II 

111TH CONGRESS 

2D SESSION S. 3659 

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

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2010 

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. Port security grants. 

Sec. 3. Extension of port security programs. 

Sec. 4. Customs-Trade Partnership Against Terrorism. 

Sec. 5. Recognition of other countries’ trusted shipper programs. 

Sec. 6. Secure Freight Initiative. 

Sec. 7. America’s Waterway Watch Program. 


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Sec. 8. Research, development, test, and evaluation efforts in furtherance of 

maritime and cargo security. 

Sec. 9. Coast Guard Port Assistance Program. 

1 SEC. 2. PORT SECURITY GRANTS. 

2 Section 70107(l) of title 46, United States Code, is 

3 amended to read as follows: 

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

5 are authorized to be appropriated $400,000,000 for each 

6 of the fiscal years 2010 through 2015 to carry out this 

7 section.’’. 

8 SEC. 3. EXTENSION OF PORT SECURITY PROGRAMS. 

9 (a) AUTOMATED TARGETING SYSTEM.—Section 

10 203(g) of the SAFE Port Act (6 U.S.C. 943(g)) is amend11 ed by striking paragraphs (1) through (3) and inserting 

12 the following: 

13 ‘‘(1) $32,560,000 for fiscal year 2010; 

14 ‘‘(2) $32,565,000 for fiscal year 2011; 

15 ‘‘(3) $33,475,000 for fiscal year 2012; 

16 ‘‘(4) $34,500,000 for fiscal year 2013; 

17 ‘‘(5) $35,550,000 for fiscal year 2014; and 

18 ‘‘(6) $36,580,000 for fiscal year 2015.’’. 

19 (b) CONTAINER SECURITY INITIATIVE.—Section 

20 205(m) of the SAFE Port Act (6 U.S.C. 945(m)) is 

21 amended by striking paragraphs (1) through (3) and in22 serting the following: 

23 ‘‘(1) $162,000,000 for fiscal year 2010; 

24 ‘‘(2) $166,860,000 for fiscal year 2011; 


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1 ‘‘(3) $171,865,000 for fiscal year 2012; 

2 ‘‘(4) $177,000,000 for fiscal year 2013; 

3 ‘‘(5) $182,330,000 for fiscal year 2014; and 

4 ‘‘(6) $187,800,000 for fiscal year 2015.’’. 

5 (c) CUSTOMS-TRADE PARTNERSHIP AGAINST TER6 RORISM.—Section 223(a) of the SAFE Port Act (6 U.S.C. 

7 973(a)) is amended by striking paragraphs (1) through 

8 (3) and inserting the following: 

9 ‘‘(1) $62,600,000 for fiscal year 2010; 

10 ‘‘(2) $64,500,000 for fiscal year 2011; 

11 ‘‘(3) $66,400,000 for fiscal year 2012; 

12 ‘‘(4) $68,400,000 for fiscal year 2013; 

13 ‘‘(5) $70,500,000 for fiscal year 2014; and 

14 ‘‘(6) $72,500,000 for fiscal year 2015.’’. 

15 SEC. 4. CUSTOMS-TRADE PARTNERSHIP AGAINST TER16 RORISM. 

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

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

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

20 the following: 

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

22 any time’’; and 

23 (2) by inserting after paragraph (1), as redesig24 nated, the following: 


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1 ‘‘(2) UNANNOUNCED INSPECTIONS.—The Sec2 retary, acting through the Commissioner, may con3 duct an unannounced inspection of a C-TPAT par4 ticipant’s security measures and supply chain secu5 rity practices if the Commissioner determines, based 

6 on previously identified deficiencies in security meas7 ures and supply chain security practices of the C8 TPAT participant, that there is a significant likeli9 hood that such an inspection would assist in con10 firming the security measures in place and further 

11 the validation process.’’. 

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

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

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

15 (2); 

16 (2) by striking the period at the end of para17 graph (3) and inserting ‘‘; and’’; and 

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

19 ‘‘(4) voluntary training on supply chain secu20 rity.’’. 

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

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

23 (1) in subsection (c)— 

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

25 the end; 


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

2 the end; 

3 (C) in paragraph (5), by striking the pe4 riod at the end and inserting a semicolon; and 

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

6 ‘‘(6) voluntary training on supply chain secu7 rity; and 

8 ‘‘(7) increased information sharing on the secu9 rity threats described in subsection (d).’’; and 

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

11 following: 

12 ‘‘(d) PRIVATE SECTOR INFORMATION SHARING ON

13 SECURITY THREATS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall estab15 lish a program to promote sharing information with 

16 Tier 3 participants and other private entities regard17 ing— 

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

19 exploitations of the international supply chain; 

20 and 

21 ‘‘(B) means and methods of preventing, re22 sponding to, and mitigating consequences from 

23 the vulnerabilities, attacks, and exploitations 

24 described in subparagraph (A). 


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

2 under paragraph (1) shall include— 

3 ‘‘(A) the creation of classified and unclas4 sified means of accessing information that may 

5 be used by appropriately cleared personnel and 

6 that will provide, as appropriate, ongoing situa7 tional awareness of the security of the inter8 national supply chain; and 

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

10 a mechanism by which owners and operators of 

11 international supply chain infrastructure may 

12 report actual or potential security breaches.’’. 

13 SEC. 5. RECOGNITION OF OTHER COUNTRIES’ TRUSTED 

14 SHIPPER PROGRAMS. 

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

16 is amended by adding at the end the following: 

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

18 SHIPPER PROGRAMS.—Not later than 30 days before en19 tering into an agreement between the United States and 

20 a foreign government providing for mutual recognition of 

21 supply chain security programs, which would result in the 

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

23 of the SAFE Port Act, the Secretary of Homeland Secu24 rity shall— 


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

2 such agreement; and 

3 ‘‘(2) determine, in consultation with the Com4 missioner, Customs and Border Protection, that the 

5 foreign government’s supply chain security program 

6 provides an equivalent level of supply chain security 

7 as provided by the Customs-Trade Partnership 

8 Against Terrorism.’’. 

9 SEC. 6. SECURE FREIGHT INITIATIVE. 

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

11 982(b)) is amended— 

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

13 and inserting ‘‘Except as provided under paragraph 

14 (10), a container’’; and 

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

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

17 application of paragraph (1) if the Secretary cer18 tifies to Congress that— 

19 ‘‘(A) C-TPAT revalidations are occurring 

20 at least once every 4 years; 

21 ‘‘(B) the Container Security Initiative has 

22 been implemented and is in operation at all 

23 high-risk foreign ports; 


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1 ‘‘(C) 100 percent of cargo containers origi2 nating outside the United States undergo a 

3 screening to identify high-risk containers; 

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

5 have been identified as high-risk are scanned or 

6 searched before entering the United States; and 

7 ‘‘(E) the additional data elements required 

8 to be submitted to the Department under sec9 tion 203 to identify high-risk cargo have im10 proved the capabilities of the Automated Tar11 geting System, based on empirical evidence of 

12 seizures of illegal narcotics and dangerous ma13 terials.’’. 

14 SEC. 7. AMERICA’S WATERWAY WATCH PROGRAM. 

15 (a) ESTABLISHMENT.—The Secretary of Homeland 

16 Security shall establish a national maritime homeland se17 curity outreach and awareness program to be known as 

18 the America’s Waterway Watch Program (referred to in 

19 this section as the ‘‘Program’’). The program shall— 

20 (1) encourage the public and industry to recog21 nize and report suspected terrorist activity or sus22 picious behavior against a vessel, facility, port, or 

23 waterway; and 

24 (2) promote voluntary reporting of such activity 

25 or behavior. 


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1 (b) PURPOSE.—The Program shall be to promote vol2 untary reporting of activities that indicate that a person 

3 may be preparing to engage or is engaging in a violation 

4 of law relating to a threat or act of terrorism against a 

5 vessel, facility, port, or waterway. 

6 (c) COMPONENTS.—The Program shall— 

7 (1) consist of a network of individuals, agencies, 

8 and community-based organizations to— 

9 (A) encourage the public and industry to 

10 recognize and report a covered activity (as de11 fined in subsection (g)); 

12 (B) promote voluntary reporting of such 

13 activity; and 

14 (C) enhance the situational awareness 

15 within the Nation’s ports and waterways; 

16 (2) be conducted in cooperation with Federal, 

17 State, and local law enforcement agencies, to the ex18 tent practicable; and 

19 (3) include education in— 

20 (A) observing and reporting on covered ac21 tivities; and 

22 (B) sharing such reports and coordinating 

23 the response to such activities by Federal, 

24 State, and local law enforcement agencies. 


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1 (d) VOLUNTARY PARTICIPATION.—Participation in 

2 the Program— 

3 (1) shall be voluntary; 

4 (2) shall not be a prerequisite to eligibility for, 

5 or receipt of, any other service or assistance from, 

6 or to participation in, any other program; and 

7 (3) shall not require disclosure of information 

8 regarding the individual reporting covered activities 

9 or, for proprietary purposes, the location of such in10 dividual. 

11 (e) IMMUNITY.— 

12 (1) IMMUNITY FOR REPORTS OF SUSPECTED

13 TERRORIST ACTIVITY OR SUSPICIOUS BEHAVIOR AND

14 RESPONSE.— 

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

16 good faith and based on objectively reasonable 

17 suspicion, makes, or causes to be made, a vol18 untary report of covered activity to an author19 ized official shall be immune from civil liability 

20 under Federal, State, and local law for such re21 port. 

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

23 shall not apply to any report that— 

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


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1 (ii) was made with reckless disregard 

2 for the truth at the time that individual 

3 made the report. 

4 (2) IMMUNITY FOR RESPONSE.— 

5 (A) IN GENERAL.—Any authorized official 

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

7 activity and takes reasonable action in good 

8 faith to respond to such activity shall have 

9 qualified immunity from civil liability for such 

10 action, consistent with the applicable law of the 

11 relevant jurisdiction. An authorized official not 

12 entitled to assert the defense of qualified immu13 nity shall be immune from civil liability under 

14 Federal, State, and local law if such authorized 

15 official takes reasonable action, in good faith, to 

16 respond to the reported activity. 

17 (B) SAVINGS PROVISION.—Nothing in this 

18 paragraph may be construed to— 

19 (i) affect the ability of any authorized 

20 official to assert any defense, privilege, or 

21 immunity that would otherwise be available 

22 under applicable law; or 

23 (ii) affect any such defense, privilege, 

24 or immunity. 


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1 (3) ATTORNEY FEES AND COSTS.—Any indi2 vidual or authorized official granted immunity from 

3 civil liability under this section shall be entitled to 

4 recover from the plaintiff all reasonable costs and 

5 attorney fees. 

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

7 a covered activity made under this section shall not 

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

9 United States Code (commonly referred to as the 

10 Freedom of Information Act). 

11 (f) COORDINATION.— 

12 (1) IN GENERAL.—The Secretary of Homeland 

13 Security shall— 

14 (A) coordinate the Program with similar 

15 critical infrastructure suspicious activity report16 ing programs within the Department of Home17 land Security; and 

18 (B) identify best practices from such pro19 grams, including how to provide feedback to 

20 those that report suspicious activities. 

21 (2) CONSULTATION.—The Secretary of Home22 land Security shall, in developing the Program, con23 sult with representatives of the recreational boating 

24 community and commercial fishing and vessel operaVerDate Mar 15 2010 02:18 Jul 28, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3659.IS S3659

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1 tors to foster long-term participation and success of 

2 the Program. 

3 (3) REPORT.—Not later than January 1 of 

4 each year, the Secretary shall submit a report that 

5 describes the coordination of the Program and simi6 lar critical infrastructure suspicious activity report7 ing programs within the Department of Homeland 

8 Security to— 

9 (A) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; and 

11 (B) the Committee on Homeland Security 

12 of the House of Representatives. 

13 (g) 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 vessel 

10 or facility; 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 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated, for each of the fiscal years 

22 2010 through 2014, $3,000,000, which shall— 

23 (1) be used to carry out this section; and 

24 (2) remain available until expended. 


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1 SEC. 8. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION EFFORTS IN FURTHERANCE OF MARI3 TIME AND CARGO SECURITY. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity shall— 

6 (1) direct research, development, testing, and 

7 evaluation efforts in furtherance of maritime and 

8 cargo security; 

9 (2) coordinate with public and private sector 

10 entities to develop and test technologies, and process 

11 innovations in furtherance of these objectives; and 

12 (3) evaluate such technologies. 

13 (b) COORDINATION.—The Secretary, in coordination 

14 with the Under Secretary for Science and Technology, the 

15 Assistant Secretary for Policy, the Commandant of the 

16 Coast Guard, the Commissioner of U.S. Customs and Bor17 der Protection, the Chief Financial Officer, and the heads 

18 of other appropriate offices or entities of the Department 

19 of Homeland Security (referred to in this section as the 

20 ‘‘Department’’), shall ensure that— 

21 (1) research, development, testing, and evalua22 tion efforts funded by the Department in further23 ance of maritime and cargo security are coordinated 

24 within the Department and with other appropriate 

25 Federal agencies to avoid duplication of efforts; and 


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1 (2) the results of such efforts are shared 

2 throughout the Department and with other Federal, 

3 State, and local agencies, as appropriate. 

4 (c) DEMONSTRATION PROJECT.—The Secretary, 

5 through the Under Secretary for Science and Technology 

6 shall— 

7 (1) conduct a demonstration project to deter8 mine the feasibility of using composite cargo convey9 ances for all transportation modes to improve mari10 time and cargo security; and 

11 (2) submit a report to Congress on the feasi12 bility of using composite cargo conveyances for all 

13 transportation modes to improve maritime and cargo 

14 security. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) IN GENERAL.—In addition to any amounts 

17 otherwise appropriated to the Directorate for 

18 Science and Technology and other components of 

19 the Department, there are authorized to be appro20 priated, to carry out the demonstration project de21 scribed in subsection (c)— 

22 (A) $10,000,000 for fiscal year 2011; 

23 (B) $10,000,000 for fiscal year 2012; and 

24 (C) $5,000,000 for fiscal year 2013. 


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1 (2) AVAILABILITY.—Amounts appropriated pur2 suant to paragraph (1) shall remain available until 

3 expended. 

4 SEC. 9. COAST GUARD PORT ASSISTANCE PROGRAM. 

5 (a) IN GENERAL.—Section 70110 of title 46, United 

6 States Code, is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(f) COAST GUARD PORT ASSISTANCE PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary— 

10 ‘‘(A) in consultation with the Secretary of 

11 State, may provide technical advice, training, or 

12 support to a government of a foreign country 

13 with jurisdiction over, or control of, a port or 

14 facility or the owner or operator of such port or 

15 facility; and 

16 ‘‘(B) with the concurrence of the Secretary 

17 of State, may lend, lease, donate, or otherwise 

18 provide equipment to such government or such 

19 owner or operator to assist the port or facil20 ity— 

21 ‘‘(i) in meeting or exceeding— 

22 ‘‘(I) applicable International Ship 

23 and Port Facility Security Code 

24 standards; or 


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1 ‘‘(II) standards established under 

2 section 70108, or 

3 ‘‘(ii) in improving or enhancing mari4 time domain awareness, port security oper5 ations, or maritime security in collabora6 tion with customs efforts. 

7 ‘‘(2) CONDITIONS.—The Secretary— 

8 ‘‘(A) shall provide the assistance described 

9 in paragraph (1) based upon an assessment of 

10 the risks to the security of the United States 

11 and the inability of the owner or operator of the 

12 port or facility to meet or exceed the standards 

13 established by regulations pursuant to section 

14 70108; 

15 ‘‘(B) may not provide such assistance un16 less the port or facility has been subjected to a 

17 comprehensive port security assessment by the 

18 Coast Guard to validate foreign port or facility 

19 compliance with International Ship and Port 

20 Facility Security Code standards pursuant to 

21 section 70108; and 

22 ‘‘(C) may not lend, lease, or otherwise pro23 vide equipment unless the Secretary has deter24 mined that such equipment is not required by 


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1 the Coast Guard for the performance of its mis2 sions.’’. 

3 (b) SAFETY AND SECURITY ASSISTANCE FOR FOR4 EIGN PORTS AND FACILITIES.—Section 70110(e)(1) of 

5 title 46, United States Code, is amended by striking the 

6 second sentence and inserting the following: ‘‘The Sec7 retary shall establish a program to utilize the assistance 

8 programs that are most capable of implementing port se9 curity antiterrorism measures at ports and facilities in for10 eign countries and territories of the United States that 

11 pose unique security and safety threats to the United 

12 States.’’. 

13 (c) CONFORMING AMENDMENTS.—Section 70110 of 

14 title 46, United States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) in the matter preceding paragraph (1), 

17 by inserting ‘‘or facility’’ after ‘‘port’’; and 

18 (B) in paragraph (1)— 

19 (i) by striking ‘‘port,’’ and inserting 

20 ‘‘port or facility,’’; and 

21 (ii) by striking ‘‘port;’’ and inserting 

22 ‘‘port or facility;’’; 

23 (2) in subsection (b)— 

24 (A) in the matter preceding paragraph (1), 

25 by inserting ‘‘or facility’’ after ‘‘port’’; 


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1 (B) in paragraph (1), by inserting ‘‘or fa2 cility’’ after ‘‘port’’ each place it appears; and 

3 (C) in paragraph (2), by striking ‘‘port.’’ 

4 and inserting ‘‘port or facility.’’; 

5 (3) in subsection (c), by striking ‘‘port’’ and in6 serting ‘‘port or facility’’; 

7 (4) in subsection (d), by striking ‘‘port.’’ and 

8 inserting ‘‘port or facility.’’; and 

9 (5) in subsection (e)— 

10 (A) in the first sentence of paragraph (1), 

11 as so amended, by striking ‘‘port security’’ and 

12 inserting ‘‘port or facility security’’; and 

13 (B) in paragraph (2)— 

14 (i) in the matter preceding subpara15 graph (A)— 

16 (I) by striking ‘‘port security’’ 

17 and inserting ‘‘port or facility secu18 rity’’; and 

19 (II) by striking ‘‘ports’’ and in20 serting ‘‘ports or facilities’’; 

21 (ii) in subparagraph (A), by striking 

22 ‘‘ports’’ and inserting ‘‘ports or facilities’’; 

23 (iii) in subparagraph (B), by striking 

24 ‘‘ports;’’ and inserting ‘‘ports or facili25 ties;’’; and 


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1 (iv) in subparagraph (C), by striking 

2 ‘‘ports.’’ and inserting ‘‘ports or facili3 ties.’’. 

4 (d) CLERICAL AMENDMENTS.—Chapter 701 of title 

5 46, United States Code, is amended— 

6 (1) in the chapter analysis, by striking the item 

7 relating to section 70110 and inserting the fol8 lowing: 

‘‘70110. Actions and assistance for foreign ports or facilities and United States 

territories.’’. 

9 (2) in section 70110— 

10 (A) in the section heading, by inserting 

11 ‘‘AND FACILITIES’’ after ‘‘PORTS’’; and 

12 (B) in subsection (e), by inserting ‘‘AND

13 FACILITIES’’ after ‘‘PORTS’’. 

Æ 


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