II 

Calendar No. 432 

109TH CONGRESS 

2D SESSION H. R. 4954 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2006 

Received 

MAY 15, 2006 

Read the first time 

MAY 16, 2006 

Read the second time and placed on the calendar 

AN ACT 

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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

6 ‘‘SAFE Port Act’’. 

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

8 this Act is as follows: 


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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. 

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

Sec. 107. Enhanced crewmember identification. 

Sec. 108. Long-range vessel tracking. 

Sec. 109. 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. 

Subtitle C—Miscellaneous Provisions 

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

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. 

Sec. 127. Center of Excellence for Maritime Domain Awareness. 

Sec. 128. Report on security and trade at United States land ports. 

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. International trade data system. 

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. 

Sec. 207. Report on National Targeting Center. 

Sec. 208. Integrated Container Inspection System Pilot Project. 

TITLE III—DIRECTORATE FOR POLICY, PLANNING, AND 

INTERNATIONAL AFFAIRS 

Sec. 301. Establishment of Directorate. 

Sec. 302. Study and report on customs revenue functions. 

TITLE IV—OFFICE OF DOMESTIC NUCLEAR DETECTION 

Sec. 401. Establishment of Office. 

Sec. 402. Nuclear and radiological detection systems. 


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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 

8 States seaports at an average of 27,000 containers 

9 per day. 

10 (3) The security of the international container 

11 supply chain and the maritime transportation sys12 tem is critical for the prosperity and liberty of all 

13 countries. 

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

15 on Terrorist Attacks Upon the United States noted, 

16 ‘‘While commercial aviation remains a possible tar17 get, terrorists may turn their attention to other 

18 modes of transportation. Opportunities to do harm 

19 are as great, or greater in maritime or surface 

20 transportation.’’. 

21 (5) In May 2002, the Brookings Institution es22 timated that costs associated with United States 

23 port closures from a detonated terrorist weapon 

24 could add up to $1 trillion from the resulting eco25 nomic slump and changes in our Nation’s inability 

26 to trade. Anticipated port closures on the west coast 


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1 of the United States could cost the United States 

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

3 after a terrorist attack. 

4 (6) Significant steps have been taken since the 

5 terrorist attacks against the United States that oc6 curred on September 11, 2001: 

7 (A) Congress passed the Maritime Trans8 portation Security Act of 2002 on November 

9 14, 2002. 

10 (B) The Coast Guard issued a comprehen11 sive set of port security regulations on October 

12 22, 2003. 

13 (C) The International Maritime Organiza14 tion adopted the International Ship and Port 

15 Facility (ISPS) Code in December 2002. 

16 (D) The White House issued Homeland 

17 Security Presidential Directive-13 in September 

18 2005 which lays out requirements for a com19 prehensive maritime security policy. 

20 (7) Through both public and private projects, 

21 the private sector in the United States and overseas 

22 has worked with the Department of Homeland Secu23 rity to improve the security of the movement of 

24 cargo through the international supply chain. 


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1 (8) Despite these steps, security gaps in the 

2 maritime transportation system remain, resulting in 

3 high-risk container systems not being checked over4 seas or domestically and ports that are vulnerable to 

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

6 Cole. 

7 (9) Significant enhancements can be achieved 

8 by applying a multi-layered approach to supply chain 

9 security, in a coordinated fashion. Current supply 

10 chain programs within the Federal Government have 

11 been independently operated, often falling short of 

12 gains which could have been made if such programs 

13 were operated in a coordinated manner with clear 

14 system standards and a framework that creates in15 centives for security investments. 

16 (10) While it is impossible to completely remove 

17 the risk of a terrorist attack, security measures in 

18 the supply chain can add certainty and stability to 

19 the global economy, raise investor confidence, and 

20 facilitate trade. Some counterterrorism costs are in21 tegral to the price that must be paid to protect soci22 ety. However, counterterrorism measures also 

23 present an opportunity to increase the efficiency of 

24 the global trade system through international har25 monization of such measures. These efficiency gains 


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1 are maximized when all countries adopt such 

2 counterterrorism measures. 

3 (11) Increasing transparency in the supply 

4 chain will assist in mitigating the impact of a ter5 rorist attack by allowing for a targeted shutdown of 

6 the international supply chain and expedited restora7 tion of commercial traffic. 

8 (12) International trade is vital to the Nation’s 

9 economy and the well-being and livelihood of United 

10 States citizens. 

11 (13) The Department of Homeland Security’s 

12 missions, including those related to United States 

13 and international borders, involve both building se14 curity for United States citizens and facilitating le15 gitimate trade that is critical to the Nation. 

16 (14) In creating the Department of Homeland 

17 Security, Congress clearly mandated in section 

18 412(b) of the Homeland Security Act of 2002 (6 

19 U.S.C. 212(b)) that the customs revenue functions 

20 described in paragraph (2) of such section shall not 

21 be diminished. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—The term ‘‘appropriate congressional comVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 mittees’’ has the meaning given the term in section 

2 2(2) of the Homeland Security Act of 2002 (6 

3 U.S.C. 101(2)). 

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

5 means the Department of Homeland Security. 

6 (3) INTERNATIONAL SUPPLY CHAIN.—The term 

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

8 process for shipping goods from a point of origin 

9 overseas to and from the United States. 

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

11 the Secretary of Homeland Security. 

12 TITLE I—SECURITY OF UNITED 

13 STATES SEAPORTS 

14 Subtitle A—General Provisions 

15 SEC. 101. DEFINITION OF TRANSPORTATION SECURITY IN16 CIDENT. 

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

18 amended by inserting after ‘‘economic disruption’’ the fol19 lowing ‘‘(other than economic disruption caused by acts 

20 that are unrelated to terrorism and are committed during 

21 a labor strike, demonstration, or other type of labor un22 rest)’’. 

23 SEC. 102. PROTOCOLS FOR RESUMPTION OF TRADE. 

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

25 46, United States Code, is amended— 


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

2 and 

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

4 clause: 

5 ‘‘(ii) The plan required by clause (i) shall in6 clude protocols for the resumption of trade in the 

7 event of a transportation security incident that ne8 cessitates the suspension of trade through contin9 gency and continuity planning that ensures trade 

10 lanes are restored as quickly as possible. The proto11 cols shall be developed by the Secretary, in consulta12 tion with appropriate Federal, State, and local offi13 cials, including the Coast Guard Captain of the Port 

14 involved in the transportation security incident, and 

15 representatives of the maritime industry. The proto16 cols shall provide for— 

17 ‘‘(I) coordination with appropriate Federal, 

18 State, and local agencies, the private sector, 

19 and appropriate overseas entities in developing 

20 such contingency and continuity planning; 

21 ‘‘(II) coordination with appropriate Fed22 eral, State, and local agencies and the private 

23 sector on law enforcement actions, inter-modal 

24 rerouting plans, and identification and 


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1 prioritization of goods that may enter the 

2 United States; and 

3 ‘‘(III) designation of appropriate Federal 

4 officials to work with port authorities to rees5 tablish the flow of cargo by prioritizing ship6 ments based on appropriate factors, including 

7 factors relating to public health, national secu8 rity, and economic need.’’. 

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

10 Security shall develop the protocols described in section 

11 70103(a)(2)(J)(ii) of title 46, United States Code, as 

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

13 date of the enactment of this Act. 

14 SEC. 103. REQUIREMENTS RELATING TO MARITIME FACIL15 ITY SECURITY PLANS. 

16 (a) FACILITY SECURITY PLANS.—Section 

17 70103(c)(3) of title 46, United States Code, is amended— 

18 (1) in subparagraph (F), by striking ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (G), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(H) in the case of a security plan for a facil25 ity, be resubmitted for approval of each change in 


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1 the ownership or operator of the facility that may 

2 substantially affect the security of the facility.’’. 

3 (b) FACILITY SECURITY OFFICERS.—Section 

4 70103(c) of title 46, United States Code, is amended by 

5 adding at the end the following: 

6 ‘‘(8)(A) The Secretary shall require that the qualified 

7 individual having full authority to implement security ac8 tions for a facility described in paragraph (2) shall be a 

9 citizen of the United States. 

10 ‘‘(B) The Secretary may waive the requirement of 

11 subparagraph (A) with respect to an individual if the Sec12 retary determines that it is appropriate to do so based on 

13 a complete background check of the individual and a re14 view of all terrorist watchlists to ensure that the individual 

15 is not identified on any such terrorist watchlist.’’. 

16 (c) FACILITY SECURITY ACCESS.—Section 

17 70103(c)(3)(C)(ii) of title 46, United States Code, is 

18 amended by adding at the end before the semicolon the 

19 following: ‘‘, including access by individuals engaged in the 

20 surface transportation of intermodal containers in or out 

21 of a port facility’’. 

22 SEC. 104. UNANNOUNCED INSPECTIONS OF MARITIME FA23 CILITIES. 

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

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


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1 ‘‘(D) verify the effectiveness of each such facil2 ity security plan periodically, but not less than twice 

3 annually, at least one of which shall be an inspection 

4 of the facility that is conducted without notice to the 

5 facility.’’. 

6 SEC. 105. VERIFICATION OF INDIVIDUALS WITH ACCESS TO 

7 SECURE AREAS OF SEAPORTS. 

8 (a) IMPLEMENTATION OF REQUIREMENTS.—Not9 withstanding any other provision of law, the Secretary of 

10 Homeland Security shall— 

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

12 of proposed rulemaking for regulations required to 

13 implement section 70105 of title 46, United States 

14 Code; 

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

16 final regulations required to implement that section; 

17 and 

18 (3) begin issuing transportation security cards 

19 to individuals at seaports facilities under subsection 

20 (b) of that section in accordance with the schedule 

21 contained in subsection (b)(2) of this section. 

22 (b) TRANSPORTATION SECURITY CARDS.— 

23 (1) MANAGEMENT.—Final regulations issued 

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


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1 management of the system for issuing transportation 

2 security cards. 

3 (2) SCHEDULE FOR ISSUING TRANSPORTATION

4 SECURITY CARDS AT SEAPORTS.— 

5 (A) Not later than May 15, 2007, the Sec6 retary shall begin issuing transportation secu7 rity cards to individuals at the first 25 seaport 

8 facilities listed on the facility vulnerability as9 sessment issued by the Secretary under section 

10 70102 of title 46, United States Code. 

11 (B) Not later than November 15, 2007, 

12 the Secretary shall begin issuing transportation 

13 security cards to individuals at the next 30 sea14 port facilities listed on that assessment. 

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

16 the Secretary shall issue transportation security 

17 cards to individuals at all other seaport facili18 ties. 

19 (c) INTERIM VERIFICATION OF INDIVIDUALS.— 

20 (1) TERRORIST WATCH LIST COMPARISON AND

21 IMMIGRATION RECORDS CHECK.—Not later than 90 

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

23 Secretary shall— 

24 (A) complete a comparison of each indi25 vidual who has unescorted access to a secure 


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1 area of a seaport facility (as designated in an 

2 approved facility security plan in accordance 

3 with section 70103(c) of title 46, United States 

4 Code) against terrorist watch lists to determine 

5 if the individual poses a threat; and 

6 (B) determine whether each such indi7 vidual may be denied admission to the United 

8 States, or removed from the United States, 

9 under the Immigration and Nationality Act (8 

10 U.S.C. 1101 et seq.). 

11 (2) CONTINUING REQUIREMENT.—In the case 

12 of an individual who is given unescorted access to a 

13 secure area of a seaport facility after the date on 

14 which the Secretary completes the requirements of 

15 paragraph (1) and before the date on which the Sec16 retary begins issuing transportation security cards 

17 at the seaport facility, the Secretary shall conduct a 

18 comparison of the individual against terrorist watch 

19 lists and determine whether the individual is lawfully 

20 present in the United States. 

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

22 carry out this subsection, the Secretary shall issue 

23 interim final regulations to require submission to the 

24 Secretary of information necessary to carry out the 

25 requirements of paragraph (1). 


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1 (4) PRIVACY REQUIREMENTS.—Terrorist watch 

2 list comparisons and immigration records checks 

3 under this subsection shall be carried out in accord4 ance with the requirements of section 552a of title 

5 5, United States Code. 

6 (5) RESTRICTIONS ON USE AND MAINTENANCE

7 OF INFORMATION.— 

8 (A) RESTRICTION ON DISCLOSURE.—Infor9 mation obtained by the Secretary in the course 

10 of comparing the individual against terrorist 

11 watch lists under this subsection may not be 

12 made available to the public, including the indi13 vidual’s employer. 

14 (B) CONFIDENTIALITY; USE.—Any infor15 mation constituting grounds for prohibiting the 

16 employment of an individual in a position de17 scribed in paragraph (1)(A) shall be maintained 

18 confidentially by the Secretary and may be used 

19 only for making determinations under this sec20 tion. The Secretary may share any such infor21 mation with appropriate Federal, State, local, 

22 and tribal law enforcement agencies. 

23 (6) TERRORIST WATCH LISTS DEFINED.—In 

24 this subsection, the term ‘‘terrorist watch lists’’ 


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1 means all available information on known or sus2 pected terrorists or terrorist threats. 

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

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

5 to the appropriate congressional committees a report con6 taining information on— 

7 (1) the number of matches made in conducting 

8 terrorist watch list comparisons, and the number of 

9 individuals found to be unlawfully present in the 

10 United States, under subsection (c); 

11 (2) the corresponding seaport facilities at which 

12 the matches and unlawfully present individuals were 

13 identified; and 

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

15 watchlist comparisons and immigration records 

16 checks under subsection (c). 

17 (e) TREATMENT OF INDIVIDUALS RECEIVING HAZ18 ARDOUS MATERIALS ENDORSEMENTS.— 

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

20 determines that the background records check con21 ducted under section 5103a of title 49, United 

22 States Code, and the background records check con23 ducted under section 70105 of title 46, United 

24 States Code, are equivalent, the Secretary shall de25 termine that an individual does not pose a risk warVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 ranting denial of a transportation security card 

2 issued under section 70105 of title 46, United States 

3 Code, if such individual— 

4 (A) has successfully completed a back5 ground records check under section 5103a of 

6 title 49, United States Code; and 

7 (B) possesses a current and valid haz8 ardous materials endorsement in accordance 

9 with section 1572 of title 49, Code of Federal 

10 Regulations. 

11 (2) LIMITATIONS.—Notwithstanding paragraph 

12 (1), the Secretary may deny an individual a trans13 portation security card under section 70105 of title 

14 46, United States Code, if the Secretary has sub15 stantial evidence that the individual poses a risk to 

16 national security. 

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

18 reduce, to the extent practicable, any fees associated 

19 with obtaining a transportation security card under 

20 section 70105 of title 46, United States Code, for 

21 any individual referred to in paragraph (1). 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

24 2007 to carry out this section. 


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1 SEC. 106. CLARIFICATION ON ELIGIBILITY FOR TRANSPOR2 TATION SECURITY CARDS. 

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

4 is amended by inserting ‘‘subparagraph (A), (B), or (D) 

5 of’’ before ‘‘paragraph (1)’’. 

6 SEC. 107. ENHANCED CREWMEMBER IDENTIFICATION. 

7 Section 70111 of title 46, United States Code, is 

8 amended— 

9 (1) in subsection (a) by striking ‘‘The’’ and in10 serting ‘‘Not later than May 15, 2007, the’’; and 

11 (2) in subsection (b) by striking ‘‘The’’ and in12 serting ‘‘Not later than May 15, 2007, the’’. 

13 SEC. 108. LONG-RANGE VESSEL TRACKING. 

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

15 United States Code is amended in the first sentence by 

16 striking ‘‘The Secretary’’ and inserting ‘‘Not later than 

17 April 1, 2007, the Secretary’’. 

18 (b) VOLUNTARY PROGRAM.—The Secretary of Home19 land Security may issue regulations to establish a vol20 untary long-range automated vessel tracking system for 

21 vessels described in section 70115 of title 46, United 

22 States Code, during the period before regulations are 

23 issued under subsection (a) of such section. 


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1 SEC. 109. MARITIME SECURITY COMMAND CENTERS. 

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

3 States Code, is amended by adding at the end the fol4 lowing new section: 

5 ‘‘§ 70122. Maritime security command centers 

6 ‘‘(a) ESTABLISHMENT.—The Secretary, in consulta7 tion with appropriate Federal, State, and local officials, 

8 shall establish an integrated network of virtual and phys9 ical maritime security command centers at appropriate 

10 United States seaports and maritime regions, as deter11 mined by the Secretary, to— 

12 ‘‘(1) enhance information sharing; 

13 ‘‘(2) facilitate day-to-day operational coordina14 tion; and 

15 ‘‘(3) in the case of a transportation security in16 cident, facilitate incident management and response. 

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

18 command center described in subsection (a) shall— 

19 ‘‘(1) be regionally based and utilize where avail20 able the compositional and operational characteris21 tics, facilities and information technology systems of 

22 current operational centers for port and maritime 

23 security and other similar existing facilities and sys24 tems; 


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1 ‘‘(2) be adapted to meet the security needs, re2 quirements, and resources of the seaport and mari3 time region the center will cover; and 

4 ‘‘(3) to the maximum extent practicable, not in5 volve the construction of new facilities, but shall uti6 lize information technology, virtual connectivity, and 

7 existing facilities to create an integrated, real-time 

8 communication and information sharing network. 

9 ‘‘(c) PARTICIPATION.— 

10 ‘‘(1) FEDERAL PARTICIPATION.—The following 

11 entities shall participate in the integrated network of 

12 maritime security command centers described in 

13 subsection (a): 

14 ‘‘(A) The Coast Guard. 

15 ‘‘(B) U.S. Customs and Border Protection. 

16 ‘‘(C) U.S. Immigration and Customs En17 forcement. 

18 ‘‘(D) Other appropriate Federal agencies. 

19 ‘‘(2) STATE AND LOCAL PARTICIPATION.—Ap20 propriate State and local law enforcement agencies 

21 may participate in the integrated network of mari22 time security command centers described in sub23 section (a). 

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

25 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 sec8 tion 1016 of the National Security Intelligence Re9 form Act of 2004 (6 U.S.C. 485) and the Homeland 

10 Security Information Sharing Act (6 U.S.C. 481 et 

11 seq.); 

12 ‘‘(4) conduct short- and long-range vessel track13 ing under sections 70114 and 70115; and 

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

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

17 sponsor and expedite individuals participating in a mari18 time security command center described in subsection (a) 

19 in gaining or maintaining their security clearances. 

20 Through the Captain of the Port, the Secretary may iden21 tify key individuals who should participate. In addition, 

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

23 the Port for sponsorship. 

24 ‘‘(f) SECURITY INCIDENTS.—During a transportation 

25 security incident involving the port, the Coast Guard CapVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 tain of the Port designated by the Commandant of the 

2 Coast Guard in a maritime security command center de3 scribed in subsection (a) shall act as the incident com4 mander, unless otherwise directed by the President. 

5 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to affect the normal command and 

7 control procedures for operational entities in the Depart8 ment, unless so directed by the Secretary. 

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

10 are authorized to be appropriated $60,000,000 for each 

11 of the fiscal years 2007 through 2012 to carry out this 

12 section and section 108(c) of the Security and Account13 ability For Every Port Act.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 701 of title 46, United States 

16 Code, is amended by adding at the end the following: 

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

17 (c) IMPLEMENTATION PLAN AND BUDGET ANAL18 YSIS.—The Secretary of Homeland Security shall submit 

19 to the appropriate congressional committees a plan for the 

20 implementation of section 70122 of title 46, United States 

21 Code, as added by subsection (a), and a budget analysis 

22 for the implementation of such section, including addi23 tional cost-sharing arrangements with other Federal de24 partments and agencies and other participants involved in 

25 the maritime security command centers described in such 


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1 section, not later than 180 days after the date of the en2 actment of this 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 

10 (118 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 as16 sistance to United States seaports on the basis of risk and 

17 need. 

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

19 under this section, the Secretary shall conduct an assess20 ment of United States seaports to develop a prioritization 

21 for awarding grants authorized under subsection (a) based 

22 upon— 

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

24 from the Department; 


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1 ‘‘(2) the national economic and strategic de2 fense considerations of individual ports; and 

3 ‘‘(3) any other factors that the Secretary deter4 mines to be appropriate. 

5 ‘‘(c) APPLICATION.— 

6 ‘‘(1) IN GENERAL.—Any entity or facility sub7 ject to an Area Maritime Transportation Security 

8 Plan required under subsection (b) or (c) of section 

9 70103 of title 46, United States Code, may submit 

10 an application for a grant under this section, at such 

11 time, in such form, and containing such information 

12 and assurances as the Secretary may require. 

13 ‘‘(2) MINIMUM STANDARDS FOR PAYMENT OR

14 REIMBURSEMENT.—Each application submitted 

15 under paragraph (1) shall include— 

16 ‘‘(A) a comprehensive description of— 

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

18 which the applicant seeks a grant under 

19 this section and why the applicant needs 

20 the grant; 

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

22 the Area Maritime Transportation Security 

23 Plan and other homeland security plans; 

24 ‘‘(iii) the methodology for coordi25 nating the project into the security of the 


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1 greater port area, as identified in the Area 

2 Maritime Transportation Security Plan; 

3 ‘‘(iv) any existing cooperation or mu4 tual aid agreements with other port facili5 ties, vessels, organizations, or State, terri6 torial, and local governments as such 

7 agreements relate to port security; and 

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

9 applicant intends to allocate and expend 

10 the grant funds; 

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

12 Port that the project— 

13 ‘‘(i) addresses or corrects port secu14 rity vulnerabilities; and 

15 ‘‘(ii) helps to ensure compliance with 

16 the Area Maritime Transportation Security 

17 Plan. 

18 ‘‘(3) PROCEDURAL SAFEGUARDS.—The Sec19 retary, in consultation with the Office of the Inspec20 tor General and the Office of Grants and Training, 

21 shall issue guidelines to establish appropriate ac22 counting, reporting, and review procedures to ensure 

23 that— 

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

25 for which they were made available; 


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1 ‘‘(B) grantees have properly accounted for 

2 all expenditures of grant funds; and 

3 ‘‘(C) grant funds not used for such pur4 poses and amounts not obligated or expended 

5 are returned. 

6 ‘‘(d) USE OF FUNDS.—Grants awarded under this 

7 section may be used— 

8 ‘‘(1) to help implement Area Maritime Trans9 portation Security Plans required under section 

10 70103(b) of title 46, United States Code, or the ves11 sel or facility security plans required under section 

12 70103(c) of title 46, United States Code; 

13 ‘‘(2) to remedy port security vulnerabilities 

14 identified through vulnerability assessments ap15 proved by the Secretary; 

16 ‘‘(3) for non-Federal projects contributing to 

17 the overall security of a seaport or a system of 

18 United States seaports, as determined by the Sec19 retary; 

20 ‘‘(4) for the salaries, benefits, overtime com21 pensation, and other costs of additional security per22 sonnel for State and local agencies for activities re23 quired by the Area Maritime Transportation Secu24 rity Plan for a seaport area if the Secretary— 


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

2 Homeland Security Advisory System to Code 

3 Orange or Code Red; or 

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

5 MARSEC Level 2 or 3; 

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

7 maintenance of equipment that contributes to the 

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

9 Area Maritime Transportation Security Plan, if the 

10 need is based upon vulnerability assessments ap11 proved by the Secretary or identified in the Area 

12 Maritime Security Plan; 

13 ‘‘(6) to conduct vulnerability assessments ap14 proved by the Secretary; 

15 ‘‘(7) to purchase or upgrade equipment, includ16 ing communications equipment that is interoperable 

17 with Federal, State, and local agencies and com18 puter software, to enhance terrorism preparedness; 

19 ‘‘(8) to conduct exercises or training for preven20 tion and detection of, preparedness for, response to, 

21 or recovery from terrorist attacks; 

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

23 sharing terrorism threat information and to ensure 

24 that the mechanisms are interoperable with Federal, 

25 State, and local agencies; 


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1 ‘‘(10) for the cost of equipment (including soft2 ware) required to receive, transmit, handle, and 

3 store classified information; 

4 ‘‘(11) for the protection of critical infrastruc5 ture against potential attack by the addition of bar6 riers, fences, gates, and other such devices, except 

7 that the cost of such measures may not exceed the 

8 greater of— 

9 ‘‘(A) $1,000,000 per project; or 

10 ‘‘(B) such greater amount as may be ap11 proved by the Secretary, which may not exceed 

12 10 percent of the total amount of the grant; 

13 ‘‘(12) to conduct port-wide exercises to 

14 strengthen emergency preparedness of Federal, 

15 State, territorial, and local officials responsible for 

16 port security, including law enforcement personnel 

17 and firefighters and other first responders, in sup18 port of the Area Maritime Security Plan; and 

19 ‘‘(13) for the purpose of enhancing supply-chain 

20 security at truck inspection stations in or near high 

21 volume seaports in coordination with States and 

22 local government. 

23 ‘‘(e) REIMBURSEMENT OF COSTS.—An applicant for 

24 a grant under this section may petition the Secretary for 

25 the reimbursement of the cost of any activity relating to 


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1 prevention (including detection) of, preparedness for, re2 sponse to, or recovery from acts of terrorism that is a Fed3 eral duty and usually performed by a Federal agency, and 

4 that is being performed by a State or local government 

5 (or both) under agreement with a Federal agency. 

6 ‘‘(f) PROHIBITED USES.—Grants awarded under this 

7 section may not be used to— 

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

9 of the type described in subsection (d); 

10 ‘‘(2) construct buildings or other physical facili11 ties; 

12 ‘‘(3) acquire land; or 

13 ‘‘(4) make any State or local government cost14 sharing contribution. 

15 ‘‘(g) MATCHING REQUIREMENT.— 

16 ‘‘(1) IN GENERAL.—Except as provided in sub17 paragraph (A) or (B) of paragraph (2), Federal 

18 funds for any eligible project under this section shall 

19 not exceed 75 percent of the total cost of such 

20 project. 

21 ‘‘(2) EXCEPTIONS.— 

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

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

24 a project with a total cost of not more than 

25 $25,000. 


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1 ‘‘(B) HIGHER LEVEL OF FEDERAL SUP2 PORT REQUIRED.—The requirement of para3 graph (1) shall not apply with respect to a 

4 project if the Secretary determines that the 

5 project merits support and cannot be under6 taken without a higher rate of Federal support 

7 than the rate described in paragraph (1). 

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

9 of a grant under this section may meet the require10 ment of paragraph (1) by making in-kind contribu11 tions of goods or services that are directly linked 

12 with the purpose for which the grant is made, as de13 termined by the Secretary, including any necessary 

14 personnel expenses, contractor services, administra15 tive costs, equipment, fuel, or maintenance, and 

16 rental space. 

17 ‘‘(h) MULTIPLE PHASE PROJECTS.— 

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

19 grants under this section for projects that span mul20 tiple years. 

21 ‘‘(2) FUNDING LIMITATION.—Not more than 20 

22 percent of the total grant funds awarded under this 

23 section in any fiscal year may be awarded for 

24 projects that span multiple years. 


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1 ‘‘(i) CONSISTENCY WITH PLANS.—The Secretary 

2 shall ensure that each grant awarded under this section— 

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

4 consistent and coordinated manner, the applicable 

5 Area Maritime Transportation Security Plan; and 

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

7 Urban Area Homeland Security Plan. 

8 ‘‘(j) COORDINATION AND COOPERATION.—The Sec9 retary— 

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

11 grant funding under this section within any area de12 fined in an Area Maritime Transportation Security 

13 Plan are coordinated with other projects in such 

14 area; and 

15 ‘‘(2) may require cooperative agreements among 

16 users of the seaport and seaport facilities with re17 spect to projects funded under this section. 

18 ‘‘(k) REVIEW AND AUDITS.—The Secretary shall re19 quire all grantees under this section to maintain such 

20 records as the Secretary may require and make such 

21 records available for review and audit by the Secretary, 

22 the Comptroller General of the United States, or the In23 spector General of the Department. 

24 ‘‘(l) QUARTERLY REPORTS REQUIRED AS A CONDI25 TION OF HOMELAND SECURITY GRANTS.— 


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1 ‘‘(1) EXPENDITURE REPORTS REQUIRED.—As a 

2 condition of receiving a grant under this section, the 

3 Secretary shall require the grant recipient to submit 

4 quarterly reports to the Secretary that describe each 

5 expenditure made by the recipient using grant funds. 

6 ‘‘(2) DEADLINE FOR REPORTS.—Each report 

7 required under paragraph (1) shall be submitted not 

8 later than 30 days after the last day of a fiscal quar9 ter and shall describe expenditures made during that 

10 fiscal quarter. 

11 ‘‘(3) PUBLICATION OF EXPENDITURES.— 

12 ‘‘(A) IN GENERAL.—Not later than one 

13 week after receiving a report under this sub14 section, the Secretary shall publish and make 

15 publicly available on the Internet website of the 

16 Department a description of each expenditure 

17 described in the report. 

18 ‘‘(B) WAIVER.—The Secretary may waive 

19 the requirement of subparagraph (A) if the Sec20 retary determines that it is in the national secu21 rity interests of the United States to do so. 

22 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

25 2007 through 2012 to carry out this section. 


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

2 to be appropriated under paragraph (1) shall origi3 nate from duties collected by U.S. Customs and Bor4 der Protection.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

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

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

8 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.’’. 

9 (c) REPEAL.— 

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

11 United States Code, is hereby repealed. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 701 of title 46, 

14 United States Code, is amended by striking the item 

15 relating to section 70107. 

16 SEC. 112. PORT SECURITY TRAINING PROGRAM. 

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

18 Homeland Security Act of 2002 (6 U.S.C. 361) is amend19 ed by adding at the end the following new section: 

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

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

22 the Assistant Secretary for Grants and Training and in 

23 coordination with components of the Department with 


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1 maritime security expertise, including the Coast Guard, 

2 the Transportation Security Administration, and U.S. 

3 Customs and Border Protection, shall establish a Port Se4 curity Training Program (hereinafter in this section re5 ferred to as the ‘Program’) for the purpose of enhancing 

6 the capabilities of each of the Nation’s commercial sea7 ports to prevent, prepare for, respond to, mitigate against, 

8 and recover from threatened or actual acts of terrorism, 

9 natural disasters, and other emergencies. 

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

11 validated training that— 

12 ‘‘(1) reaches multiple disciplines, including Fed13 eral, State, and local government officials, commer14 cial seaport personnel and management, and govern15 mental and nongovernmental emergency response 

16 providers; 

17 ‘‘(2) provides training at the awareness, per18 formance, and management and planning levels; 

19 ‘‘(3) utilizes multiple training mediums and 

20 methods, including— 

21 ‘‘(A) direct delivery; 

22 ‘‘(B) train-the-trainer; 

23 ‘‘(C) computer-based training; 

24 ‘‘(D) web-based training; and 

25 ‘‘(E) video teleconferencing; 


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

2 ‘‘(A) seaport security plans and proce3 dures, including how security plans and proce4 dures are adjusted when threat levels increase; 

5 ‘‘(B) seaport security force operations and 

6 management; 

7 ‘‘(C) physical security and access control 

8 at seaports; 

9 ‘‘(D) methods of security for preventing 

10 and countering cargo theft; 

11 ‘‘(E) container security; 

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

13 dangerous substances, and devices; 

14 ‘‘(G) operation and maintenance of secu15 rity equipment and systems; 

16 ‘‘(H) security threats and patterns; 

17 ‘‘(I) security incident procedures, including 

18 procedures for communicating with govern19 mental and nongovernmental emergency re20 sponse providers; and 

21 ‘‘(J) evacuation procedures; 

22 ‘‘(5) is consistent with, and supports implemen23 tation of, the National Incident Management Sys24 tem, the National Response Plan, the National In25 frastructure Protection Plan, the National PreparedVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 ness Guidance, the National Preparedness Goal, and 

2 other such national initiatives; 

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

4 performance measures; 

5 ‘‘(7) addresses security requirements under fa6 cility security plans; and 

7 ‘‘(8) educates, trains, and involves populations 

8 of at-risk neighborhoods around ports, including 

9 training on an annual basis for neighborhoods to 

10 learn what to be watchful for in order to be a ‘cit11 izen corps’, if necessary. 

12 ‘‘(c) NATIONAL VOLUNTARY CONSENSUS STAND13 ARDS.—The Secretary shall— 

14 ‘‘(1) support the development, promulgation, 

15 and regular updating as necessary of national vol16 untary consensus standards for port security train17 ing; and 

18 ‘‘(2) ensure that the training provided under 

19 this section is consistent with such standards. 

20 ‘‘(d) TRAINING PARTNERS.—In developing and deliv21 ering training under the Program, the Secretary shall— 

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

23 academic institutions, private organizations, em24 ployee organizations, and other entities that provide 

25 specialized, state-of-the-art training for governVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 mental and nongovernmental emergency responder 

2 providers or commercial seaport personnel and man3 agement; and 

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

5 provided by community colleges, public safety acad6 emies, State and private universities, and other fa7 cilities. 

8 ‘‘(e) CONSULTATION.—The Secretary shall ensure 

9 that, in carrying out the Program, the Office of Grants 

10 and Training shall consult with— 

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

12 of governmental and nongovernmental emergency re13 sponse providers; and 

14 ‘‘(2) commercial seaport personnel and manage15 ment. 

16 ‘‘(f) COMMERCIAL SEAPORT PERSONNEL DE17 FINED.—For purposes of this section, the term ‘commer18 cial seaport personnel’ means any person engaged in an 

19 activity relating to the loading or unloading of cargo, the 

20 movement or tracking of cargo, the maintenance and re21 pair of intermodal equipment, the operation of cargo-re22 lated equipment (whether or not integral to the vessel), 

23 and the handling of mooring lines on the dock when a ves24 sel is made fast or let go, in the United States or the 

25 coastal waters thereof.’’. 


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

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

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

4 to section 801 the following: 

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

5 (c) VESSEL AND FACILITY SECURITY PLANS.—Sec6 tion 70103(c)(3) of title 46, United States Code, is 

7 amended— 

8 (1) in subparagraph (E), by striking ‘‘the train9 ing, periodic unannounced drills, and’’; 

10 (2) by redesignating subparagraphs (F) and 

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

12 (3) by inserting after subparagraph (E) the fol13 lowing new subparagraph: 

14 ‘‘(F) provide a strategy and timeline for con15 ducting training and periodic unannounced drills for 

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

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

18 practicable, a transportation security incident or a 

19 substantial threat of such a transportation security 

20 incident;’’. 

21 SEC. 113. PORT SECURITY EXERCISE PROGRAM. 

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

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

24 amended by section 112, is further amended by adding 

25 at the end the following new section: 


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

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

3 the Assistant Secretary for Grants and Training, shall es4 tablish a Port Security Exercise Program (hereinafter in 

5 this section referred to as the ‘Program’) for the purpose 

6 of testing and evaluating the capabilities of Federal, State, 

7 local, and foreign governments, commercial seaport per8 sonnel and management, governmental and nongovern9 mental emergency response providers, the private sector, 

10 or any other organization or entity, as the Secretary deter11 mines to be appropriate, to prevent, prepare for, mitigate 

12 against, respond to, and recover from acts of terrorism, 

13 natural disasters, and other emergencies at commercial 

14 seaports. 

15 ‘‘(b) REQUIREMENTS.—The Secretary, acting 

16 through the Assistant Secretary for Grants and Training 

17 and in coordination with components of the Department 

18 with maritime security expertise, including the Coast 

19 Guard, the Transportation Security Administration, and 

20 U.S. Customs and Border Protection, shall ensure that the 

21 Program— 

22 ‘‘(1) consolidates all existing port security exer23 cise programs administered by the Department; 

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

25 exercises at commercial seaports that are— 


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1 ‘‘(A) scaled and tailored to the needs of 

2 each port; 

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

4 ports; 

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

6 on current risk assessments, including credible 

7 threats, vulnerabilities, and consequences; 

8 ‘‘(D) consistent with the National Incident 

9 Management System, the National Response 

10 Plan, the National Infrastructure Protection 

11 Plan, the National Preparedness Guidance, the 

12 National Preparedness Goal, and other such na13 tional initiatives; 

14 ‘‘(E) evaluated against clear and consistent 

15 performance measures; 

16 ‘‘(F) assessed to learn best practices, 

17 which shall be shared with appropriate Federal, 

18 State, and local officials, seaport personnel and 

19 management; governmental and nongovern20 mental emergency response providers, and the 

21 private sector; and 

22 ‘‘(G) followed by remedial action in re23 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.— 

11 The 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 

20 Program; 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 

25 under section 512, the Secretary shall give additional conVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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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 

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

5 and 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 DE12 FINED.—For purposes of this section, the term ‘commer13 cial seaport personnel’ means any person engaged in an 

14 activity relating to the loading or unloading of cargo, the 

15 movement or tracking of cargo, the maintenance and re16 pair of intermodal equipment, the operation of cargo-re17 lated equipment (whether or not integral to the vessel), 

18 and the handling of mooring lines on the dock when a ves19 sel is made fast or let go, in the United States or the 

20 coastal waters thereof.’’. 

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

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

23 Stat. 2135), as amended by section 112, is further amend24 ed by inserting after the item relating to section 802 the 

25 following: 

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


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1 Subtitle C—Miscellaneous 

2 Provisions 

3 SEC. 121. INCREASE IN PORT OF ENTRY INSPECTION OFFI4 CERS. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity shall increase by not less than 200 the number of posi7 tions for full-time active duty port of entry inspection offi8 cers of the Department of Homeland Security for each of 

9 the fiscal years 2007 through 2012. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary to carry 

12 out subsection (a) the following amounts for the following 

13 fiscal years: 

14 (1) $20,000,000 for fiscal year 2007. 

15 (2) $40,000,000 for fiscal year 2008. 

16 (3) $60,000,000 for fiscal year 2009. 

17 (4) $80,000,000 for fiscal year 2010. 

18 (5) $100,000,000 for fiscal year 2011. 

19 (6) $120,000,000 for fiscal year 2012. 

20 SEC. 123. BORDER PATROL UNIT FOR UNITED STATES VIR21 GIN ISLANDS. 

22 Not later than 180 days after the date of the enact23 ment of this Act, the Secretary of Homeland Security shall 

24 establish at least one Border Patrol unit for the Virgin 

25 Islands 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 enact4 ment of this Act, the Secretary of Homeland Security shall 

5 submit to the appropriate congressional committees a re6 port that contains— 

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

8 leases, operates, manages, or owns real property or 

9 facilities at each United States seaport; and 

10 (2) any other information that the Secretary 

11 determines 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 oper16 ations at the ten United States seaports that load and un17 load the 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 

20 to the appropriate congressional committees a report on 

21 the 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 enact26 ment of this Act, the Secretary of Homeland Security shall 


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1 submit to the appropriate congressional committees a re2 port on the impact of implementing the requirements of 

3 section 231 of the Immigration and Nationality Act (8 

4 U.S.C. 1221) (relating to providing United States border 

5 officers with arrival and departure manifests) with respect 

6 to commercial vessels that are fewer than 300 gross tons 

7 and operate exclusively between the territorial waters of 

8 the United States Virgin Islands and the territorial waters 

9 of the British Virgin Islands. 

10 SEC. 127. CENTER OF EXCELLENCE FOR MARITIME DOMAIN 

11 AWARENESS. 

12 (a) ESTABLISHMENT.—The Secretary of the Home13 land Security shall establish a university-based Center for 

14 Excellence for Maritime Domain Awareness following the 

15 merit-review processes and procedures that have been es16 tablished by the Secretary for selecting university program 

17 centers of excellence. 

18 (b) DUTIES.—The Center shall— 

19 (1) prioritize its activities based on the ‘‘Na20 tional Plan to Improve Maritime Domain Aware21 ness’’ published by the Department of Homeland Se22 curity in October 2005; 

23 (2) recognize the extensive previous and ongo24 ing work and existing competence in the field of 

25 maritime domain awareness at numerous academic 


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1 and research institutions, such as the Naval Post2 graduate School; 

3 (3) leverage existing knowledge and continue 

4 development of a broad base of expertise within aca5 demia and industry in maritime domain awareness; 

6 and 

7 (4) provide educational, technical, and analyt8 ical assistance to Federal agencies with responsibil9 ities for maritime domain awareness, including the 

10 Coast Guard, to focus on the need for interoper11 ability, information sharing, and common informa12 tion technology standards and architecture. 

13 SEC. 128. REPORT ON SECURITY AND TRADE AT UNITED 

14 STATES LAND PORTS. 

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

16 shall conduct a study on the challenges to balance the need 

17 for greater security while maintaining the efficient flow 

18 of trade at United States land ports. 

19 (b) REPORT.—Not later than 180 days after the date 

20 of the enactment of this Act, the Secretary shall submit 

21 to the appropriate congressional committees a report on 

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


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1 TITLE II—SECURITY OF THE 

2 INTERNATIONAL SUPPLY CHAIN 

3 SEC. 201. SECURITY OF THE INTERNATIONAL SUPPLY 

4 CHAIN. 

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

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

7 end the following new title: 

8 ‘‘TITLE XVIII—SECURITY OF THE 

9 INTERNATIONAL SUPPLY CHAIN 

10 ‘‘Subtitle A—General Provisions 

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

12 OF THE INTERNATIONAL SUPPLY CHAIN. 

13 ‘‘(a) STRATEGIC PLAN.—The Secretary, in consulta14 tion with appropriate Federal, State, local, and tribal gov15 ernment agencies and private sector stakeholders respon16 sible for security matters that affect or relate to the move17 ment of containers through the international supply chain, 

18 shall develop and implement, and update as appropriate, 

19 a strategic plan to enhance the security of the inter20 national supply chain. 

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

22 under subsection (a) shall— 

23 ‘‘(1) describe the roles, responsibilities, and au24 thorities of Federal, State, local, and tribal govern25 ment agencies and private sector stakeholders that 


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1 relate to the security of the movement of containers 

2 through the international supply chain; 

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

4 overlaps in the roles, responsibilities, or authorities 

5 described in paragraph (1); 

6 ‘‘(3) identify and make recommendations re7 garding legislative, regulatory, and organizational 

8 changes necessary to improve coordination among 

9 the entities or to enhance the security of the inter10 national supply chain; 

11 ‘‘(4) provide measurable goals, including objec12 tives, mechanisms, and a schedule, for furthering the 

13 security of commercial operations from point of ori14 gin to point of destination; 

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

16 costs and benefits; 

17 ‘‘(6) provide incentives for additional voluntary 

18 measures to enhance cargo security, as determined 

19 by the Secretary; 

20 ‘‘(7) consider the impact of supply chain secu21 rity requirements on small and medium size compa22 nies; 

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

24 and information with private sector stakeholders to 

25 assist in their security efforts; 


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1 ‘‘(9) identify a framework for prudent and 

2 measured response in the event of a transportation 

3 security incident involving the international supply 

4 chain; 

5 ‘‘(10) provide a plan for the expeditious re6 sumption of the flow of legitimate trade in accord7 ance with section 70103(a)(2)(J)(ii) of title 46, 

8 United States Code; 

9 ‘‘(11) consider the linkages between supply 

10 chain security and security programs within other 

11 systems of movement, including travel security and 

12 terrorism finance programs; and 

13 ‘‘(12) expand upon and relate to existing strate14 gies and plans, including the National Strategy for 

15 Maritime Security and the eight supporting plans of 

16 the Strategy, as required by Homeland Security 

17 Presidential Directive-13 (September 2005). 

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

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

20 Secretary shall, to the extent practicable, utilize the 

21 Homeland Security Advisory Committee, the National 

22 Maritime Security Advisory Committee, and the Commer23 cial Operations Advisory Committee to review, as nec24 essary, the draft strategic plan and any subsequent up25 dates to the strategic plan. 


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1 ‘‘(d) INTERNATIONAL STANDARDS AND PRAC2 TICES.—In furtherance of the strategic plan required 

3 under subsection (a), the Secretary is encouraged to con4 sider proposed or established standards and practices of 

5 foreign governments and international organizations, in6 cluding the International Maritime Organization, the 

7 World Customs Organization, the International Labor Or8 ganization, and the International Organization for Stand9 ardization, as appropriate, to establish standards and best 

10 practices for the security of containers moving through the 

11 international supply chain. 

12 ‘‘(e) REPORT.— 

13 ‘‘(1) INITIAL REPORT.—The Secretary shall 

14 submit to the appropriate congressional committees 

15 a report that contains the strategic plan required by 

16 subsection (a). 

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

18 years after the date on which the strategic plan is 

19 submitted under paragraph (1), the Secretary shall 

20 submit to the appropriate congressional committees 

21 a report that contains an update of the strategic 

22 plan. 

23 ‘‘(f) DEFINITION.—In this section, the term ‘trans24 portation security incident’ has the meaning given the 

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


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1 ‘‘SEC. 1802. TRANSMISSION OF ADDITIONAL DATA ELE2 MENTS FOR IMPROVED HIGH RISK TAR3 GETING. 

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

5 transmission to the Department, through an electronic 

6 data interchange system, of additional data elements for 

7 improved high risk targeting, including appropriate secu8 rity elements of entry data, as determined by the Sec9 retary, to be provided as advanced information with re10 spect to cargo destined for importation into the United 

11 States prior to loading of such cargo on vessels at foreign 

12 seaports. 

13 ‘‘(b) REGULATIONS.—The Secretary shall promul14 gate regulations to carry out this section. In promulgating 

15 such regulations, the Secretary shall adhere to the param16 eters applicable to the development of regulations under 

17 section 343(a) of the Trade Act of 2002 (19 U.S.C. 2071 

18 note), including provisions relating to consultation, tech19 nology, analysis, use of information, confidentiality, and 

20 timing requirements. 

21 ‘‘SEC. 1803. PLAN TO IMPROVE THE AUTOMATED TAR22 GETING SYSTEM. 

23 ‘‘(a) PLAN.—The Secretary shall develop and imple24 ment a plan to improve the Automated Targeting System 

25 for the identification of high-risk containers moving 

26 through the international supply chain. 


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1 ‘‘(b) CONTENTS.— 

2 ‘‘(1) TREATMENT OF RECOMMENDATIONS.— 

3 The Secretary shall include in the plan required 

4 under subsection (a) a schedule to address the rec5 ommendations of the Comptroller General of the 

6 United States, the Inspector General of the Depart7 ment of the Treasury, and the Inspector General of 

8 the Department of Homeland Security with respect 

9 to the operation of the Automated Targeting Sys10 tem. 

11 ‘‘(2) INFORMATION SUBMISSIONS.—In devel12 oping the plan required under subsection (a), the 

13 Secretary shall consider the cost, benefit, and feasi14 bility of— 

15 ‘‘(A) requiring additional nonmanifest doc16 umentation for each container; 

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

18 law for revisions to a container cargo manifest; 

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

20 law for submission of entry data for vessel or 

21 cargo; and 

22 ‘‘(D) such other actions the Secretary con23 siders beneficial for improving the information 

24 relied upon for the Automated Targeting Sys25 tem and any other targeting systems in furVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 thering the security and integrity of the inter2 national supply chain. 

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

4 conduct, through an independent panel, a review of 

5 the Automated Targeting System. The results of 

6 this review shall be included in the plan required 

7 under subsection (a). 

8 ‘‘(4) SMART SYSTEM.—The Secretary shall con9 sider future iterations of the Automated Targeting 

10 System, which would incorporate smart features, 

11 such as more complex algorithms and real-time intel12 ligence, instead of relying solely on rule sets that are 

13 periodically updated. The Secretary shall also con14 sider how the Automated Targeting System could be 

15 improved through linkages with targeting systems in 

16 existence on the date of the enactment of the Secu17 rity and Accountability For Every Port Act for trav18 el security and terrorism finance programs. 

19 ‘‘(c) NEW OR EXPANDED INFORMATION SUBMIS20 SIONS.—In considering any new or expanded information 

21 submission requirements, the Secretary shall consult with 

22 stakeholders and identify the need for such information, 

23 provide safeguards that ensure confidentiality with respect 

24 to such information, and identify appropriate timing of the 


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1 submission of such information, in the plan required under 

2 subsection (a). 

3 ‘‘(d) SECURE TRANSMISSION OF CERTAIN INFORMA4 TION.—All information required by the Department from 

5 supply chain partners shall be transmitted in a secure 

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

7 the information from unauthorized access. 

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

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

10 the fiscal years 2007 through 2012 to carry out this sec11 tion. 

12 ‘‘SEC. 1804. CONTAINER STANDARDS AND VERIFICATION 

13 PROCEDURES. 

14 ‘‘(a) ESTABLISHMENT.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall estab16 lish minimum standards and verification procedures 

17 for securing containers in transit to the United 

18 States relating to the sealing of containers. 

19 ‘‘(2) DEADLINE FOR ENFORCEMENT.—Not 

20 later than two years after the date on which the 

21 standards and procedures are established pursuant 

22 to paragraph (1), all containers bound for ports of 

23 entry in the United States shall meet such standards 

24 and procedures. 


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

2 shall regularly— 

3 ‘‘(1) review the standards and procedures estab4 lished pursuant to subsection (a); and 

5 ‘‘(2) enhance the security standards and proce6 dures, as appropriate, based on tests of technologies 

7 as they become commercially available to detect con8 tainer intrusion and the highest consequence threats, 

9 particularly weapons of mass destruction. 

10 ‘‘(c) INTERNATIONAL CARGO SECURITY STAND11 ARDS.—The Secretary, in consultation with the Secretary 

12 of State, is encouraged to promote and establish inter13 national standards for the security of containers moving 

14 through the international supply chain with foreign gov15 ernments and international organizations, including the 

16 International Maritime Organization and the World Cus17 toms Organization. 

18 ‘‘(d) INTERNATIONAL TRADE AND OTHER OBLIGA19 TIONS.—In carrying out this section, the Secretary shall 

20 consult with appropriate Federal departments and agen21 cies and private sector stakeholders and ensure that ac22 tions under this section do not violate international trade 

23 obligations or other international obligations of the United 

24 States. 


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

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

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

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

5 examine maritime containers that pose a risk for terrorism 

6 at foreign ports before the containers are shipped to the 

7 United States. 

8 ‘‘(b) ASSESSMENT.—Before the Secretary designates 

9 any foreign port under CSI, the Secretary, in 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 com13 promise of containers by terrorists or terrorist weap14 ons; 

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

16 United States ports; 

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

18 conducted pursuant to section 70108 of title 46, 

19 United States Code; 

20 ‘‘(4) the commitment of the host nation to co21 operating with the Department in sharing critical 

22 data and risk management information and to main23 tain programs to ensure employee integrity; and 

24 ‘‘(5) the potential for validation of security 

25 practices by the Department. 


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

2 appropriate congressional committees prior to notifying 

3 the 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 

9 of nonintrusive inspection and nuclear and radi10 ological 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 

20 at ports designated under CSI. 

21 ‘‘(2) CONSISTENCY OF STANDARDS AND PROCE22 DURES.—The Secretary shall ensure that the tech23 nical capability criteria and standard operating pro24 cedures established under paragraph (1)(A) are con25 sistent with such standards and procedures of any 


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1 other department or agency of the Federal govern2 ment with respect to deployment of nuclear and ra3 diological detection systems outside the United 

4 States. 

5 ‘‘(3) FOREIGN ASSISTANCE.— 

6 ‘‘(A) IN GENERAL.—The Secretary, in con7 sultation with the Secretary of State, the Sec8 retary of Energy, and the heads of other Fed9 eral agencies, shall identify foreign assistance 

10 programs that could facilitate the implementa11 tion of cargo security antiterrorism measures at 

12 ports designated under CSI and foreign ports 

13 not designated under CSI that lack effective 

14 antiterrorism measures. 

15 ‘‘(B) ACQUISITION.—The Secretary is au16 thorized to loan or otherwise assist in the de17 ployment of nonintrusive inspection or nuclear 

18 and radiological detection systems for cargo 

19 containers at each designated CSI port under 

20 such terms and conditions as the Secretary de21 termines to be appropriate and to provide train22 ing for foreign personnel involved in CSI. 

23 ‘‘(e) PROHIBITION.— 

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

25 ‘do not load’ order to each port designated under 


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1 CSI to prevent the onload of any cargo that has 

2 been identified as higher risk by the Automated Tar3 geting System unless the cargo— 

4 ‘‘(A) is scanned with a non intrusive im5 agery device and nuclear or radiological detec6 tion equipment; 

7 ‘‘(B) is devanned and inspected with nu8 clear or radiological detection equipment; or 

9 ‘‘(C) is determined to be of lower risk fol10 lowing additional inquiries by appropriate per11 sonnel of U.S. Customs and Border Protection. 

12 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

13 this subsection shall be construed to interfere with 

14 the ability of the Secretary to deny entry of any 

15 cargo into the United States. 

16 ‘‘(f) REPORT.—The Secretary shall submit to the ap17 propriate congressional committees not later than March 

18 1 of each year a report on the status of CSI, including— 

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

20 gained through CSI; 

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

22 port designated under CSI; 

23 ‘‘(3) an assessment of the personnel needs at 

24 each port designated under CSI; and 


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1 ‘‘(4) a description of the potential for remote 

2 targeting to decrease the number of personnel who 

3 are deployed at foreign ports under CSI. 

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

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

6 of the fiscal years 2007 through 2012 to carry out this 

7 section. 

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

9 CHAIN SECURITY COOPERATION. 

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

11 ‘‘(1) to establish continuing liaison and to pro12 vide for supply chain security cooperation between 

13 Department and the private sector; and 

14 ‘‘(2) to provide for regular and timely inter15 change of information between the private sector 

16 and the Department concerning developments and 

17 security risks in the supply chain environment. 

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

19 a secure electronic data interchange system to collect from 

20 and share appropriate risk information related to securing 

21 the supply chain with the private sector entities deter22 mined appropriate by the Secretary. 

23 ‘‘(c) CONSULTATION.—In developing the system 

24 under subsection (b), the Secretary shall consult with the 

25 Commercial Operations Advisory Committee and a broad 


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1 range of public and private sector entities likely to utilize 

2 the system, including importers, exporters, carriers, cus3 toms brokers, and freight forwarders, among other par4 ties. 

5 ‘‘(d) PROCEDURES.—The Secretary shall establish 

6 uniform procedures for the receipt, care, and storage of 

7 supply chain security information that is voluntarily sub8 mitted to the Department through the system developed 

9 under subsection (b). 

10 ‘‘(e) LIMITATIONS.—The voluntary information col11 lected through the system developed under subsection (b) 

12 shall be used exclusively for ensuring security and shall 

13 not be used for determining entry or for any other com14 mercial enforcement purpose. The voluntary information 

15 submitted to the Department through the system devel16 oped under subsection (b) shall not be construed to con17 stitute compliance with any requirement to submit such 

18 information to a Federal agency under any other provision 

19 of law. 

20 ‘‘(f) PARTICIPANTS.—The Secretary shall develop 

21 protocols for determining appropriate private sector per22 sonnel who shall have access to the system developed 

23 under subsection (b). Such personnel shall include des24 ignated security officers within companies that are deter25 mined to be low risk through participation in the CustomsVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 Trade Partnership Against Terrorism program established 

2 pursuant to subtitle B of this title. 

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

4 provision of law, information that is voluntarily submitted 

5 by the private sector to the Department through the sys6 tem developed under subsection (b)— 

7 ‘‘(1) shall be exempt from disclosure under sec8 tion 552 of title 5, United States Code (commonly 

9 referred to as the Freedom of Information Act); 

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

11 the person or entity submitting such information, be 

12 used directly by the Department or a third party, in 

13 any civil action arising under Federal or State law 

14 if such information is submitted in good faith; and 

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

16 the person or entity submitting such information, be 

17 used or disclosed by any officer or employee of the 

18 United States for purposes other than the purposes 

19 of this section, except— 

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

21 other prosecution of a criminal act; or 

22 ‘‘(B) when disclosure of the information 

23 would be— 

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

25 the extent of matter within its jurisdiction, 


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1 any committee or subcommittee thereof, 

2 any joint committee thereof or sub3 committee of any such joint committee; or 

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

5 any authorized representative of the Comp6 troller General, in the course of the per7 formance of the duties of the Comptroller 

8 General. 

9 ‘‘(h) INDEPENDENTLY OBTAINED INFORMATION.— 

10 Nothing in this section shall be construed to limit or other11 wise affect the ability of a Federal, State, or local, govern12 ment entity, under applicable law, to obtain supply chain 

13 security information, including any information lawfully 

14 and properly disclosed generally or broadly to the public 

15 and to use such information in any manner permitted by 

16 law. 

17 ‘‘(i) PENALTIES.—Whoever, being an officer or em18 ployee of the United States or of any department or agen19 cy thereof, knowingly publishes, divulges, discloses, or 

20 makes known in any manner or to any extent not author21 ized by law, any supply chain security information pro22 tected in this section from disclosure, shall be fined under 

23 title 18, United States Code, imprisoned not more than 

24 1 year, or both, and shall be removed from office or em25 ployment. 


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1 ‘‘(j) AUTHORITY TO ISSUE WARNINGS.—The Sec2 retary may provide advisories, alerts, and warnings to rel3 evant companies, targeted sectors, other governmental en4 tities, or the general public regarding potential risks to 

5 the supply chain as appropriate. In issuing a warning, the 

6 Secretary shall take appropriate actions to protect from 

7 disclosure— 

8 ‘‘(1) the source of any voluntarily submitted 

9 supply chain security information that forms the 

10 basis for the warning; and 

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

12 sensitive, relates specifically to the submitting per13 son or entity, or is otherwise not appropriately in 

14 the public domain. 

15 ‘‘Subtitle B—Customs-Trade Part16 nership Against Terrorism (C–

17 TPAT) 

18 ‘‘SEC. 1811. ESTABLISHMENT. 

19 ‘‘(a) ESTABLISHMENT.—The Secretary is authorized 

20 to establish a voluntary program (to be known as the ‘Cus21 toms-Trade Partnership Against Terrorism’ or ‘C– 

22 TPAT’) to strengthen and improve the overall security of 

23 the international supply chain and United States border 

24 security. 


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1 ‘‘(b) MINIMUM SECURITY REQUIREMENTS.—The 

2 Secretary shall review the minimum security requirements 

3 of C–TPAT at least once every year and update such re4 quirements as necessary. 

5 ‘‘SEC. 1812. ELIGIBLE ENTITIES. 

6 ‘‘Importers, brokers, forwarders, air, sea, land car7 riers, contract logistics providers, and other entities in the 

8 international supply chain and intermodal transportation 

9 system are eligible to apply to voluntarily enter into part10 nerships with the Department under C–TPAT. 

11 ‘‘SEC. 1813. MINIMUM REQUIREMENTS. 

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

13 shall— 

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

15 in the international supply chain; 

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

17 based upon security criteria established by the Sec18 retary, including— 

19 ‘‘(A) business partner requirements; 

20 ‘‘(B) container security; 

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

22 ‘‘(D) personnel security; 

23 ‘‘(E) procedural security; 

24 ‘‘(F) security training and threat aware25 ness; and 


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1 ‘‘(G) information technology security; 

2 ‘‘(3) implement and maintain security measures 

3 and supply chain security practices meeting security 

4 criteria; and 

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

6 the Secretary. 

7 ‘‘SEC. 1814. TIER ONE PARTICIPANTS. 

8 ‘‘(a) BENEFITS.—The Secretary may offer limited 

9 benefits to C–TPAT participants whose security measures 

10 and supply chain security practices have been certified in 

11 accordance with the guidelines established pursuant to 

12 subsection (b). 

13 ‘‘(b) GUIDELINES.—The Secretary shall update 

14 guidelines for certifying a C–TPAT participant’s security 

15 measures and supply chain security practices under this 

16 section. 

17 ‘‘SEC. 1815. TIER TWO PARTICIPANTS. 

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

19 C–TPAT participant has been certified under section 

20 1814, the Secretary shall validate, directly or through 

21 third party entities certified in accordance with section 

22 1817, the security measures and supply chain security 

23 practices of that participant. Such validation shall include 

24 assessments at appropriate foreign locations utilized by 

25 the participant as part of the supply chain. 


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1 ‘‘(b) CONSEQUENCES FOR FAILED VALIDATION.—If 

2 a C–TPAT participant’s security measures and supply 

3 chain security practices fail to meet the validation require4 ments under this section, the Commissioner of U.S. Cus5 toms and Border Protection may— 

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

7 TPAT on a temporary or permanent basis; or 

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

9 TPAT. 

10 ‘‘(c) RIGHT OF APPEAL.—A C–TPAT participant de11 scribed in subsection (b) may file an appeal with the Sec12 retary of the Commissioner’s decision under subsection 

13 (b)(1) to deny benefits under C–TPAT or under sub14 section (b)(2) to suspend or expel the participant from C– 

15 TPAT. 

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

17 to each C–TPAT participant that has been validated 

18 under this section, which may include— 

19 ‘‘(1) reduced examinations; and 

20 ‘‘(2) priority processing for searches. 

21 ‘‘SEC. 1816. TIER THREE PARTICIPANTS. 

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

23 third tier of C–TPAT that offers additional benefits to C– 

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1 ment beyond the minimum criteria for participation in C– 

2 TPAT. 

3 ‘‘(b) ADDITIONAL CRITERIA.—The Secretary shall 

4 designate criteria for C–TPAT participants under this sec5 tion that may include criteria to ensure— 

6 ‘‘(1) cargo is loaded on a vessel with a vessel 

7 security plan approved under section 70103(c) of 

8 title 46, United States Code, or on a vessel with a 

9 valid International Ship Security Certificate as pro10 vided for under part 104 of title 33, Code of Federal 

11 Regulations; 

12 ‘‘(2) container security devices, policies, or 

13 practices that exceed the standards and procedures 

14 established by the Secretary are utilized; and 

15 ‘‘(3) cargo complies with any other require16 ments determined by the Secretary. 

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

18 the Commercial Operations Advisory Committee and the 

19 National Maritime Security Advisory Committee, may pro20 vide benefits to C–TPAT participants under this section, 

21 which may include— 

22 ‘‘(1) the expedited release of tier three cargo 

23 into destination ports within the United States dur24 ing all threat levels designated by the Secretary; 


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1 ‘‘(2) reduced or streamlined bonding require2 ments that are consistent with obligations under 

3 other applicable provisions of law; 

4 ‘‘(3) preference to vessels; 

5 ‘‘(4) further reduced examinations; 

6 ‘‘(5) priority processing for examinations; 

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

8 Targeting System; and 

9 ‘‘(7) streamlined billing of any customs duties 

10 or fees. 

11 ‘‘(d) DEFINITION.—In this section, the term ‘con12 tainer security device’ means a mechanical or electronic 

13 device designed to, at a minimum, positively identify con14 tainers and detect and record unauthorized intrusion of 

15 containers. Such devices shall have false alarm rates that 

16 have been demonstrated to be below one percent. 

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

18 ‘‘(a) IN GENERAL.—If a C–TPAT participant’s secu19 rity measures and supply chain security practices fail to 

20 meet any of the requirements under this subtitle, the Sec21 retary may deny the participant benefits in whole or in 

22 part under this subtitle. 

23 ‘‘(b) FALSE OR MISLEADING INFORMATION.—If a C– 

24 TPAT participant intentionally provides false or mis25 leading information to the Secretary or a third party entiVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 ty during the validation process of the participant under 

2 this subtitle, the Commissioner of U.S. Customs and Bor3 der Protection shall suspend or expel the participant from 

4 C–TPAT for a period of not less than five years. 

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

8 deny benefits under this subtitle. A C–TPAT participant 

9 described in subsection (b) may file an appeal with the 

10 Secretary of the Commissioner’s decision under subsection 

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

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

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

14 under subsection (f), and if the Secretary determines to 

15 expand the use of third party entities to conduct valida16 tions of C–TPAT participants upon completion of the pilot 

17 program under subsection (f), the Secretary shall— 

18 ‘‘(1) develop, document, and update, as nec19 essary, minimum standard operating procedures and 

20 requirements applicable to such entities for the con21 duct of such validations; and 

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

23 the title VIII of this Act to review and designate 

24 such minimum standard operating procedures as a 


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1 qualified anti-terrorism technology for purposes of 

2 such subtitle. 

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

4 ‘‘(1) ISSUANCE OF CERTIFICATE OF CONFORM5 ANCE.—In accordance with section 863(d)(3) of this 

6 Act, the Secretary shall issue a certificate of con7 formance to a third party entity to conduct valida8 tions under this subtitle if the entity— 

9 ‘‘(A) demonstrates to the satisfaction of 

10 the Secretary the ability to perform validations 

11 in accordance with standard operating proce12 dures and requirements (or updates thereto) 

13 designated as a qualified anti-terrorism tech14 nology by the Secretary under subsection (a); 

15 and 

16 ‘‘(B) agrees— 

17 ‘‘(I) to perform validations in accord18 ance with such standard operating proce19 dures and requirements (or updates there20 to); and 

21 ‘‘(ii) to maintain liability insurance 

22 coverage at policy limits and in accordance 

23 with conditions to be established by the 

24 Secretary pursuant to section 864 of this 

25 Act; and 


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1 ‘‘(C) signs an agreement to protect all pro2 prietary information of C–TPAT participants 

3 with respect to which the entity will conduct 

4 validations. 

5 ‘‘(2) LITIGATION AND RISK MANAGEMENT PRO6 TECTIONS.—A third party entity that maintains li7 ability insurance coverage at policy limits and in ac8 cordance with conditions to be established by the 

9 Secretary pursuant to section 864 of this Act and 

10 receives a certificate of conformance under para11 graph (1) shall receive all applicable litigation and 

12 risk management protections under sections 863 and 

13 864 of this Act. 

14 ‘‘(3) RECIPROCAL WAIVER OF CLAIMS.—A re15 ciprocal waiver of claims shall be deemed to have 

16 been entered into between a third party entity that 

17 receives a certificate of conformance under para18 graph (1) and its contractors, subcontractors, sup19 pliers, vendors, customers, and contractors and sub20 contractors of customers involved in the use or oper21 ation of the validation services of the third party en22 tity. 

23 ‘‘(c) INFORMATION FOR ESTABLISHING LIMITS OF

24 LIABILITY INSURANCE.—A third party entity seeking a 

25 certificate of conformance under subsection (b)(1) shall 


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1 provide to the Secretary necessary information for estab2 lishing the limits of liability insurance required to be main3 tained by the entity under section 864(a) of this Act. 

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

5 shall ensure that— 

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

7 ‘‘(A) has no beneficial interest in or any 

8 direct or indirect control over the C–TPAT par9 ticipant that is contracting for the validation 

10 services; and 

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

12 respect to the C–TPAT participant; and 

13 ‘‘(2) the C–TPAT participant has entered into 

14 a contract with the third party entity under which 

15 the C–TPAT participant agrees to pay all costs as16 sociated with the validation. 

17 ‘‘(e) MONITORING.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall regu19 larly monitor and inspect the operations of a third 

20 party entity conducting validations under this sub21 title to ensure that the entity is meeting the min22 imum standard operating procedures and require23 ments for the validation of C–TPAT participants es24 tablished under subsection (a) and all other applicaVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 ble requirements for validation services under this 

2 subtitle. 

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

4 a third party entity is not meeting the minimum 

5 standard operating procedures and requirements, the 

6 Secretary shall— 

7 ‘‘(A) revoke the entity’s certificate of con8 formance issued under subsection (b)(1); and 

9 ‘‘(B) review any validations conducted by 

10 the entity. 

11 ‘‘(f) PILOT PROGRAM.— 

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

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

14 benefits of utilizing third party entities to conduct 

15 validations of C–TPAT participants. In conducting 

16 the pilot program, the Secretary shall comply with 

17 all applicable requirements of this section with re18 spect to eligibility of third party entities to conduct 

19 validations of C–TPAT participants. 

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

21 the completion of the pilot program conducted pur22 suant to paragraph (1), the Secretary shall submit 

23 to the appropriate congressional committees a report 

24 that contains— 

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


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1 ‘‘(B) the determination of the Secretary 

2 whether or not to expand the use of third party 

3 entities to conduct validations of C–TPAT par4 ticipants. 

5 ‘‘SEC. 1819. REVALIDATION. 

6 ‘‘The Secretary shall establish a process for revali7 dating C–TPAT participants under this subtitle. Such re8 validation shall occur not less frequently than once during 

9 every 3-year period following the initial validation. 

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

11 ‘‘The Secretary may consider the potential for par12 ticipation in C–TPAT by importers of non-containerized 

13 cargoes that otherwise meet the requirements under this 

14 subtitle. 

15 ‘‘SEC. 1821. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated 

17 $75,000,000 for each of the fiscal years 2007 through 

18 2012 to carry out this subtitle. 

19 ‘‘Subtitle C—Miscellaneous 

20 Provisions 

21 ‘‘SEC. 1831. RESEARCH, DEVELOPMENT, TEST, AND EVALUA22 TION EFFORTS IN FURTHERANCE OF MARI23 TIME AND CARGO SECURITY. 

24 ‘‘(a) IN GENERAL.—The Secretary shall— 


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1 ‘‘(1) direct research, development, test, and 

2 evaluation efforts in furtherance of maritime and 

3 cargo security; 

4 ‘‘(2) encourage the ingenuity of the private sec5 tor in developing and testing technologies and proc6 ess innovations in furtherance of these objectives; 

7 and 

8 ‘‘(3) evaluate such technologies. 

9 ‘‘(b) COORDINATION.—The Secretary, in coordina10 tion with the Undersecretary for Science and Technology, 

11 the Director of the Domestic Nuclear Detection Office of 

12 the Department, and the heads of other appropriate of13 fices or entities of the Department, shall ensure that— 

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

15 efforts funded by the Department in furtherance of 

16 maritime and cargo security are coordinated to avoid 

17 duplication of efforts; and 

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

19 throughout the Department and other Federal, 

20 State, and local agencies, as appropriate. 

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

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

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

24 ‘‘(1) integrate nonintrusive imaging inspection 

25 and nuclear and radiological detection systems with 


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1 automatic identification methods for containers, ves2 sels, and vehicles; 

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

4 technologies to include continuous tracking devices 

5 that provide real-time monitoring and reporting; 

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

7 transmitting data required by entities participating 

8 in the international supply chain from every inter9 modal transfer point to the National Targeting Cen10 ter of the Department; and 

11 ‘‘(4) otherwise further maritime and cargo secu12 rity, as determined by the Secretary. 

13 ‘‘(b) SUPPLY CHAIN SECURITY FOR SPECIAL CON14 TAINER AND NONCONTAINERIZED CARGO.—In providing 

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

16 demonstration projects that further the security of the 

17 international supply chain, including refrigerated con18 tainers, and noncontainerized cargo, including roll-on/roll19 off, break-bulk, liquid, and dry bulk cargo, through real20 time, continuous tracking technology for special or high21 risk container cargo that poses unusual potential for 

22 human or environmental harm. 

23 ‘‘(c) COMPETITIVE SELECTION PROCESS.—The Sec24 retary shall select recipients of grants under subsection 


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1 (a) through a competitive process on the basis of the fol2 lowing criteria: 

3 ‘‘(1) The extent to which the applicant can 

4 demonstrate that personnel, laboratory, and organi5 zational resources will be available to the applicant 

6 to carry out the activities authorized under this sec7 tion. 

8 ‘‘(2) The applicant’s capability to provide lead9 ership in making national and regional contributions 

10 to the solution of maritime and cargo security 

11 issues. 

12 ‘‘(3) The extent to which the applicant’s pro13 grams, projects, and activities under the grant will 

14 address highest risk priorities as determined by the 

15 Secretary. 

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

17 strategic plan for carrying out the programs, 

18 projects, and activities under the grant. 

19 ‘‘(5) Any other criteria the Secretary deter20 mines to be appropriate. 

21 ‘‘(d) ADMINISTRATIVE PROVISIONS.— 

22 ‘‘(1) PROHIBITION ON DUPLICATION OF EF23 FORT.—Before providing any grant under subsection 

24 (a), the Secretary shall coordinate with other Fed25 eral departments and agencies to ensure the grant 


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1 will not duplicate work already being carried out 

2 with Federal funding. 

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

4 PROCEDURES.—The Secretary shall establish ac5 counting, reporting, and review procedures to ensure 

6 that— 

7 ‘‘(A) amounts made available under a 

8 grant provided under subsection (a)— 

9 ‘‘(i) are used for the purpose for 

10 which such amounts were made available; 

11 and 

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

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

14 and amounts not expended are recovered. 

15 ‘‘(3) RECORDKEEPING.—The recipient of a 

16 grant under subsection (a) shall keep all records re17 lated to expenditures and obligations of amounts 

18 provided under the grant and make such records 

19 available upon request to the Secretary for audit and 

20 examination. 

21 ‘‘(4) REVIEW.—The Secretary shall annually 

22 review the programs, projects, and activities carried 

23 out using amounts made available under grants pro24 vided under subsection (a) to ensure that obligations 

25 and expenditures of such amounts are consistent 


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1 with the purposes for which such amounts are made 

2 available. 

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

4 each year, the Secretary shall submit to the appropriate 

5 congressional committees a report detailing the results of 

6 Operation Safe Commerce. 

7 ‘‘(f) DEFINITION.—In this section, the term ‘Oper8 ation Safe Commerce’ means the research, development, 

9 test, and evaluation grant program that brings together 

10 private sector shareholders, port officials, and Federal, 

11 State, and local representatives to analyze existing secu12 rity procedures for cargo and develop new security proto13 cols that have the potential to increase the security of 

14 cargo shipments by monitoring the movement and integ15 rity of cargo through the international supply chain. 

16 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

19 for each of fiscal years 2007 through 2012 to carry 

20 out this section. 

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

22 be effective beginning on the date on which the Sec23 retary submits to the appropriate congressional com24 mittees a report on the implementation and results 

25 of grants provided under Operation Safe Commerce 


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1 before the date of the enactment of the Security and 

2 Accountability For Every Port Act. 

3 ‘‘SEC. 1833. DEFINITIONS. 

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

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

6 term ‘Automated Targeting System’ means the 

7 rules-based system incorporating intelligence mate8 rial and import transaction history, established by 

9 U.S. Customs and Border Protection to target high 

10 risk shipments of cargo. 

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

12 means a physical inspection or the imaging and radi13 ation screening of a conveyance using non-intrusive 

14 inspection (NII) technology, for the presence of con15 traband. 

16 ‘‘(3) INSPECTION.—The term ‘inspection’ 

17 means the comprehensive process used by U.S. Cus18 toms and Border Protection for assessing goods en19 tering the United States to appraise them for duty 

20 purposes, to detect the presence of restricted or pro21 hibited items, and to ensure compliance with all ap22 plicable laws. This process may include screening, 

23 conducting an examination, or conducting a search. 

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

25 term ‘international supply chain’ means the end-toVerDate Aug 31 2005 00:17 May 17, 2006 Jkt 049196 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4954.PCS H4954

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1 end process for shipping goods from a point of ori2 gin overseas to and from the United States. 

3 ‘‘(5) NUCLEAR AND RADIOLOGICAL DETECTION

4 SYSTEM.—The term ‘nuclear and radiological detec5 tion system’ means any technology that is capable of 

6 detecting or identifying nuclear and radiological ma7 terial or explosive devices. 

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

9 a visual or automated review of information about 

10 goods, including manifest or entry documentation 

11 accompanying a shipment being imported into the 

12 United States, to determine or assess the threat of 

13 such cargo. 

14 ‘‘(7) SEARCH.—The term ‘search’ means an in15 trusive examination in which a container is opened 

16 and its contents are de-vanned and visually in17 spected for the presence of misdeclared, restricted, 

18 or prohibited items.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

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

21 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. 


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‘‘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.’’. 

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

2 Security shall— 

3 (1) submit to the appropriate congressional 

4 committees the report required by section 1801(e)(1) 

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

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

7 date of enactment of this Act; 

8 (2) promulgate regulations under section 

9 1802(b) of the Homeland Security Act of 2002, as 

10 added by subsection (a), not later than one year 

11 after the date of the enactment of this Act; 

12 (3) develop and implement the plan to improve 

13 the Automated Targeting System under section 

14 1803(a) of the Homeland Security Act of 2002, as 


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

2 after the date of the enactment of this Act; 

3 (4) develop the standards and verification pro4 cedures described in section 1804(a)(1) of the 

5 Homeland Security Act of 2002, as added by sub6 section (a), not later than 180 days after the date 

7 of the enactment of this Act; 

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

9 load’’ order to each port designated under CSI pur10 suant to section 1805(e) of the Homeland Security 

11 Act of 2002, as added by subsection (a), not later 

12 than 180 days after the date of the enactment of 

13 this Act; 

14 (6) develop the secure electronic data inter15 change system under section 1806(b) of the Home16 land Security Act of 2002, as added by subsection 

17 (a), not later than one year after the date of the en18 actment of this Act; 

19 (7) update guidelines for certifying a C–TPAT 

20 participant’s security measures and supply chain se21 curity practices under section 1814(b) of the Home22 land Security Act of 2002, as added by subsection 

23 (a), not later than 180 days after the date of the en24 actment of this Act; 


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1 (8) develop a schedule and update guidelines for 

2 validating a C–TPAT participant’s security meas3 ures and supply chain security practices under sec4 tion 1815 of the Homeland Security Act of 2002, as 

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

6 after the date of enactment of this Act; 

7 (9) provide appropriate benefits described in 

8 subsection (d) of section 1816 of the Homeland Se9 curity Act of 2002, as added by subsection (a), to 

10 C–TPAT participants under section 1816 of such 

11 Act beginning not later than two years after the 

12 date of the enactment of this Act; and 

13 (10) carry out the pilot program described in 

14 section 1818(f) of the Homeland Security Act of 

15 2002, as added by subsection (a), beginning not 

16 later than one year after the date of the enactment 

17 of this Act for a duration of not less than a one-year 

18 period. 

19 SEC. 202. NEXT GENERATION SUPPLY CHAIN SECURITY 

20 TECHNOLOGIES. 

21 (a) EVALUATION OF EMERGING TECHNOLOGIES.— 

22 While maintaining the current layered, risk-based ap23 proach to screening, scanning, and inspecting cargo at for24 eign ports bound for the United States in accordance with 

25 existing statutory provisions, the Secretary of Homeland 


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1 Security shall evaluate the development of nuclear and ra2 diological detection systems and other inspection tech3 nologies for use at foreign seaports to increase the volume 

4 of containers scanned prior to loading on vessels bound 

5 for the United States. In carrying out this section, the 

6 Secretary’s evaluation shall include an analysis of battery 

7 powered portable neutron and gamma-ray detection de8 vices that can be inexpensively mass produced. 

9 (b) EMERGING TECHNOLOGY.—Not later than one 

10 year after the date of the enactment of this Act, the Sec11 retary shall, having evaluated emerging technologies under 

12 subsection (a), determine if more capable, commercially 

13 available technology exists, and whether such technology— 

14 (1) has a sufficiently low false alarm rate for 

15 use in the supply chain; 

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

17 ports overseas; 

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

19 with existing systems; 

20 (4) does not significantly impact trade capacity 

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

22 and 

23 (5) provides an automated notification of ques24 tionable or high-risk cargo as a trigger for further 

25 inspection by appropriately trained personnel. 


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1 (c) CONTINGENT IMPLEMENTATION.—If the Sec2 retary determines the available technology meets the cri3 teria outlined in subsection (b), the Secretary, in coopera4 tion with the Secretary of State, shall within 180 days 

5 of such determination, seek to secure the cooperation of 

6 foreign governments to initiate and maximize the use of 

7 such technology at foreign ports to scan all cargo possible. 

8 (d) INTERNATIONAL COOPERATION.—If the Sec9 retary determines that a proposed technology meets the 

10 requirements of subsection (b), but cannot be implemented 

11 as a result of a foreign government’s refusal to cooperate 

12 in the phased deployment, the Secretary may refuse to ac13 cept containerized cargo from that port. 

14 (e) REPORT.—The Secretary shall submit to the ap15 propriate congressional committees on an annual basis a 

16 report on the evaluation performed under subsections (a) 

17 and (b), the status of any implementation initiated in ac18 cordance with subsection (c), and a detailed assessment 

19 of the level of cooperation of foreign governments, as well 

20 as any actions taken by the Secretary under subsection 

21 (d). 

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

23 and radiological detection system’’ means any technology 

24 that is capable of detecting or identifying nuclear and ra25 diological material or explosive devices. 


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1 SEC. 203. INTERNATIONAL TRADE DATA SYSTEM. 

2 (a) ESTABLISHMENT.—The President shall establish 

3 and implement the International Trade Data System, a 

4 single, uniform data system for the electronic collection, 

5 dissemination, and sharing of import and export informa6 tion, to increase the efficiency of data submission and the 

7 security of such data related to border security, trade, and 

8 public health and safety of international cargoes. 

9 (b) PRIVATE SECTOR CONSULTATION.—The Presi10 dent shall consult with private sector stakeholders in de11 veloping uniform data submission requirements, proce12 dures, and schedules under the system established pursu13 ant to subsection (a). 

14 (c) REPORT.—Not later than 120 days after the date 

15 of the enactment of this Act, the President shall transmit 

16 to the appropriate congressional committees a report on 

17 the schedule for full implementation of the system estab18 lished pursuant to subsection (a). 

19 (d) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to prevent any Federal department 

21 or agency from collecting import and export information 

22 under any other provision of law. 

23 SEC. 204. FOREIGN PORT ASSESSMENTS. 

24 Section 70108 of title 46, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(d) PERIODIC REASSESSMENT.—The Secretary, act2 ing through the Commandant of the Coast Guard, shall 

3 reassess the effectiveness of antiterrorism measures main4 tained at ports as described under subsection (a) and of 

5 procedures described in subsection (b) not less than every 

6 3 years.’’. 

7 SEC. 205. PILOT PROGRAM TO IMPROVE THE SECURITY OF 

8 EMPTY CONTAINERS. 

9 (a) IN GENERAL.—The Secretary of Homeland Secu10 rity shall conduct a one-year pilot program to evaluate and 

11 improve the security of empty containers at United States 

12 seaports to ensure the safe and secure delivery of cargo 

13 and to prevent potential acts of terrorism involving such 

14 containers. The pilot program shall include the use of vis15 ual searches of empty containers at United States sea16 ports. 

17 (b) REPORT.—Not later than 90 days after the com18 pletion of the pilot program under paragraph (1), the Sec19 retary shall prepare and submit to the appropriate con20 gressional committees a report that contains— 

21 (1) the results of pilot program; and 

22 (2) the determination of the Secretary whether 

23 or 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 

7 a 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 

12 under paragraph (1) shall include, at a minimum— 

13 (A) an evaluation of the cost, personnel, 

14 and infrastructure required to operate the pilot 

15 programs, as well as the cost, personnel, and 

16 infrastructure required to move the pilot pro17 grams into full-scale deployment to screen all 

18 cargo imported 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 tech24 nological advances of the pilot programs that 

25 could be integrated into the Container Security 


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1 Initiative and other container security pro2 grams; and 

3 (D) an assessment of the impact of tech4 nology or processes utilized in the pilot pro5 grams on improving cargo operations and secu6 rity. 

7 (b) REPORT.—Not later than 60 days after the date 

8 of the enactment of this Act, the Secretary shall submit 

9 to the appropriate congressional committees a report that 

10 contains— 

11 (1) the results of the study required under sub12 section (a); and 

13 (2) recommendations to improve container secu14 rity programs within the Department of Homeland 

15 Security. 

16 SEC. 207. REPORT ON NATIONAL TARGETING CENTER. 

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

18 shall conduct a study to assess the activities of U.S. Cus19 toms and Border Protection’s National Targeting Center 

20 (NTC). 

21 (b) REPORT.—Not later than 180 days after the date 

22 of the enactment of this Act, the Secretary shall submit 

23 to the appropriate congressional committees a report that 

24 contains— 


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1 (1) the results of the study conducted under 

2 subsection (a); and 

3 (2) recommendations to improve and strengthen 

4 the activities of NTC. 

5 SEC. 208. INTEGRATED CONTAINER INSPECTION SYSTEM 

6 PILOT PROJECT. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Secretary of Homeland Security shall 

9 conduct a pilot project at an overseas port similar to the 

10 Integrated Container Inspection System being tested at 

11 the port in Hong Kong. 

12 TITLE III—DIRECTORATE FOR 

13 POLICY, PLANNING, AND 

14 INTERNATIONAL AFFAIRS 

15 SEC. 301. ESTABLISHMENT OF DIRECTORATE. 

16 (a) ESTABLISHMENT.—The Homeland Security Act 

17 of 2002 (6 U.S.C. 101 et seq.) is amended— 

18 (1) by redesignating title VI as title XIX, and 

19 moving such title so as to appear after title XVIII, 

20 as added by section 201; 

21 (2) by striking the heading for such title and 

22 inserting the following: 


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1 ‘‘TITLE XIX—MISCELLANEOUS 

2 PROVISIONS’’. 

3 (3) by redesignating section 601 as section 

4 1901; 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 De12 partment a Directorate for Policy, Planning, and Inter13 national Affairs. 

14 ‘‘(b) UNDER SECRETARY FOR POLICY.— 

15 ‘‘(1) IN GENERAL.—The head of the Direc16 torate shall be the Under Secretary for Policy, who 

17 shall be 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 

21 and experience, demonstrated knowledge, ability, 

22 and skill in the fields of policy and strategic plan23 ning. 

24 ‘‘(c) RESPONSIBILITIES OF UNDER SECRETARY.— 


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1 ‘‘(1) POLICY RESPONSIBILITIES.—Subject to 

2 the direction and control of the Secretary, the policy 

3 responsibilities of the Under Secretary for Policy 

4 shall be as follows: 

5 ‘‘(A) To serve as the principal policy advi6 sor to the Secretary. 

7 ‘‘(B) To provide overall direction and su8 pervision of policy development for the pro9 grams, offices, and activities of the Depart10 ment. 

11 ‘‘(C) To establish and implement a formal 

12 policymaking process for the Department. 

13 ‘‘(D) To analyze, evaluate, and review the 

14 completed, ongoing, and proposed programs of 

15 the Department to ensure they are compatible 

16 with the statutory and regulatory responsibil17 ities of the Department and with the Sec18 retary’s priorities, strategic plans, and policies. 

19 ‘‘(E) To ensure that the budget of the De20 partment (including the development of future 

21 year budgets and interaction with the Office of 

22 Management and Budget and with Congress) is 

23 compatible with the statutory and regulatory re24 sponsibilities of the Department and with the 


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1 Secretary’s priorities, strategic plans, and poli2 cies. 

3 ‘‘(F) To represent the Department in any 

4 development of policy that requires the Depart5 ment to consult with another Federal agency, 

6 the Office of the President, a foreign govern7 ment, or any other governmental or private sec8 tor entity. 

9 ‘‘(G) To supervise and oversee policy devel10 opment undertaken by the component agencies 

11 and offices of the Department. 

12 ‘‘(H) To provide for the coordination and 

13 maintenance of the trade and customs revenue 

14 functions of the Department. 

15 ‘‘(2) STRATEGIC PLANNING RESPONSIBIL16 ITIES.—Subject to the direction and control of the 

17 Secretary, the strategic planning responsibilities of 

18 the Under Secretary for Policy shall be as follows: 

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

20 planning for the Department. 

21 ‘‘(B) To prepare national and Department 

22 strategies, as appropriate. 

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

24 facing the Department. 


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1 ‘‘(3) INTERNATIONAL RESPONSIBILITIES.—Sub2 ject to the direction and control of the Secretary, the 

3 international responsibilities of the Under Secretary 

4 for Policy shall be as follows: 

5 ‘‘(A) To promote the exchange of informa6 tion and the sharing of best practices and tech7 nology relating to homeland security with na8 tions friendly to the United States, including— 

9 ‘‘(i) the exchange of information on 

10 research and development on homeland se11 curity technologies; 

12 ‘‘(ii) joint training exercises of first 

13 responders in coordination with the Assist14 ant Secretary for Grants and Training; 

15 and 

16 ‘‘(iii) exchanging expertise and infor17 mation on terrorism prevention, response, 

18 and crisis management. 

19 ‘‘(B) To identify any homeland security-re20 lated area in which the United States and other 

21 nations and appropriate international organiza22 tions could collaborate to improve capabilities 

23 and to encourage the exchange of information 

24 or sharing of best practices and technology re25 lating to that area. 


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1 ‘‘(C) To plan and participate in inter2 national conferences, exchange programs (in3 cluding the exchange of scientists, engineers, 

4 and other experts), and other training activities 

5 with friendly nations. 

6 ‘‘(D) To manage international activities 

7 within the Department in coordination with 

8 other Federal officials with responsibility for 

9 counterterrorism matters. 

10 ‘‘(E) To oversee the activities of Depart11 ment personnel operating in other countries or 

12 traveling to other countries. 

13 ‘‘(F) To represent the Department in 

14 international negotiations, working groups, and 

15 standards-setting bodies. 

16 ‘‘(4) PRIVATE SECTOR.— 

17 ‘‘(A) To create and foster strategic com18 munications with the private sector to enhance 

19 the primary mission of the Department to pro20 tect the United States. 

21 ‘‘(B) To advise the Secretary on the im22 pact on the private sector of the policies, regu23 lations, processes, and actions of the Depart24 ment. 


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1 ‘‘(C) To create and manage private sector 

2 advisory councils composed of representatives of 

3 industries and associations designated by the 

4 Secretary— 

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

6 sector products, applications, and solutions 

7 as they relate to homeland security chal8 lenges; and 

9 ‘‘(ii) to advise the Secretary on home10 land security policies, regulations, proc11 esses, and actions that affect the partici12 pating industries and associations. 

13 ‘‘(D) To promote existing public-private 

14 partnerships and develop new public-private 

15 partnerships to provide for collaboration and 

16 mutual support to address homeland security 

17 challenges. 

18 ‘‘(E) To identify private sector resources 

19 and capabilities that could be effective in 

20 supplementing functions of the Department and 

21 State and local governments to prevent or re22 spond to acts of terrorism. 

23 ‘‘(F) To coordinate among the Depart24 ment’s operating entities and with the Assistant 

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1 partment of Commerce on issues related to the 

2 travel and tourism industries. 

3 ‘‘(5) TRADE AND CUSTOMS REVENUE FUNC4 TIONS.—The Under Secretary for Policy shall— 

5 ‘‘(A) ensure that the trade and customs 

6 revenue functions of the Department are coordi7 nated within the Department and with other 

8 Federal departments and agencies, and that the 

9 impact on legitimate trade is taken into account 

10 in any action impacting these functions; and 

11 ‘‘(B) monitor and report to Congress on 

12 the Department’s mandate to ensure that the 

13 trade and customs revenue functions of the De14 partment are not diminished, including how 

15 spending, operations, and personnel related to 

16 these functions have kept pace with the level of 

17 trade entering the United States. 

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 

22 be headed by an Assistant Secretary, who shall be ap23 pointed 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 ex5 change 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 ex17 pertise. 

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 

8 be administered by an Assistant Secretary for Stra9 tegic 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 

15 shall be administered by an Assistant Secretary for 

16 the Private Sector. 

17 ‘‘(4) The Victim Assistance Officer. 

18 ‘‘(5) The Tribal Security Officer. 

19 ‘‘(6) Such other offices as considered necessary 

20 by the Under Secretary for Policy. 

21 ‘‘(b) DIRECTOR OF CARGO SECURITY POLICY.— 

22 ‘‘(1) IN GENERAL.—There shall be in the Di23 rectorate for Policy, Planning, and International Af24 fairs a Director of Cargo Security Policy (herein25 after in this subsection referred to as the ‘Director’), 


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1 who shall be subject to the direction and control of 

2 the Under Secretary for Policy. 

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

4 ‘‘(A) advise the Assistant Secretary for 

5 Policy 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 

11 Federal 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 ‘‘(c) DIRECTOR OF TRADE POLICY.— 

17 ‘‘(1) IN GENERAL.—There shall be in the Di18 rectorate for Policy, Planning, and International Af19 fairs a Director of Trade Policy (hereinafter in this 

20 subsection referred to as the ‘Director’), who shall 

21 be subject to the direction and control of the Under 

22 Secretary for Policy. 

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

24 ‘‘(A) advise the Assistant Secretary for 

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1 grams relating to the trade and customs rev2 enue functions of the Department; 

3 ‘‘(B) develop Department-wide policies re4 garding trade and customs revenue functions 

5 and trade facilitation; and 

6 ‘‘(C) coordinate the trade and customs rev7 enue-related programs of the Department with 

8 other Federal departments and agencies. 

9 ‘‘SEC. 604. CONSULTATION ON TRADE AND CUSTOMS REV10 ENUE FUNCTIONS. 

11 ‘‘(a) IN GENERAL.—The Secretary and the Under 

12 Secretary for Policy shall consult with representatives of 

13 the business community involved in international trade, in14 cluding seeking the advice and recommendations of the 

15 Commercial Operations Advisory Committee (COAC), on 

16 Department policies and actions that have a significant 

17 impact on international trade and customs revenue func18 tions. 

19 ‘‘(b) COAC CONSULTATION AND NOTIFICATION.— 

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

21 the Secretary shall seek the advice and recommenda22 tions of COAC on any proposed Department policies, 

23 initiatives, actions, or organizational reforms that 

24 will have a major impact on trade and customs rev25 enue functions not later than 45 days prior to the 


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1 finalization of the policies, initiatives, actions, or or2 ganizational reforms. 

3 ‘‘(2) EXCEPTION.—If the Secretary determines 

4 that it is important to the national security interest 

5 of the United States to finalize any proposed De6 partment policies, initiatives, actions, or organiza7 tional reforms prior to the provision of advice and 

8 recommendations described in paragraph (1), the 

9 Secretary shall— 

10 ‘‘(A) seek the advice and recommendations 

11 of COAC on the policies, initiatives, actions, or 

12 organizational reforms not later than 30 days 

13 after the date on which the policies, initiatives, 

14 actions, or organizational reforms are finalized; 

15 and 

16 ‘‘(B) to the extent appropriate, modify the 

17 policies, initiatives, actions, or organizational 

18 reforms based upon the advice and rec19 ommendations of COAC. 

20 ‘‘(c) CONGRESSIONAL CONSULTATION AND NOTIFI21 CATION.— 

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

23 the Secretary shall consult with and provide any rec24 ommendations of COAC received under subsection 

25 (b) to the appropriate congressional committees not 


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1 later than 30 days prior to the finalization of any 

2 Department policies, initiatives, actions or organiza3 tional reforms that will have a major impact on 

4 trade and customs revenue functions. 

5 ‘‘(2) EXCEPTION.—If the Secretary determines 

6 that it is important to the national security interest 

7 of the United States to finalize any Department 

8 policies, initiatives, actions, or organizational re9 forms prior to the consultation described in para10 graph (1), the Secretary shall— 

11 ‘‘(A) consult with and provide any rec12 ommendations of COAC received under sub13 section (b) to the appropriate congressional 

14 committees not later than 45 days after the 

15 date on which the policies, initiative, actions, or 

16 organizational reforms are finalized; and 

17 ‘‘(B) to the extent appropriate, modify the 

18 policies, initiatives, actions, or organizational 

19 reforms based upon the consultations with the 

20 appropriate congressional committees.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 879 of the 

22 Homeland Security Act of 2002 (6 U.S.C. 459) is re23 pealed. 

24 (c) CLERICAL AMENDMENTS.—The table of contents 

25 in section 1(b) of such Act is amended— 


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1 (1) by striking the item relating to section 879; 

2 (2) by striking the items relating to title VI and 

3 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.’’; 

4 and 

5 (3) by inserting after the items relating to title 

6 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.’’. 

7 SEC. 302. STUDY AND REPORT ON CUSTOMS REVENUE 

8 FUNCTIONS. 

9 (a) STUDY.— 

10 (1) IN GENERAL.—The Comptroller General 

11 shall conduct a study evaluating the extent to which 

12 the Department of Homeland Security is meeting its 

13 obligations under section 412(b) of the Homeland 

14 Security Act of 2002 (6 U.S.C. 212(b)) with respect 

15 to the maintenance of customs revenue functions. 

16 (2) ANALYSIS.—The study shall include an 

17 analysis of— 

18 (A) the extent to which the customs rev19 enue functions carried out by the former U.S. 

20 Customs Service have been consolidated with 


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1 other functions of the Department (including 

2 the assignment of non-customs revenue func3 tions to personnel responsible for customs rev4 enue collection), discontinued, or diminished fol5 lowing the transfer of the U.S. Customs Service 

6 to the Department; 

7 (B) the extent to which staffing levels or 

8 resources attributable to customs revenue func9 tions have decreased since the transfer of the 

10 U.S. Customs Service to the Department; and 

11 (C) the extent to which the management 

12 structure created by the Department ensures 

13 effective trade facilitation and customs revenue 

14 collection. 

15 (b) REPORT.—Not later than 180 days after the date 

16 of the enactment of this Act, the Comptroller General shall 

17 submit to the appropriate congressional committees a re18 port on the results of study conducted under subsection 

19 (a). 

20 (c) DEFINITION.—In this section, the term ‘‘customs 

21 revenue functions’’ means the functions described in sec22 tion 412(b)(2) of the Homeland Security Act of 2002 (6 

23 U.S.C. 212(b)(2)). 


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1 TITLE IV—OFFICE OF DOMESTIC 

2 NUCLEAR DETECTION 

3 SEC. 401. ESTABLISHMENT OF OFFICE. 

4 (a) ESTABLISHMENT.—The Homeland Security Act 

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

6 the end the following new title: 

7 ‘‘TITLE XX—OFFICE OF DOMES8 TIC NUCLEAR DETECTION 

9 ‘‘SEC. 2001. DOMESTIC NUCLEAR DETECTION OFFICE. 

10 ‘‘(a) IN GENERAL.—There shall be in the Depart11 ment of Homeland Security a Domestic Nuclear Detection 

12 Office. 

13 ‘‘(b) PURPOSE.—The purpose of the Office shall be 

14 to protect against the unauthorized importation, posses15 sion, storage, transportation, development, or use of a nu16 clear explosive device, fissile material, or radiological ma17 terial against the United States. 

18 ‘‘(c) DIRECTOR.—The Office shall be headed by a Di19 rector of Domestic Nuclear Detection, who shall be ap20 pointed by the President from among individuals nomi21 nated by the Secretary. 

22 ‘‘(d) LIMITATION.—This title shall not be construed 

23 to affect the performance, by directorates and agencies of 

24 the Department other than the Office, of functions that 


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1 are not related to detection and prevention of nuclear and 

2 radiological terrorism. 

3 ‘‘SEC. 2002. FUNCTIONS OF DIRECTOR OF THE DOMESTIC 

4 NUCLEAR DETECTION OFFICE, GENERALLY. 

5 ‘‘(a) IN GENERAL.—The Secretary shall vest in the 

6 Director the primary responsibility in the Department 

7 for— 

8 ‘‘(1) administering all nuclear and radiological 

9 detection and prevention functions and assets of the 

10 Department, including those functions vested in the 

11 Department before the enactment of the Security 

12 and Accountability For Every Port Act; and 

13 ‘‘(2) for coordinating such administration with 

14 nuclear and radiological detection and prevention ac15 tivities of other Federal departments and agencies. 

16 ‘‘(b) TRANSFER OF FUNCTIONS.—The Secretary 

17 shall transfer to the Director the authority to administer, 

18 or supervise the administration of, all functions, per19 sonnel, assets, and liabilities of all Department programs 

20 and projects relating to nuclear and radiological detection 

21 research, development, testing, and evaluation, and nu22 clear and radiological detection system acquisition and de23 ployment, including with respect to functions and assets 

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1 tions, assets, and personnel transferred pursuant to sec2 tion 2010(c). 

3 ‘‘SEC. 2003. GLOBAL NUCLEAR DETECTION ARCHITECTURE. 

4 ‘‘(a) IN GENERAL.—The Director shall coordinate 

5 the Federal Government’s implementation of a global nu6 clear 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 Department components of the 

12 strategy in the United States; and 

13 ‘‘(3) coordinate Department and Federal inter14 agency efforts to deploy the elements of the global 

15 nuclear detection architecture outside the United 

16 States. 

17 ‘‘(c) RELATIONSHIP TO OTHER DEPARTMENTS AND

18 AGENCIES.—The authority of the Director under this sec19 tion shall not affect an authority or responsibility of any 

20 other department or agency of the Federal Government 

21 with respect to the deployment of nuclear and radiological 

22 detection systems under any program administered by 

23 that department or agency. 


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1 ‘‘SEC. 2004. RESEARCH AND DEVELOPMENT. 

2 ‘‘(a) IN GENERAL.—The Director shall carry out a 

3 research and development program to achieve trans4 formational and evolutionary improvements in detection 

5 capabilities for shielded and unshielded nuclear explosive 

6 devices and radiological dispersion devices. 

7 ‘‘(b) HIGH-RISK PROJECTS.—The program shall in8 clude funding for transformational research and develop9 ment projects that may have a high risk of failure but 

10 have the potential to provide significant benefits. 

11 ‘‘(c) LONG-TERM PROJECTS.—In order to reflect a 

12 long-term commitment to the development of more effec13 tive detection technologies, the program shall include the 

14 provision of funding for projects having a duration of more 

15 than 3 years, as appropriate. 

16 ‘‘(d) COORDINATION WITH OTHER FEDERAL PRO17 GRAMS.—The Director shall coordinate implementation of 

18 the program with other Federal agencies performing simi19 lar research and development in order to accelerate the 

20 development of effective technologies, promote technology 

21 sharing, and to avoid duplication, including through the 

22 use of the interagency coordination council established 

23 under section 2013. 


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1 ‘‘SEC. 2005. SYSTEM ASSESSMENTS. 

2 ‘‘(a) IN GENERAL.—The Director shall carry out a 

3 program to test and evaluate technology for detecting nu4 clear explosive devices and fissile or radiological material. 

5 ‘‘(b) PERFORMANCE METRICS.—The Director shall 

6 establish performance metrics for evaluating the effective7 ness of individual detectors and detection systems in de8 tecting nuclear explosive devices or fissile or radiological 

9 material— 

10 ‘‘(1) under realistic operational and environ11 mental conditions; and 

12 ‘‘(2) against realistic adversary tactics and 

13 countermeasures. 

14 ‘‘(c) PROVISION OF TESTING SERVICES.— 

15 ‘‘(1) IN GENERAL.—The Director may, under 

16 the program, make available testing services to de17 velopers of detection technologies. The results of the 

18 tests performed with services made available under 

19 this subsection shall be confidential and may not be 

20 disclosed to individuals or entities outside of the 

21 Federal Government without the consent of the de22 veloper for whom the tests are performed. 

23 ‘‘(2) FEES.—The Director may charge fees, as 

24 appropriate, for performance of services under this 

25 subsection. 

26 ‘‘(d) SYSTEM ASSESSMENTS.— 


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1 ‘‘(1) IN GENERAL.—The Director shall periodi2 cally perform system-wide assessments of the global 

3 nuclear detection architecture to identify 

4 vulnerabilities and to gauge overall system perform5 ance against nuclear and radiological threats. 

6 ‘‘(2) INCLUDED ACTIVITIES.—The assessments 

7 shall include— 

8 ‘‘(A) red teaming activities to identify 

9 vulnerabilities and possible modes of attack and 

10 concealment methods; and 

11 ‘‘(B) net assessments to determine archi12 tecture performance against adversary tactics 

13 and concealment methods. 

14 ‘‘(3) USE.—The Director shall use the assess15 ments to guide deployment of the global nuclear de16 tection architecture and the research and develop17 ment activities of the Office. 

18 ‘‘SEC. 2006. TECHNOLOGY ACQUISITION, DEPLOYMENT, 

19 SUPPORT, AND TRAINING. 

20 ‘‘(a) ACQUISITION STRATEGY.— 

21 ‘‘(1) IN GENERAL.—The Director shall develop 

22 and, subject to the availability of appropriations, 

23 execute a strategy for the acquisition and deploy24 ment of detection systems in order to implement the 


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1 Department components of the global nuclear detec2 tion architecture developed under section 2003. 

3 ‘‘(2) USE OF AVAILABLE CONTRACTING PROCE4 DURES.—The Director shall make use of all con5 tracting procedures available to the Secretary to im6 plement the acquisition strategy. 

7 ‘‘(3) DETERMINATION OF QUALIFIED ANTI-TER8 RORISM TECHNOLOGY.—The Director shall make 

9 recommendations based on the criteria included in 

10 section 862(b) as to whether the detection systems 

11 acquired pursuant to this subsection shall be des12 ignated by the Secretary as anti-terrorism tech13 nologies that qualify for protection under the system 

14 of risk management set forth in subtitle G of title 

15 VIII. The Undersecretary for Science and Tech16 nology shall consider the Director’s recommenda17 tions and expedite the process of determining wheth18 er such detection systems shall be designated as 

19 anti-terrorism technologies that qualify for such pro20 tection. 

21 ‘‘(b) DEPLOYMENT.—The Director shall deploy de22 tection systems for use by Department operational units 

23 and other end-users in implementing the global nuclear 

24 detection architecture. 

25 ‘‘(c) OPERATIONAL SUPPORT AND PROTOCOLS.— 


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1 ‘‘(1) OPERATIONAL SUPPORT.—The Director 

2 shall provide operational support for all systems ac3 quired to implement the acquisition strategy devel4 oped under subsection (a). 

5 ‘‘(2) OPERATIONAL PROTOCOLS.—The Director 

6 shall develop operational protocols for detection tech7 nology acquired and deployed to implement the ac8 quisition strategy, including procedures for alarm 

9 resolution and notification of appropriate response 

10 agencies in the event that illicit nuclear, radioactive, 

11 or fissile materials are detected by such a product or 

12 service. 

13 ‘‘(3) TECHNICAL REACHBACK.—The Director 

14 will ensure that the expertise necessary to accurately 

15 interpret detection data is made available in a timely 

16 manner for all technology deployed to implement the 

17 global nuclear detection architecture. 

18 ‘‘(d) TRAINING.—The Director shall develop and dis19 tribute training materials and provide training to all end20 users of technology acquired by the Director under the ac21 quisition strategy. 

22 ‘‘(e) SOLICITATION OF END-USER INPUT.—In devel23 oping requirements for the research and development pro24 gram of section 2004 and requirements for the acquisition 

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1 section (a), the Director shall solicit input from end-users 

2 of such systems. 

3 ‘‘(f) STATE AND LOCAL SUPPORT.—Upon request, 

4 the Director shall provide guidance regarding radiation 

5 detection technology acquisitions to be made by State, ter6 ritorial, tribal and local governments and emergency re7 sponse providers. 

8 ‘‘SEC. 2007. SITUATIONAL AWARENESS. 

9 ‘‘(a) DETECTION INFORMATION.—The Director— 

10 ‘‘(1) shall continuously monitor detection infor11 mation received from foreign and domestic detection 

12 systems to maintain for the Department a situa13 tional awareness of all nuclear threats; 

14 ‘‘(2) shall gather and archive— 

15 ‘‘(A) detection data measurements taken of 

16 benign activities in the normal flows of com17 merce; and 

18 ‘‘(B) alarm data, including false alarms 

19 and nuisance alarms. 

20 ‘‘(b) INFORMATION SHARING.—The Director shall 

21 coordinate with other governmental agencies to ensure 

22 that the detection of unauthorized nuclear explosive de23 vices, fissile material, or radiological material is promptly 

24 reported to all appropriate Federal response agencies in25 cluding the Attorney General, the Director of the Federal 


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1 Bureau of Investigation, the Secretary of Defense, and the 

2 Secretary of Energy. 

3 ‘‘(c) INCIDENT RESOLUTION.—The Director shall as4 sess nuclear threats communicated by Federal, State, trib5 al, or local officials and provide adequate technical 

6 reachback capability for swift and effective incident resolu7 tion. 

8 ‘‘(d) SECURITY.—The Director shall— 

9 ‘‘(1) develop and implement security standards 

10 and protocols for the control and protection of all 

11 classified or sensitive information in possession of 

12 the Office; and 

13 ‘‘(2) ensure that relevant personnel of the Of14 fice have the required security clearances to properly 

15 handle such information. 

16 ‘‘SEC. 2008. FORENSIC ANALYSIS. 

17 ‘‘The Director shall perform all research, develop18 ment, and acquisition activities of the Department per19 taining to forensic analysis and attribution of nuclear and 

20 radiological attacks. 

21 ‘‘SEC. 2009. THREAT INFORMATION. 

22 ‘‘(a) THREAT ASSESSMENTS.—The Director shall 

23 utilize classified and unclassified nuclear and radiological 

24 threat assessments in designing the global nuclear detec25 tion architecture under section 2003, prioritizing detection 


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1 system deployments, and testing and optimizing system 

2 performance of that architecture, including assessments 

3 of— 

4 ‘‘(1) smuggling routes; 

5 ‘‘(2) locations of relevant nuclear and radio6 logical material throughout the world; 

7 ‘‘(3) relevant terrorist tradecraft and conceal8 ment methods; 

9 ‘‘(4) relevant nuclear and radiological threat ob10 jects in terms of possible detection signatures. 

11 ‘‘(b) ACCESS TO INFORMATION.—The Secretary shall 

12 provide the Director access to all information relating to 

13 nuclear and radiological threats, including reports, assess14 ments, analyses, and unevaluated intelligence, that is nec15 essary to successfully design, deploy, and support the op16 eration of an effective global detection architecture under 

17 section 1903. 

18 ‘‘(c) ANALYTICAL SUPPORT.—The Director shall re19 quest that the Secretary provide to the Director, pursuant 

20 to section 201(d)(18), the requisite intelligence and infor21 mation analysis support necessary to effectively discharge 

22 the Director’s responsibilities. 

23 ‘‘(d) ANALYTICAL EXPERTISE.—For the purposes of 

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1 propriations, may hire professional personnel who are ana2 lysts with experience in performing nuclear and radio3 logical threat assessments. 

4 ‘‘(e) COLLECTION REQUESTS.—The Director shall 

5 recommend to the Secretary consultation that should 

6 occur pursuant to section 201(d)(10) regarding intel7 ligence collection to design, deploy, and support the oper8 ation of the global detection architecture under section 

9 2003. 

10 ‘‘SEC. 2010. ADMINISTRATIVE AUTHORITIES. 

11 ‘‘(a) HIRING.—In hiring personnel for the Office, the 

12 Secretary shall have hiring and management authorities 

13 described in section 1101 of the Strom Thurmond Na14 tional Defense Authorization Act for Fiscal Year 1999 (5 

15 U.S.C. 3104 note; Public Law 105–261). The term of ap16 pointments for employees under subsection (c)(1) of that 

17 section may not exceed 5 years before granting any exten18 sion under subsection (c)(2) of that section. 

19 ‘‘(b) DETAIL OF PERSONNEL.—In order to assist the 

20 Director in discharging the Director’s responsibilities, per21 sonnel of other Federal agencies may be detailed to the 

22 Office for the performance of analytic functions and re23 lated duties. 

24 ‘‘(c) TRANSFER OF SCIENCE AND TECHNOLOGY

25 FUNCTIONS, PERSONNEL, AND ASSETS.— 


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1 ‘‘(1) TRANSFER REQUIRED.—Except as pro2 vided in paragraph (2), the Secretary shall transfer 

3 to the Director the functions, assets, and personnel 

4 of the Department relating to radiological and nu5 clear countermeasures, including forensics of con6 taminated evidence and attack attribution. 

7 ‘‘(2) EXCEPTIONS.—The Secretary shall not 

8 transfer under paragraph (1) functions, assets, and 

9 personnel relating to consequence management and 

10 recovery. 

11 ‘‘(3) ELIMINATION OF DUPLICATION OF EF12 FORT.—The Secretary shall ensure that to the ex13 tent there are complementary functions vested in the 

14 Directorate of Science and Technology and the Of15 fice with respect to radiological and nuclear counter16 measures, the Under Secretary for Science and 

17 Technology and the Director coordinate the pro18 grams they administer to eliminate duplication and 

19 increase integration opportunities, particularly with 

20 respect to technology development and test and eval21 uation. 

22 ‘‘SEC. 2011. REPORT REQUIREMENT. 

23 ‘‘The Director shall submit to the appropriate con24 gressional committees an annual report on the following: 


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1 ‘‘(1) The global detection strategy developed 

2 under section 2003. 

3 ‘‘(2) The status of implementation of such ar4 chitecture. 

5 ‘‘(3) The schedule for future detection system 

6 deployments under such architecture. 

7 ‘‘(4) The research and development program of 

8 the Office. 

9 ‘‘(5) A summary of actions taken by the Office 

10 during the reporting period to counter nuclear and 

11 radiological threats. 

12 ‘‘SEC. 2012. ADVISORY COUNCIL ON NUCLEAR DETECTION. 

13 ‘‘(a) ESTABLISHMENT.—Pursuant to section 871 of 

14 this Act, the Secretary shall establish within the Office 

15 an Advisory Council on Nuclear Detection, which shall re16 port to the Director (in this section referred to as the ‘Ad17 visory Council’). 

18 ‘‘(b) FUNCTIONS.—The Advisory Council shall, at the 

19 request of the Director— 

20 ‘‘(1) advise the Director on recommendations 

21 for the global nuclear detection architecture devel22 oped under section 2003(a); 

23 ‘‘(2) identify research areas for development of 

24 next-generation and transformational nuclear and 

25 radiological detection technologies; and 


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1 ‘‘(3) and have such additional responsibilities as 

2 the Director may assign in furtherance of the De3 partment’s homeland security mission with respect 

4 to enhancing domestic and international nuclear and 

5 radiological detection capabilities. 

6 ‘‘(c) MEMBERSHIP.—The Advisory Council shall con7 sist of 5 members appointed by the Director, who shall— 

8 ‘‘(1) be individuals who have an eminent knowl9 edge and technical expertise related to nuclear and 

10 radiological detection research and development and 

11 radiation detection; 

12 ‘‘(2) be selected solely on the basis of their es13 tablished record of distinguished service; and 

14 ‘‘(3) not be employees of the Federal Govern15 ment, other than employees of National Labora16 tories. 

17 ‘‘(d) CONFLICT OF INTEREST RULES.—The Advisory 

18 Council shall establish rules for determining when one of 

19 its members has a conflict of interest in a matter being 

20 considered by the Advisory Council, and the appropriate 

21 course of action to address such conflicts of interest. 

22 ‘‘SEC. 2013. INTERAGENCY COORDINATION COUNCIL. 

23 ‘‘The President— 


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1 ‘‘(1) shall establish an interagency coordination 

2 council to facilitate interagency cooperation for pur3 poses of implementing this title; 

4 ‘‘(2) shall appoint the Secretary to chair the 

5 interagency coordination council; and 

6 ‘‘(3) may appoint the Attorney General, the 

7 Secretary of Energy, the Secretary of State, the Sec8 retary of Defense, and the heads of other appro9 priate Federal agencies to designate members to 

10 serve on such council. 

11 ‘‘SEC. 2014. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There is authorized to be appropriated to carry out 

13 this title— 

14 ‘‘(1) $536,000,000 for fiscal year 2007; and 

15 ‘‘(2) such sums as may be necessary for each 

16 subsequent fiscal year. 

17 ‘‘SEC. 2015. DEFINITIONS. 

18 ‘‘In this title: 

19 ‘‘(1) The term ‘Director’ means the Director of 

20 the Domestic Nuclear Detection Office. 

21 ‘‘(2) The term ‘fissile materials’ means mate22 rials capable of sustaining a nuclear chain reaction. 

23 ‘‘(3) The term ‘global nuclear detection archi24 tecture’ means a multi-layered system of detectors 

25 deployed internationally and domestically to detect 


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1 and interdict nuclear and radiological materials in2 tended for illicit use. 

3 ‘‘(4) The term ‘nuclear and radiological detec4 tion system’ means any technology that is capable of 

5 detecting or identifying nuclear and radiological ma6 terial or explosive devices. 

7 ‘‘(5) The term ‘Office’ means the Domestic Nu8 clear Detection Office. 

9 ‘‘(6) The term ‘radiological material’ means 

10 material that emits nuclear radiation. 

11 ‘‘(7) The term ‘nuclear explosive device’ means 

12 an explosive device capable of producing a nuclear 

13 yield. 

14 ‘‘(8) The term ‘technical reachback’ means 

15 technical expert support provided to operational end 

16 users for data interpretation and alarm resolution. 

17 ‘‘(9) The term ‘transformational’ means that, if 

18 successful, will produce dramatic technological im19 provements over existing capabilities in the areas of 

20 performance, cost, or ease of use.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) Section 103(d) of the Homeland Security 

23 Act of 2002 (6 U.S.C. 113(d)) is amended by adding 

24 at the end the following: 


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1 ‘‘(5) A Director of the Domestic Nuclear Detec2 tion Office.’’. 

3 (2) Section 302 of such Act (6 U.S.C. 182) is 

4 amended— 

5 (A) in paragraph (2) by striking ‘‘radio6 logical, nuclear,’’; and 

7 (B) in paragraph (5)(A) by striking ‘‘radi8 ological, nuclear,’’. 

9 (3) Section 305 of such Act (6 U.S.C. 185) is 

10 amended by inserting ‘‘and the Director of the Do11 mestic Nuclear Detection Office’’ after ‘‘Tech12 nology’’. 

13 (4) Section 308 of such Act (6 U.S.C. 188) is 

14 amended in each of subsections (a) and (b)(1) by in15 serting ‘‘and the Director of the Domestic Nuclear 

16 Detection Office’’ after ‘‘Technology’’. 

17 (c) CLERICAL AMENDMENT.—The table of contents 

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

19 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. 


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‘‘Sec. 2011. Report requirement. 

‘‘Sec. 2012. Advisory Council on Nuclear Detection. 

‘‘Sec. 2013. Interagency coordination council. 

‘‘Sec. 2014. Authorization of appropriations. 

‘‘Sec. 2015. Definitions.’’. 

1 SEC. 402. NUCLEAR AND RADIOLOGICAL DETECTION SYS2 TEMS. 

3 (a) DEPLOYMENT.—Not later than September 30, 

4 2007, the Secretary of Homeland Security shall deploy nu5 clear and radiological detection systems at 22 United 

6 States seaports. To the extent feasible, the Secretary shall 

7 deploy the next-generation radiation portal monitors test8 ed in the pilot program under subsection (d) at such 

9 United States seaports. 

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

11 date of the 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 nuclear and radiological detection systems at all remaining 

16 United States seaports. 

17 (c) CONTENTS.—The strategy submitted under sub18 section (b) shall include— 

19 (1) a risk-based prioritization of United States 

20 seaports at which nuclear and radiological detection 

21 systems will deployed; 


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1 (2) a proposed timeline of when nuclear and ra2 diological detection systems will be deployed at each 

3 of the seaports identified under paragraph (1); 

4 (3) the type of systems to be used at each of 

5 the seaports identified under paragraph (1); 

6 (4) standard operating procedures for exam7 ining containers with such systems; 

8 (5) the Department policy for using nuclear 

9 and radiological detection systems; 

10 (6) a classified annex that details plans for cov11 ert testing; and 

12 (7) a classified annex that outlines the risk13 based prioritization of seaports used under para14 graph (1). 

15 (d) SAFETY PLAN.—Not later than 180 days after 

16 the date of the enactment of this Act, the Secretary shall 

17 submit to the appropriate congressional committees a plan 

18 that— 

19 (1) details the health and safety impacts of nu20 clear and radiological detection systems; and 

21 (2) describes the policy of U.S. Customs and 

22 Border Protection for using nuclear and radiological 

23 detection systems. 

24 (e) PILOT PROGRAM.— 


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1 (1) IN GENERAL.—Not later than January 1, 

2 2007, the Secretary, acting through the Director of 

3 the Domestic Nuclear Detection Office of the De4 partment, shall initiate a pilot program to deploy 

5 and test the operational performance of next-genera6 tion radiation portal monitors at one or more United 

7 States seaports with a high-volume of containerized 

8 cargo. 

9 (2) REPORT.—Not later than March 31, 2007, 

10 the Secretary shall submit to the appropriate con11 gressional committees a report that contains— 

12 (A) a description of the next-generation ra13 diation portal monitors deployed at United 

14 States seaports under the pilot program; 

15 (B) a description of the operational charac16 teristics of the pilot program at selected United 

17 States seaports; and 

18 (C) an evaluation of the operational per19 formance of the next-generation radiation portal 

20 monitors, including nuisance alarm rates, and a 

21 description of the standards used in such eval22 uation. 

23 (f) DEPLOYMENT OF NEXT-GENERATION RADIATION

24 PORTAL MONITORS.— 


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1 (1) IN GENERAL.—If the Secretary, acting 

2 through the Director of the Domestic Nuclear De3 tection Office of the Department, determines that 

4 the operational performance of the next-generation 

5 radiation portal monitors under the pilot program 

6 carried out under subsection (e) has met the stand7 ards described subsection (e)(2)(C), the Secretary 

8 shall deploy next-generation radiation portal mon9 itors, in fixed or other configurations, at all United 

10 States seaports with a high-volume of containerized 

11 cargo to improve cargo screening capabilities at such 

12 seaports not later than September 30, 2007. 

13 (2) CONGRESSIONAL NOTIFICATION.—If any de14 ployment of next-generation radiation portal mon15 itors is deemed by the Secretary to be operationally 

16 infeasible or would result in ineffective, inefficient, 

17 or otherwise wasteful use of resources, the Secretary 

18 shall notify the appropriate congressional committees 

19 and recommend alternative actions. 

20 (g) ENHANCING OVERSEAS DETECTION CAPABILI21 TIES.—The Secretary, acting through the Director of the 

22 Domestic Nuclear Detection Office of the Department, 

23 shall work with appropriate Federal departments and 

24 agencies to coordinate the installation of nuclear and radi25 ological detection systems at foreign seaports. 


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1 (h) DEFINITIONS.—In this section: 

2 (1) NEXT-GENERATION RADIATION PORTAL

3 MONITORS.—The term ‘‘next-generation radiation 

4 portal monitors’’ means non-intrusive, containerized 

5 cargo examination technologies that possess radio6 nuclide isotope identification capabilities. 

7 (2) NUCLEAR AND RADIOLOGICAL DETECTION

8 SYSTEM.—The term ‘‘nuclear and radiological detec9 tion system’’ means any technology that is capable 

10 of detecting or identifying nuclear and radiological 

11 material or explosive devices. 

Passed the House of Representatives May 4, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 432 

109TH CONGRESS 

2D SESSION H. R. 4954 

AN ACT 

To improve maritime and cargo security through 

enhanced layered defenses, and for other purposes. 

MAY 16, 2006 

Read the second time and placed on the calendar 


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