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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 832 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``SAFE Port 
Reauthorization Act''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. EXTENSION OF PORT SECURITY PROGRAMS.

    (a) Automated Targeting System.--Section 203(g) of the SAFE Port 
Act (6 U.S.C. 943(g)) is amended by striking paragraphs (1) through (3) 
and inserting the following:
            ``(1) $32,565,000 for fiscal year 2011;
            ``(2) $33,475,000 for fiscal year 2012;
            ``(3) $34,500,000 for fiscal year 2013;
            ``(4) $35,550,000 for fiscal year 2014;
            ``(5) $36,580,000 for fiscal year 2015; and
            ``(6) $37,710,000 for fiscal year 2016.''.
    (b) Container Security Initiative.--Section 205(m) of the SAFE Port 
Act (6 U.S.C. 945(m)) is amended by striking paragraphs (1) through (3) 
and inserting the following:
            ``(1) $166,860,000 for fiscal year 2011;
            ``(2) $171,865,000 for fiscal year 2012;
            ``(3) $177,000,000 for fiscal year 2013;
            ``(4) $182,330,000 for fiscal year 2014;
            ``(5) $187,800,000 for fiscal year 2015; and
            ``(6) $193,600,000 for fiscal year 2016.''.
    (c) Customs-Trade Partnership Against Terrorism.--Section 223(a) of 
the SAFE Port Act (6 U.S.C. 973(a)) is amended by striking paragraphs 
(1) through (3) and inserting the following:
            ``(1) $64,500,000 for fiscal year 2011;
            ``(2) $66,400,000 for fiscal year 2012;
            ``(3) $68,400,000 for fiscal year 2013;
            ``(4) $70,500,000 for fiscal year 2014;
            ``(5) $72,500,000 for fiscal year 2015; and
            ``(6) $74,700,000 for fiscal year 2016.''.

SEC. 3. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM.

    (a) Unannounced Inspections.--Section 217(a) of the SAFE Port Act 
(6 U.S.C. 967(a)) is amended--
            (1) by striking ``If at any time'' and inserting the 
        following:
            ``(1) Failure to meet requirements.--If at any time''; and
            (2) by inserting after paragraph (1), as redesignated, the 
        following:
            ``(2) Unannounced inspections.--The Secretary, acting 
        through the Commissioner, may conduct an unannounced inspection 
        of a C-TPAT participant's security measures and supply chain 
        security practices if the Commissioner determines, based on 
        previously identified deficiencies in security measures and 
        supply chain security practices of the C-TPAT participant, that 
        there is a significant likelihood that such an inspection would 
        assist in confirming the security measures in place and further 
        the validation process.''.
    (b) Tier 2 Participants.--Section 215(b) of the SAFE Port Act (6 
U.S.C. 965(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) voluntary training on supply chain security.''.
    (c) Additional Trade Benefits.--Section 216 of the SAFE Port Act (6 
U.S.C. 966) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking ``and'' at the 
                end;
                    (C) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(6) voluntary training on supply chain security; and
            ``(7) increased information sharing on the security threats 
        described in subsection (d).''; and
            (2) by striking subsection (d) and inserting the following:
    ``(d) Private Sector Information Sharing on Security Threats.--
            ``(1) In general.--The Secretary shall establish a program 
        to promote sharing information with Tier 3 participants and 
        other private entities regarding--
                    ``(A) potential vulnerabilities, attacks, and 
                exploitations of the international supply chain; and
                    ``(B) means and methods of preventing, responding 
                to, and mitigating consequences from the 
                vulnerabilities, attacks, and exploitations described 
                in subparagraph (A).
            ``(2) Contents.--The program established under paragraph 
        (1) shall include--
                    ``(A) the creation of classified and unclassified 
                means of accessing information that may be used by 
                appropriately cleared personnel and that will provide, 
                as appropriate, ongoing situational awareness of the 
                security of the international supply chain; and
                    ``(B) the creation of guidelines to establish a 
                mechanism by which owners and operators of 
                international supply chain infrastructure may report 
                actual or potential security breaches.''.

SEC. 4. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS.

    Section 218 of the SAFE Port Act (6 U.S.C. 968) is amended by 
adding at the end the following:
    ``(j) Recognition of Other Countries' Trusted Shipper Programs.--
Not later than 30 days before entering into an arrangement between the 
United States and a foreign government providing for mutual recognition 
of supply chain security programs, which may result in the awarding of 
benefits described in section 214, 215, or 216 of the SAFE Port Act, 
the Secretary of Homeland Security shall--
            ``(1) notify Congress of the proposed terms of such 
        arrangement; and
            ``(2) determine, in consultation with the Commissioner that 
        the foreign government's supply chain security program provides 
        an equivalent level of supply chain security as provided by the 
        Customs-Trade Partnership Against Terrorism.''.

SEC. 5. SECURE FREIGHT INITIATIVE.

    Section 232(b) of the SAFE Port Act (6 U.S.C. 982(b)) is amended--
            (1) in paragraph (1), by striking ``A container'' and 
        inserting ``Except as provided under paragraph (10), a 
        container''; and
            (2) by adding at the end the following:
            ``(10) Waiver.--The Secretary may waive the application of 
        paragraph (1) if the Secretary certifies to Congress that--
                    ``(A) C-TPAT revalidations are occurring at least 
                once every 4 years;
                    ``(B) the Container Security Initiative has been 
                implemented and is in operation at all high-risk 
                foreign ports;
                    ``(C) 100 percent of cargo containers originating 
                outside the United States undergo a screening to 
                identify high-risk containers;
                    ``(D) 100 percent of the containers that have been 
                identified as high-risk are scanned or searched before 
                entering the United States; and
                    ``(E) the additional data elements required to be 
                submitted to the Department under section 203 to 
                identify high-risk cargo have improved the capabilities 
                of the Automated Targeting System, based on empirical 
                evidence of seizures of illegal narcotics and dangerous 
                materials.''.

SEC. 6. STRENGTHENING AMERICA'S WATERWAY WATCH PROGRAM.

    (a) Immunity.--
            (1) Immunity for reports of suspected terrorist activity or 
        suspicious behavior and response.--
                    (A) In general.--Any individual who, in good faith 
                and based on objectively reasonable suspicion, makes, 
                or causes to be made, a voluntary report of covered 
                activity to an authorized official shall be immune from 
                civil liability under Federal, State, and local law for 
                such report.
                    (B) False reports.--Subparagraph (A) shall not 
                apply to any report that--
                            (i) the individual knew to be false; or
                            (ii) was made with reckless disregard for 
                        the truth at the time that individual made the 
                        report.
            (2) Immunity for response.--
                    (A) In general.--Any authorized official who 
                observes, or receives a report of, a covered activity 
                and takes reasonable action in good faith to respond to 
                such activity shall have qualified immunity from civil 
                liability for such action, consistent with the 
                applicable law of the relevant jurisdiction. An 
                authorized official not entitled to assert the defense 
                of qualified immunity shall be immune from civil 
                liability under Federal, State, and local law if such 
                authorized official takes reasonable action, in good 
                faith, to respond to the reported activity.
                    (B) Savings provision.--Nothing in this paragraph 
                may be construed to--
                            (i) affect the ability of any authorized 
                        official to assert any defense, privilege, or 
                        immunity that would otherwise be available 
                        under applicable law; or
                            (ii) affect any such defense, privilege, or 
                        immunity.
            (3) Attorney fees and costs.--Any individual or authorized 
        official granted immunity from civil liability under this 
        section shall be entitled to recover from the plaintiff all 
        reasonable costs and attorney fees.
            (4) Exemption for foia.--A report regarding a covered 
        activity made under this section shall not be subject to 
        disclosure under section 552 of title 5, United States Code 
        (commonly referred to as the Freedom of Information Act).
    (b) Report.--In accordance with section 801 of the Coast Guard 
Authorization Act of 2010 (Public Law 111-281; 124 Stat. 2989), the 
Secretary shall submit a report that describes the coordination of the 
America's Waterway Watch Program and similar critical infrastructure 
suspicious activity reporting programs within the Department of 
Homeland Security. In addition to submitting the report to the 
Committee on Commerce of the Senate and the Committee on Homeland 
Security of the House of Representatives, the Secretary shall submit 
the report to the Committee on Homeland Security and Governmental 
Affairs of the Senate.
    (c) Definitions.--In this section:
            (1) Act of terrorism.--The term ``act of terrorism'' has 
        the meaning given the term in section 3077 of title 18, United 
        States Code.
            (2) Authorized official.--The term ``authorized official'' 
        means--
                    (A) any employee or agent of a vessel, facility, 
                port, or waterway or other person with responsibilities 
                relating to the security of such systems;
                    (B) any officer, employee, or agent of the 
                Department of Homeland Security, the Department of 
                Transportation, or the Department of Justice with 
                responsibilities relating to the security of vessels, 
                facilities, ports, or waterways; and
                    (C) any Federal, State, or local law enforcement 
                officer.
            (3) Covered activity.--The term ``covered activity'' means 
        any suspicious transaction, activity, or occurrence that--
                    (A) involves, or is directed against, a vessel, 
                facility, port, or waterway; and
                    (B) indicates that an individual may be preparing 
                to engage, or is engaging, in a violation of law 
                relating to--
                            (i) a threat to a vessel, facility, port, 
                        or waterway; or
                            (ii) an act of terrorism.
            (4) Facility.--The term ``facility'' has the meaning given 
        the term in section 70101(2) of title 46, United States Code.

SEC. 7. PORT SECURITY GRANT PROGRAM MANAGEMENT.

    (a) Determination of Applications.--Section 70107(g) of title 46, 
United States Code, is amended--
            (1) by striking ``Any entity'' and inserting the following:
            ``(1) In general.--Any entity''; and
            (2) by adding at the end the following:
            ``(2) Determination.--Notwithstanding any other provision 
        of law, the Secretary shall, not later than 60 days after the 
        date on which an applicant submits a complete application for a 
        grant under this section, either approve or disapprove the 
        application.''.
    (b) Administration of Cost Share Determinations.--Section 
70107(c)(2) of title 46, United States Code, is amended by inserting 
after subparagraph (C) the following:
                    ``(D) Cost share determinations.--Notwithstanding 
                any other provision of law, not later than 60 days 
                after the date on which an applicant submits a complete 
                application for a matching requirement (other than a 
                project specified in paragraph (1)), the Secretary 
                shall either approve or disapprove the application.''.
    (c) Administration of Extensions.--Section 70107(i) of title 46, 
United States Code, is amended by inserting after paragraph (4) the 
following:
            ``(5) Extension determinations.--Notwithstanding any other 
        provision of law, not later than 60 days after the date on 
        which an applicant submits a complete application for a grant 
        extension, the Secretary shall either approve or disapprove the 
        application.''.
    (d) Authorization of Appropriations.--Section 70107(l) of title 46, 
United States Code, is amended to read as follows:
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated $300,000,000 for each of the fiscal years 2011 through 
2016 to carry out this section.''.
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