I 

109TH CONGRESS 

2D SESSION H. R. 4954 

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 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Security and Accountability For Every Port Act’’ or 

4 ‘‘SAFE Port Act’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Strategic plan. 

Sec. 5. Protocols on the resumption of trade. 

Sec. 6. Improvements to Automated Targeting System. 

Sec. 7. Uniform data for government-wide usage. 

Sec. 8. Employee verification for individuals with access to secure areas of seaports. 

Sec. 9. Director of Cargo Security Policy. 

Sec. 10. Container security standards and verification procedures. 

Sec. 11. Radiation detection and radiation safety. 

Sec. 12. Container Security Initiative. 

Sec. 13. Customs-Trade Partnership Against Terrorism. 

Sec. 14. GreenLane designation. 

Sec. 15. Joint operations centers. 

Sec. 16. Research, development, test, and evaluation. 

Sec. 17. Port security grant program. 

Sec. 18. Authorization of appropriations. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

9 (1) Maritime vessels are the primary mode of 

10 transportation for international trade and they carry 

11 over 80 percent of international trade by volume. 

12 (2) In 2004, maritime vessels carried approxi13 mately 9,700,000 shipping containers into United 

14 States seaports at an average of 27,000 containers 

15 per day. 


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1 (3) The security of the international container 

2 supply chain and the maritime transportation sys3 tem is critical for the prosperity and liberty of all 

4 countries. 

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

6 on Terrorist Attacks Upon the United States noted, 

7 ‘‘While commercial aviation remains a possible tar8 get, terrorists may turn their attention to other 

9 modes of transportation. Opportunities to do harm 

10 are as great, or greater in maritime or surface 

11 transportation.’’. 

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

14 port closures from a detonated terrorist weapon 

15 could add up to $1 trillion from the resulting eco16 nomic slump and changes in our Nation’s inability 

17 to trade. Anticipated port closures on the west coast 

18 of the United States could cost the United States 

19 economy $1 billion per day for the first five days 

20 after a terrorist attack. 

21 (6) Significant steps have been taken since the 

22 terrorist attacks against the United States that oc23 curred on September 11, 2001: 


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

3 14, 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 

11 Security Presidential Directive-13 in September 

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

14 (7) Despite these steps, security gaps in the 

15 maritime transportation system remain, resulting in 

16 high-risk container systems not being checked over17 seas or domestically and ports that are vulnerable to 

18 terrorist attacks similar to the attack on the U.S.S. 

19 Cole. 

20 (8) Significant enhancements can be achieved 

21 by applying a layered approach to supply chain secu22 rity, in a coordinated fashion. Current supply chain 

23 programs within the Federal Government have been 

24 independently operated, often falling short of gains 


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1 which could have been made if such programs were 

2 operated in a coordinated manner. 

3 (9) While it is impossible to completely remove 

4 the risk of a terrorist attack, security measures in 

5 the supply chain can add certainty and stability to 

6 the global economy, raise investor confidence, and 

7 facilitate trade. Some counterterrorism costs are in8 tegral to the price that must be paid to protect soci9 ety. However, counterterrorism measures also 

10 present an opportunity to increase the efficiency of 

11 the global trade system through international har12 monization of such measures. These efficiency gains 

13 are maximized when all countries adopt such 

14 counterterrorism measures. 

15 (10) Increasing transparency in the supply 

16 chain will assist in mitigating the impact of a ter17 rorist attack by allowing for a targeted shutdown of 

18 the international supply chain and expedited restora19 tion of commercial traffic. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 


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1 (A) the Committee on Homeland Security 

2 and the Committee on Appropriations of the 

3 House of Representatives; and 

4 (B) the Committee on Homeland Security 

5 and Governmental Affairs and the Committee 

6 on Appropriations of the Senate. 

7 (2) AUTOMATED TARGETING SYSTEM.—The 

8 term ‘‘Automated Targeting System’’ means the sys9 tem established by U.S. Customs and Border Pro10 tection to assess imports and target those imports 

11 which pose a high risk of containing contraband. 

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

13 the meaning given the term in the International 

14 Convention for Safe Containers, with annexes, done 

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

16 (4) CONTAINER SECURITY DEVICE.—The term 

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

18 to track and monitor containers for, and secure 

19 them against, tampering or compromise throughout 

20 the international supply chain. 

21 (5) CONTAINER SECURITY INITIATIVE; CSI.— 

22 The terms ‘‘Container Security Initiative’’ and 

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

24 12 to identify and examine maritime containers that 


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1 pose a risk for terrorism at foreign ports before they 

2 are shipped to the United States. 

3 (6) CUSTOMS-TRADE PARTNERSHIP AGAINST

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

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

6 mean the voluntary program authorized under sec7 tion 13 to strengthen and improve the overall secu8 rity of the international supply chain and United 

9 States border security. 

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

11 means the Department of Homeland Security. 

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

13 means an inspection of cargo to detect the presence 

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

16 and detection technology. 

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

20 that demonstrate a sustained commitment beyond 

21 the minimum requirements for participation in C– 

22 TPAT. 

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

24 means the comprehensive process used by U.S. Cus25 toms and Border Protection for assessing goods enVerDate Aug 31 2005 02:49 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.IH H4954

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1 tering the United States to appraise them for duty 

2 purposes, to detect the presence of restricted or pro3 hibited items, and to ensure compliance with all ap4 plicable laws. This process may include screening, 

5 conducting an examination, or conducting a search. 

6 (11) INTERNATIONAL SUPPLY CHAIN.—The 

7 term ‘‘international supply chain’’ means the end-to8 end process for shipping goods from a point of ori9 gin overseas to the United States. 

10 (12) OPERATION SAFE COMMERCE.—The term 

11 ‘‘Operation Safe Commerce’’ means the research, de12 velopment, test, and evaluation grant program that 

13 brings together private sector shareholders, port offi14 cials, and Federal, State, and local representatives 

15 to analyze existing security procedures for cargo and 

16 develop new security protocols that have the poten17 tial to increase the security of cargo shipments by 

18 monitoring the movement and integrity of cargo 

19 through the international supply chain. 

20 (13) POINT OF ORIGIN.—The term ‘‘point of 

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

22 which such goods are assembled into the smallest ex23 terior packaging unit for movement through the 

24 international supply chain. 


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1 (14) SCREENING.—The term ‘‘screening’’ 

2 means a visual or automated review of information 

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

5 the United States, to determine or assess the threat 

6 of such cargo. 

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

8 intrusive examination in which a container is opened 

9 and its contents are de-vanned and visually in10 spected for the presence of misdeclared, restricted, 

11 or prohibited items. 

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

13 means the Secretary of Homeland Security. 

14 (17) SMALLEST EXTERIOR PACKAGING UNIT.— 

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

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

17 Code of Federal Regulations (as in effect on the 

18 date of enactment of this Act). 

19 (18) SUPPLY CHAIN VISIBILITY PROCEDURE.— 

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

21 a system or process capable of tracking goods at the 

22 smallest exterior packaging unit level from their 

23 point of origin to the point of loading into a con24 tainer entering the international supply chain. 


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1 (19) TRANSPORTATION SECURITY INCIDENT.— 

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

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

4 46, United States Code. 

5 SEC. 4. STRATEGIC PLAN. 

6 (a) STRATEGIC PLAN.—The Secretary, in consulta7 tion with appropriate Federal, State, local, and tribal gov8 ernment agencies and private sector stakeholders respon9 sible for security matters that affect or relate to the move10 ment of containers through the international supply chain, 

11 shall develop and implement, and update as appropriate, 

12 a strategic plan to enhance the security of the maritime 

13 transportation system. 

14 (b) REQUIREMENTS.—The strategic plan required 

15 under subsection (a) shall— 

16 (1) describe the roles, responsibilities, and au17 thorities of Federal, State, local, and tribal govern18 ment agencies and private sector stakeholders that 

19 relate to the security of the movement of containers 

20 through the international supply chain; 

21 (2) identify and address gaps and unnecessary 

22 overlaps in the roles, responsibilities, or authorities 

23 described in paragraph (1); 

24 (3) identify and make recommendations regard25 ing legislative, regulatory, and organizational 


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1 changes necessary to improve coordination among 

2 the entities or to enhance the security of the inter3 national supply chain; 

4 (4) provide measurable goals, including objec5 tives, mechanisms, and a schedule, for furthering the 

6 security of commercial operations from point of ori7 gin to point of destination; 

8 (5) build on available resources and consider 

9 costs and benefits; 

10 (6) identify mandatory, baseline security goals, 

11 and the minimum container security standards and 

12 verification procedures described in section 10; 

13 (7) provide incentives for additional voluntary 

14 measures to enhance cargo security, as determined 

15 by the Secretary and under the GreenLane Program 

16 under section 14; 

17 (8) include a process for sharing intelligence 

18 and information with private sector stakeholders to 

19 assist in their security efforts; 

20 (9) identify a framework for prudent and meas21 ured response in the event of a transportation secu22 rity incident involving the international supply chain; 

23 (10) provide a plan for the expeditious resump24 tion of the flow of legitimate trade in accordance 

25 with section 5; 


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1 (11) focus on the secure movement of contain2 erized cargo through the international supply chain; 

3 and 

4 (12) expand upon and relate to existing strate5 gies and plans, including the National Strategy for 

6 Maritime Security and the eight supporting plans of 

7 the Strategy, as required by Homeland Security 

8 Presidential Directive-13 (September 2005). 

9 (c) UTILIZATION OF ADVISORY COMMITTEES.—As 

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

11 Secretary is encouraged to utilize the Homeland Security 

12 Advisory Committee, the National Maritime Security Ad13 visory Committee, and the Commercial Operations Advi14 sory Committee to review, as necessary, the draft strategic 

15 plan and any subsequent updates to the strategic plan. 

16 (d) INTERNATIONAL STANDARDS AND PRACTICES.— 

17 In furtherance of the strategic plan required under sub18 section (a), the Secretary is encouraged to consider pro19 posed or established standards and practices of foreign 

20 governments and international organizations, including 

21 the International Maritime Organization, the World Cus22 toms Organization, the International Labor Organization, 

23 and the International Organization for Standardization, 

24 as appropriate, to establish standards and best practices 


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1 for the security of containers moving through the inter2 national supply chain. 

3 (e) REPORT.— 

4 (1) INITIAL REPORT.—Not later than 90 days 

5 after the date of enactment of this Act, the Sec6 retary shall submit to the appropriate congressional 

7 committees a report that contains the strategic plan 

8 required by subsection (a). 

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

10 after the date on which the strategic plan is sub11 mitted under paragraph (1), the Secretary shall sub12 mit to the appropriate congressional committees a 

13 report that contains an update of the strategic plan. 

14 SEC. 5. PROTOCOLS ON THE RESUMPTION OF TRADE. 

15 (a) IN GENERAL.—The Secretary shall develop proto16 cols for the resumption of trade in the event of a transpor17 tation security incident that necessitates the suspension 

18 of trade through contingency and continuity planning that 

19 ensures trade lanes are restored as quickly as possible. 

20 The protocols shall provide for coordination with appro21 priate Federal, State, and local agencies on law enforce22 ment actions, inter-modal rerouting plans, and identifica23 tion and prioritization of goods that may enter the United 

24 States. 


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1 (b) PREFERENCES.—In reestablishing the flow of 

2 cargo through ports of entry in the United States after 

3 a transportation security incident, the Secretary shall give 

4 preference to vessels— 

5 (1) having a vessel security plan approved or 

6 accepted under section 70103(c) of title 46, United 

7 States Code; 

8 (2) entering a port of entry directly from a for9 eign port designated under CSI or from another for10 eign port, as determined by the Secretary; 

11 (3) operated by validated C–TPAT participants; 

12 and 

13 (4) carrying GreenLane designated cargo. 

14 SEC. 6. IMPROVEMENTS TO AUTOMATED TARGETING SYS15 TEM. 

16 (a) PLAN.—Not later than 90 days after the date of 

17 enactment of this Act, the Secretary shall develop and im18 plement a plan for improving the Automated Targeting 

19 System for the identification of high-risk containers mov20 ing through the international supply chain. 

21 (b) CONTENTS.— 

22 (1) TREATMENT OF RECOMMENDATIONS.—The 

23 Secretary shall include in the plan required under 

24 subsection (a) a schedule to implement the rec25 ommendations of the Comptroller General of the 


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1 United States, the Inspector General of the Depart2 ment of the Treasury, and the Inspector General of 

3 the Department with respect to the operation of the 

4 Automated Targeting System. 

5 (2) INFORMATION SUBMISSIONS.—In developing 

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

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

8 (A) requiring additional nonmanifest docu9 mentation for each container, including pur10 chase orders, shipper’s letters of instruction, 

11 commercial invoices, letters of credit, certifi12 cates of origin, advance shipping notices, vessel 

13 stow plans, and certain container status mes14 sages, when created; 

15 (B) reducing the time period allowed by 

16 law for revisions to a container cargo manifest; 

17 (C) reducing the time period allowed by 

18 law for submission of entry data for vessel or 

19 cargo; and 

20 (D) such other actions the Secretary con21 siders beneficial for improving the information 

22 relied upon for the Automated Targeting Sys23 tem and any other targeting systems in fur24 thering the security and integrity of the inter25 national supply chain. 


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1 (3) OUTSIDE REVIEW.—The Secretary shall 

2 conduct, through an independent panel, a review of 

3 the Automated Targeting System. The results of 

4 this review shall be included in the plan required 

5 under subsection (a). 

6 (4) SMART SYSTEM.—The Secretary shall con7 sider future iterations of the Automated Targeting 

8 System, which would incorporate smart features, 

9 such as more complex algorithms and real-time intel10 ligence, instead of relying solely on rule sets that are 

11 periodically updated. 

12 (c) NEW OR EXPANDED INFORMATION SUBMIS13 SIONS.—In considering any new or expanded information 

14 submission requirements, the Secretary shall consult with 

15 stakeholders and identify the need for such information, 

16 and the appropriate timing of its submission, in the plan 

17 required under subsection (a). 

18 (d) SECURE TRANSMISSION OF CERTAIN INFORMA19 TION.—All information required by the Department from 

20 supply chain partners shall be transmitted in a secure 

21 fashion, as determined by the Secretary, so as to protect 

22 the information from unauthorized access. 

23 SEC. 7. UNIFORM DATA FOR GOVERNMENT-WIDE USAGE. 

24 (a) ESTABLISHMENT.—The Secretary, in cooperation 

25 with representatives from appropriate Federal agencies, as 


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1 determined by the Secretary, shall establish and imple2 ment a single, uniform data system for the electronic col3 lection, dissemination, and sharing of import and export 

4 information to increase the efficiency of data submission 

5 and the security of such data related to border security, 

6 trade, and public health and safety of international car7 goes. 

8 (b) PRIVATE SECTOR CONSULTATION.—The Sec9 retary shall consult with private sector stakeholders in de10 veloping uniform data submission requirements, proce11 dures, and schedules under the system established pursu12 ant to subsection (a). 

13 SEC. 8. EMPLOYEE VERIFICATION FOR INDIVIDUALS WITH 

14 ACCESS TO SECURE AREAS OF SEAPORTS. 

15 (a) DEFINITIONS.—In this section, the following defi16 nitions apply: 

17 (1) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Homeland Security acting through 

19 the Assistant Secretary of Homeland Security 

20 (Transportation Security Administration). 

21 (2) TERRORIST WATCH LISTS.—The term ‘‘ter22 rorist watch lists’’ means all available information 

23 on known or suspected terrorist threats. 

24 (b) EMPLOYEE VERIFICATION FOR CURRENT EM25 PLOYEES.— 


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1 (1) SECURITY DIRECTIVE.—Not later than 30 

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

3 Secretary shall issue a security directive requiring 

4 States to submit to the Secretary biographic infor5 mation on each individual employed, as of the date 

6 of issuance of the security directive, in a position in 

7 which the individual has access to a secure area of 

8 a seaport in the United States. 

9 (2) DETERMINATION OF SECURE AREAS.—The 

10 Secretary shall work with the Commandant of the 

11 Coast Guard to determine which areas will be treat12 ed as secure areas for the purposes of this sub13 section. 

14 (3) DEADLINE FOR SUBMISSION OF INFORMA15 TION.—The security directive shall require that 

16 States submit the biographic information by not 

17 later than 30 days after the date of issuance of the 

18 security directive. 

19 (4) COMPARISON OF BIOGRAPHIC INFORMATION

20 AGAINST INFORMATION ON KNOWN OR SUSPECTED

21 TERRORIST THREATS.— 

22 (A) REQUIREMENT.—Not later than 75 

23 days after the date of enactment of this Act, 

24 the Secretary shall compare the biographic inVerDate Aug 31 2005 02:49 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.IH H4954

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1 formation received on each individual against 

2 terrorist watch lists. 

3 (B) LIMITATION.—The Secretary may 

4 omit from any comparison under this subsection 

5 information regarding an individual who has 

6 previously been compared against terrorist 

7 watch lists. 

8 (5) PROCESS.— 

9 (A) MANNER OF COLLECTION AND STOR10 AGE OF INFORMATION.—The Secretary shall 

11 determine the manner in which the biographic 

12 information will be collected and stored. 

13 (B) COSTS OF COMPARISONS.—The Sec14 retary may not charge any fee for conducting 

15 comparisons under this subsection. 

16 (c) EMPLOYEE VERIFICATION FOR FUTURE EMPLOY17 EES.— 

18 (1) REQUIREMENT.—Not later than 75 days 

19 after the date of enactment of this Act, the Sec20 retary shall establish and begin implementing a 

21 process for— 

22 (A) obtaining biographic information on in23 dividuals employed, beginning after the date of 

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1 section (b)(1), in a position described in sub2 section (b)(1); and 

3 (B) comparing the biographic information 

4 on such individuals against all available infor5 mation on known or suspected terrorist threats. 

6 (2) COSTS OF COMPARISONS.—The Secretary 

7 shall determine how to cover costs of comparisons 

8 conducted pursuant to this subsection. 

9 (d) PROHIBITED EMPLOYMENT.—The Secretary 

10 shall specify security factors that are sufficient to prohibit 

11 the employment of an individual in a position described 

12 in subsection (b)(1). 

13 (e) PROTECTIONS FOR INDIVIDUALS.—The Secretary 

14 shall issue regulations to establish protections for individ15 uals subject to comparisons under this section. The protec16 tions shall be substantially equivalent to the protections 

17 for individuals under sections 70105(c)(2), 70105(c)(3), 

18 and 70105(e) of title 46, United States Code. 

19 (f) RESTRICTIONS ON USE AND MAINTENANCE OF

20 INFORMATION.— 

21 (1) RESTRICTION ON DISCLOSURE.—Informa22 tion obtained by the Secretary on an individual 

23 under this section may not be made available to the 

24 public, including the individual’s employer. 


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1 (2) CONFIDENTIALITY; USE.—Any information 

2 constituting grounds for prohibiting the employment 

3 of an individual in a position described in subsection 

4 (b)(1) shall be maintained confidentially by the Sec5 retary and may be used only for making determina6 tions under this section. The Secretary may share 

7 any such information with other Federal law en8 forcement agencies. The Secretary may not share 

9 any such information with an individual’s employer, 

10 except to inform the employer of whether or not the 

11 individual has been prohibited under this section 

12 from employment in a position described in sub13 section (b)(1). 

14 (g) REPORTING.—Not later than 90 days after the 

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

16 to the Committee on Homeland Security of the House of 

17 Representatives and the Committee on Homeland Security 

18 and Governmental Reform of the Senate a report con19 taining information on— 

20 (1) the number of matches made in conducting 

21 comparisons under subsection (b); 

22 (2) the corresponding ports at which the 

23 matches were identified; and 


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1 (3) the actions taken to determine necessary 

2 corrective actions, as well as any corrective actions 

3 taken. 

4 SEC. 9. DIRECTOR OF CARGO SECURITY POLICY. 

5 (a) IN GENERAL.—There shall be in the Department 

6 a Director of Cargo Security Policy (hereinafter in this 

7 section referred to as the ‘‘Director’’). 

8 (b) RESPONSIBILITIES.—The Director shall— 

9 (1) advise the Secretary regarding all aspects of 

10 Department programs relating to cargo security; 

11 (2) develop Department-wide policies regarding 

12 cargo security; and 

13 (3) coordinate the cargo security policies and 

14 programs of the Department with other executive 

15 agencies, including by working with officials of the 

16 Department of State, as appropriate, in negotiating 

17 international agreements relating to cargo security. 

18 SEC. 10. CONTAINER SECURITY STANDARDS AND 

19 VERIFICATION PROCEDURES. 

20 (a) ESTABLISHMENT.— 

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

22 after the date of enactment of this Act, the Sec23 retary shall establish, by regulation, minimum stand24 ards and verification procedures for securing conVerDate Aug 31 2005 02:49 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.IH H4954

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1 tainers in transit to an importer in the United 

2 States. 

3 (2) INFORMATION SOURCES.—The Secretary 

4 shall use information from C–TPAT, Operation Safe 

5 Commerce, any container security program of the 

6 Directorate of Science and Technology, and other se7 curity initiatives to establish the standards and pro8 cedures described in paragraph (1). Such standards 

9 may address operation, technology use, and perform10 ance. 

11 (3) DEADLINE FOR ENFORCEMENT.—Not later 

12 than 2 years after the establishment of standards 

13 and procedures under subsection (a), all containers 

14 bound for ports of entry in the United States shall 

15 meet such standards and procedures. 

16 (b) REVIEW AND ENHANCEMENT.—The Secretary 

17 shall regularly— 

18 (1) review the standards and procedures estab19 lished pursuant to subsection (a); and 

20 (2) enhance the security standards and proce21 dures, as appropriate, based on tests of technologies 

22 as they become commercially available to detect con23 tainer intrusion and the highest consequence threats, 

24 particularly weapons of mass destruction, in accord25 ance with section 15. 


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1 (c) INTERNATIONAL CARGO SECURITY STAND2 ARDS.—The Secretary, in consultation with the Secretary 

3 of State, is encouraged to promote and establish inter4 national standards for the security of containers moving 

5 through the international supply chain with foreign gov6 ernments and international organizations, including the 

7 International Maritime Organization and the World Cus8 toms Organization. 

9 SEC. 11. RADIATION DETECTION AND RADIATION SAFETY. 

10 (a) STRATEGY.—Not later than 90 days after the 

11 date of enactment of this Act, the Secretary, acting 

12 through the Director of the Domestic Nuclear Detection 

13 Office of the Department, shall submit to the appropriate 

14 congressional committees a strategy for the deployment of 

15 radiation detection equipment at all ports of entry. 

16 (b) CONTENTS.—The strategy submitted under sub17 section (a) shall include— 

18 (1) a risk-based prioritization of maritime ports 

19 of entry at which radiation detection equipment will 

20 deployed; 

21 (2) a proposed timeline of when radiation detec22 tion equipment will be deployed at each of the mari23 time ports of entry identified under paragraph (1); 


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1 (3) the type of equipment to be used at each of 

2 the maritime ports of entry identified under para3 graph (1); 

4 (4) standard operating procedures for exam5 ining containers with such equipment; 

6 (5) an evaluation of the environmental health 

7 and safety impacts of nonintrusive inspection tech8 nology; 

9 (6) the Department policy for using nonintru10 sive inspection equipment; 

11 (7) a classified annex that details plans for cov12 ert testing; 

13 (8) a classified annex that outlines the risk14 based prioritization of maritime ports of entry used 

15 under paragraph (1); and 

16 (9) a plan that— 

17 (A) details the health and safety impacts 

18 of nonintrusive inspection technology; and 

19 (B) describes the policy of U.S. Customs 

20 and Border Protection for using nonintrusive 

21 inspection equipment. 

22 SEC. 12. CONTAINER SECURITY INITIATIVE. 

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

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

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


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1 examine maritime containers that pose a risk for terrorism 

2 at foreign ports before the containers are shipped to the 

3 United States. 

4 (b) ASSESSMENT.—Before the Secretary designates 

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

6 with other Federal officials, as appropriate, shall conduct 

7 an assessment of the port to evaluate costs, benefits, and 

8 other factors associated with designation, including— 

9 (1) the level of risk for the potential com10 promise of containers by terrorists or terrorist weap11 ons; 

12 (2) the economic impact of cargo traveling from 

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

14 (3) the results of the Coast Guard assessments 

15 conducted pursuant to section 70108 of title 46, 

16 United States Code; 

17 (4) the capabilities and level of cooperation ex18 pected of the intended host country; 

19 (5) the potential for validation of security prac20 tices by the Department, directly or through cer21 tified third parties within the country in which the 

22 foreign port is located; and 

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

24 cargo traveling from the foreign port. 


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

2 each year in which the Secretary proposes to designate 

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

4 the appropriate congressional committees a report, in clas5 sified or unclassified form, detailing the assessment of 

6 each foreign port the Secretary is considering designating 

7 under CSI. 

8 (d) CURRENT CSI PORTS.—The report under sub9 section (c) shall include an annual assessment justifying 

10 the continuance of each port designated under CSI as of 

11 the date of enactment of this Act. 

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

13 shall not designate a foreign port under CSI unless the 

14 Secretary has completed the assessment required in sub15 section (b) for that port and submitted a report under sub16 section (c) that includes that port. 

17 (f) INSPECTIONS.— 

18 (1) REQUIREMENTS AND PROCEDURES.—The 

19 Secretary shall— 

20 (A) establish technical capability require21 ments and standard operating procedures for 

22 the use of nonintrusive inspection and radiation 

23 detection equipment in conjunction with CSI; 

24 (B) require each port designated under 

25 CSI to operate the equipment in accordance 


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1 with the requirements and procedures estab2 lished under subparagraph (A); and 

3 (C) continually monitor the technologies, 

4 processes, and techniques used to inspect cargo 

5 at ports designated under CSI. 

6 (2) FOREIGN ASSISTANCE.— 

7 (A) IN GENERAL.—The Secretary, in con8 sultation with the Secretary of State, the Sec9 retary of Energy, and other Federal agencies, 

10 shall identify foreign assistance programs that 

11 could facilitate the implementation of cargo se12 curity antiterrorism measures at ports des13 ignated under CSI and foreign ports not des14 ignated under CSI that lack effective 

15 antiterrorism measures. 

16 (B) ACQUISITION.—The Secretary may 

17 lease, loan, or otherwise provide foreign au18 thorities nonintrusive inspection equipment or 

19 radiation detection equipment for examining 

20 conveyances and intermodal shipping containers 

21 at any foreign or domestic port, under such 

22 terms and conditions the Secretary may deter23 mine (including nonreimbursable transfer of 

24 ownership), if provision of such equipment is 

25 determined by the Secretary to help secure and 


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1 facilitate international trade and is in the inter2 ests of the United States. 

3 (C) TRAINING.—The Secretary may pro4 vide training on the use of equipment to domes5 tic or foreign personnel at each port designated 

6 under CSI. 

7 (g) PERSONNEL.—The Secretary shall— 

8 (1) annually assess the personnel needs at each 

9 port designated under CSI; 

10 (2) deploy personnel in accordance with the as11 sessment under paragraph (1); and 

12 (3) consider the potential for remote targeting 

13 to decrease the number of personnel who are de14 ployed at foreign ports. 

15 SEC. 13. CUSTOMS-TRADE PARTNERSHIP AGAINST TER16 RORISM. 

17 (a) IN GENERAL.— 

18 (1) AUTHORIZATION.—The Secretary is author19 ized to establish a voluntary program (to be known 

20 as the ‘‘Customs-Trade Partnership Against Ter21 rorism’’ or ‘‘C–TPAT’’) to strengthen and improve 

22 the overall security of the international supply chain 

23 and United States border security. 

24 (2) GAO RECOMMENDATIONS.—The Secretary 

25 shall address, and to the extent appropriate impleVerDate Aug 31 2005 02:49 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.IH H4954

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1 ment, the recommendations of the C–TPAT pro2 gram that were identified in the Government Ac3 countability Office report entitled ‘‘CARGO SECU4 RITY: Partnership Program Grants Importers Re5 duced Scrutiny with Limited Assurance of Improved 

6 Security’’ (GAO–05–404). 

7 (3) MINIMUM REQUIREMENTS.—The Secretary 

8 shall establish minimum requirements, program 

9 tiers, and program benefits of C–TPAT. 

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

11 land carriers, and other entities in the international supply 

12 chain and intermodal transportation system are eligible to 

13 apply to voluntarily enter into partnerships with the De14 partment. 

15 (c) MINIMUM REQUIREMENTS.—An applicant seek16 ing to participate in C–TPAT shall— 

17 (1) demonstrate a history of moving commerce 

18 in the international supply chain; 

19 (2) conduct an assessment of its supply chains 

20 based upon security criteria established by the Sec21 retary, including— 

22 (A) business partner requirements; 

23 (B) container security; 

24 (C) physical security and access controls; 

25 (D) personnel security; 


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1 (E) procedural security; 

2 (F) security training and threat awareness; 

3 and 

4 (G) information technology security; 

5 (3) implement and maintain security measures 

6 and supply chain security practices meeting security 

7 criteria; and 

8 (4) meet all other requirements established by 

9 the Secretary. 

10 (d) CERTIFICATION.— 

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

12 after the date of enactment of this Act, the Sec13 retary shall update guidelines for certifying a par14 ticipant’s security measures and supply chain secu15 rity practices. 

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

17 offer limited benefits to C–TPAT participants whose 

18 security measures and supply chain security prac19 tices have been certified in accordance with the 

20 guidelines established pursuant to paragraph (1). 

21 (e) VALIDATION.— 

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

23 a participant has been certified under subsection 

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

25 through certified third parties, the security measures 


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1 and supply chain security practices of that partici2 pant. Such validation shall include a visit to foreign 

3 locations utilized by the C–TPAT participant as part 

4 of the supply chain. 

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

6 after the date of enactment of this Act, the Sec7 retary shall update guidelines for validating a par8 ticipant’s security measures and supply chain secu9 rity practices. 

10 (3) CONSEQUENCES FOR FAILED VALIDA11 TION.—If a C–TPAT participant’s security meas12 ures and supply chain security practices fail to meet 

13 validation requirements, the Commissioner of U.S. 

14 Customs and Border Protection may— 

15 (A) deny the participant all benefits under 

16 C–TPAT on a temporary or permanent basis; 

17 or 

18 (B) suspend or expel the participant from 

19 C–TPAT. 

20 (4) RIGHT OF APPEAL.—A C–TPAT partici21 pant described under paragraph (3) may file an ap22 peal with the Secretary of the Commissioner’s deci23 sion under paragraph (3)(A) to deny benefits under 

24 C–TPAT and under paragraph (3)(B) to suspend or 

25 expel the participant from C–TPAT. 


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

2 extend benefits to each participant who has been 

3 validated under this subsection, which may include— 

4 (A) reduced examinations; and 

5 (B) priority processing for searches. 

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

7 process for revalidating C–TPAT participants. Such re8 validation shall occur not less frequently than once during 

9 every 3-year period following validation. 

10 SEC. 14. GREENLANE DESIGNATION. 

11 (a) ESTABLISHMENT.—The Secretary shall establish 

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

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

14 C–TPAT participants that demonstrate a sustained com15 mitment beyond the minimum requirements for participa16 tion in C–TPAT. 

17 (b) BASIC REQUIREMENTS.—Designated GreenLane 

18 participants shall ensure that— 

19 (1) entry data is submitted on shipments before 

20 loading; 

21 (2) cargo is loaded on a vessel with a vessel se22 curity plan approved or accepted under section 

23 70103(c) of title 46, United States Code, or the 

24 International Ship and Port Facility (ISPS) Code; 


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1 (3) container security devices that exceed the 

2 standards and procedures established by the Sec3 retary are utilized; 

4 (4) cargo security practices exceed the security 

5 criteria established by the Secretary beyond the min6 imum requirements for C–TPAT participation under 

7 section 13(c), particularly in the area of access con8 trols; and 

9 (5) cargo complies with any other requirements 

10 determined by the Secretary. 

11 (c) CONTAINERS TRANSHIPPED THROUGH CANADA

12 OR MEXICO UNDER GREENLANE.—Containers entering 

13 the United States under GreenLane at a land border port 

14 of entry shall undergo the equivalent, appropriate level of 

15 inspection and screening for potential compromise by ter16 rorists or terrorist weapons as containers arriving at a 

17 United States port of entry from a foreign port. 

18 (d) CONSEQUENCES FOR LACK OF COMPLIANCE.— 

19 (1) IN GENERAL.—Any participant whose secu20 rity measures and supply chain security practices 

21 have been found by the Secretary to be out of com22 pliance with any requirements of the GreenLane 

23 program shall be denied all benefits under 

24 GreenLane. 


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1 (2) RIGHT OF APPEAL.—GreenLane partici2 pants under paragraph (1) shall have the right to 

3 appeal denial of benefits decisions to the Secretary 

4 and request redesignation under GreenLane. 

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

6 may consider the potential for participation in the 

7 GreenLane Program by importers of non-containerized 

8 cargoes that otherwise meet the requirements under this 

9 section. 

10 (f) POLICIES.— 

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

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

13 consultation with private sector stakeholders, shall 

14 establish— 

15 (A) requirements for supply chain visibility 

16 procedures; 

17 (B) performance standards for container 

18 security devices and protocols for their use; 

19 (C) procedures for overseas screening and 

20 examination of GreenLane containers; and 

21 (D) any other GreenLane Program re22 quirements that the Secretary considers appro23 priate, including requirements building upon se24 curity measures and supply chain security best 


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1 practices contained in the C–TPAT minimum 

2 requirements set forth in section 13(c). 

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

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

5 consultation with the Commercial Operations Advi6 sory Committee, may provide benefits for participa7 tion in the GreenLane Program, which may in8 clude— 

9 (A) the expedited release of GreenLane 

10 cargo into destination ports within the United 

11 States during all threat levels designated by the 

12 Secretary or the Commandant of the Coast 

13 Guard; 

14 (B) reduced or eliminated bonding require15 ments for GreenLane cargo; 

16 (C) preference to vessels (as described in 

17 section 5(b)); 

18 (D) further reduced examinations; 

19 (E) priority processing for examinations; 

20 (F) further reduced scores in the Auto21 mated Targeting System; and 

22 (G) streamlined billing of any customs du23 ties or fees. 


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1 SEC. 15. JOINT OPERATIONS CENTERS. 

2 (a) ESTABLISHMENT.—Not later than three years 

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

4 shall expand existing and establish new joint operations 

5 centers for maritime and cargo security to— 

6 (1) enhance information sharing; 

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

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

11 (b) PARTICIPATION.—The following entities shall 

12 participate in each joint operations center for maritime 

13 and cargo security: 

14 (1) The United States Coast Guard. 

15 (2) U.S. Customs and Border Protection. 

16 (3) U.S. Immigration and Customs Enforce17 ment. 

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

19 (5) The Federal Bureau of Investigation. 

20 (6) Other Federal agencies with a presence at 

21 a particular port, as appropriate, or as otherwise se22 lected by the Secretary. 

23 (7) State, local, and international law enforce24 ment and first responder agencies responsible for the 

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

26 Secretary. 


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•HR 4954 IH 

1 (8) Port authority representatives, maritime ex2 changes, private sector stakeholders, and other enti3 ties subject to an Area Maritime Security Plan, as 

4 selected by the Secretary. 

5 (c) RESPONSIBILITIES.—Each joint operations center 

6 for maritime and cargo security shall— 

7 (1) assist, as appropriate, in the implementa8 tion of maritime transportation security plans devel9 oped under section 70103 of title 46, United States 

10 Code; 

11 (2) implement the transportation security inci12 dent response plans required under section 70104 of 

13 such title; 

14 (3) carry out information sharing activities con15 sistent with those required under section 1016 of the 

16 National Security Intelligence Reform Act of 2004 

17 (6 U.S.C. 485) and the Homeland Security Informa18 tion Sharing Act (6 U.S.C. 481 et seq.); 

19 (4) conduct short- and long-range vessel track20 ing under sections 70114 and 70115 of such title 

21 46, United States Code; and 

22 (5) carry out such other responsibilities as de23 termined by the Secretary. 

24 (d) SECURITY CLEARANCES.—The Secretary shall 

25 sponsor and expedite individuals participating in the joint 


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•HR 4954 IH 

1 operations centers in gaining or maintaining their security 

2 clearances. Through the Captain of the Port, the Sec3 retary may identify key individuals who should participate. 

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

5 Captain of the Port for sponsorship. 

6 (e) SECURITY INCIDENTS.—During a transportation 

7 security incident involving the port, the Coast Guard Cap8 tain of the Port designated by the Commandant of the 

9 Coast Guard in each joint operations center for maritime 

10 security shall act as the incident commander, unless other11 wise directed under the National Response Plan. 

12 (f) IMPLEMENTATION.— 

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

14 after the date of enactment of this Act, the Sec15 retary shall submit to the appropriate congressional 

16 committees an implementation plan for this section. 

17 (2) CONTENTS.—The plan submitted under 

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

20 (A) the location; 

21 (B) the specific participating entities; 

22 (C) the implementation costs; 

23 (D) the necessary resources for operation 

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1 quirements for other agencies and participants; 

2 and 

3 (E) in the case of an existing joint oper4 ations center, the enhancements to such center 

5 that are necessary to meet the requirements of 

6 subsection (d). 

7 SEC. 16. RESEARCH, DEVELOPMENT, TEST, AND EVALUA8 TION. 

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

10 (1) direct research, development, test, and eval11 uation efforts in furtherance of maritime and cargo 

12 security; 

13 (2) encourage the ingenuity of the private sec14 tor in developing and testing technologies and proc15 ess innovations in furtherance of these objectives; 

16 and 

17 (3) evaluate such technologies. 

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

19 the Undersecretary for Science and Technology, in con20 sultation with the Assistant Secretary for Policy, the Di21 rector of Cargo Security Policy, the Director of the Do22 mestic Nuclear Detection Office of the Department, and 

23 the Chief Financial Officer, shall ensure that— 

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

25 efforts funded by the Department in furtherance of 


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•HR 4954 IH 

1 maritime and cargo security are coordinated to avoid 

2 duplication of efforts; and 

3 (2) the results of such efforts are shared 

4 throughout the Department, as appropriate. 

5 (c) OPERATION SAFE COMMERCE.— 

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

7 the date of enactment of this Act, the Secretary 

8 shall initiate grant projects, as part of Operation 

9 Safe Commerce, that— 

10 (A) integrate nonintrusive inspection and 

11 radiation detection equipment with automatic 

12 identification methods for containers, vessels, 

13 and vehicles; 

14 (B) test physical access control protocols 

15 and technologies to include continuous tracking 

16 devices that provide real-time monitoring and 

17 reporting; 

18 (C) create a data sharing network capable 

19 of transmitting data required by entities par20 ticipating in the international supply chain from 

21 every intermodal transfer point to the National 

22 Targeting Center of the Department; and 

23 (D) otherwise further maritime and cargo 

24 security, as determined by the Secretary. 


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1 (2) SUPPLY CHAIN SECURITY FOR SPECIAL

2 CONTAINER AND NONCONTAINERIZED CARGO.—The 

3 Secretary shall consider demonstration projects that 

4 further the security of the international supply chain 

5 for special container cargo, including refrigerated 

6 containers, and noncontainerized cargo, including 

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

8 cargo. 

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

10 of each year, the Secretary shall submit to the ap11 propriate congressional committees a report detailing 

12 the results of Operation Safe Commerce. 

13 (d) GREENLANE TECHNOLOGY.—The Secretary 

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

15 (1) review the technology requirements and 

16 standards established under section 14; and 

17 (2) test future supply chain visibility proce18 dures, container security devices, and other systems 

19 as they become commercially available to track and 

20 secure containers and the smallest exterior pack21 aging units loaded into containers. 

22 SEC. 17. PORT SECURITY GRANT PROGRAM. 

23 (a) GRANTS AUTHORIZED.—The Secretary shall es24 tablish a grant program to allocate Federal financial asVerDate Aug 31 2005 02:49 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.IH H4954

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1 sistance to ports in the United States on the basis of risk 

2 and need. 

3 (b) PRIORITIZATION PROCESS.—In awarding grants 

4 under this section, the Secretary shall conduct an assess5 ment of ports in the United States to develop a 

6 prioritization for awarding grants authorized under sub7 section (a) based upon— 

8 (1) the most current risk assessment available 

9 from the Department; 

10 (2) the national economic and strategic defense 

11 considerations of individual ports; and 

12 (3) any other factors that the Secretary deter13 mines to be appropriate. 

14 (c) APPLICATION.— 

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

16 Area Maritime Transportation Security Plan re17 quired under section 70103(b) of title 46, United 

18 States Code, may submit an application for a grant 

19 under this section, at such time, in such form, and 

20 containing such information and assurances as the 

21 Secretary may require. 

22 (2) MINIMUM STANDARDS FOR PAYMENT OR

23 REIMBURSEMENT.—Each application submitted 

24 under paragraph (1) shall include— 

25 (A) a comprehensive description of— 


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1 (i) the purpose of the project for 

2 which the applicant seeks a grant under 

3 this section and why the applicant needs 

4 the grant; 

5 (ii) the applicability of the project to 

6 the Area Maritime Transportation Security 

7 Plan and other homeland security plans; 

8 (iii) the methodology for coordinating 

9 the project into the security of the greater 

10 port area, as identified in the Area Mari11 time Security Plan; 

12 (iv) any existing cooperation or mu13 tual aid agreements with other port facili14 ties, vessels, organizations, or State, terri15 torial, and local governments as such 

16 agreements relate to port security; and 

17 (v) a capital budget showing how the 

18 applicant intends to allocate and expend 

19 the grant funds; 

20 (B) a determination by the Captain of the 

21 Port that the project— 

22 (i) addresses or corrects port security 

23 vulnerabilities identified by the Coast 

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1 ability assessments approved by the Sec2 retary; and 

3 (ii) helps to ensure compliance with 

4 the Area Maritime Transportation Security 

5 Plan. 

6 (3) PROCEDURAL SAFEGUARDS.—The Sec7 retary, in consultation with the Office of the Inspec8 tor General and the Office of Grants and Training, 

9 shall issue guidelines to establish appropriate ac10 counting, reporting, and review procedures to ensure 

11 that— 

12 (A) grant funds are used for the purposes 

13 for which they were made available; 

14 (B) grantees have properly accounted for 

15 all expenditures of grant funds; and 

16 (C) grant funds not used for such purposes 

17 and amounts not obligated or expended are re18 turned. 

19 (d) USE OF FUNDS.—Grants awarded under this sec20 tion may be used— 

21 (1) to help implement Area Maritime Transpor22 tation Security Plans required under section 

23 70103(b) of title 46, United States Code; 


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1 (2) to remedy port security vulnerabilities iden2 tified through vulnerability assessments approved by 

3 the Secretary; 

4 (3) for non-Federal projects contributing to the 

5 overall security of a port or a system of ports in the 

6 Untied States, as determined by the Secretary; 

7 (4) for the salaries, benefits, overtime com8 pensation, and other costs of additional security per9 sonnel for State and local agencies for activities re10 quired by the Area Maritime Security Plan for a 

11 port area if— 

12 (A) the Secretary increases the threat level 

13 under the Homeland Security Advisory System 

14 to Code Orange or Code Red; 

15 (B) the Commandant of the Coast Guard 

16 raises the Maritime Security level to MARSEC 

17 Level 2 or 3; or 

18 (C) the Secretary otherwise authorizes 

19 such costs; 

20 (5) for the cost of acquisition, operation, and 

21 maintenance of equipment that contributes to the 

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

23 Area Maritime Security Plan, if the need is based 

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1 retary or identified in the Area Maritime Security 

2 Plan; 

3 (6) to conduct vulnerability assessments ap4 proved by the Secretary; 

5 (7) to purchase or upgrade equipment, includ6 ing computer software, to enhance terrorism pre7 paredness; 

8 (8) to conduct exercises to strengthen terrorism 

9 preparedness; 

10 (9) to conduct training for prevention and de11 tection of, preparedness for, response to, or recovery 

12 from attacks involving weapons of mass destruction, 

13 including training in the use of equipment and com14 puter software; 

15 (10) to establish or enhance mechanisms for 

16 sharing terrorism threat information; 

17 (11) for the cost of equipment (including soft18 ware) required to receive, transmit, handle, and 

19 store classified information; 

20 (12) for the protection of critical infrastructure 

21 against potential attack by the addition of barriers, 

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

23 cost of such measures may not exceed the greater 

24 of— 

25 (A) $1,000,000 per project; or 


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•HR 4954 IH 

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; 

4 and 

5 (13) to conduct port-wide exercises to strength6 en emergency preparedness of Federal, State, terri7 torial, and local officials responsible for port secu8 rity, including law enforcement personnel and fire9 fighters and other first responders, in support of the 

10 Area Maritime Security Plan. 

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

12 section may not be used to— 

13 (1) supplant State or local funds for activities 

14 of the type described in subsection (d); 

15 (2) construct buildings or other physical facili16 ties, acquire land; or 

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

19 (f) MULTIPLE PHASE PROJECTS.— 

20 (1) SENSE OF CONGRESS.—It is the sense of 

21 Congress that the Secretary should consider award22 ing grants under this section for projects that span 

23 multiple years. 

24 (2) FUNDING LIMITATION.—Not more than 20 

25 percent of the total grant funds awarded under this 


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•HR 4954 IH 

1 section in any fiscal year may be awarded for 

2 projects that span multiple years. 

3 (g) CONSISTENCY WITH PLANS.—The Secretary 

4 shall ensure that each grant awarded under this section 

5 — 

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

7 consistent and coordinated manner, the applicable 

8 Area Maritime Transportation Security Plan; and 

9 (2) is used to supplement and support any ap10 plicable State or Urban Area Homeland Security 

11 Plan. 

12 (h) 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 

18 area; and 

19 (2) may require cooperative agreements among 

20 users of the port and port facilities with respect to 

21 projects funded under this section. 

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

23 this section shall maintain such records as the Secretary 

24 may require and make such records available for review 

25 and audit by the Secretary, the Comptroller General of 


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1 the United States, or the Inspector General of the Depart2 ment. 

3 SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IMPROVEMENTS TO AUTOMATED TARGETING

5 SYSTEM.—There are authorized to be appropriated 

6 $5,000,000 for each of the fiscal years 2007 through 2012 

7 to carry out the provisions of section 6. 

8 (b) CONTAINER SECURITY INITIATIVE.—There are 

9 authorized to be appropriated $196,000,000 for each of 

10 the fiscal years 2007 through 2012 to carry out the provi11 sions of section 12. 

12 (c) CUSTOMS-TRADE PARTNERSHIP AGAINST TER13 RORISM.—There are authorized to be appropriated 

14 $75,000,000 for each of the fiscal years 2007 through 

15 2012 to carry out the provisions of sections 13 and 14. 

16 (d) JOINT OPERATIONS CENTERS.— 

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

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

19 years 2007 through 2012 to carry out the provisions 

20 of section 15. 

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

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

23 Secretary shall submit to the appropriate congres24 sional committees a budget analysis for imple25 menting the provisions of section 15, including addiVerDate Aug 31 2005 02:49 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.IH H4954

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51 

•HR 4954 IH 

1 tional cost-sharing arrangements with other Federal 

2 departments and other participants involved in the 

3 joint operation centers. 

4 (e) OPERATION SAFE COMMERCE.—There are au5 thorized to be appropriated $25,000,000 for each of fiscal 

6 years 2007 through 2012 to carry out the provisions of 

7 section 16(c). 

8 (f) PORT SECURITY GRANT PROGRAM.— 

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

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

11 2007 through 2012 to carry out the grant program 

12 established under section 17. 

13 (2) SOURCE OF FUNDS.—Amounts authorized 

14 to be appropriated under paragraph (1) shall origi15 nate from duties collected by U.S. Customs and Bor16 der Protection. 

17 (g) OTHER PROVISIONS.—There are authorized to be 

18 appropriated such sums as may be necessary for each of 

19 fiscal years 2007 through 2012 to carry out the provisions 

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

Æ 


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