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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3659 Introduced in Senate (IS)]

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.

    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. 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.
Sec. 8. Research, development, test, and evaluation efforts in 
                            furtherance of maritime and cargo security.
Sec. 9. Coast Guard Port Assistance Program.

SEC. 2. PORT SECURITY GRANTS.

    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 $400,000,000 for each of the fiscal years 2010 through 
2015 to carry out this section.''.

SEC. 3. 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) $32,560,000 for fiscal year 2010;
            ``(2) $32,565,000 for fiscal year 2011;
            ``(3) $33,475,000 for fiscal year 2012;
            ``(4) $34,500,000 for fiscal year 2013;
            ``(5) $35,550,000 for fiscal year 2014; and
            ``(6) $36,580,000 for fiscal year 2015.''.
    (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) $162,000,000 for fiscal year 2010;
            ``(2) $166,860,000 for fiscal year 2011;
            ``(3) $171,865,000 for fiscal year 2012;
            ``(4) $177,000,000 for fiscal year 2013;
            ``(5) $182,330,000 for fiscal year 2014; and
            ``(6) $187,800,000 for fiscal year 2015.''.
    (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) $62,600,000 for fiscal year 2010;
            ``(2) $64,500,000 for fiscal year 2011;
            ``(3) $66,400,000 for fiscal year 2012;
            ``(4) $68,400,000 for fiscal year 2013;
            ``(5) $70,500,000 for fiscal year 2014; and
            ``(6) $72,500,000 for fiscal year 2015.''.

SEC. 4. 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. 5. 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 agreement between the 
United States and a foreign government providing for mutual recognition 
of supply chain security programs, which would 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 
        agreement; and
            ``(2) determine, in consultation with the Commissioner, 
        Customs and Border Protection, 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. 6. 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. 7. AMERICA'S WATERWAY WATCH PROGRAM.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish a national maritime homeland security outreach and awareness 
program to be known as the America's Waterway Watch Program (referred 
to in this section as the ``Program''). The program shall--
            (1) encourage the public and industry to recognize and 
        report suspected terrorist activity or suspicious behavior 
        against a vessel, facility, port, or waterway; and
            (2) promote voluntary reporting of such activity or 
        behavior.
    (b) Purpose.--The Program shall be to promote voluntary reporting 
of activities that indicate that a person may be preparing to engage or 
is engaging in a violation of law relating to a threat or act of 
terrorism against a vessel, facility, port, or waterway.
    (c) Components.--The Program shall--
            (1) consist of a network of individuals, agencies, and 
        community-based organizations to--
                    (A) encourage the public and industry to recognize 
                and report a covered activity (as defined in subsection 
                (g));
                    (B) promote voluntary reporting of such activity; 
                and
                    (C) enhance the situational awareness within the 
                Nation's ports and waterways;
            (2) be conducted in cooperation with Federal, State, and 
        local law enforcement agencies, to the extent practicable; and
            (3) include education in--
                    (A) observing and reporting on covered activities; 
                and
                    (B) sharing such reports and coordinating the 
                response to such activities by Federal, State, and 
                local law enforcement agencies.
    (d) Voluntary Participation.--Participation in the Program--
            (1) shall be voluntary;
            (2) shall not be a prerequisite to eligibility for, or 
        receipt of, any other service or assistance from, or to 
        participation in, any other program; and
            (3) shall not require disclosure of information regarding 
        the individual reporting covered activities or, for proprietary 
        purposes, the location of such individual.
    (e) 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).
    (f) Coordination.--
            (1) In general.--The Secretary of Homeland Security shall--
                    (A) coordinate the Program with similar critical 
                infrastructure suspicious activity reporting programs 
                within the Department of Homeland Security; and
                    (B) identify best practices from such programs, 
                including how to provide feedback to those that report 
                suspicious activities.
            (2) Consultation.--The Secretary of Homeland Security 
        shall, in developing the Program, consult with representatives 
        of the recreational boating community and commercial fishing 
        and vessel operators to foster long-term participation and 
        success of the Program.
            (3) Report.--Not later than January 1 of each year, the 
        Secretary shall submit a report that describes the coordination 
        of the Program and similar critical infrastructure suspicious 
        activity reporting programs within the Department of Homeland 
        Security to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
    (g) 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 or 
                facility; 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.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated, for each of the fiscal years 2010 through 2014, 
$3,000,000, which shall--
            (1) be used to carry out this section; and
            (2) remain available until expended.

SEC. 8. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION EFFORTS IN 
              FURTHERANCE OF MARITIME AND CARGO SECURITY.

    (a) In General.--The Secretary of Homeland Security shall--
            (1) direct research, development, testing, and evaluation 
        efforts in furtherance of maritime and cargo security;
            (2) coordinate with public and private sector entities to 
        develop and test technologies, and process innovations in 
        furtherance of these objectives; and
            (3) evaluate such technologies.
    (b) Coordination.--The Secretary, in coordination with the Under 
Secretary for Science and Technology, the Assistant Secretary for 
Policy, the Commandant of the Coast Guard, the Commissioner of U.S. 
Customs and Border Protection, the Chief Financial Officer, and the 
heads of other appropriate offices or entities of the Department of 
Homeland Security (referred to in this section as the ``Department''), 
shall ensure that--
            (1) research, development, testing, and evaluation efforts 
        funded by the Department in furtherance of maritime and cargo 
        security are coordinated within the Department and with other 
        appropriate Federal agencies to avoid duplication of efforts; 
        and
            (2) the results of such efforts are shared throughout the 
        Department and with other Federal, State, and local agencies, 
        as appropriate.
    (c) Demonstration Project.--The Secretary, through the Under 
Secretary for Science and Technology shall--
            (1) conduct a demonstration project to determine the 
        feasibility of using composite cargo conveyances for all 
        transportation modes to improve maritime and cargo security; 
        and
            (2) submit a report to Congress on the feasibility of using 
        composite cargo conveyances for all transportation modes to 
        improve maritime and cargo security.
    (d) Authorization of Appropriations.--
            (1) In general.--In addition to any amounts otherwise 
        appropriated to the Directorate for Science and Technology and 
        other components of the Department, there are authorized to be 
        appropriated, to carry out the demonstration project described 
        in subsection (c)--
                    (A) $10,000,000 for fiscal year 2011;
                    (B) $10,000,000 for fiscal year 2012; and
                    (C) $5,000,000 for fiscal year 2013.
            (2) Availability.--Amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 9. COAST GUARD PORT ASSISTANCE PROGRAM.

    (a) In General.--Section 70110 of title 46, United States Code, is 
amended by adding at the end the following new subsection:
    ``(f) Coast Guard Port Assistance Program.--
            ``(1) In general.--The Secretary--
                    ``(A) in consultation with the Secretary of State, 
                may provide technical advice, training, or support to a 
                government of a foreign country with jurisdiction over, 
                or control of, a port or facility or the owner or 
                operator of such port or facility; and
                    ``(B) with the concurrence of the Secretary of 
                State, may lend, lease, donate, or otherwise provide 
                equipment to such government or such owner or operator 
                to assist the port or facility--
                            ``(i) in meeting or exceeding--
                                    ``(I) applicable International Ship 
                                and Port Facility Security Code 
                                standards; or
                                    ``(II) standards established under 
                                section 70108, or
                            ``(ii) in improving or enhancing maritime 
                        domain awareness, port security operations, or 
                        maritime security in collaboration with customs 
                        efforts.
            ``(2) Conditions.--The Secretary--
                    ``(A) shall provide the assistance described in 
                paragraph (1) based upon an assessment of the risks to 
                the security of the United States and the inability of 
                the owner or operator of the port or facility to meet 
                or exceed the standards established by regulations 
                pursuant to section 70108;
                    ``(B) may not provide such assistance unless the 
                port or facility has been subjected to a comprehensive 
                port security assessment by the Coast Guard to validate 
                foreign port or facility compliance with International 
                Ship and Port Facility Security Code standards pursuant 
                to section 70108; and
                    ``(C) may not lend, lease, or otherwise provide 
                equipment unless the Secretary has determined that such 
                equipment is not required by the Coast Guard for the 
                performance of its missions.''.
    (b) Safety and Security Assistance for Foreign Ports and 
Facilities.--Section 70110(e)(1) of title 46, United States Code, is 
amended by striking the second sentence and inserting the following: 
``The Secretary shall establish a program to utilize the assistance 
programs that are most capable of implementing port security 
antiterrorism measures at ports and facilities in foreign countries and 
territories of the United States that pose unique security and safety 
threats to the United States.''.
    (c) Conforming Amendments.--Section 70110 of title 46, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or facility'' after ``port''; and
                    (B) in paragraph (1)--
                            (i) by striking ``port,'' and inserting 
                        ``port or facility,''; and
                            (ii) by striking ``port;'' and inserting 
                        ``port or facility;'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or facility'' after ``port'';
                    (B) in paragraph (1), by inserting ``or facility'' 
                after ``port'' each place it appears; and
                    (C) in paragraph (2), by striking ``port.'' and 
                inserting ``port or facility.'';
            (3) in subsection (c), by striking ``port'' and inserting 
        ``port or facility'';
            (4) in subsection (d), by striking ``port.'' and inserting 
        ``port or facility.''; and
            (5) in subsection (e)--
                    (A) in the first sentence of paragraph (1), as so 
                amended, by striking ``port security'' and inserting 
                ``port or facility security''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``port security'' 
                                and inserting ``port or facility 
                                security''; and
                                    (II) by striking ``ports'' and 
                                inserting ``ports or facilities'';
                            (ii) in subparagraph (A), by striking 
                        ``ports'' and inserting ``ports or 
                        facilities'';
                            (iii) in subparagraph (B), by striking 
                        ``ports;'' and inserting ``ports or 
                        facilities;''; and
                            (iv) in subparagraph (C), by striking 
                        ``ports.'' and inserting ``ports or 
                        facilities.''.
    (d) Clerical Amendments.--Chapter 701 of title 46, United States 
Code, is amended--
            (1) in the chapter analysis, by striking the item relating 
        to section 70110 and inserting the following:

``70110. Actions and assistance for foreign ports or facilities and 
                            United States territories.''.
            (2) in section 70110--
                    (A) in the section heading, by inserting ``and 
                facilities'' after ``ports''; and
                    (B) in subsection (e), by inserting ``and 
                Facilities'' after ``Ports''.
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