II 

112TH CONGRESS 

1ST SESSION S. 832 

To reauthorize certain port security programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2011 

Ms. COLLINS (for herself and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To reauthorize certain port security programs, 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 ‘‘SAFE Port Reauthorization Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Extension of port security programs. 

Sec. 3. Customs-Trade Partnership Against Terrorism. 

Sec. 4. Recognition of other countries’ trusted shipper programs. 

Sec. 5. Secure Freight Initiative. 

Sec. 6. Strengthening America’s Waterway Watch Program. 

Sec. 7. Port security grant program management. 


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1 SEC. 2. EXTENSION OF PORT SECURITY PROGRAMS. 

2 (a) AUTOMATED TARGETING SYSTEM.—Section 

3 203(g) of the SAFE Port Act (6 U.S.C. 943(g)) is amend4 ed by striking paragraphs (1) through (3) and inserting 

5 the following: 

6 ‘‘(1) $32,565,000 for fiscal year 2011; 

7 ‘‘(2) $33,475,000 for fiscal year 2012; 

8 ‘‘(3) $34,500,000 for fiscal year 2013; 

9 ‘‘(4) $35,550,000 for fiscal year 2014; 

10 ‘‘(5) $36,580,000 for fiscal year 2015; and 

11 ‘‘(6) $37,710,000 for fiscal year 2016.’’. 

12 (b) CONTAINER SECURITY INITIATIVE.—Section 

13 205(m) of the SAFE Port Act (6 U.S.C. 945(m)) is 

14 amended by striking paragraphs (1) through (3) and in15 serting the following: 

16 ‘‘(1) $166,860,000 for fiscal year 2011; 

17 ‘‘(2) $171,865,000 for fiscal year 2012; 

18 ‘‘(3) $177,000,000 for fiscal year 2013; 

19 ‘‘(4) $182,330,000 for fiscal year 2014; 

20 ‘‘(5) $187,800,000 for fiscal year 2015; and 

21 ‘‘(6) $193,600,000 for fiscal year 2016.’’. 

22 (c) CUSTOMS-TRADE PARTNERSHIP AGAINST TER23 RORISM.—Section 223(a) of the SAFE Port Act (6 U.S.C. 

24 973(a)) is amended by striking paragraphs (1) through 

25 (3) and inserting the following: 

26 ‘‘(1) $64,500,000 for fiscal year 2011; 


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1 ‘‘(2) $66,400,000 for fiscal year 2012; 

2 ‘‘(3) $68,400,000 for fiscal year 2013; 

3 ‘‘(4) $70,500,000 for fiscal year 2014; 

4 ‘‘(5) $72,500,000 for fiscal year 2015; and 

5 ‘‘(6) $74,700,000 for fiscal year 2016.’’. 

6 SEC. 3. CUSTOMS-TRADE PARTNERSHIP AGAINST TER7 RORISM. 

8 (a) UNANNOUNCED INSPECTIONS.—Section 217(a) 

9 of the SAFE Port Act (6 U.S.C. 967(a)) is amended— 

10 (1) by striking ‘‘If at any time’’ and inserting 

11 the following: 

12 ‘‘(1) FAILURE TO MEET REQUIREMENTS.—If at 

13 any time’’; and 

14 (2) by inserting after paragraph (1), as redesig15 nated, the following: 

16 ‘‘(2) UNANNOUNCED INSPECTIONS.—The Sec17 retary, acting through the Commissioner, may con18 duct an unannounced inspection of a C–TPAT par19 ticipant’s security measures and supply chain secu20 rity practices if the Commissioner determines, based 

21 on previously identified deficiencies in security meas22 ures and supply chain security practices of the C– 

23 TPAT participant, that there is a significant likeli24 hood that such an inspection would assist in conVerDate Mar 15 2010 21:22 Apr 18, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S832.IS S832

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1 firming the security measures in place and further 

2 the validation process.’’. 

3 (b) TIER 2 PARTICIPANTS.—Section 215(b) of the 

4 SAFE Port Act (6 U.S.C. 965(b)) is amended— 

5 (1) by striking ‘‘and’’ at the end of paragraph 

6 (2); 

7 (2) by striking the period at the end of para8 graph (3) and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(4) voluntary training on supply chain secu11 rity.’’. 

12 (c) ADDITIONAL TRADE BENEFITS.—Section 216 of 

13 the SAFE Port Act (6 U.S.C. 966) is amended— 

14 (1) in subsection (c)— 

15 (A) in paragraph (3), by striking ‘‘and’’ at 

16 the end; 

17 (B) in paragraph (4), by striking ‘‘and’’ at 

18 the end; 

19 (C) in paragraph (5), by striking the pe20 riod at the end and inserting a semicolon; and 

21 (D) by adding at the end the following: 

22 ‘‘(6) voluntary training on supply chain secu23 rity; and 

24 ‘‘(7) increased information sharing on the secu25 rity threats described in subsection (d).’’; and 


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1 (2) by striking subsection (d) and inserting the 

2 following: 

3 ‘‘(d) PRIVATE SECTOR INFORMATION SHARING ON

4 SECURITY THREATS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a program to promote sharing information with 

7 Tier 3 participants and other private entities regard8 ing— 

9 ‘‘(A) potential vulnerabilities, attacks, and 

10 exploitations of the international supply chain; 

11 and 

12 ‘‘(B) means and methods of preventing, re13 sponding to, and mitigating consequences from 

14 the vulnerabilities, attacks, and exploitations 

15 described in subparagraph (A). 

16 ‘‘(2) CONTENTS.—The program established 

17 under paragraph (1) shall include— 

18 ‘‘(A) the creation of classified and unclas19 sified means of accessing information that may 

20 be used by appropriately cleared personnel and 

21 that will provide, as appropriate, ongoing situa22 tional awareness of the security of the inter23 national supply chain; and 

24 ‘‘(B) the creation of guidelines to establish 

25 a mechanism by which owners and operators of 


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1 international supply chain infrastructure may 

2 report actual or potential security breaches.’’. 

3 SEC. 4. RECOGNITION OF OTHER COUNTRIES’ TRUSTED 

4 SHIPPER PROGRAMS. 

5 Section 218 of the SAFE Port Act (6 U.S.C. 968) 

6 is amended by adding at the end the following: 

7 ‘‘(j) RECOGNITION OF OTHER COUNTRIES’ TRUSTED

8 SHIPPER PROGRAMS.—Not later than 30 days before en9 tering into an arrangement between the United States and 

10 a foreign government providing for mutual recognition of 

11 supply chain security programs, which may result in the 

12 awarding of benefits described in section 214, 215, or 216 

13 of the SAFE Port Act, the Secretary of Homeland Secu14 rity shall— 

15 ‘‘(1) notify Congress of the proposed terms of 

16 such arrangement; and 

17 ‘‘(2) determine, in consultation with the Com18 missioner that the foreign government’s supply chain 

19 security program provides an equivalent level of sup20 ply chain security as provided by the Customs-Trade 

21 Partnership Against Terrorism.’’. 

22 SEC. 5. SECURE FREIGHT INITIATIVE. 

23 Section 232(b) of the SAFE Port Act (6 U.S.C. 

24 982(b)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘A container’’ 

2 and inserting ‘‘Except as provided under paragraph 

3 (10), a container’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(10) WAIVER.—The Secretary may waive the 

6 application of paragraph (1) if the Secretary cer7 tifies to Congress that— 

8 ‘‘(A) C–TPAT revalidations are occurring 

9 at least once every 4 years; 

10 ‘‘(B) the Container Security Initiative has 

11 been implemented and is in operation at all 

12 high-risk foreign ports; 

13 ‘‘(C) 100 percent of cargo containers origi14 nating outside the United States undergo a 

15 screening to identify high-risk containers; 

16 ‘‘(D) 100 percent of the containers that 

17 have been identified as high-risk are scanned or 

18 searched before entering the United States; and 

19 ‘‘(E) the additional data elements required 

20 to be submitted to the Department under sec21 tion 203 to identify high-risk cargo have im22 proved the capabilities of the Automated Tar23 geting System, based on empirical evidence of 

24 seizures of illegal narcotics and dangerous ma25 terials.’’. 


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1 SEC. 6. STRENGTHENING AMERICA’S WATERWAY WATCH 

2 PROGRAM. 

3 (a) IMMUNITY.— 

4 (1) IMMUNITY FOR REPORTS OF SUSPECTED

5 TERRORIST ACTIVITY OR SUSPICIOUS BEHAVIOR AND

6 RESPONSE.— 

7 (A) IN GENERAL.—Any individual who, in 

8 good faith and based on objectively reasonable 

9 suspicion, makes, or causes to be made, a vol10 untary report of covered activity to an author11 ized official shall be immune from civil liability 

12 under Federal, State, and local law for such re13 port. 

14 (B) FALSE REPORTS.—Subparagraph (A) 

15 shall not apply to any report that— 

16 (i) the individual knew to be false; or 

17 (ii) was made with reckless disregard 

18 for the truth at the time that individual 

19 made the report. 

20 (2) IMMUNITY FOR RESPONSE.— 

21 (A) IN GENERAL.—Any authorized official 

22 who observes, or receives a report of, a covered 

23 activity and takes reasonable action in good 

24 faith to respond to such activity shall have 

25 qualified immunity from civil liability for such 

26 action, consistent with the applicable law of the 


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1 relevant jurisdiction. An authorized official not 

2 entitled to assert the defense of qualified immu3 nity shall be immune from civil liability under 

4 Federal, State, and local law if such authorized 

5 official takes reasonable action, in good faith, to 

6 respond to the reported activity. 

7 (B) SAVINGS PROVISION.—Nothing in this 

8 paragraph may be construed to— 

9 (i) affect the ability of any authorized 

10 official to assert any defense, privilege, or 

11 immunity that would otherwise be available 

12 under applicable law; or 

13 (ii) affect any such defense, privilege, 

14 or immunity. 

15 (3) ATTORNEY FEES AND COSTS.—Any indi16 vidual or authorized official granted immunity from 

17 civil liability under this section shall be entitled to 

18 recover from the plaintiff all reasonable costs and 

19 attorney fees. 

20 (4) EXEMPTION FOR FOIA.—A report regarding 

21 a covered activity made under this section shall not 

22 be subject to disclosure under section 552 of title 5, 

23 United States Code (commonly referred to as the 

24 Freedom of Information Act). 


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1 (b) REPORT.—In accordance with section 801 of the 

2 Coast Guard Authorization Act of 2010 (Public Law 111– 

3 281; 124 Stat. 2989), the Secretary shall submit a report 

4 that describes the coordination of the America’s Waterway 

5 Watch Program and similar critical infrastructure sus6 picious activity reporting programs within the Department 

7 of Homeland Security. In addition to submitting the re8 port to the Committee on Commerce of the Senate and 

9 the Committee on Homeland Security of the House of 

10 Representatives, the Secretary shall submit the report to 

11 the Committee on Homeland Security and Governmental 

12 Affairs of the Senate. 

13 (c) DEFINITIONS.—In this section: 

14 (1) ACT OF TERRORISM.—The term ‘‘act of ter15 rorism’’ has the meaning given the term in section 

16 3077 of title 18, United States Code. 

17 (2) AUTHORIZED OFFICIAL.—The term ‘‘au18 thorized official’’ means— 

19 (A) any employee or agent of a vessel, fa20 cility, port, or waterway or other person with 

21 responsibilities relating to the security of such 

22 systems; 

23 (B) any officer, employee, or agent of the 

24 Department of Homeland Security, the Depart25 ment of Transportation, or the Department of 


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1 Justice with responsibilities relating to the se2 curity of vessels, facilities, ports, or waterways; 

3 and 

4 (C) any Federal, State, or local law en5 forcement officer. 

6 (3) COVERED ACTIVITY.—The term ‘‘covered 

7 activity’’ means any suspicious transaction, activity, 

8 or occurrence that— 

9 (A) involves, or is directed against, a ves10 sel, facility, port, or waterway; and 

11 (B) indicates that an individual may be 

12 preparing to engage, or is engaging, in a viola13 tion of law relating to— 

14 (i) a threat to a vessel, facility, port, 

15 or waterway; or 

16 (ii) an act of terrorism. 

17 (4) FACILITY.—The term ‘‘facility’’ has the 

18 meaning given the term in section 70101(2) of title 

19 46, United States Code. 

20 SEC. 7. PORT SECURITY GRANT PROGRAM MANAGEMENT. 

21 (a) DETERMINATION OF APPLICATIONS.—Section 

22 70107(g) of title 46, United States Code, is amended— 

23 (1) by striking ‘‘Any entity’’ and inserting the 

24 following: 

25 ‘‘(1) IN GENERAL.—Any entity’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(2) DETERMINATION.—Notwithstanding any 

3 other provision of law, the Secretary shall, not later 

4 than 60 days after the date on which an applicant 

5 submits a complete application for a grant under 

6 this section, either approve or disapprove the appli7 cation.’’. 

8 (b) ADMINISTRATION OF COST SHARE DETERMINA9 TIONS.—Section 70107(c)(2) of title 46, United States 

10 Code, is amended by inserting after subparagraph (C) the 

11 following: 

12 ‘‘(D) COST SHARE DETERMINATIONS.— 

13 Notwithstanding any other provision of law, not 

14 later than 60 days after the date on which an 

15 applicant submits a complete application for a 

16 matching requirement (other than a project 

17 specified in paragraph (1)), the Secretary shall 

18 either approve or disapprove the application.’’. 

19 (c) ADMINISTRATION OF EXTENSIONS.—Section 

20 70107(i) of title 46, United States Code, is amended by 

21 inserting after paragraph (4) the following: 

22 ‘‘(5) EXTENSION DETERMINATIONS.—Notwith23 standing any other provision of law, not later than 

24 60 days after the date on which an applicant sub25 mits a complete application for a grant extension, 


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1 the Secretary shall either approve or disapprove the 

2 application.’’. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 70107(l) of title 46, United States Code, is amended to 

5 read as follows: 

6 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated $300,000,000 for each 

8 of the fiscal years 2011 through 2016 to carry out this 

9 section.’’. 

Æ 


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