tained in subsection (b)(2) of this section. 

11 (b) TRANSPORTATION SECURITY CARDS.— 

12 (1) MANAGEMENT.—Final regulations issued 

13 under subsection (a)(2) shall provide for Federal 

14 management of the system for issuing transportation 

15 security cards. 

16 (2) SCHEDULE FOR ISSUING TRANSPORTATION

17 SECURITY CARDS AT SEAPORTS.— 

18 (A) Not later than May 15, 2007, the Sec19 retary shall begin issuing transportation security 

20 cards to individuals at the first 25 seaport facili21 ties listed on the facility vulnerability assessment 

22 issued by the Secretary under section 70102 of 

23 title 46, United States Code. 

24 (B) Not later than November 15, 2007, the 

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1 curity cards to individuals at the next 30 sea2 port facilities listed on that assessment. 

3 (C) Not later than November 15, 2008, the 

4 Secretary shall issue transportation security 

5 cards to individuals at all other seaport facili6 ties. 

7 (c) INTERIM VERIFICATION OF INDIVIDUALS.— 

8 (1) TERRORIST WATCH LIST COMPARISON AND

9 IMMIGRATION RECORDS CHECK.—Not later than 90 

10 days after the date of enactment of this Act, the Sec11 retary shall— 

12 (A) complete a comparison of each indi13 vidual who has unescorted access to a secure area 

14 of a seaport facility (as designated in an ap15 proved facility security plan in accordance with 

16 section 70103(c) of title 46, United States Code) 

17 against terrorist watch lists to determine if the 

18 individual poses a threat; and 

19 (B) determine whether each such individual 

20 may be denied admission to the United States, 

21 or removed from the United States, under the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1101 et seq.). 

24 (2) CONTINUING REQUIREMENT.—In the case of 

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1 cure area of a seaport facility after the date on which 

2 the Secretary completes the requirements of para3 graph (1) and before the date on which the Secretary 

4 begins issuing transportation security cards at the 

5 seaport facility, the Secretary shall conduct a com6 parison of the individual against terrorist watch lists 

7 and determine whether the individual is lawfully 

8 present in the United States. 

9 (3) INTERIM FINAL REGULATIONS.—In order to 

10 carry out this subsection, the Secretary shall issue in11 terim final regulations to require submission to the 

12 Secretary of information necessary to carry out the 

13 requirements of paragraph (1). 

14 (4) PRIVACY REQUIREMENTS.—Terrorist watch 

15 list comparisons and immigration records checks 

16 under this subsection shall be carried out in accord17 ance with the requirements of section 552a of title 5, 

18 United States Code. 

19 (5) RESTRICTIONS ON USE AND MAINTENANCE OF

20 INFORMATION.— 

21 (A) RESTRICTION ON DISCLOSURE.—Infor22 mation obtained by the Secretary in the course 

23 of comparing the individual against terrorist 

24 watch lists under this subsection may not be 


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1 made available to the public, including the indi2 vidual’s employer. 

3 (B) CONFIDENTIALITY; USE.—Any informa4 tion constituting grounds for prohibiting the em5 ployment of an individual in a position de6 scribed in paragraph (1)(A) shall be maintained 

7 confidentially by the Secretary and may be used 

8 only for making determinations under this sec9 tion. The Secretary may share any such infor10 mation with appropriate Federal, State, local, 

11 and tribal law enforcement agencies. 

12 (6) TERRORIST WATCH LISTS DEFINED.—In this 

13 subsection, the term ‘‘terrorist watch lists’’ means all 

14 available information on known or suspected terror15 ists or terrorist threats. 

16 (d) REPORTING.—Not later than 120 days after the 

17 date of enactment of this Act, the Secretary shall submit 

18 to the appropriate congressional committees a report con19 taining information on— 

20 (1) the number of matches made in conducting 

21 terrorist watch list comparisons, and the number of 

22 individuals found to be unlawfully present in the 

23 United States, under subsection (c); 


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1 (2) the corresponding seaport facilities at which 

2 the matches and unlawfully present individuals were 

3 identified; and 

4 (3) the actions taken as a result of the terrorist 

5 watchlist comparisons and immigration records 

6 checks under subsection (c). 

7 (e) TREATMENT OF INDIVIDUALS RECEIVING HAZ8 ARDOUS MATERIALS ENDORSEMENTS.— 

9 (1) IN GENERAL.—To the extent the Secretary 

10 determines that the background records check con11 ducted under section 5103a of title 49, United States 

12 Code, and the background records check conducted 

13 under section 70105 of title 46, United States Code, 

14 are equivalent, the Secretary shall determine that an 

15 individual does not pose a risk warranting denial of 

16 a transportation security card issued under section 

17 70105 of title 46, United States Code, if such indi18 vidual— 

19 (A) has successfully completed a background 

20 records check under section 5103a of title 49, 

21 United States Code; and 

22 (B) possesses a current and valid hazardous 

23 materials endorsement in accordance with sec24 tion 1572 of title 49, Code of Federal Regula25 tions. 


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1 (2) LIMITATIONS.—Notwithstanding paragraph 

2 (1), the Secretary may deny an individual a trans3 portation security card under section 70105 of title 

4 46, United States Code, if the Secretary has substan5 tial evidence that the individual poses a risk to na6 tional security. 

7 (3) REDUCTION IN FEES.—The Secretary shall 

8 reduce, to the extent practicable, any fees associated 

9 with obtaining a transportation security card under 

10 section 70105 of title 46, United States Code, for any 

11 individual referred to in paragraph (1). 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $20,000,000 for fiscal year 

14 2007 to carry out this section. 

15 SEC. 106. CLARIFICATION ON ELIGIBILITY FOR TRANSPOR16 TATION SECURITY CARDS. 

17 Section 70105(c)(2) of title 46, United States Code, is 

18 amended by inserting ‘‘subparagraph (A), (B), or (D) of’’ 

19 before ‘‘paragraph (1)’’. 

20 SEC. 107. LONG-RANGE VESSEL TRACKING. 

21 (a) REGULATIONS.—Section 70115 of title 46, United 

22 States Code is amended in the first sentence by striking 

23 ‘‘The Secretary’’ and inserting ‘‘Not later than April 1, 

24 2007, the Secretary’’. 


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1 (b) VOLUNTARY PROGRAM.—The Secretary of Home2 land Security may issue regulations to establish a vol3 untary long-range automated vessel tracking system for ves4 sels described in section 70115 of title 46, United States 

5 Code, during the period before regulations are issued under 

6 subsection (a) of such section. 

7 SEC. 108. MARITIME SECURITY COMMAND CENTERS. 

8 (a) IN GENERAL.—Chapter 701 of title 46, United 

9 States Code, is amended by adding at the end the following 

10 new section: 

11 ‘‘§ 70122. Maritime security command centers 

12 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

13 an integrated network of virtual and physical maritime se14 curity command centers at appropriate United States sea15 ports and maritime regions, as determined by the Sec16 retary, to— 

17 ‘‘(1) enhance information sharing; 

18 ‘‘(2) facilitate day-to-day operational coordina19 tion; and 

20 ‘‘(3) in the case of a transportation security in21 cident, facilitate incident management and response. 

22 ‘‘(b) CHARACTERISTICS.—Each maritime security 

23 command center described in subsection (a) shall— 

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1 tics, facilities and information technology systems of 

2 current operational centers for port and maritime se3 curity and other similar existing facilities and sys4 tems; 

5 ‘‘(2) be adapted to meet the security needs, re6 quirements, and resources of the seaport and mari7 time region the center will cover; and 

8 ‘‘(3) to the maximum extent practicable, not in9 volve the construction of new facilities, but shall uti10 lize information technology, virtual connectivity, and 

11 existing facilities to create an integrated, real-time 

12 communication and information sharing network. 

13 ‘‘(c) PARTICIPATION.—The following entities shall par14 ticipate in the integrated network of maritime security 

15 command centers described in subsection (a): 

16 ‘‘(1) The Coast Guard. 

17 ‘‘(2) U.S. Customs and Border Protection. 

18 ‘‘(3) U.S. Immigration and Customs Enforce19 ment. 

20 ‘‘(4) Other appropriate Federal, State, and local 

21 law enforcement agencies. 

22 ‘‘(d) RESPONSIBILITIES.—Each maritime security 

23 command center described in subsection (a) shall— 


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1 ‘‘(1) assist, as appropriate, in the implementa2 tion of maritime transportation security plans devel3 oped under section 70103; 

4 ‘‘(2) implement the transportation security inci5 dent response plans required under section 70104; 

6 ‘‘(3) carry out information sharing activities 

7 consistent with those activities required under section 

8 1016 of the National Security Intelligence Reform Act 

9 of 2004 (6 U.S.C. 485) and the Homeland Security 

10 Information Sharing Act (6 U.S.C. 481 et seq.); 

11 ‘‘(4) conduct short- and long-range vessel track12 ing under sections 70114 and 70115; and 

13 ‘‘(5) carry out such other responsibilities as de14 termined by the Secretary. 

15 ‘‘(e) SECURITY CLEARANCES.—The Secretary shall 

16 sponsor and expedite individuals participating in a mari17 time security command center described in subsection (a) 

18 in gaining or maintaining their security clearances. 

19 Through the Captain of the Port, the Secretary may iden20 tify key individuals who should participate. In addition, 

21 the port or other entities may appeal to the Captain of the 

22 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 Coast 


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1 Guard in a maritime security command center described 

2 in subsection (a) shall act as the incident commander, un3 less otherwise directed by the President. 

4 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to affect the normal command and 

6 control procedures for operational entities in the Depart7 ment, unless so directed by the Secretary. 

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated $60,000,000 for each of 

10 the fiscal years 2007 through 2012 to carry out this section 

11 and section 108(c) of the Security and Accountability For 

12 Every Port Act.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections at 

14 the beginning of chapter 701 of title 46, United States Code, 

15 is amended by adding at the end the following: 

‘‘70122. Maritime security command centers.’’. 

16 (c) IMPLEMENTATION PLAN AND BUDGET ANALYSIS.— 

17 The Secretary of Homeland Security shall submit to the ap18 propriate congressional committees a plan for the imple19 mentation of section 70122 of title 46, United States Code, 

20 as added by subsection (a), and a budget analysis for the 

21 implementation of such section, including additional cost22 sharing arrangements with other Federal departments and 

23 agencies and other participants involved in the maritime 

24 security command centers described in such section, not 


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1 later than 180 days after the date of the enactment of this 

2 Act. 

3 Subtitle B—Grant and Training 

4 Programs 

5 SEC. 111. PORT SECURITY GRANT PROGRAM. 

6 (a) IN GENERAL.—Title V of the Homeland Security 

7 Act of 2002 (6 U.S.C. 311 et seq.) is amended— 

8 (1) by redesignating the second section 510 (as 

9 added by section 7303(d) of Public Law 108–458 (118 

10 Stat. 3844)) as section 511; and 

11 (2) by adding at the end the following new sec12 tion: 

13 ‘‘SEC. 512. PORT SECURITY GRANT PROGRAM. 

14 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall es15 tablish a grant program to allocate Federal financial assist16 ance to United States seaports on the basis of risk and need. 

17 ‘‘(b) PRIORITIZATION PROCESS.—In awarding grants 

18 under this section, the Secretary shall conduct an assess19 ment of United States seaports to develop a prioritization 

20 for awarding grants authorized under subsection (a) based 

21 upon— 

22 ‘‘(1) the most current risk assessment available 

23 from the Department; 

24 ‘‘(2) the national economic and strategic defense 

25 considerations of individual ports; and 


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1 ‘‘(3) any other factors that the Secretary deter2 mines to be appropriate. 

3 ‘‘(c) APPLICATION.— 

4 ‘‘(1) IN GENERAL.—Any entity or facility subject 

5 to an Area Maritime Transportation Security Plan 

6 required under subsection (b) or (c) of section 70103 

7 of title 46, United States Code, may submit an appli8 cation for a grant under this section, at such time, 

9 in such form, and containing such information and 

10 assurances as the Secretary may require. 

11 ‘‘(2) MINIMUM STANDARDS FOR PAYMENT OR RE12 IMBURSEMENT.—Each application submitted under 

13 paragraph (1) shall include— 

14 ‘‘(A) a comprehensive description of— 

15 ‘‘(i) the purpose of the project for 

16 which the applicant seeks a grant under 

17 this section and why the applicant needs the 

18 grant; 

19 ‘‘(ii) the applicability of the project to 

20 the Area Maritime Transportation Security 

21 Plan and other homeland security plans; 

22 ‘‘(iii) the methodology for coordinating 

23 the project into the security of the greater 

24 port area, as identified in the Area Mari25 time Transportation Security Plan; 


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1 ‘‘(iv) any existing cooperation or mu2 tual aid agreements with other port facili3 ties, vessels, organizations, or State, terri4 torial, and local governments as such agree5 ments relate to port security; and 

6 ‘‘(v) a capital budget showing how the 

7 applicant intends to allocate and expend the 

8 grant funds; 

9 ‘‘(B) a determination by the Captain of the 

10 Port that the project— 

11 ‘‘(i) addresses or corrects port security 

12 vulnerabilities; and 

13 ‘‘(ii) helps to ensure compliance with 

14 the Area Maritime Transportation Security 

15 Plan. 

16 ‘‘(3) PROCEDURAL SAFEGUARDS.—The Sec17 retary, in consultation with the Office of the Inspector 

18 General and the Office of Grants and Training, shall 

19 issue guidelines to establish appropriate accounting, 

20 reporting, and review procedures to ensure that— 

21 ‘‘(A) grant funds are used for the purposes 

22 for which they were made available; 

23 ‘‘(B) grantees have properly accounted for 

24 all expenditures of grant funds; and 


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1 ‘‘(C) grant funds not used for such purposes 

2 and amounts not obligated or expended are re3 turned. 

4 ‘‘(d) USE OF FUNDS.—Grants awarded under this sec5 tion may be used— 

6 ‘‘(1) to help implement Area Maritime Trans7 portation Security Plans required under section 

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

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

11 the Secretary; 

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

13 overall security of a seaport or a system of United 

14 States seaports, as determined by the Secretary; 

15 ‘‘(4) for the salaries, benefits, overtime compensa16 tion, and other costs of additional security personnel 

17 for State and local agencies for activities required by 

18 the Area Maritime Transportation Security Plan for 

19 a seaport area if the Secretary— 

20 ‘‘(A) increases the threat level under the 

21 Homeland Security Advisory System to Code 

22 Orange or Code Red; or 

23 ‘‘(B) raises the Maritime Security level to 

24 MARSEC Level 2 or 3; 


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1 ‘‘(5) for the cost of acquisition, operation, and 

2 maintenance of equipment that contributes to the 

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

4 Area Maritime Transportation Security Plan, if the 

5 need is based upon vulnerability assessments ap6 proved by the Secretary or identified in the Area 

7 Maritime Security Plan; 

8 ‘‘(6) to conduct vulnerability assessments ap9 proved by the Secretary; 

10 ‘‘(7) to purchase or upgrade equipment, includ11 ing computer software, to enhance terrorism pre12 paredness; 

13 ‘‘(8) to conduct exercises or training for preven14 tion and detection of, preparedness for, response to, or 

15 recovery from terrorist attacks; 

16 ‘‘(9) to establish or enhance mechanisms for 

17 sharing terrorism threat information; 

18 ‘‘(10) for the cost of equipment (including soft19 ware) required to receive, transmit, handle, and store 

20 classified information; 

21 ‘‘(11) for the protection of critical infrastructure 

22 against potential attack by the addition of barriers, 

23 fences, gates, and other such devices, except that the 

24 cost of such measures may not exceed the greater of— 

25 ‘‘(A) $1,000,000 per project; or 


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1 ‘‘(B) such greater amount as may be ap2 proved by the Secretary, which may not exceed 

3 10 percent of the total amount of the grant; and 

4 ‘‘(12) to conduct port-wide exercises to strengthen 

5 emergency preparedness of Federal, State, territorial, 

6 and local officials responsible for port security, in7 cluding law enforcement personnel and firefighters 

8 and other first responders, in support of the Area 

9 Maritime Security Plan. 

10 ‘‘(e) PROHIBITED USES.—Grants awarded under this 

11 section may not be used to— 

12 ‘‘(1) supplant State or local funds for activities 

13 of the type described in subsection (d); 

14 ‘‘(2) construct buildings or other physical facili15 ties; 

16 ‘‘(3) acquire land; or 

17 ‘‘(4) make any State or local government cost18 sharing contribution. 

19 ‘‘(f) MATCHING REQUIREMENT.— 

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 paragraph (A) or (B) of paragraph (2), Federal funds 

22 for any eligible project under this section shall not ex23 ceed 75 percent of the total cost of such project. 

24 ‘‘(2) EXCEPTIONS.— 


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1 ‘‘(A) SMALL PROJECTS.—The requirement 

2 of paragraph (1) shall not apply with respect to 

3 a project with a total cost of not more than 

4 $25,000. 

5 ‘‘(B) HIGHER LEVEL OF FEDERAL SUPPORT

6 REQUIRED.—The requirement of paragraph (1) 

7 shall not apply with respect to a project if the 

8 Secretary determines that the project merits sup9 port and cannot be undertaken without a higher 

10 rate of Federal support than the rate described 

11 in paragraph (1). 

12 ‘‘(3) IN-KIND CONTRIBUTIONS.—Each recipient 

13 of a grant under this section may meet the require14 ment of paragraph (1) by making in-kind contribu15 tions of goods or services that are directly linked with 

16 the purpose for which the grant is made, as deter17 mined by the Secretary, including any necessary per18 sonnel expenses, contractor services, administrative 

19 costs, equipment, fuel, or maintenance, and rental 

20 space. 

21 ‘‘(g) MULTIPLE PHASE PROJECTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary may award 

23 grants under this section for projects that span mul24 tiple years. 


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1 ‘‘(2) 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 ‘‘(h) CONSISTENCY WITH PLANS.—The Secretary shall 

6 ensure that each grant awarded under this section— 

7 ‘‘(1) is used to supplement and support, in a 

8 consistent and coordinated manner, the applicable 

9 Area Maritime Transportation Security Plan; and 

10 ‘‘(2) is coordinated with any applicable State or 

11 Urban Area Homeland Security Plan. 

12 ‘‘(i) COORDINATION AND COOPERATION.—The Sec13 retary— 

14 ‘‘(1) shall ensure that all projects that receive 

15 grant funding under this section within any area de16 fined in an Area Maritime Transportation Security 

17 Plan are coordinated with other projects in such area; 

18 and 

19 ‘‘(2) may require cooperative agreements among 

20 users of the seaport and seaport facilities with respect 

21 to projects funded under this section. 

22 ‘‘(j) REVIEW AND AUDITS.—The Secretary shall re23 quire all grantees under this section to maintain such 

24 records as the Secretary may require and make such records 

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1 troller General of the United States, or the Inspector Gen2 eral of the Department. 

3 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— 

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

5 appropriated $400,000,000 for each of fiscal years 

6 2007 through 2012 to carry out this section. 

7 ‘‘(2) SOURCE OF FUNDS.—Amounts authorized 

8 to be appropriated under paragraph (1) shall origi9 nate from duties collected by U.S. Customs and Bor10 der Protection.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents in 

12 section 1(b) of the Homeland Security Act of 2002 (116 

13 Stat. 2135) is amended by inserting after the item relating 

14 to section 509 the following: 

‘‘Sec. 510. Procurement of security countermeasures for strategic national stockpile. 

‘‘Sec. 511. Urban and other high risk area communications capabilities. 

‘‘Sec. 512. Port security grant program.’’. 

15 (c) REPEAL.— 

16 (1) IN GENERAL.—Section 70107 of title 46, 

17 United States Code, is hereby repealed. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 701 of title 46, 

20 United States Code, is amended by striking the item 

21 relating to section 70107. 


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1 SEC. 112. PORT SECURITY TRAINING PROGRAM. 

2 (a) IN GENERAL.—Subtitle A of title VIII of the 

3 Homeland Security Act of 2002 (6 U.S.C. 361) is amended 

4 by adding at the end the following new section: 

5 ‘‘SEC. 802. PORT SECURITY TRAINING PROGRAM. 

6 ‘‘(a) IN GENERAL.—The Secretary, acting through the 

7 Assistant Secretary for Grants and Training and in coordi8 nation with components of the Department with maritime 

9 security expertise, including the Coast Guard, the Trans10 portation Security Administration, and U.S. Customs and 

11 Border Protection, shall establish a Port Security Training 

12 Program (hereinafter in this section referred to as the ‘Pro13 gram’) for the purpose of enhancing the capabilities of each 

14 of the Nation’s commercial seaports to prevent, prepare for, 

15 respond to, mitigate against, and recover from threatened 

16 or actual acts of terrorism, natural disasters, and other 

17 emergencies. 

18 ‘‘(b) REQUIREMENTS.—The Program shall provide 

19 validated training that— 

20 ‘‘(1) reaches multiple disciplines, including Fed21 eral, State, and local government officials, commercial 

22 seaport personnel and management, and govern23 mental and nongovernmental emergency response pro24 viders; 

25 ‘‘(2) provides training at the awareness, per26 formance, and management and planning levels; 


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1 ‘‘(3) utilizes multiple training mediums and 

2 methods, including— 

3 ‘‘(A) direct delivery; 

4 ‘‘(B) train-the-trainer; 

5 ‘‘(C) computer-based training; 

6 ‘‘(D) web-based training; and 

7 ‘‘(E) video teleconferencing; 

8 ‘‘(4) addresses port security topics, including— 

9 ‘‘(A) seaport security plans and procedures, 

10 including how security plans and procedures are 

11 adjusted when threat levels increase; 

12 ‘‘(B) seaport security force operations and 

13 management; 

14 ‘‘(C) physical security and access control at 

15 seaports; 

16 ‘‘(D) methods of security for preventing and 

17 countering cargo theft; 

18 ‘‘(E) container security; 

19 ‘‘(F) recognition and detection of weapons, 

20 dangerous substances, and devices; 

21 ‘‘(G) operation and maintenance of security 

22 equipment and systems; 

23 ‘‘(H) security threats and patterns; 

24 ‘‘(I) security incident procedures, including 

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1 mental and nongovernmental emergency response 

2 providers; and 

3 ‘‘(J) evacuation procedures; 

4 ‘‘(5) is consistent with, and supports implemen5 tation of, the National Incident Management System, 

6 the National Response Plan, the National Infrastruc7 ture Protection Plan, the National Preparedness 

8 Guidance, the National Preparedness Goal, and other 

9 such national initiatives; 

10 ‘‘(6) is evaluated against clear and consistent 

11 performance measures; and 

12 ‘‘(7) addresses security requirements under facil13 ity security plans. 

14 ‘‘(c) NATIONAL VOLUNTARY CONSENSUS STAND15 ARDS.—The Secretary shall— 

16 ‘‘(1) support the development, promulgation, and 

17 regular updating as necessary of national voluntary 

18 consensus standards for port security training; and 

19 ‘‘(2) ensure that the training provided under this 

20 section is consistent with such standards. 

21 ‘‘(d) TRAINING PARTNERS.—In developing and deliv22 ering training under the Program, the Secretary shall— 

23 ‘‘(1) work with government training facilities, 

24 academic institutions, private organizations, em25 ployee organizations, and other entities that provide 


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1 specialized, state-of-the-art training for governmental 

2 and nongovernmental emergency responder providers 

3 or commercial seaport personnel and management; 

4 and 

5 ‘‘(2) utilize, as appropriate, training courses 

6 provided by community colleges, public safety acad7 emies, State and private universities, and other facili8 ties. 

9 ‘‘(e) CONSULTATION.—The Secretary shall ensure that, 

10 in carrying out the Program, the Office of Grants and 

11 Training shall consult with— 

12 ‘‘(1) a geographic and substantive cross section 

13 of governmental and nongovernmental emergency re14 sponse providers; and 

15 ‘‘(2) commercial seaport personnel and manage16 ment. 

17 ‘‘(f) COMMERCIAL SEAPORT PERSONNEL DEFINED.— 

18 For purposes of this section, the term ‘commercial seaport 

19 personnel’ means any person engaged in an activity relat20 ing to the loading or unloading of cargo, the movement or 

21 tracking of cargo, the maintenance and repair of inter22 modal equipment, the operation of cargo-related equipment 

23 (whether or not integral to the vessel), and the handling 

24 of mooring lines on the dock when a vessel is made fast 


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1 or let go, in the United States or the coastal waters there2 of.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents in 

4 section 1(b) of the Homeland Security Act of 2002 (116 

5 Stat. 2135) is amended by inserting after the item relating 

6 to section 801 the following: 

‘‘Sec. 802. Port security training program.’’. 

7 (c) VESSEL AND FACILITY SECURITY PLANS.—Section 

8 70103(c)(3) of title 46, United States Code, is amended— 

9 (1) in subparagraph (E), by striking ‘‘the train10 ing, periodic unannounced drills, and’’ 

11 (2) by redesignating subparagraphs (F) and (G) 

12 as subparagraphs (G) and (H), respectively; and 

13 (3) by inserting after subparagraph (E) the fol14 lowing new subparagraph: 

15 ‘‘(F) provide a strategy and timeline for con16 ducting training and periodic unannounced drills for 

17 persons on the vessel or at the facility to be carried 

18 out under the plan to deter, to the maximum extent 

19 practicable, a transportation security incident or a 

20 substantial threat of such a transportation security 

21 incident;’’. 

22 SEC. 113. PORT SECURITY EXERCISE PROGRAM. 

23 (a) IN GENERAL.—Subtitle A of title VIII of the 

24 Homeland Security Act of 2002 (6 U.S.C. 361), as amended 


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1 by section 112, is further amended by adding at the end 

2 the following new section: 

3 ‘‘SEC. 803. PORT SECURITY EXERCISE PROGRAM. 

4 ‘‘(a) IN GENERAL.—The Secretary, acting through the 

5 Assistant Secretary for Grants and Training, shall establish 

6 a Port Security Exercise Program (hereinafter in this sec7 tion referred to as the ‘Program’) for the purpose of testing 

8 and evaluating the capabilities of Federal, State, local, and 

9 foreign governments, commercial seaport personnel and 

10 management, governmental and nongovernmental emer11 gency response providers, the private sector, or any other 

12 organization or entity, as the Secretary determines to be 

13 appropriate, to prevent, prepare for, mitigate against, re14 spond to, and recover from acts of terrorism, natural disas15 ters, and other emergencies at commercial seaports. 

16 ‘‘(b) REQUIREMENTS.—The Secretary, acting through 

17 the Assistant Secretary for Grants and Training and in 

18 coordination with components of the Department with mar19 itime security expertise, including the Coast Guard, the 

20 Transportation Security Administration, and U.S. Cus21 toms and Border Protection, shall ensure that the Pro22 gram— 

23 ‘‘(1) consolidates all existing port security exer24 cise programs administered by the Department; 


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1 ‘‘(2) conducts, on a periodic basis, port security 

2 exercises at commercial seaports that are— 

3 ‘‘(A) scaled and tailored to the needs of each 

4 port; 

5 ‘‘(B) live in the case of the most at-risk 

6 ports; 

7 ‘‘(C) as realistic as practicable and based 

8 on current risk assessments, including credible 

9 threats, vulnerabilities, and consequences; 

10 ‘‘(D) consistent with the National Incident 

11 Management System, the National Response 

12 Plan, the National Infrastructure Protection 

13 Plan, the National Preparedness Guidance, the 

14 National Preparedness Goal, and other such na15 tional initiatives; 

16 ‘‘(E) evaluated against clear and consistent 

17 performance measures; 

18 ‘‘(F) assessed to learn best practices, which 

19 shall be shared with appropriate Federal, State, 

20 and local officials, seaport personnel and man21 agement; governmental and nongovernmental 

22 emergency response providers, and the private 

23 sector; and 

24 ‘‘(G) followed by remedial action in re25 sponse to lessons learned; and 


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1 ‘‘(3) assists State and local governments and 

2 commercial seaports in designing, implementing, and 

3 evaluating exercises that— 

4 ‘‘(A) conform to the requirements of para5 graph (2); and 

6 ‘‘(B) are consistent with any applicable 

7 Area Maritime Transportation Security Plan 

8 and State or Urban Area Homeland Security 

9 Plan. 

10 ‘‘(c) REMEDIAL ACTION MANAGEMENT SYSTEM.—The 

11 Secretary, acting through the Assistant Secretary for 

12 Grants and Training, shall establish a Remedial Action 

13 Management System to— 

14 ‘‘(1) identify and analyze each port security ex15 ercise for lessons learned and best practices; 

16 ‘‘(2) disseminate lessons learned and best prac17 tices to participants in the Program; 

18 ‘‘(3) monitor the implementation of lessons 

19 learned and best practices by participants in the Pro20 gram; and 

21 ‘‘(4) conduct remedial action tracking and long22 term trend analysis. 

23 ‘‘(d) GRANT PROGRAM FACTOR.—In evaluating and 

24 prioritizing applications for Federal financial assistance 

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1 sideration to those applicants that have conducted port se2 curity exercises under this section. 

3 ‘‘(e) CONSULTATION.—The Secretary shall ensure that, 

4 in carrying out the Program, the Office of Grants and 

5 Training shall consult with— 

6 ‘‘(1) a geographic and substantive cross section 

7 of governmental and nongovernmental emergency re8 sponse providers; and 

9 ‘‘(2) commercial seaport personnel and manage10 ment. 

11 ‘‘(f) COMMERCIAL SEAPORT PERSONNEL DEFINED.— 

12 For purposes of this section, the term ‘commercial seaport 

13 personnel’ means any person engaged in an activity relat14 ing to the loading or unloading of cargo, the movement or 

15 tracking of cargo, the maintenance and repair of inter16 modal equipment, the operation of cargo-related equipment 

17 (whether or not integral to the vessel), and the handling 

18 of mooring lines on the dock when a vessel is made fast 

19 or let go, in the United States or the coastal waters there20 of.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents in 

22 section 1(b) of the Homeland Security Act of 2002 (116 

23 Stat. 2135), as amended by section 112, is further amended 

24 by inserting after the item relating to section 802 the fol25 lowing: 

‘‘Sec. 803. Port security exercise program.’’. 


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1 SEC. 114. RESERVE OFFICERS AND JUNIOR RESERVE OFFI2 CERS TRAINING PILOT PROJECT. 

3 (a) IN GENERAL.—The Secretary of the department in 

4 which the Coast Guard is operating (in this section referred 

5 to as the ‘‘Secretary’’) may carry out a pilot project to es6 tablish and maintain a reserve officers and a junior reserve 

7 officers training program in locations determined by the 

8 Secretary. 

9 (b) CRITERIA FOR SELECTION.—The Secretary shall 

10 establish and maintain a training program under this sec11 tion in each Coast Guard District, preferably in a location 

12 that has a Coast Guard district headquarters. The Secretary 

13 shall ensure that at least one program is established at each 

14 of an historically black college or university, an hispanic 

15 serving institution, and a high school with majority-minor16 ity population. 

17 (c) PROGRAM REQUIREMENTS.—A pilot program car18 ried out by the Secretary under this section shall provide 

19 students— 

20 (1) instruction in subject areas relating to oper21 ations of the Coast Guard; and 

22 (2) training in skills that are useful and appro23 priate for a career in the Coast Guard. 

24 (d) PROVISION OF ADDITIONAL SUPPORT.—To carry 

25 out a pilot program under this section, the Secretary may 

26 provide— 


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1 (1) assistance in course development, instruction, 

2 and other support activities; 

3 (2) commissioned, warrant, and petty officers of 

4 the Coast Guard to serve as administrators and in5 structors; and 

6 (3) necessary and appropriate course materials, 

7 equipment, and uniforms. 

8 (e) EMPLOYMENT OF RETIRED COAST GUARD PER9 SONNEL.— 

10 (1) IN GENERAL.—Subject to paragraph (2), the 

11 Secretary may authorize a selected college, university, 

12 or high school to employ as administrators and in13 structors for the pilot program retired Coast Guard 

14 and Coast Guard Reserve commissioned, warrant, 

15 and petty officers who request that employment and 

16 who are approved by the Secretary. 

17 (2) AUTHORIZED PAY.— 

18 (A) IN GENERAL.—Retired members em19 ployed pursuant to paragraph (1) may receive 

20 their retired or retainer pay and an additional 

21 amount of not more than the difference be22 tween— 

23 (i) the amount the individual would be 

24 paid as pay and allowance if they were con25 sidered to have been ordered to active duty 


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1 with the Coast Guard during that period of 

2 employment; and 

3 (ii) the amount of retired pay the indi4 vidual is entitled to receive during that pe5 riod. 

6 (B) PAYMENT TO THE SCHOOL.—The Sec7 retary shall pay to a selected college, university, 

8 or high school an amount equal to one half of the 

9 amount described in subparagraph (A), from 

10 funds appropriated for that purpose. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—To carry 

12 out this section there is authorized to be appropriated to 

13 the Secretary such sums as may be necessary for each of 

14 fiscal years 2007 through 2010. 

15 Subtitle C—Miscellaneous 

16 Provisions 

17 SEC. 121. INCREASE IN PORT OF ENTRY INSPECTION OFFI18 CERS. 

19 (a) IN GENERAL.—The Secretary of Homeland Secu20 rity shall increase by not less than 200 the number of posi21 tions for full-time active duty port of entry inspection offi22 cers of the Department of Homeland Security for each of 

23 the fiscal years 2007 through 2012. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

25 authorized to be appropriated to the Secretary to carry out 


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1 subsection (a) the following amounts for the following fiscal 

2 years: 

3 (1) $20,000,000 for fiscal year 2007. 

4 (2) $40,000,000 for fiscal year 2008. 

5 (3) $60,000,000 for fiscal year 2009. 

6 (4) $80,000,000 for fiscal year 2010. 

7 (5) $100,000,000 for fiscal year 2011. 

8 (6) $120,000,000 for fiscal year 2012. 

9 SEC. 122. ACCELERATION OF INTEGRATED DEEPWATER 

10 SYSTEM. 

11 In addition to any other amounts authorized by law, 

12 there is authorized to be appropriated to the Secretary of 

13 Homeland Security $1,892,000,000 for the acquisition and 

14 construction of vessels, aircraft, shore and offshore facilities 

15 and other components associated with the Integrated Deep16 water System in accordance with the report required by sec17 tion 888 of the Homeland Security Act of 2002 (116 Stat. 

18 2250). 

19 SEC. 123. BORDER PATROL UNIT FOR UNITED STATES VIR20 GIN ISLANDS. 

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

22 of this Act, the Secretary of Homeland Security shall estab23 lish at least one Border Patrol unit for the Virgin Islands 

24 of the United States. 


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1 SEC. 124. REPORT ON OWNERSHIP AND OPERATION OF 

2 UNITED STATES SEAPORTS. 

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

4 of this Act, the Secretary of Homeland Security shall sub5 mit to the appropriate congressional committees a report 

6 that contains— 

7 (1) the name of each individual or entity that 

8 leases, operates, manages, or owns real property or fa9 cilities at each United States seaport; and 

10 (2) any other information that the Secretary de11 termines to be appropriate. 

12 SEC. 125. REPORT ON SECURITY OPERATIONS AT CERTAIN 

13 UNITED STATES SEAPORTS. 

14 (a) STUDY.—The Secretary of Homeland Security 

15 shall conduct a study on the adequacy of security operations 

16 at the ten United States seaports that load and unload the 

17 largest amount of containers. 

18 (b) REPORT.—Not later than 270 days after the date 

19 of the enactment of this Act, the Secretary shall submit to 

20 the appropriate congressional committees a report on the 

21 results of the study required by subsection (a). 

22 SEC. 126. REPORT ON ARRIVAL AND DEPARTURE MANI23 FESTS FOR CERTAIN COMMERCIAL VESSELS 

24 IN THE UNITED STATES VIRGIN ISLANDS. 

25 Not later than 90 days after the date of the enactment 

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1 mit to the appropriate congressional committees a report 

2 on the impact of implementing the requirements of section 

3 231 of the Immigration and Nationality Act (8 U.S.C. 

4 1221) (relating to providing United States border officers 

5 with arrival and departure manifests) with respect to com6 mercial vessels that are fewer than 300 gross tons and oper7 ate exclusively between the territorial waters of the United 

8 States Virgin Islands and the territorial waters of the Brit9 ish Virgin Islands. 

10 TITLE II—SECURITY OF THE 

11 INTERNATIONAL SUPPLY CHAIN 

12 SEC. 201. SECURITY OF THE INTERNATIONAL SUPPLY 

13 CHAIN. 

14 (a) IN GENERAL.—The Homeland Security Act of 

15 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

16 end the following new title: 

17 ‘‘TITLE XVIII—SECURITY OF THE 

18 INTERNATIONAL SUPPLY CHAIN 

19 ‘‘Subtitle A—General Provisions 

20 ‘‘SEC. 1801. STRATEGIC PLAN TO ENHANCE THE SECURITY 

21 OF THE INTERNATIONAL SUPPLY CHAIN. 

22 ‘‘(a) STRATEGIC PLAN.—The Secretary, in consulta23 tion with appropriate Federal, State, local, and tribal gov24 ernment agencies and private sector stakeholders responsible 

25 for security matters that affect or relate to the movement 


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1 of containers through the international supply chain, shall 

2 develop and implement, and update as appropriate, a stra3 tegic plan to enhance the security of the international sup4 ply chain. 

5 ‘‘(b) REQUIREMENTS.—The strategic plan required 

6 under subsection (a) shall— 

7 ‘‘(1) describe the roles, responsibilities, and au8 thorities of Federal, State, local, and tribal govern9 ment agencies and private sector stakeholders that re10 late to the security of the movement of containers 

11 through the international supply chain; 

12 ‘‘(2) identify and address gaps and unnecessary 

13 overlaps in the roles, responsibilities, or authorities 

14 described in paragraph (1); 

15 ‘‘(3) identify and make recommendations regard16 ing legislative, regulatory, and organizational changes 

17 necessary to improve coordination among the entities 

18 or to enhance the security of the international supply 

19 chain; 

20 ‘‘(4) provide measurable goals, including objec21 tives, mechanisms, and a schedule, for furthering the 

22 security of commercial operations from point of ori23 gin to point of destination; 

24 ‘‘(5) build on available resources and consider 

25 costs and benefits; 


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1 ‘‘(6) provide incentives for additional voluntary 

2 measures to enhance cargo security, as determined by 

3 the Secretary; 

4 ‘‘(7) consider the impact of supply chain security 

5 requirements on small and medium size companies; 

6 ‘‘(8) include a process for sharing intelligence 

7 and information with private sector stakeholders to 

8 assist in their security efforts; 

9 ‘‘(9) identify a framework for prudent and meas10 ured response in the event of a transportation secu11 rity incident involving the international supply 

12 chain; 

13 ‘‘(10) provide a plan for the expeditious resump14 tion of the flow of legitimate trade in accordance with 

15 section 70103(a)(2)(J)(ii) of title 46, United States 

16 Code; 

17 ‘‘(11) consider the linkages between supply chain 

18 security and security programs within other systems 

19 of movement, including travel security and terrorism 

20 finance programs; and 

21 ‘‘(12) expand upon and relate to existing strate22 gies and plans, including the National Strategy for 

23 Maritime Security and the eight supporting plans of 

24 the Strategy, as required by Homeland Security Pres25 idential Directive-13 (September 2005). 


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1 ‘‘(c) UTILIZATION OF ADVISORY COMMITTEES.—As 

2 part of the consultations described in subsection (a), the 

3 Secretary shall, to the extent practicable, utilize the Home4 land Security Advisory Committee, the National Maritime 

5 Security Advisory Committee, and the Commercial Oper6 ations Advisory Committee to review, as necessary, the 

7 draft strategic plan and any subsequent updates to the stra8 tegic plan. 

9 ‘‘(d) INTERNATIONAL STANDARDS AND PRACTICES.— 

10 In furtherance of the strategic plan required under sub11 section (a), the Secretary is encouraged to consider proposed 

12 or established standards and practices of foreign govern13 ments and international organizations, including the Inter14 national Maritime Organization, the World Customs Orga15 nization, the International Labor Organization, and the 

16 International Organization for Standardization, as appro17 priate, to establish standards and best practices for the secu18 rity of containers moving through the international supply 

19 chain. 

20 ‘‘(e) REPORT.— 

21 ‘‘(1) INITIAL REPORT.—The Secretary shall sub22 mit to the appropriate congressional committees a re23 port that contains the strategic plan required by sub24 section (a). 


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1 ‘‘(2) FINAL REPORT.—Not later than three years 

2 after the date on which the strategic plan is submitted 

3 under paragraph (1), the Secretary shall submit to 

4 the appropriate congressional committees a report 

5 that contains an update of the strategic plan. 

6 ‘‘(f) DEFINITION.—In this section, the term ‘transpor7 tation security incident’ has the meaning given the term 

8 in section 70101(6) of title 46, United States Code. 

9 ‘‘SEC. 1802. TRANSMISSION OF ADDITIONAL DATA ELE10 MENTS FOR IMPROVED HIGH RISK TAR11 GETING. 

12 ‘‘(a) REQUIREMENT.—The Secretary shall require 

13 transmission to the Department, through an electronic data 

14 interchange system, of additional data elements for im15 proved high risk targeting, including appropriate security 

16 elements of entry data, as determined by the Secretary, to 

17 be provided as advanced information with respect to cargo 

18 destined for importation into the United States prior to 

19 loading of such cargo on vessels at foreign seaports. 

20 ‘‘(b) REGULATIONS.—The Secretary shall promulgate 

21 regulations to carry out this section. In promulgating such 

22 regulations, the Secretary shall adhere to the parameters 

23 applicable to the development of regulations under section 

24 343(a) of the Trade Act of 2002 (19 U.S.C. 2071 note), in25 cluding provisions relating to consultation, technology, 


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1 analysis, use of information, confidentiality, and timing re2 quirements. 

3 ‘‘SEC. 1803. PLAN TO IMPROVE THE AUTOMATED TAR4 GETING SYSTEM. 

5 ‘‘(a) PLAN.—The Secretary shall develop and imple6 ment a plan to improve the Automated Targeting System 

7 for the identification of high-risk containers moving 

8 through the international supply chain. 

9 ‘‘(b) CONTENTS.— 

10 ‘‘(1) TREATMENT OF RECOMMENDATIONS.—The 

11 Secretary shall include in the plan required under 

12 subsection (a) a schedule to address the recommenda13 tions of the Comptroller General of the United States, 

14 the Inspector General of the Department of the Treas15 ury, and the Inspector General of the Department of 

16 Homeland Security with respect to the operation of 

17 the Automated Targeting System. 

18 ‘‘(2) INFORMATION SUBMISSIONS.—In developing 

19 the plan required under subsection (a), the Secretary 

20 shall consider the cost, benefit, and feasibility of— 

21 ‘‘(A) requiring additional nonmanifest doc22 umentation for each container; 

23 ‘‘(B) adjusting the time period allowed by 

24 law for revisions to a container cargo manifest; 


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1 ‘‘(C) adjusting the time period allowed by 

2 law for submission of entry data for vessel or 

3 cargo; and 

4 ‘‘(D) such other actions the Secretary con5 siders beneficial for improving the information 

6 relied upon for the Automated Targeting System 

7 and any other targeting systems in furthering 

8 the security and integrity of the international 

9 supply chain. 

10 ‘‘(3) OUTSIDE REVIEW.—The Secretary shall 

11 conduct, through an independent panel, a review of 

12 the Automated Targeting System. The results of this 

13 review shall be included in the plan required under 

14 subsection (a). 

15 ‘‘(4) SMART SYSTEM.—The Secretary shall con16 sider future iterations of the Automated Targeting 

17 System, which would incorporate smart features, such 

18 as more complex algorithms and real-time intel19 ligence, instead of relying solely on rule sets that are 

20 periodically updated. The Secretary shall also con21 sider how the Automated Targeting System could be 

22 improved through linkages with targeting systems in 

23 existence on the date of the enactment of the Security 

24 and Accountability For Every Port Act for travel se25 curity and terrorism finance programs. 


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1 ‘‘(c) NEW OR EXPANDED INFORMATION SUBMIS2 SIONS.—In considering any new or expanded information 

3 submission requirements, the Secretary shall consult with 

4 stakeholders and identify the need for such information, ap5 propriate confidentiality requirements with respect to such 

6 information, and appropriate timing of the submission of 

7 such information, in the plan required under subsection (a). 

8 ‘‘(d) SECURE TRANSMISSION OF CERTAIN INFORMA9 TION.—All information required by the Department from 

10 supply chain partners shall be transmitted in a secure fash11 ion, as determined by the Secretary, so as to protect the 

12 information from unauthorized access. 

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated $5,000,000 for each of the 

15 fiscal years 2007 through 2012 to carry out this section. 

16 ‘‘SEC. 1804. CONTAINER STANDARDS AND VERIFICATION 

17 PROCEDURES. 

18 ‘‘(a) ESTABLISHMENT.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall establish 

20 minimum standards and verification procedures for 

21 securing containers in transit to the United States re22 lating to the sealing of containers. 

23 ‘‘(2) DEADLINE FOR ENFORCEMENT.—Not later 

24 than two years after the date on which the standards 

25 and procedures are established pursuant to paragraph 


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1 (1), all containers bound for ports of entry in the 

2 United States shall meet such standards and proce3 dures. 

4 ‘‘(b) REVIEW AND ENHANCEMENT.—The Secretary 

5 shall regularly— 

6 ‘‘(1) review the standards and procedures estab7 lished pursuant to subsection (a); and 

8 ‘‘(2) enhance the security standards and proce9 dures, as appropriate, based on tests of technologies as 

10 they become commercially available to detect con11 tainer intrusion and the highest consequence threats, 

12 particularly weapons of mass destruction. 

13 ‘‘(c) INTERNATIONAL CARGO SECURITY STANDARDS.— 

14 The Secretary, in consultation with the Secretary of State, 

15 is encouraged to promote and establish international stand16 ards for the security of containers moving through the inter17 national supply chain with foreign governments and inter18 national organizations, including the International Mari19 time Organization and the World Customs Organization. 

20 ‘‘(d) INTERNATIONAL TRADE AND OTHER OBLIGA21 TIONS.—In carrying out this section, the Secretary shall 

22 consult with appropriate Federal departments and agencies 

23 and private sector stakeholders to ensure that actions under 

24 this section do not violate international trade obligations 

25 or other international obligations of the United States. 


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1 ‘‘SEC. 1805. CONTAINER SECURITY INITIATIVE (CSI). 

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 ex5 amine 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 consultation 

10 with other Federal officials, as appropriate, shall conduct 

11 an assessment of the port, including— 

12 ‘‘(1) the level of risk for the potential compromise 

13 of containers by terrorists or terrorist weapons; 

14 ‘‘(2) the volume of regular container traffic to 

15 United States ports; 

16 ‘‘(3) the results of the Coast Guard assessments 

17 conducted pursuant to section 70108 of title 46, 

18 United States Code; 

19 ‘‘(4) the commitment of the host nation to co20 operating with the Department in sharing critical 

21 data and risk management information and to main22 tain programs to ensure employee integrity; and 

23 ‘‘(5) the potential for validation of security prac24 tices by the Department. 


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1 ‘‘(c) NOTIFICATION.—The Secretary shall notify the 

2 appropriate congressional committees prior to notifying the 

3 public of the designation of a foreign port under CSI. 

4 ‘‘(d) INSPECTIONS.— 

5 ‘‘(1) REQUIREMENTS AND PROCEDURES.—The 

6 Secretary shall— 

7 ‘‘(A) establish technical capability criteria 

8 and standard operating procedures for the use of 

9 nonintrusive inspection and nuclear and radio10 logical detection systems in conjunction with 

11 CSI; 

12 ‘‘(B) require each port designated under 

13 CSI to operate nonintrusive inspection and nu14 clear and radiological detection systems in ac15 cordance with the technical capability criteria 

16 and standard operating procedures established 

17 under subparagraph (A); and 

18 ‘‘(C) continually monitor the technologies, 

19 processes, and techniques used to inspect cargo at 

20 ports designated under CSI. 

21 ‘‘(2) CONSISTENCY OF STANDARDS AND PROCE22 DURES.—The Secretary shall ensure that the technical 

23 capability criteria and standard operating procedures 

24 established under paragraph (1)(A) are consistent 

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1 partment or agency of the Federal government with 

2 respect to deployment of nuclear and radiological de3 tection systems outside the United States. 

4 ‘‘(3) FOREIGN ASSISTANCE.— 

5 ‘‘(A) IN GENERAL.—The Secretary, in con6 sultation with the Secretary of State, the Sec7 retary of Energy, and the heads of other Federal 

8 agencies, shall identify foreign assistance pro9 grams that could facilitate the implementation of 

10 cargo security antiterrorism measures at ports 

11 designated under CSI and foreign ports not des12 ignated under CSI that lack effective 

13 antiterrorism measures. 

14 ‘‘(B) ACQUISITION.—The Secretary is au15 thorized to loan or otherwise assist in the deploy16 ment of nonintrusive inspection or nuclear and 

17 radiological detection systems for cargo con18 tainers at each designated CSI port under such 

19 terms and conditions as the Secretary determines 

20 to be appropriate and to provide training for 

21 foreign personnel involved in CSI. 

22 ‘‘(e) PROHIBITION.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall issue a 

24 ‘do not load’ order to each port designated under CSI 

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1 tified as higher risk by the Automated Targeting Sys2 tem unless the cargo— 

3 ‘‘(A) is scanned with a non intrusive im4 agery device and nuclear or radiological detec5 tion equipment; 

6 ‘‘(B) is devanned and inspected with nu7 clear or radiological detection equipment; or 

8 ‘‘(C) is determined to be of lower risk fol9 lowing additional inquiries by appropriate per10 sonnel of U.S. Customs and Border Protection. 

11 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

12 subsection shall be construed to interfere with the 

13 ability of the Secretary to deny entry of any cargo 

14 into the United States. 

15 ‘‘(f) REPORT.—The Secretary shall submit to the ap16 propriate congressional committees not later than March 1 

17 of each year a report on the status of CSI, including— 

18 ‘‘(1) a description of the security improvements 

19 gained through CSI; 

20 ‘‘(2) the rationale for the continuance of each 

21 port designated under CSI; 

22 ‘‘(3) an assessment of the personnel needs at each 

23 port designated under CSI; and 


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1 ‘‘(4) a description of the potential for remote tar2 geting to decrease the number of personnel who are 

3 deployed at foreign ports under CSI. 

4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated $196,000,000 for each of 

6 the fiscal years 2007 through 2012 to carry out this section. 

7 ‘‘SEC. 1806. INFORMATION SHARING RELATING TO SUPPLY 

8 CHAIN SECURITY COOPERATION. 

9 ‘‘(a) PURPOSES.—The purposes of this section are— 

10 ‘‘(1) to establish continuing liaison and to pro11 vide for supply chain security cooperation between 

12 Department and the private sector; and 

13 ‘‘(2) to provide for regular and timely inter14 change of information between the private sector and 

15 the Department concerning developments and security 

16 risks in the supply chain environment. 

17 ‘‘(b) SECURE SYSTEM.—The Secretary shall develop a 

18 secure electronic data interchange system to collect from 

19 and share appropriate risk information related to securing 

20 the supply chain with the private sector entities determined 

21 appropriate by the Secretary. 

22 ‘‘(c) CONSULTATION.—In developing the system under 

23 subsection (b), the Secretary shall consult with the Commer24 cial Operations Advisory Committee and a broad range of 

25 public and private sector entities likely to utilize the system, 


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1 including importers, exporters, carriers, customs brokers, 

2 and freight forwarders, among other parties. 

3 ‘‘(d) PROCEDURES.—The Secretary shall establish uni4 form procedures for the receipt, care, and storage of supply 

5 chain security information that is voluntarily submitted to 

6 the Department through the system developed under sub7 section (b). 

8 ‘‘(e) LIMITATIONS.—The voluntary information col9 lected through the system developed under subsection (b) 

10 shall be used exclusively for ensuring security and shall not 

11 be used for determining entry or for any other commercial 

12 enforcement purpose. The voluntary information submitted 

13 to the Department through the system developed under sub14 section (b) shall not be construed to constitute compliance 

15 with any requirement to submit such information to a Fed16 eral agency under any other provision of law. 

17 ‘‘(f) PARTICIPANTS.—The Secretary shall develop pro18 tocols for determining appropriate private sector personnel 

19 who shall have access to the system developed under sub20 section (b). Such personnel shall include designated security 

21 officers within companies that are determined to be low risk 

22 through participation in the Customs-Trade Partnership 

23 Against Terrorism program established pursuant to subtitle 

24 B of this title. 


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1 ‘‘(g) CONFIDENTIALITY.—Notwithstanding any other 

2 provision of law, information that is voluntarily submitted 

3 by the private sector to the Department through the system 

4 developed under subsection (b)— 

5 ‘‘(1) shall be exempt from disclosure under sec6 tion 552 of title 5, United States Code (commonly re7 ferred to as the Freedom of Information Act); 

8 ‘‘(2) shall not, without the written consent of the 

9 person or entity submitting such information, be used 

10 directly by the Department or a third party, in any 

11 civil action arising under Federal or State law if 

12 such information is submitted in good faith; and 

13 ‘‘(3) shall not, without the written consent of the 

14 person or entity submitting such information, be used 

15 or disclosed by any officer or employee of the United 

16 States for purposes other than the purposes of this 

17 section, except— 

18 ‘‘(A) in furtherance of an investigation or 

19 other prosecution of a criminal act; or 

20 ‘‘(B) when disclosure of the information 

21 would be— 

22 ‘‘(i) to either House of Congress, or to 

23 the extent of matter within its jurisdiction, 

24 any committee or subcommittee thereof, any 


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1 joint committee thereof or subcommittee of 

2 any such joint committee; or 

3 ‘‘(ii) to the Comptroller General, or 

4 any authorized representative of the Comp5 troller General, in the course of the perform6 ance of the duties of the Comptroller Gen7 eral. 

8 ‘‘(h) INDEPENDENTLY OBTAINED INFORMATION.— 

9 Nothing in this section shall be construed to limit or other10 wise affect the ability of a Federal, State, or local, govern11 ment entity, under applicable law, to obtain supply chain 

12 security information, including any information lawfully 

13 and properly disclosed generally or broadly to the public 

14 and to use such information in any manner permitted by 

15 law. 

16 ‘‘(i) PENALTIES.—Whoever, being an officer or em17 ployee of the United States or of any department or agency 

18 thereof, knowingly publishes, divulges, discloses, or makes 

19 known in any manner or to any extent not authorized by 

20 law, any supply chain security information protected in 

21 this section from disclosure, shall be fined under title 18, 

22 United States Code, imprisoned not more than 1 year, or 

23 both, and shall be removed from office or employment. 

24 ‘‘(j) AUTHORITY TO ISSUE WARNINGS.—The Secretary 

25 may provide advisories, alerts, and warnings to relevant 


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1 companies, targeted sectors, other governmental entities, or 

2 the general public regarding potential risks to the supply 

3 chain as appropriate. In issuing a warning, the Secretary 

4 shall take appropriate actions to protect from disclosure— 

5 ‘‘(1) the source of any voluntarily submitted sup6 ply chain security information that forms the basis 

7 for the warning; and 

8 ‘‘(2) information that is proprietary, business 

9 sensitive, relates specifically to the submitting person 

10 or entity, or is otherwise not appropriately in the 

11 public domain. 

12 ‘‘Subtitle B—Customs-Trade Part13 nership Against Terrorism (C14 TPAT) 

15 ‘‘SEC. 1811. ESTABLISHMENT. 

16 ‘‘(a) ESTABLISHMENT.—The Secretary is authorized to 

17 establish a voluntary program (to be known as the ‘Cus18 toms-Trade Partnership Against Terrorism’ or ‘C–TPAT’) 

19 to strengthen and improve the overall security of the inter20 national supply chain and United States border security. 

21 ‘‘(b) MINIMUM SECURITY REQUIREMENTS.—The Sec22 retary shall review the minimum security requirements of 

23 C–TPAT at least once every year and update such require24 ments as necessary. 


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1 ‘‘SEC. 1812. ELIGIBLE ENTITIES. 

2 ‘‘Importers, brokers, forwarders, air, sea, land carriers, 

3 and other entities in the international supply chain and 

4 intermodal transportation system are eligible to apply to 

5 voluntarily enter into partnerships with the Department 

6 under C-TPAT. 

7 ‘‘SEC. 1813. MINIMUM REQUIREMENTS. 

8 ‘‘An applicant seeking to participate in C–TPAT 

9 shall— 

10 ‘‘(1) demonstrate a history of moving commerce 

11 in the international supply chain; 

12 ‘‘(2) conduct an assessment of its supply chains 

13 based upon security criteria established by the Sec14 retary, including— 

15 ‘‘(A) business partner requirements; 

16 ‘‘(B) container security; 

17 ‘‘(C) physical security and access controls; 

18 ‘‘(D) personnel security; 

19 ‘‘(E) procedural security; 

20 ‘‘(F) security training and threat aware21 ness; and 

22 ‘‘(G) information technology security; 

23 ‘‘(3) implement and maintain security measures 

24 and supply chain security practices meeting security 

25 criteria; and 


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1 ‘‘(4) meet all other requirements established by 

2 the Secretary. 

3 ‘‘SEC. 1814. TIER ONE PARTICIPANTS. 

4 ‘‘(a) BENEFITS.—The Secretary may offer limited ben5 efits to C–TPAT participants whose security measures and 

6 supply chain security practices have been certified in ac7 cordance with the guidelines established pursuant to sub8 section (b). 

9 ‘‘(b) GUIDELINES.—The Secretary shall update guide10 lines for certifying a C-TPAT participant’s security meas11 ures and supply chain security practices under this section. 

12 ‘‘SEC. 1815. TIER TWO PARTICIPANTS. 

13 ‘‘(a) IN GENERAL.—Not later than one year after a 

14 C-TPAT participant has been certified under section 1814, 

15 the Secretary shall validate, directly or through third party 

16 entities certified in accordance with section 1817, the secu17 rity measures and supply chain security practices of that 

18 participant. Such validation shall include assessments at 

19 appropriate foreign locations utilized by the participant as 

20 part of the supply chain. 

21 ‘‘(b) CONSEQUENCES FOR FAILED VALIDATION.—If a 

22 C–TPAT participant’s security measures and supply chain 

23 security practices fail to meet the validation requirements 

24 under this section, the Commissioner of U.S. Customs and 

25 Border Protection may— 


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1 ‘‘(1) deny the participant benefits under C– 

2 TPAT on a temporary or permanent basis; or 

3 ‘‘(2) suspend or expel the participant from C– 

4 TPAT. 

5 ‘‘(c) RIGHT OF APPEAL.—A C–TPAT participant de6 scribed in subsection (b) may file an appeal with the Sec7 retary of the Commissioner’s decision under subsection 

8 (b)(1) to deny benefits under C–TPAT or under subsection 

9 (b)(2) to suspend or expel the participant from C–TPAT. 

10 ‘‘(d) BENEFITS.—The Secretary shall extend benefits 

11 to each C-TPAT participant that has been validated under 

12 this section, which may include— 

13 ‘‘(1) reduced examinations; and 

14 ‘‘(2) priority processing for searches. 

15 ‘‘SEC. 1816. TIER THREE PARTICIPANTS. 

16 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

17 third tier of C-TPAT that offers additional benefits to C18 TPAT participants that demonstrate a sustained commit19 ment beyond the minimum criteria for participation in C20 TPAT. 

21 ‘‘(b) ADDITIONAL CRITERIA.—The Secretary shall des22 ignate criteria for C-TPAT participants under this section 

23 that may include criteria to ensure— 

24 ‘‘(1) cargo is loaded on a vessel with a vessel se25 curity plan approved under section 70103(c) of title 


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1 46, United States Code, or on a vessel with a valid 

2 International Ship Security Certificate as provided 

3 for under part 104 of title 33, Code of Federal Regu4 lations; 

5 ‘‘(2) container security devices and related poli6 cies and practices that exceed the standards and pro7 cedures established by the Secretary are utilized; and 

8 ‘‘(3) cargo complies with any other requirements 

9 determined by the Secretary. 

10 ‘‘(c) BENEFITS.—The Secretary, in consultation with 

11 the Commercial Operations Advisory Committee and the 

12 National Maritime Security Advisory Committee, may pro13 vide benefits to C-TPAT participants under this section, 

14 which may include— 

15 ‘‘(1) the expedited release of tier three cargo into 

16 destination ports within the United States during all 

17 threat levels designated by the Secretary; 

18 ‘‘(2) reduced or streamlined bonding require19 ments that are consistent with obligations under other 

20 applicable provisions of law; 

21 ‘‘(3) preference to vessels; 

22 ‘‘(4) further reduced examinations; 

23 ‘‘(5) priority processing for examinations; 

24 ‘‘(6) further reduced scores in the Automated 

25 Targeting System; and 


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1 ‘‘(7) streamlined billing of any customs duties or 

2 fees. 

3 ‘‘(d) DEFINITION.—In this section, the term ‘container 

4 security device’ means a mechanical or electronic device de5 signed to, at a minimum, detect unauthorized intrusion of 

6 containers. 

7 ‘‘SEC. 1817. CONSEQUENCES FOR LACK OF COMPLIANCE. 

8 ‘‘(a) IN GENERAL.—If a C–TPAT participant’s secu9 rity measures and supply chain security practices fail to 

10 meet any of the requirements under this subtitle, the Sec11 retary may deny the participant benefits in whole or in 

12 part under this subtitle. 

13 ‘‘(b) FALSE OR MISLEADING INFORMATION.—If a C14 TPAT participant intentionally provides false or mis15 leading information to the Secretary or a third party entity 

16 during the validation process of the participant under this 

17 subtitle, the Commissioner of U.S. Customs and Border 

18 Protection shall suspend or expel the participant from C19 TPAT for a period of not less than five years. 

20 ‘‘(c) RIGHT OF APPEAL.—A C–TPAT participant de21 scribed in subsection (a) may file an appeal with the Sec22 retary of the Secretary’s decision under subsection (a) to 

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1 retary of the Commissioner’s decision under subsection (b) 

2 to suspend or expel the participant from C-TPAT. 

3 ‘‘SEC. 1818. VALIDATIONS BY THIRD PARTY ENTITIES. 

4 ‘‘(a) IN GENERAL.—In conducting the pilot program 

5 under subsection (f), and if the Secretary determines to ex6 pand the use of third party entities to conduct validations 

7 of C-TPAT participants upon completion of the pilot pro8 gram under subsection (f), the Secretary shall— 

9 ‘‘(1) develop, document, and update, as nec10 essary, minimum standard operating procedures and 

11 requirements applicable to such entities for the con12 duct of such validations; and 

13 ‘‘(2) meet all requirements under subtitle G of 

14 the title VIII of this Act to review and designate such 

15 minimum standard operating procedures as a quali16 fied anti-terrorism technology for purposes of such 

17 subtitle. 

18 ‘‘(b) CERTIFICATION OF THIRD PARTY ENTITIES.— 

19 ‘‘(1) ISSUANCE OF CERTIFICATE OF CONFORM20 ANCE.—In accordance with section 863(d)(3) of this 

21 Act, the Secretary shall issue a certificate of conform22 ance to a third party entity to conduct validations 

23 under this subtitle if the entity— 

24 ‘‘(A) demonstrates to the satisfaction of the 

25 Secretary the ability to perform validations in 


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1 accordance with standard operating procedures 

2 and requirements (or updates thereto) designated 

3 as a qualified anti-terrorism technology by the 

4 Secretary under subsection (a); and 

5 ‘‘(B) agrees— 

6 ‘‘(I) to perform validations in accord7 ance with such standard operating proce8 dures and requirements (or updates thereto); 

9 and 

10 ‘‘(ii) to maintain liability insurance 

11 coverage at policy limits and in accordance 

12 with conditions to be established by the Sec13 retary pursuant to section 864 of this Act; 

14 and 

15 ‘‘(C) signs an agreement to protect all pro16 prietary information of C-TPAT participants 

17 with respect to which the entity will conduct 

18 validations. 

19 ‘‘(2) LITIGATION AND RISK MANAGEMENT PRO20 TECTIONS.—A third party entity that maintains li21 ability insurance coverage at policy limits and in ac22 cordance with conditions to be established by the Sec23 retary pursuant to section 864 of this Act and re24 ceives a certificate of conformance under paragraph 

25 (1) shall receive all applicable litigation and risk 


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1 management protections under sections 863 and 864 

2 of this Act. 

3 ‘‘(3) RECIPROCAL WAIVER OF CLAIMS.—A recip4 rocal waiver of claims shall be deemed to have been 

5 entered into between a third party entity that receives 

6 a certificate of conformance under paragraph (1) and 

7 its contractors, subcontractors, suppliers, vendors, cus8 tomers, and contractors and subcontractors of cus9 tomers involved in the use or operation of the valida10 tion services of the third party entity. 

11 ‘‘(c) INFORMATION FOR ESTABLISHING LIMITS OF LI12 ABILITY INSURANCE.—A third party entity seeking a cer13 tificate of conformance under subsection (b)(1) shall provide 

14 to the Secretary necessary information for establishing the 

15 limits of liability insurance required to be maintained by 

16 the entity under section 864(a) of this Act. 

17 ‘‘(d) ADDITIONAL REQUIREMENTS.—The Secretary 

18 shall ensure that— 

19 ‘‘(1) any third party entity under this section— 

20 ‘‘(A) has no beneficial interest in or any di21 rect or indirect control over the C-TPAT partici22 pant that is contracting for the validation serv23 ices; and 

24 ‘‘(B) has no other conflict of interest with 

25 respect to the C-TPAT participant; and 


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1 ‘‘(2) the C-TPAT participant has entered into a 

2 contract with the third party entity under which the 

3 C-TPAT participant agrees to pay all costs associated 

4 with the validation. 

5 ‘‘(e) MONITORING.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall regularly 

7 monitor and inspect the operations of a third party 

8 entity conducting validations under this subtitle to 

9 ensure that the entity is meeting the minimum stand10 ard operating procedures and requirements for the 

11 validation of C-TPAT participants established under 

12 subsection (a) and all other applicable requirements 

13 for validation services under this subtitle. 

14 ‘‘(2) REVOCATION.—If the Secretary finds that a 

15 third party entity is not meeting the minimum 

16 standard operating procedures and requirements, the 

17 Secretary shall— 

18 ‘‘(A) revoke the entity’s certificate of con19 formance issued under subsection (b)(1); and 

20 ‘‘(B) review any validations conducted by 

21 the entity. 

22 ‘‘(f) PILOT PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall carry 

24 out a pilot program to test the feasibility, costs, and 

25 benefits of utilizing third party entities to conduct 


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1 validations of C-TPAT participants. In conducting 

2 the pilot program, the Secretary shall comply with all 

3 applicable requirements of this section with respect to 

4 eligibility of third party entities to conduct valida5 tions of C-TPAT participants. 

6 ‘‘(2) REPORT.—Not later than 30 days after the 

7 completion of the pilot program conducted pursuant 

8 to paragraph (1), the Secretary shall submit to the 

9 appropriate congressional committees a report that 

10 contains— 

11 ‘‘(A) the results of the pilot program; and 

12 ‘‘(B) the determination of the Secretary 

13 whether or not to expand the use of third party 

14 entities to conduct validations of C-TPAT par15 ticipants. 

16 ‘‘SEC. 1819. REVALIDATION. 

17 ‘‘The Secretary shall establish a process for revali18 dating C-TPAT participants under this subtitle. Such re19 validation shall occur not less frequently than once during 

20 every 3-year period following the initial validation. 

21 ‘‘SEC. 1820. NON-CONTAINERIZED CARGO. 

22 ‘‘The Secretary may consider the potential for partici23 pation in C-TPAT by importers of non-containerized car24 goes that otherwise meet the requirements under this sub25 title. 


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1 ‘‘SEC. 1821. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated $75,000,000 

3 for each of the fiscal years 2007 through 2012 to carry out 

4 this subtitle. 

5 ‘‘Subtitle C—Miscellaneous 

6 Provisions 

7 ‘‘SEC. 1831. RESEARCH, DEVELOPMENT, TEST, AND EVALUA8 TION EFFORTS IN FURTHERANCE OF MARI9 TIME AND CARGO SECURITY. 

10 ‘‘(a) IN GENERAL.—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 sector 

15 in developing and testing technologies and process in16 novations in furtherance of these objectives; and 

17 ‘‘(3) evaluate such technologies. 

18 ‘‘(b) COORDINATION.—The Secretary, in coordination 

19 with the Undersecretary for Science and Technology, the 

20 Director of the Domestic Nuclear Detection Office of the De21 partment, and the heads of other appropriate offices or enti22 ties of the Department, shall ensure that— 

23 ‘‘(1) research, development, test, and evaluation 

24 efforts funded by the Department in furtherance of 

25 maritime and cargo security are coordinated to avoid 

26 duplication of efforts; and 


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1 ‘‘(2) the results of such efforts are shared 

2 throughout the Department and other Federal, State, 

3 and local agencies, as appropriate. 

4 ‘‘SEC. 1832. GRANTS UNDER OPERATION SAFE COMMERCE. 

5 ‘‘(a) IN GENERAL.—The Secretary shall provide 

6 grants, as part of Operation Safe Commerce, to— 

7 ‘‘(1) integrate nonintrusive imaging inspection 

8 and nuclear and radiological detection systems with 

9 automatic identification methods for containers, ves10 sels, and vehicles; 

11 ‘‘(2) test physical access control protocols and 

12 technologies to include continuous tracking devices 

13 that provide real-time monitoring and reporting; 

14 ‘‘(3) create a data sharing network capable of 

15 transmitting data required by entities participating 

16 in the international supply chain from every inter17 modal transfer point to the National Targeting Cen18 ter of the Department; and 

19 ‘‘(4) otherwise further maritime and cargo secu20 rity, as determined by the Secretary. 

21 ‘‘(b) SUPPLY CHAIN SECURITY FOR SPECIAL CON22 TAINER AND NONCONTAINERIZED CARGO.—In providing 

23 grants under subsection (a), the Secretary shall establish 

24 demonstration projects that further the security of the inter25 national supply chain, including refrigerated containers, 


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1 and noncontainerized cargo, including roll-on/roll-off, 

2 break-bulk, liquid, and dry bulk cargo, through real-time, 

3 continuous tracking technology for special or high-risk con4 tainer cargo that poses unusual potential for human or en5 vironmental harm. 

6 ‘‘(c) COMPETITIVE SELECTION PROCESS.—The Sec7 retary shall select recipients of grants under subsection (a) 

8 through a competitive process on the basis of the following 

9 criteria: 

10 ‘‘(1) The extent to which the applicant can dem11 onstrate that personnel, laboratory, and organiza12 tional resources will be available to the applicant to 

13 carry out the activities authorized under this section. 

14 ‘‘(2) The applicant’s capability to provide lead15 ership in making national and regional contributions 

16 to the solution of maritime and cargo security issues. 

17 ‘‘(3) The extent to which the applicant’s pro18 grams, projects, and activities under the grant will 

19 address highest risk priorities as determined by the 

20 Secretary. 

21 ‘‘(4) The extent to which the applicant has a 

22 strategic plan for carrying out the programs, projects, 

23 and activities under the grant. 

24 ‘‘(5) Any other criteria the Secretary determines 

25 to be appropriate. 


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1 ‘‘(d) ADMINISTRATIVE PROVISIONS.— 

2 ‘‘(1) PROHIBITION ON DUPLICATION OF EF3 FORT.—Before providing any grant under subsection 

4 (a), the Secretary shall coordinate with other Federal 

5 departments and agencies to ensure the grant will not 

6 duplicate work already being carried out with Federal 

7 funding. 

8 ‘‘(2) ACCOUNTING, REPORTING, AND REVIEW

9 PROCEDURES.—The Secretary shall establish account10 ing, reporting, and review procedures to ensure 

11 that— 

12 ‘‘(A) amounts made available under a grant 

13 provided under subsection (a)— 

14 ‘‘(i) are used for the purpose for which 

15 such amounts were made available; and 

16 ‘‘(ii) are properly accounted for; and 

17 ‘‘(B) amounts not used for such purpose 

18 and amounts not expended are recovered. 

19 ‘‘(3) RECORDKEEPING.—The recipient of a grant 

20 under subsection (a) shall keep all records related to 

21 expenditures and obligations of amounts provided 

22 under the grant and make such records available 

23 upon request to the Secretary for audit and examina24 tion. 


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1 ‘‘(4) REVIEW.—The Secretary shall annually re2 view the programs, projects, and activities carried out 

3 using amounts made available under grants provided 

4 under subsection (a) to ensure that obligations and 

5 expenditures of such amounts are consistent with the 

6 purposes for which such amounts are made available. 

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

8 each year, the Secretary shall submit to the appropriate 

9 congressional committees a report detailing the results of 

10 Operation Safe Commerce. 

11 ‘‘(f) DEFINITION.—In this section, the term ‘Operation 

12 Safe Commerce’ means the research, development, test, and 

13 evaluation grant program that brings together private sec14 tor shareholders, port officials, and Federal, State, and local 

15 representatives to analyze existing security procedures for 

16 cargo and develop new security protocols that have the po17 tential to increase the security of cargo shipments by moni18 toring the movement and integrity of cargo through the 

19 international supply chain. 

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

22 there are authorized to be appropriated $25,000,000 

23 for each of fiscal years 2007 through 2012 to carry 

24 out this section. 


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1 ‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall be 

2 effective beginning on the date on which the Secretary 

3 submits to the appropriate congressional committees a 

4 report on the implementation and results of grants 

5 provided under Operation Safe Commerce before the 

6 date of the enactment of the Security and Account7 ability For Every Port Act. 

8 ‘‘SEC. 1833. DEFINITIONS. 

9 ‘‘In this title, the following definitions apply: 

10 ‘‘(1) AUTOMATED TARGETING SYSTEM.—The 

11 term ‘Automated Targeting System’ means the rules12 based system incorporating intelligence material and 

13 import transaction history, established by U.S. Cus14 toms and Border Protection to target high risk ship15 ments of cargo. 

16 ‘‘(2) EXAMINATION.—The term ‘examination’ 

17 means a physical inspection or the imaging and radi18 ation screening of a conveyance using non-intrusive 

19 inspection (NII) technology, for the presence of con20 traband. 

21 ‘‘(3) INSPECTION.—The term ‘inspection’ means 

22 the comprehensive process used by U.S. Customs and 

23 Border Protection for assessing goods entering the 

24 United States to appraise them for duty purposes, to 

25 detect the presence of restricted or prohibited items, 


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1 and to ensure compliance with all applicable laws. 

2 This process may include screening, conducting an 

3 examination, or conducting a search. 

4 ‘‘(4) INTERNATIONAL SUPPLY CHAIN.—The term 

5 ‘international supply chain’ means the end-to-end 

6 process for shipping goods from a point of origin 

7 overseas to and from the United States. 

8 ‘‘(5) NUCLEAR AND RADIOLOGICAL DETECTION

9 SYSTEM.—The term ‘nuclear and radiological detec10 tion system’ means any technology that is capable of 

11 detecting or identifying nuclear and radiological ma12 terial or explosive devices. 

13 ‘‘(6) SCREENING.—The term ‘screening’ means a 

14 visual or automated review of information about 

15 goods, including manifest or entry documentation ac16 companying a shipment being imported into the 

17 United States, to determine or assess the threat of 

18 such cargo. 

19 ‘‘(7) SEARCH.—The term ‘search’ means an in20 trusive examination in which a container is opened 

21 and its contents are de-vanned and visually inspected 

22 for the presence of misdeclared, restricted, or prohib23 ited items.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents in 

2 section 1(b) of the Homeland Security Act of 2002 (116 

3 Stat. 2135) is amended by adding at the end the following: 

‘‘TITLE XVIII—SECURITY OF THE INTERNATIONAL SUPPLY CHAIN 

‘‘Subtitle A—General Provisions 

‘‘Sec. 1801. Strategic plan to enhance the security of the international supply 

chain. 

‘‘Sec. 1802. Transmission of additional data elements for improved high risk targeting. 

‘‘Sec. 1803. Plan to improve the Automated Targeting System. 

‘‘Sec. 1804. Container standards and verification procedures. 

‘‘Sec. 1805. Container Security Initiative (CSI). 

‘‘Sec. 1806. Information sharing relating to supply chain security cooperation. 

‘‘Subtitle B—Customs-Trade Partnership Against Terrorism (C-TPAT) 

‘‘Sec. 1811. Establishment. 

‘‘Sec. 1812. Eligible entities. 

‘‘Sec. 1813. Minimum requirements. 

‘‘Sec. 1814. Tier one participants. 

‘‘Sec. 1815. Tier two participants. 

‘‘Sec. 1816. Tier three participants. 

‘‘Sec. 1817. Consequences for lack of compliance. 

‘‘Sec. 1818. Validations by third party entities. 

‘‘Sec. 1819. Revalidation. 

‘‘Sec. 1820. Non-containerized cargo. 

‘‘Sec. 1821. Authorization of appropriations. 

‘‘Subtitle C—Miscellaneous Provisions 

‘‘Sec. 1831. Research, development, test, and evaluation efforts in furtherance of 

maritime and cargo security. 

‘‘Sec. 1832. Grants under Operation Safe Commerce. 

‘‘Sec. 1833. Definitions.’’. 

4 (c) EFFECTIVE DATES.—The Secretary of Homeland 

5 Security shall— 

6 (1) submit to the appropriate congressional com7 mittees the report required by section 1801(e)(1) of 

8 the Homeland Security Act of 2002, as added by sub9 section (a), not later than 180 days after the date of 

10 enactment of this Act; 


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1 (2) promulgate regulations under section 1802(b) 

2 of the Homeland Security Act of 2002, as added by 

3 subsection (a), not later than one year after the date 

4 of the enactment of this Act; 

5 (3) develop and implement the plan to improve 

6 the Automated Targeting System under section 

7 1803(a) of the Homeland Security Act of 2002, as 

8 added by subsection (a), not later than 180 days after 

9 the date of the enactment of this Act, 

10 (4) develop the standards and verification proce11 dures described in section 1804(a)(1) of the Homeland 

12 Security Act of 2002, as added by subsection (a), not 

13 later than 180 days after the date of the enactment 

14 of this Act; 

15 (5) begin exercising authority to issue a ‘‘do not 

16 load’’ order to each port designated under CSI pursu17 ant to section 1805(e) of the Homeland Security Act 

18 of 2002, as added by subsection (a), not later than 

19 180 days after the date of the enactment of this Act; 

20 (6) develop the secure electronic data interchange 

21 system under section 1806(b) of the Homeland Secu22 rity Act of 2002, as added by subsection (a), not later 

23 than one year after the date of the enactment of this 

24 Act; 


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1 (7) update guidelines for certifying a C-TPAT 

2 participant’s security measures and supply chain se3 curity practices under section 1814(b) of the Home4 land Security Act of 2002, as added by subsection (a), 

5 not later than 180 days after the date of the enact6 ment of this Act; 

7 (8) develop a schedule and update guidelines for 

8 validating a C-TPAT participant’s security measures 

9 and supply chain security practices under section 

10 1815 of the Homeland Security Act of 2002, as added 

11 by subsection (a), not later than 180 days after the 

12 date of enactment of this Act; 

13 (9) provide appropriate benefits described in 

14 subsection (d) of section 1816 of the Homeland Secu15 rity Act of 2002, as added by subsection (a), to C16 TPAT participants under section 1816 of such Act be17 ginning not later than two years after the date of the 

18 enactment of this Act; and 

19 (10) carry out the pilot program described in 

20 section 1818(f) of the Homeland Security Act of 2002, 

21 as added by subsection (a), beginning not later than 

22 one year after the date of the enactment of this Act 

23 for a duration of not less than a one-year period. 


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1 SEC. 202. NEXT GENERATION SUPPLY CHAIN SECURITY 

2 TECHNOLOGIES. 

3 (a) EVALUATION OF EMERGING TECHNOLOGIES.— 

4 While maintaining the current layered, risk-based approach 

5 to screening, scanning, and inspecting cargo at foreign 

6 ports bound for the United States in accordance with exist7 ing statutory provisions, the Secretary of Homeland Secu8 rity shall evaluate the development of nuclear and radio9 logical detection systems and other inspection technologies 

10 for use at foreign seaports to increase the volume of con11 tainers scanned prior to loading on vessels bound for the 

12 United States. 

13 (b) EMERGING TECHNOLOGY.—Not later than one year 

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

15 shall, having evaluated emerging technologies under sub16 section (a), determine if more capable, commercially avail17 able technology exists, and whether such technology— 

18 (1) has a sufficiently low false alarm rate for use 

19 in the supply chain; 

20 (2) is capable of being deployed and operated at 

21 ports overseas; 

22 (3) is capable of integrating, where necessary, 

23 with existing systems; 

24 (4) does not significantly impact trade capacity 

25 and flow of cargo at foreign or United States ports; 

26 and 


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1 (5) provides an automated notification of ques2 tionable or high-risk cargo as a trigger for further in3 spection by appropriately trained personnel. 

4 (c) CONTINGENT IMPLEMENTATION.—If the Secretary 

5 determines the available technology meets the criteria out6 lined in subsection (b), the Secretary, in cooperation with 

7 the Secretary of State, shall within 180 days of such deter8 mination, seek to secure the cooperation of foreign govern9 ments to initiate and maximize the use of such technology 

10 at foreign ports to scan all cargo possible. 

11 (d) INTERNATIONAL COOPERATION.—If the Secretary 

12 determines that a proposed technology meets the require13 ments of subsection (b), but cannot be implemented as a 

14 result of a foreign government’s refusal to cooperate in the 

15 phased deployment, the Secretary may refuse to accept con16 tainerized cargo from that port. 

17 (e) REPORT.—The Secretary shall submit to the appro18 priate congressional committees on an annual basis a re19 port on the evaluation performed under subsections (a) and 

20 (b), the status of any implementation initiated in accord21 ance with subsection (c), and a detailed assessment of the 

22 level of cooperation of foreign governments, as well as any 

23 actions taken by the Secretary under subsection (d). 

24 (f) DEFINITION.—In this section, the term ‘‘nuclear 

25 and radiological detection system’’ means any technology 


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1 that is capable of detecting or identifying nuclear and radi2 ological material or explosive devices. 

3 SEC. 203. UNIFORM DATA SYSTEM FOR IMPORT AND EX4 PORT INFORMATION. 

5 (a) ESTABLISHMENT.—The President shall establish 

6 and implement a single, uniform data system for the elec7 tronic collection, dissemination, and sharing of import and 

8 export information to increase the efficiency of data submis9 sion and the security of such data related to border security, 

10 trade, and public health and safety of international cargoes. 

11 (b) PRIVATE SECTOR CONSULTATION.—The President 

12 shall consult with private sector stakeholders in developing 

13 uniform data submission requirements, procedures, and 

14 schedules under the system established pursuant to sub15 section (a). 

16 (c) REPORT.—Not later than 120 days after the date 

17 of the enactment of this Act, the President shall transmit 

18 to the appropriate congressional committees a report on the 

19 schedule for full implementation of the system established 

20 pursuant to subsection (a). 

21 (d) RULE OF CONSTRUCTION.—Nothing in this section 

22 shall be construed to prevent any Federal department or 

23 agency from collecting import and export information 

24 under any other provision of law. 


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1 SEC. 204. FOREIGN PORT ASSESSMENTS. 

2 Section 70108 of title 46, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(d) PERIODIC REASSESSMENT.—The Secretary, act5 ing through the Commandant of the Coast Guard, shall re6 assess the effectiveness of antiterrorism measures main7 tained at ports as described under subsection (a) and of 

8 procedures described in subsection (b) not less than every 

9 3 years.’’. 

10 SEC. 205. PILOT PROGRAM TO IMPROVE THE SECURITY OF 

11 EMPTY CONTAINERS. 

12 (a) IN GENERAL.—The Secretary of Homeland Secu13 rity shall conduct a one-year pilot program to evaluate and 

14 improve the security of empty containers at United States 

15 seaports to ensure the safe and secure delivery of cargo and 

16 to prevent potential acts of terrorism involving such con17 tainers. The pilot program shall include the use of visual 

18 searches of empty containers at United States seaports. 

19 (b) REPORT.—Not later than 90 days after the comple20 tion of the pilot program under paragraph (1), the Sec21 retary shall prepare and submit to the appropriate congres22 sional committees a report that contains— 

23 (1) the results of pilot program; and 

24 (2) the determination of the Secretary whether or 

25 not to expand the pilot program. 


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1 SEC. 206. STUDY AND REPORT ON ADVANCED IMAGERY 

2 PILOT PROGRAMS. 

3 (a) STUDY.— 

4 (1) IN GENERAL.—The Secretary of Homeland 

5 Security, in consultation with the Commissioner of 

6 U.S. Customs and Border Protection, shall conduct a 

7 study of the merits of current container inspection 

8 pilot programs which include nuclear or radiological 

9 detection, non-intrusive imagery, and density scan10 ning capabilities. 

11 (2) REQUIREMENTS.—The study required under 

12 paragraph (1) shall include, at a minimum— 

13 (A) an evaluation of the cost, personnel, and 

14 infrastructure required to operate the pilot pro15 grams, as well as the cost, personnel, and infra16 structure required to move the pilot programs 

17 into full-scale deployment to screen all cargo im18 ported from foreign ports; 

19 (B) an evaluation of the cost, personnel, 

20 and infrastructure required by U.S. Customs 

21 and Border Protection to validate the data gen22 erated from the pilot programs; 

23 (C) a summary of best practices and techno24 logical advances of the pilot programs that could 

25 be integrated into the Container Security Initia26 tive and other container security programs; and 


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1 (D) an assessment of the impact of tech2 nology or processes utilized in the pilot programs 

3 on improving cargo operations and security. 

4 (b) REPORT.—Not later than 60 days after the date 

5 of the enactment of this Act, the Secretary shall submit to 

6 the appropriate congressional committees a report that con7 tains— 

8 (1) the results of the study required under sub9 section (a); and 

10 (2) recommendations to improve container secu11 rity programs within the Department of Homeland 

12 Security. 

13 TITLE III—DIRECTORATE FOR 

14 POLICY, PLANNING, AND 

15 INTERNATIONAL AFFAIRS 

16 SEC. 301. ESTABLISHMENT OF DIRECTORATE. 

17 (a) ESTABLISHMENT.—The Homeland Security Act of 

18 2002 (6 U.S.C. 101 et seq.) is amended— 

19 (1) by redesignating title VI as title XIX, and 

20 moving such title so as to appear after title XVIII, as 

21 added by section 201; 

22 (2) by striking the heading for such title and in23 serting the following: 


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1 ‘‘TITLE XIX—MISCELLANEOUS 

2 PROVISIONS’’. 

3 (3) by redesignating section 601 as section 1901; 

4 and 

5 (4) by inserting after title V the following new 

6 title: 

7 ‘‘TITLE VI—POLICY, PLANNING, 

8 AND INTERNATIONAL AFFAIRS 

9 ‘‘SEC. 601. DIRECTORATE FOR POLICY, PLANNING, AND 

10 INTERNATIONAL AFFAIRS. 

11 ‘‘(a) ESTABLISHMENT.—There shall be in the Depart12 ment a Directorate for Policy, Planning, and International 

13 Affairs. 

14 ‘‘(b) UNDER SECRETARY FOR POLICY.— 

15 ‘‘(1) IN GENERAL.—The head of the Directorate 

16 shall be the Under Secretary for Policy, who shall be 

17 appointed by the President. 

18 ‘‘(2) QUALIFICATIONS.—No individual shall be 

19 appointed Under Secretary for Policy under para20 graph (1) unless the individual has, by education and 

21 experience, demonstrated knowledge, ability, and skill 

22 in the fields of policy and strategic planning. 

23 ‘‘(c) RESPONSIBILITIES OF UNDER SECRETARY.— 

24 ‘‘(1) POLICY RESPONSIBILITIES.—Subject to the 

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1 sponsibilities of the Under Secretary for Policy shall 

2 be as follows: 

3 ‘‘(A) To serve as the principal policy advi4 sor to the Secretary. 

5 ‘‘(B) To provide overall direction and su6 pervision of policy development for the programs, 

7 offices, and activities of the Department. 

8 ‘‘(C) To establish and implement a formal 

9 policymaking process for the Department. 

10 ‘‘(D) To analyze, evaluate, and review the 

11 completed, ongoing, and proposed programs of 

12 the Department to ensure they are compatible 

13 with the statutory and regulatory responsibilities 

14 of the Department and with the Secretary’s pri15 orities, strategic plans, and policies. 

16 ‘‘(E) To ensure that the budget of the De17 partment (including the development of future 

18 year budgets and interaction with the Office of 

19 Management and Budget and with Congress) is 

20 compatible with the statutory and regulatory re21 sponsibilities of the Department and with the 

22 Secretary’s priorities, strategic plans, and poli23 cies. 

24 ‘‘(F) To represent the Department in any 

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1 ment to consult with another Federal agency, the 

2 Office of the President, a foreign government, or 

3 any other governmental or private sector entity. 

4 ‘‘(G) To supervise and oversee policy devel5 opment undertaken by the component agencies 

6 and offices of the Department. 

7 ‘‘(2) STRATEGIC PLANNING RESPONSIBILITIES.— 

8 Subject to the direction and control of the Secretary, 

9 the strategic planning responsibilities of the Under 

10 Secretary for Policy shall be as follows: 

11 ‘‘(A) To conduct long-range, strategic plan12 ning for the Department. 

13 ‘‘(B) To prepare national and Department 

14 strategies, as appropriate. 

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

16 facing the Department. 

17 ‘‘(3) INTERNATIONAL RESPONSIBILITIES.—Sub18 ject to the direction and control of the Secretary, the 

19 international responsibilities of the Under Secretary 

20 for Policy shall be as follows: 

21 ‘‘(A) To promote the exchange of informa22 tion and the sharing of best practices and tech23 nology relating to homeland security with na24 tions friendly to the United States, including— 


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1 ‘‘(i) the exchange of information on re2 search and development on homeland secu3 rity technologies; 

4 ‘‘(ii) joint training exercises of first re5 sponders in coordination with the Assistant 

6 Secretary for Grants and Training; and 

7 ‘‘(iii) exchanging expertise and infor8 mation on terrorism prevention, response, 

9 and crisis management. 

10 ‘‘(B) To identify any homeland security-re11 lated area in which the United States and other 

12 nations and appropriate international organiza13 tions could collaborate to improve capabilities 

14 and to encourage the exchange of information or 

15 sharing of best practices and technology relating 

16 to that area. 

17 ‘‘(C) To plan and participate in inter18 national conferences, exchange programs (includ19 ing the exchange of scientists, engineers, and 

20 other experts), and other training activities with 

21 friendly nations 

22 ‘‘(D) To manage international activities 

23 within the Department in coordination with 

24 other Federal officials with responsibility for 

25 counterterrorism matters. 


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1 ‘‘(E) To oversee the activities of Department 

2 personnel operating in other countries or trav3 eling to other countries, 

4 ‘‘(F) To represent the Department in inter5 national negotiations, working groups, and 

6 standards-setting bodies. 

7 ‘‘(4) PRIVATE SECTOR.— 

8 ‘‘(A) To create and foster strategic commu9 nications with the private sector to enhance the 

10 primary mission of the Department to protect 

11 the United States. 

12 ‘‘(B) To advise the Secretary on the impact 

13 on the private sector of the policies, regulations, 

14 processes, and actions of the Department. 

15 ‘‘(C) To create and manage private sector 

16 advisory councils composed of representatives of 

17 industries and associations designated by the 

18 Secretary— 

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

20 sector products, applications, and solutions 

21 as they relate to homeland security chal22 lenges; and 

23 ‘‘(ii) to advise the Secretary on home24 land security policies, regulations, processes, 


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1 and actions that affect the participating in2 dustries and associations. 

3 ‘‘(D) To promote existing public-private 

4 partnerships and develop new public-private 

5 partnerships to provide for collaboration and 

6 mutual support to address homeland security 

7 challenges. 

8 ‘‘(E) To identify private sector resources 

9 and capabilities that could be effective in 

10 supplementing functions of the Department and 

11 State and local governments to prevent or re12 spond to acts of terrorism. 

13 ‘‘(F) To coordinate among the Department’s 

14 operating entities and with the Assistant Sec15 retary for Trade Development of the Department 

16 of Commerce on issues related to the travel and 

17 tourism industries. 

18 ‘‘SEC. 602. OFFICE OF INTERNATIONAL AFFAIRS. 

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

20 the Directorate of Policy, Planning, and International Af21 fairs an Office of International Affairs. The Office shall be 

22 headed by an Assistant Secretary, who shall be appointed 

23 by the Secretary. 

24 ‘‘(b) DUTIES OF THE ASSISTANT SECRETARY.—The 

25 Assistant Secretary shall have the following duties: 


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1 ‘‘(1) To promote information and education ex2 change with nations friendly to the United States in 

3 order to promote sharing of best practices and tech4 nologies relating to homeland security. Such exchange 

5 shall include the following: 

6 ‘‘(A) Exchange of information on research 

7 and development on homeland security tech8 nologies. 

9 ‘‘(B) Joint training exercises of first re10 sponders. 

11 ‘‘(C) Exchange of expertise on terrorism 

12 prevention, response, and crisis management. 

13 ‘‘(2) To identify areas for homeland security in14 formation and training exchange where the United 

15 States has a demonstrated weakness and another 

16 friendly nation or nations have a demonstrated exper17 tise. 

18 ‘‘(3) To plan and undertake international con19 ferences, exchange programs, and training activities. 

20 ‘‘(4) To manage international activities within 

21 the Department in coordination with other Federal 

22 officials with responsibility for counter-terrorism 

23 matters. 


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1 ‘‘SEC. 603. OTHER OFFICES AND OFFICIALS. 

2 ‘‘(a) IN GENERAL.—The Under Secretary for Policy 

3 shall establish the following offices in the Directorate for 

4 Policy, Planning, and International Affairs: 

5 ‘‘(1) The Office of Policy, which shall be admin6 istered by an Assistant Secretary for Policy. 

7 ‘‘(2) The Office of Strategic Plans, which shall be 

8 administered by an Assistant Secretary for Strategic 

9 Plans and which shall include— 

10 ‘‘(A) a Secure Border Initiative Program 

11 Office; and 

12 ‘‘(B) a Screening Coordination and Oper13 ations Office. 

14 ‘‘(3) The Office of the Private Sector, which shall 

15 be administered by an Assistant Secretary for the 

16 Private Sector. 

17 ‘‘(4) The Victim Assistance Officer. 

18 ‘‘(5) The Tribal Security Officer. 

19 ‘‘(6) Such other offices as considered necessary by 

20 the Under Secretary for Policy. 

21 ‘‘(b) DIRECTOR OF CARGO SECURITY POLICY.— 

22 ‘‘(1) IN GENERAL.—There shall be in the Direc23 torate for Policy, Planning, and International Affairs 

24 a Director of Cargo Security Policy (hereinafter in 

25 this section referred to as the ‘Director’), who shall be 


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1 subject to the direction and control of the Under Sec2 retary for Policy. 

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

4 ‘‘(A) advise the Assistant Secretary for Pol5 icy regarding all aspects of Department pro6 grams relating to cargo security; 

7 ‘‘(B) develop Department-wide policies re8 garding cargo security; and 

9 ‘‘(C) coordinate the cargo security policies 

10 and programs of the Department with other Fed11 eral departments and agencies, including by 

12 working with officials of the Department of En13 ergy and the Department of State, as appro14 priate, in negotiating international agreements 

15 relating to cargo security.’’. 

16 (b) CONFORMING AMENDMENTS.—Section 879 of the 

17 Homeland Security Act of 2002 (6 U.S.C. 459) is repealed. 

18 (c) CLERICAL AMENDMENTS.—The table of contents in 

19 section 1(b) of such Act is amended— 

20 (1) by striking the item relating to section 879; 

21 (2) by striking the items relating to title VI and 

22 inserting the following: 

‘‘TITLE VI—POLICY, PLANNING, AND INTERNATIONAL AFFAIRS 

‘‘Sec. 601. Directorate for Policy, Planning, and International Affairs. 

‘‘Sec. 602. Office of International Affairs. 

‘‘Sec. 603. Other offices and officials.’’; 

23 and 


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1 (3) by inserting after the items relating to title 

2 XVIII the following: 

‘‘TITLE XIX—MISCELLANEOUS PROVISIONS 

‘‘Sec. 1901. Treatment of charitable trusts for members of the armed forces of the 

United States and other governmental organizations.’’. 

3 TITLE IV—OFFICE OF DOMESTIC 

4 NUCLEAR DETECTION 

5 SEC. 401. ESTABLISHMENT OF OFFICE. 

6 (a) ESTABLISHMENT.—The Homeland Security Act of 

7 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

8 end the following new title: 

9 ‘‘TITLE XX—OFFICE OF DOMES10 TIC NUCLEAR DETECTION 

11 ‘‘SEC. 2001. DOMESTIC NUCLEAR DETECTION OFFICE. 

12 ‘‘(a) IN GENERAL.—There shall be in the Department 

13 of Homeland Security a Domestic Nuclear Detection Office. 

14 ‘‘(b) PURPOSE.—The purpose of the Office shall be to 

15 protect against the unauthorized importation, possession, 

16 storage, transportation, development, or use of a nuclear ex17 plosive device, fissile material, or radiological material 

18 against the United States. 

19 ‘‘(c) DIRECTOR.—The Office shall be headed by a Di20 rector of Domestic Nuclear Detection, who shall be ap21 pointed by the President from among individuals nomi22 nated by the Secretary. 


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1 ‘‘(d) LIMITATION.—This title shall not be construed to 

2 affect the performance, by directorates and agencies of the 

3 Department other than the Office, of functions that are not 

4 related to detection and prevention of nuclear and radio5 logical terrorism. 

6 ‘‘SEC. 2002. FUNCTIONS OF DIRECTOR OF THE DOMESTIC 

7 NUCLEAR DETECTION OFFICE, GENERALLY. 

8 ‘‘(a) IN GENERAL.—The Secretary shall vest in the Di9 rector the primary responsibility in the Department for— 

10 ‘‘(1) administering all nuclear and radiological 

11 detection and prevention functions and assets of the 

12 Department, including those functions vested in the 

13 Department before the enactment of the Security and 

14 Accountability For Every Port Act; and 

15 ‘‘(2) for coordinating such administration with 

16 nuclear and radiological detection and prevention ac17 tivities of other Federal departments and agencies. 

18 ‘‘(b) TRANSFER OF FUNCTIONS.—The Secretary shall 

19 transfer to the Director the authority to administer, or su20 pervise the administration of, all functions, personnel, as21 sets, and liabilities of all Department programs and 

22 projects relating to nuclear and radiological detection re23 search, development, testing, and evaluation, and nuclear 

24 and radiological detection system acquisition and deploy25 ment, including with respect to functions and assets transVerDate Aug 31 2005 22:29 May 01, 2006 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\H4954.RH H4954

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1 ferred by section 303(1)(B), (C), and (E) and functions, as2 sets, and personnel transferred pursuant to section 2010(c). 

3 ‘‘SEC. 2003. GLOBAL NUCLEAR DETECTION ARCHITECTURE. 

4 ‘‘(a) IN GENERAL.—The Director shall coordinate the 

5 Federal Government’s implementation of a global nuclear 

6 detection architecture. 

7 ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director shall, 

8 under subsection (a)— 

9 ‘‘(1) design a strategy that will guide deploy10 ment of the global nuclear detection architecture; 

11 ‘‘(2) implement the strategy in the United 

12 States; and 

13 ‘‘(3) coordinate Department and Federal inter14 agency efforts to deploy the elements of the global nu15 clear detection architecture outside the United States. 

16 ‘‘(c) RELATIONSHIP TO OTHER DEPARTMENTS AND

17 AGENCIES.—The authority of the Director under this sec18 tion shall not affect an authority or responsibility of any 

19 other department or agency of the Federal Government with 

20 respect to the deployment of nuclear and radiological detec21 tion systems outside the United States under any program 

22 administered by that department or agency. 

23 ‘‘SEC. 2004. RESEARCH AND DEVELOPMENT. 

24 ‘‘(a) IN GENERAL.—The Director shall carry out a re25 search and development program to achieve transVerDate Aug 31 2005 22:29 May 01, 2006 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H4954.RH H4954

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1 formational and evolutionary improvements in detection 

2 capabilities for shielded and unshielded nuclear explosive 

3 devices and radiological dispersion devices. 

4 ‘‘(b) HIGH-RISK PROJECTS.—The program shall in5 clude funding for transformational research and develop6 ment projects that may have a high risk of failure but have 

7 the potential to provide significant benefits. 

8 ‘‘(c) LONG-TERM PROJECTS.—In order to reflect a 

9 long-term commitment to the development of more effective 

10 detection technologies, the program shall include the provi11 sion of funding for projects having a duration of more than 

12 3 years, as appropriate. 

13 ‘‘(d) COORDINATION WITH OTHER FEDERAL PRO14 GRAMS.—The Director shall coordinate implementation of 

15 the program with other Federal agencies performing similar 

16 research and development in order to accelerate the develop17 ment of effective technologies, promote technology sharing, 

18 and to avoid duplication, including through the use of the 

19 interagency coordination council established under section 

20 2013. 

21 ‘‘SEC. 2005. SYSTEM ASSESSMENTS. 

22 ‘‘(a) IN GENERAL.—The Director shall carry out a 

23 program to test and evaluate technology for detecting nu24 clear explosive devices and fissile or radiological material. 


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1 ‘‘(b) PERFORMANCE METRICS.—The Director shall es2 tablish performance metrics for evaluating the effectiveness 

3 of individual detectors and detection systems in detecting 

4 nuclear explosive devices or fissile or radiological mate5 rial— 

6 ‘‘(1) under realistic operational and environ7 mental conditions; and 

8 ‘‘(2) against realistic adversary tactics and 

9 countermeasures. 

10 ‘‘(c) PROVISION OF TESTING SERVICES.— 

11 ‘‘(1) IN GENERAL.—The Director may, under the 

12 program, make available testing services to commer13 cial developers of detection devices. 

14 ‘‘(2) FEES.—The Director may charge fees, as 

15 appropriate, for performance of services under this 

16 subsection. 

17 ‘‘(d) SYSTEM ASSESSMENTS.— 

18 ‘‘(1) IN GENERAL.—The Director shall periodi19 cally perform system-wide assessments of the global 

20 nuclear detection architecture to identify 

21 vulnerabilities and to gauge overall system perform22 ance against nuclear and radiological threats. 

23 ‘‘(2) INCLUDED ACTIVITIES.—The assessments 

24 shall include— 


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1 ‘‘(A) red teaming activities to identify 

2 vulnerabilities and possible modes of attack and 

3 concealment methods; and 

4 ‘‘(B) net assessments to determine architec5 ture performance against adversary tactics and 

6 concealment methods. 

7 ‘‘(3) USE.—The Director shall use the assess8 ments to guide deployment of the global nuclear detec9 tion architecture and the research and development 

10 activities of the Office. 

11 ‘‘SEC. 2006. TECHNOLOGY ACQUISITION, DEPLOYMENT, 

12 SUPPORT, AND TRAINING. 

13 ‘‘(a) ACQUISITION STRATEGY.— 

14 ‘‘(1) IN GENERAL.—The Director shall develop 

15 and, subject to the availability of appropriations, exe16 cute a strategy for the acquisition and deployment of 

17 detection systems in order to implement the Depart18 ment components of the global nuclear detection ar19 chitecture developed under section 2003. 

20 ‘‘(2) USE OF AVAILABLE CONTRACTING PROCE21 DURES.—The Director shall make use of all con22 tracting procedures available to the Secretary to im23 plement the acquisition strategy. 

24 ‘‘(3) DETERMINATION OF QUALIFIED ANTI-TER25 RORISM TECHNOLOGY.—The Director shall make recVerDate Aug 31 2005 22:29 May 01, 2006 Jkt 049200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 E:\BILLS\H4954.RH H4954

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1 ommendations based on the criteria included in sec2 tion 862(b) as to whether the detection systems ac3 quired pursuant to this subsection shall be designated 

4 by the Secretary as anti-terrorism technologies that 

5 qualify for protection under the system of risk man6 agement set forth in subtitle G of title VIII. The Un7 dersecretary for Science and Technology shall consider 

8 the Director’s recommendations and expedite the proc9 ess of determining whether such detection systems 

10 shall be designated as anti-terrorism technologies that 

11 qualify for such protection. 

12 ‘‘(b) DEPLOYMENT.—The Director shall deploy detec13 tion systems for use by Department operational units and 

14 other end-users in implementing the global nuclear detec15 tion architecture. 

16 ‘‘(c) OPERATIONAL SUPPORT AND PROTOCOLS.— 

17 ‘‘(1) OPERATIONAL SUPPORT.—The Director 

18 shall provide operational support for all systems ac19 quired to implement the acquisition strategy devel20 oped under subsection (a). 

21 ‘‘(2) OPERATIONAL PROTOCOLS.—The Director 

22 shall develop operational protocols for detection tech23 nology acquired and deployed to implement the acqui24 sition strategy, including procedures for alarm resolu25 tion and notification of appropriate response agencies 


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1 in the event that illicit nuclear, radioactive, or fissile 

2 materials are detected by such a product or service. 

3 ‘‘(3) TECHNICAL REACHBACK.—The Director will 

4 ensure that the expertise necessary to accurately inter5 pret detection data is made available in a timely 

6 manner for all technology deployed to implement the 

7 global nuclear detection architecture. 

8 ‘‘(d) TRAINING.—The Director shall develop and dis9 tribute training materials and provide training to all end10 users of technology acquired by the Director under the ac11 quisition strategy. 

12 ‘‘(e) SOLICITATION OF END-USER INPUT.—In devel13 oping requirements for the research and development pro14 gram of section 2004 and requirements for the acquisition 

15 of detection systems to implement the strategy in subsection 

16 (a), the Director shall solicit input from end-users of such 

17 systems. 

18 ‘‘(f) STATE AND LOCAL SUPPORT.—Upon request, the 

19 Director shall provide guidance regarding radiation detec20 tion technology acquisitions to be made by State, territorial, 

21 tribal and local governments and emergency response pro22 viders. 

23 ‘‘SEC. 2007. SITUATIONAL AWARENESS. 

24 ‘‘(a) DETECTION INFORMATION.—The Director— 


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1 ‘‘(1) shall continuously monitor detection infor2 mation received from foreign and domestic detection 

3 systems to maintain for the Department a situational 

4 awareness of all nuclear threats; 

5 ‘‘(2) shall gather and archive— 

6 ‘‘(A) detection data measurements taken of 

7 benign activities in the normal flows of com8 merce; and 

9 ‘‘(B) alarm data, including false alarms 

10 and nuisance alarms. 

11 ‘‘(b) INFORMATION SHARING.—The Director shall co12 ordinate with other governmental agencies to ensure that 

13 the detection of unauthorized nuclear explosive devices, 

14 fissile material, or radiological material is promptly re15 ported to all appropriate Federal response agencies includ16 ing the Attorney General, the Director of the Federal Bu17 reau of Investigation, the Secretary of Defense, and the Sec18 retary of Energy. 

19 ‘‘(c) INCIDENT RESOLUTION.—The Director shall as20 sess nuclear threats communicated by Federal, State, tribal, 

21 or local officials and provide adequate technical reachback 

22 capability for swift and effective incident resolution. 

23 ‘‘(d) SECURITY.—The Director shall— 

24 ‘‘(1) develop and implement security standards 

25 and protocols for the control and protection of all 


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1 classified or sensitive information in possession of the 

2 Office; and 

3 ‘‘(2) ensure that relevant personnel of the Office 

4 have the required security clearances to properly han5 dle such information. 

6 ‘‘SEC. 2008. FORENSIC ANALYSIS. 

7 ‘‘The Director shall perform all research, development, 

8 and acquisition activities of the Department pertaining to 

9 forensic analysis and attribution of nuclear and radio10 logical attacks. 

11 ‘‘SEC. 2009. THREAT INFORMATION. 

12 ‘‘(a) THREAT ASSESSMENTS.—The Director shall uti13 lize classified and unclassified nuclear and radiological 

14 threat assessments in designing the global nuclear detection 

15 architecture under section 2003, prioritizing detection sys16 tem deployments, and testing and optimizing system per17 formance of that architecture, including assessments of— 

18 ‘‘(1) smuggling routes; 

19 ‘‘(2) locations of relevant nuclear and radio20 logical material throughout the world; 

21 ‘‘(3) relevant terrorist tradecraft and conceal22 ment methods; 

23 ‘‘(4) relevant nuclear and radiological threat ob24 jects in terms of possible detection signatures. 


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1 ‘‘(b) ACCESS TO INFORMATION.—The Secretary shall 

2 provide the Director access to all information relating to 

3 nuclear and radiological threats, including reports, assess4 ments, analyses, and unevaluated intelligence, that is nec5 essary to successfully design, deploy, and support the oper6 ation of an effective global detection architecture under sec7 tion 1903. 

8 ‘‘(c) ANALYTICAL SUPPORT.—The Director shall re9 quest that the Secretary provide to the Director, pursuant 

10 to section 201(d)(18), the requisite intelligence and infor11 mation analysis support necessary to effectively discharge 

12 the Director’s responsibilities. 

13 ‘‘(d) ANALYTICAL EXPERTISE.—For the purposes of 

14 performing any of the assessments required under sub15 section (a), the Director, subject to the availability of appro16 priations, may hire professional personnel who are analysts 

17 with experience in performing nuclear and radiological 

18 threat assessments. 

19 ‘‘(e) COLLECTION REQUESTS.—The Director shall rec20 ommend to the Secretary consultation that should occur 

21 pursuant to section 201(d)(10) regarding intelligence collec22 tion to design, deploy, and support the operation of the glob23 al detection architecture under section 2003. 


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1 ‘‘SEC. 2010. ADMINISTRATIVE AUTHORITIES. 

2 ‘‘(a) HIRING.—In hiring personnel for the Office, the 

3 Secretary shall have hiring and management authorities 

4 described in section 1101 of the Strom Thurmond National 

5 Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 

6 3104 note; Public Law 105–261). The term of appointments 

7 for employees under subsection (c)(1) of that section may 

8 not exceed 5 years before granting any extension under sub9 section (c)(2) of that section. 

10 ‘‘(b) DETAIL OF PERSONNEL.—In order to assist the 

11 Director in discharging the Director’s responsibilities, per12 sonnel of other Federal agencies may be detailed to the Of13 fice for the performance of analytic functions and related 

14 duties. 

15 ‘‘(c) TRANSFER OF SCIENCE AND TECHNOLOGY FUNC16 TIONS, PERSONNEL, AND ASSETS.— 

17 ‘‘(1) TRANSFER REQUIRED.—Except as provided 

18 in paragraph (2), the Secretary shall transfer to the 

19 Director the functions, assets, and personnel of the 

20 Department relating to radiological and nuclear 

21 countermeasures, including forensics of contaminated 

22 evidence and attack attribution. 

23 ‘‘(2) EXCEPTIONS.—The Secretary shall not 

24 transfer under paragraph (1) functions, assets, and 

25 personnel relating to consequence management and 

26 recovery. 


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1 ‘‘(3) ELIMINATION OF DUPLICATION OF EF2 FORT.—The Secretary shall ensure that to the extent 

3 there are complementary functions vested in the Di4 rectorate of Science and Technology and the Office 

5 with respect to radiological and nuclear counter6 measures, the Under Secretary for Science and Tech7 nology and the Director coordinate the programs they 

8 administer to eliminate duplication and increase in9 tegration opportunities, particularly with respect to 

10 technology development and test and evaluation. 

11 ‘‘SEC. 2011. REPORT REQUIREMENT. 

12 ‘‘The Director shall submit to the appropriate congres13 sional committees an annual report on the following: 

14 ‘‘(1) The global detection strategy developed 

15 under section 2003. 

16 ‘‘(2) The status of implementation of such archi17 tecture. 

18 ‘‘(3) The schedule for future detection system de19 ployments under such architecture. 

20 ‘‘(4) The research and development program of 

21 the Office. 

22 ‘‘(5) A summary of actions taken by the Office 

23 during the reporting period to counter nuclear and 

24 radiological threats. 


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1 ‘‘SEC. 2012. ADVISORY COUNCIL ON NUCLEAR DETECTION. 

2 ‘‘(a) ESTABLISHMENT.—Pursuant to section 871 of 

3 this Act, the Secretary shall establish within the Office an 

4 Advisory Council on Nuclear Detection, which shall report 

5 to the Director (in this section referred to as the ‘Advisory 

6 Council’). 

7 ‘‘(b) FUNCTIONS.—The Advisory Council shall, at the 

8 request of the Director— 

9 ‘‘(1) advise the Director on recommendations for 

10 the global nuclear detection architecture developed 

11 under section 2003(a); 

12 ‘‘(2) identify research areas for development of 

13 next-generation and transformational nuclear and ra14 diological detection technologies; and 

15 ‘‘(3) and have such additional responsibilities as 

16 the Director may assign in furtherance of the Depart17 ment’s homeland security mission with respect to en18 hancing domestic and international nuclear and radi19 ological detection capabilities. 

20 ‘‘(c) MEMBERSHIP.—The Advisory Council shall con21 sist of 5 members appointed by the Director, who shall— 

22 ‘‘(1) be individuals who have an eminent knowl23 edge and technical expertise related to nuclear and 

24 radiological detection research and development and 

25 radiation detection; and 


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1 ‘‘(2) be selected solely on the basis of their estab2 lished record of distinguished service; and 

3 ‘‘(3) not be employees of the Federal Government, 

4 other than employees of National Laboratories. 

5 ‘‘(d) CONFLICT OF INTEREST RULES.—The Advisory 

6 Council shall establish rules for determining when one of 

7 its members has a conflict of interest in a matter being con8 sidered by the Advisory Council, and the appropriate course 

9 of action to address such conflicts of interest. 

10 ‘‘SEC. 2013. INTERAGENCY COORDINATION COUNCIL. 

11 ‘‘The President— 

12 ‘‘(1) shall establish an interagency coordination 

13 council to facilitate interagency cooperation for pur14 poses of implementing this title; 

15 ‘‘(2) shall appoint the Secretary to chair the 

16 interagency coordination council; and 

17 ‘‘(3) may appoint the Attorney General, the Sec18 retary of Energy, the Secretary of State, the Secretary 

19 of Defense, and the heads of other appropriate Federal 

20 agencies to designate members to serve on such coun21 cil. 

22 ‘‘SEC. 2014. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There is authorized to be appropriated to carry out 

24 this title— 

25 ‘‘(1) $536,000,000 for fiscal year 2007; and 


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1 ‘‘(2) such sums as may be necessary for each sub2 sequent fiscal year. 

3 ‘‘SEC. 2015. DEFINITIONS. 

4 ‘‘In this title: 

5 ‘‘(1) The term ‘Director’ means the Director of 

6 the Domestic Nuclear Detection Office. 

7 ‘‘(2) The term ‘fissile materials’ means materials 

8 capable of sustaining a nuclear chain reaction. 

9 ‘‘(3) The term ‘global nuclear detection architec10 ture’ means a multi-layered system of detectors de11 ployed internationally and domestically to detect and 

12 interdict nuclear and radiological materials intended 

13 for illicit use. 

14 ‘‘(4) The term ‘nuclear and radiological detection 

15 system’ means any technology that is capable of de16 tecting or identifying nuclear and radiological mate17 rial or explosive devices. 

18 ‘‘(5) The term ‘Office’ means the Domestic Nu19 clear Detection Office. 

20 ‘‘(6) The term ‘radiological material’ means ma21 terial that emits nuclear radiation. 

22 ‘‘(7) The term ‘nuclear explosive device’ means 

23 an explosive device capable of producing a nuclear 

24 yield. 


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1 ‘‘(8) The term ‘technical reachback’ means tech2 nical expert support provided to operational end users 

3 for data interpretation and alarm resolution. 

4 ‘‘(9) The term ‘transformational’ means that, if 

5 successful, will produce dramatic technological im6 provements over existing capabilities in the areas of 

7 performance, cost, or ease of use.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) Section 103(d) of the Homeland Security Act 

10 of 2002 (6 U.S.C. 113(d)) is amended by adding at 

11 the end the following: 

12 ‘‘(5) A Director of the Domestic Nuclear Detec13 tion Office.’’. 

14 (2) Section 302 of such Act (6 U.S.C. 182) is 

15 amended— 

16 (A) in paragraph (2) by striking ‘‘radio17 logical, nuclear,’’; and 

18 (B) in paragraph (5)(A) by striking ‘‘radio19 logical, nuclear,’’. 

20 (3) Section 305 of such Act (6 U.S.C. 185) is 

21 amended by inserting ‘‘and the Director of the Domes22 tic Nuclear Detection Office’’ after ‘‘Technology’’. 

23 (4) Section 308 of such Act (6 U.S.C. 188) is 

24 amended in each of subsections (a) and (b)(1) by inVerDate Aug 31 2005 22:29 May 01, 2006 Jkt 049200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\H4954.RH H4954

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1 serting ‘‘and the Director of the Domestic Nuclear De2 tection Office’’ after ‘‘Technology’’. 

3 (c) CLERICAL AMENDMENT.—The table of contents in 

4 section 1(b) of the Homeland Security Act of 2002 (116 

5 Stat. 2135) is amended by adding at the end the following: 

‘‘TITLE XX—OFFICE OF DOMESTIC NUCLEAR DETECTION 

‘‘Sec. 2001. Domestic Nuclear Detection Office. 

‘‘Sec. 2002. Functions of Director of the Domestic Nuclear Detection Office, generally. 

‘‘Sec. 2003. Global nuclear detection architecture. 

‘‘Sec. 2004. Research and development. 

‘‘Sec. 2005. System assessments. 

‘‘Sec. 2006. Technology acquisition, deployment, support, and training. 

‘‘Sec. 2007. Situational awareness. 

‘‘Sec. 2008. Forensic analysis. 

‘‘Sec. 2009. Threat information. 

‘‘Sec. 2010. Administrative authorities. 

‘‘Sec. 2011. Report requirement. 

‘‘Sec. 2012. Advisory Council on Nuclear Detection. 

‘‘Sec. 2013. Interagency coordination council. 

‘‘Sec. 2014. Authorization of appropriations. 

‘‘Sec. 2015. Definitions.’’. 

6 SEC. 402. NUCLEAR AND RADIOLOGICAL DETECTION SYS7 TEMS. 

8 (a) DEPLOYMENT.—Not later than September 30, 

9 2007, the Secretary of Homeland Security shall deploy nu10 clear and radiological detection systems at 22 United States 

11 seaports. To the extent feasible, the Secretary shall deploy 

12 the next-generation radiation portal monitors tested in the 

13 pilot program under subsection (d) at such United States 

14 seaports. 

15 (b) STRATEGY.—Not later than 90 days after the date 

16 of the enactment of this Act, the Secretary, acting through 

17 the Director of the Domestic Nuclear Detection Office of the 


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1 Department, shall submit to the appropriate congressional 

2 committees a strategy for the deployment of nuclear and 

3 radiological detection systems at all remaining United 

4 States seaports. 

5 (c) CONTENTS.—The strategy submitted under sub6 section (b) shall include— 

7 (1) a risk-based prioritization of United States 

8 seaports at which nuclear and radiological detection 

9 systems will deployed; 

10 (2) a proposed timeline of when nuclear and ra11 diological detection systems will be deployed at each 

12 of the seaports identified under paragraph (1); 

13 (3) the type of systems to be used at each of the 

14 seaports identified under paragraph (1); 

15 (4) standard operating procedures for examining 

16 containers with such systems; 

17 (5) the Department policy for using nuclear and 

18 radiological detection systems; 

19 (6) a classified annex that details plans for cov20 ert testing; and 

21 (7) a classified annex that outlines the risk-based 

22 prioritization of seaports used under paragraph (1). 

23 (d) SAFETY PLAN.—Not later than 180 days after the 

24 date of the enactment of this Act, the Secretary shall submit 

25 to the appropriate congressional committees a plan that— 


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1 (1) details the health and safety impacts of nu2 clear and radiological detection systems; and 

3 (2) describes the policy of U.S. Customs and 

4 Border Protection for using nuclear and radiological 

5 detection systems. 

6 (e) PILOT PROGRAM.— 

7 (1) IN GENERAL.—Not later than January 1, 

8 2007, the Secretary, acting through the Director of the 

9 Domestic Nuclear Detection Office of the Department, 

10 shall initiate a pilot program to deploy and test the 

11 operational performance of next-generation radiation 

12 portal monitors at one or more United States seaports 

13 with a high-volume of containerized cargo. 

14 (2) REPORT.—Not later than March 31, 2007, 

15 the Secretary shall submit to the appropriate congres16 sional committees a report that contains— 

17 (A) a description of the next-generation ra18 diation portal monitors deployed at United 

19 States seaports under the pilot program; 

20 (B) a description of the operational charac21 teristics of the pilot program at selected United 

22 States seaports; and 

23 (C) an evaluation of the operational per24 formance of the next-generation radiation portal 

25 monitors, including nuisance alarm rates, and a 


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1 description of the standards used in such evalua2 tion. 

3 (f) DEPLOYMENT OF NEXT-GENERATION RADIATION

4 PORTAL MONITORS.— 

5 (1) IN GENERAL.—If the Secretary, acting 

6 through the Director of the Domestic Nuclear Detec7 tion Office of the Department, determines that the 

8 operational performance of the next-generation radi9 ation portal monitors under the pilot program car10 ried out under subsection (e) has met the standards 

11 described subsection (e)(2)(C), the Secretary shall de12 ploy next-generation radiation portal monitors, in 

13 fixed or other configurations, at all United States sea14 ports with a high-volume of containerized cargo to 

15 improve cargo screening capabilities at such seaports 

16 not later than September 30, 2007. 

17 (2) CONGRESSIONAL NOTIFICATION.—If any de18 ployment of next-generation radiation portal mon19 itors is deemed by the Secretary to be operationally 

20 infeasible or would result in ineffective, inefficient, or 

21 otherwise wasteful use of resources, the Secretary shall 

22 notify the appropriate congressional committees and 

23 recommend alternative actions. 

24 (g) ENHANCING OVERSEAS DETECTION CAPABILI25 TIES.—The Secretary, acting through the Director of the 


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118 

•HR 4954 RH 

1 Domestic Nuclear Detection Office of the Department, shall 

2 work with appropriate Federal departments and agencies 

3 to coordinate the installation of nuclear and radiological 

4 detection systems at foreign seaports. 

5 (h) DEFINITIONS.—In this section: 

6 (1) NEXT-GENERATION RADIATION PORTAL MON7 ITORS.—The term ‘‘next-generation radiation portal 

8 monitors’’ means non-intrusive, containerized cargo 

9 examination technologies that possess radionuclide 

10 isotope identification capabilities. 

11 (2) NUCLEAR AND RADIOLOGICAL DETECTION

12 SYSTEM.—The term ‘‘nuclear and radiological detec13 tion system’’ means any technology that is capable of 

14 detecting or identifying nuclear and radiological ma15 terial or explosive devices. 


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cchase on PROD1PC60 with BILLS
Union Calendar No. 250 

109TH CONGRESS 

2D SESSION H. R. 4954 

[Report No. 109

–447] 

A BILL 

To improve maritime and cargo security through 

enhanced layered defenses, and for other purposes. 

MAY 1, 2006 

Committee on Transportation and Infrastructure disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole 


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