I 
109TH CONGRESS 
2D SESSION 
H. R. 4954 
To improve maritime and cargo security through enhanced layered defenses, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 14, 2006 
Mr. DANIEL E. LUNGREN of California (for himself, Ms. HARMAN, Mr. 
PEARCE, Mr. THOMPSON of Mississippi, Mr. BOEHLERT, Ms. LORETTA 
SANCHEZ of California, Mr. MCCAUL of Texas, Mr. DICKS, Mr. SOUDER, 
Mr. HOYER, Ms. HARRIS, Mr. DEFAZIO, Mr. JINDAL, Ms. JACKSON-LEE 
of Texas, Mr. SHAYS, Mr. LANGEVIN, Mr. DENT, Ms. NORTON, Mr. SIM-
MONS, Mr. ETHERIDGE, Ms. GINNY BROWN-WAITE of Florida, Mr. 
BROWN of South Carolina, Mr. MEEK of Florida, Mrs. BONO, Mr. 
LARSEN of Washington, Mr. FERGUSON, Mr. RUPPERSBERGER, Mr. GIB-
BONS, Mr. SMITH of Washington, Mr. PALLONE, Mr. CARDOZA, Mrs. 
MALONEY, Mrs. NAPOLITANO, Mr. BROWN of Ohio, Mr. SCHIFF, Mr. 
BERRY, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. LEE, Ms. KIL-
PATRICK of Michigan, Mr. FORD, Mr. PRICE of North Carolina, Mr. 
MCDERMOTT, Ms. ROYBAL-ALLARD, Mr. BRADY of Pennsylvania, Mr. 
BISHOP of Georgia, and Mr. WU) introduced the following bill; which was 
referred to the Committee on Homeland Security 
A BILL 
To improve maritime and cargo security through enhanced 
layered defenses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Security and Accountability For Every Port Act’’ or 
‘‘SAFE Port Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
Sec. 4. Strategic plan. 
Sec. 5. Protocols on the resumption of trade. 
Sec. 6. Improvements to Automated Targeting System. 
Sec. 7. Uniform data for government-wide usage. 
Sec. 8. Employee verification for individuals with access to secure areas of sea-
ports. 
Sec. 9. Director of Cargo Security Policy. 
Sec. 10. Container security standards and verification procedures. 
Sec. 11. Radiation detection and radiation safety. 
Sec. 12. Container Security Initiative. 
Sec. 13. Customs-Trade Partnership Against Terrorism. 
Sec. 14. GreenLane designation. 
Sec. 15. Joint operations centers. 
Sec. 16. Research, development, test, and evaluation. 
Sec. 17. Port security grant program. 
Sec. 18. Authorization of appropriations. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Maritime vessels are the primary mode of 
transportation for international trade and they carry 
over 80 percent of international trade by volume. 
(2) In 2004, maritime vessels carried approxi-
mately 9,700,000 shipping containers into United 
States seaports at an average of 27,000 containers 
per day. 
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(3) The security of the international container 
supply chain and the maritime transportation sys-
tem is critical for the prosperity and liberty of all 
countries. 
(4) In its final report, the National Commission 
on Terrorist Attacks Upon the United States noted, 
‘‘While commercial aviation remains a possible tar-
get, terrorists may turn their attention to other 
modes of transportation. Opportunities to do harm 
are as great, or greater in maritime or surface 
transportation.’’. 
(5) In May 2002, the Brookings Institution es-
timated that costs associated with United States 
port closures from a detonated terrorist weapon 
could add up to $1 trillion from the resulting eco-
nomic slump and changes in our Nation’s inability 
to trade. Anticipated port closures on the west coast 
of the United States could cost the United States 
economy $1 billion per day for the first five days 
after a terrorist attack. 
(6) Significant steps have been taken since the 
terrorist attacks against the United States that oc-
curred on September 11, 2001: 
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(A) Congress passed the Maritime Trans-
portation Security Act of 2002 on November 
14, 2002. 
(B) The Coast Guard issued a comprehen-
sive set of port security regulations on October 
22, 2003. 
(C) The International Maritime Organiza-
tion adopted the International Ship and Port 
Facility (ISPS) Code in December 2002. 
(D) The White House issued Homeland 
Security Presidential Directive-13 in September 
2005 which lays out requirements for a com-
prehensive maritime security policy. 
(7) Despite these steps, security gaps in the 
maritime transportation system remain, resulting in 
high-risk container systems not being checked over-
seas or domestically and ports that are vulnerable to 
terrorist attacks similar to the attack on the U.S.S. 
Cole. 
(8) Significant enhancements can be achieved 
by applying a layered approach to supply chain secu-
rity, in a coordinated fashion. Current supply chain 
programs within the Federal Government have been 
independently operated, often falling short of gains 
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which could have been made if such programs were 
operated in a coordinated manner. 
(9) While it is impossible to completely remove 
the risk of a terrorist attack, security measures in 
the supply chain can add certainty and stability to 
the global economy, raise investor confidence, and 
facilitate trade. Some counterterrorism costs are in-
tegral to the price that must be paid to protect soci-
ety. 
However, 
counterterrorism 
measures 
also 
present an opportunity to increase the efficiency of 
the global trade system through international har-
monization of such measures. These efficiency gains 
are maximized when all countries adopt such 
counterterrorism measures. 
(10) Increasing transparency in the supply 
chain will assist in mitigating the impact of a ter-
rorist attack by allowing for a targeted shutdown of 
the international supply chain and expedited restora-
tion of commercial traffic. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
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(A) the Committee on Homeland Security 
and the Committee on Appropriations of the 
House of Representatives; and 
(B) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Appropriations of the Senate. 
(2) AUTOMATED
TARGETING
SYSTEM.—The 
term ‘‘Automated Targeting System’’ means the sys-
tem established by U.S. Customs and Border Pro-
tection to assess imports and target those imports 
which pose a high risk of containing contraband. 
(3) CONTAINER.—The term ‘‘container’’ has 
the meaning given the term in the International 
Convention for Safe Containers, with annexes, done 
at Geneva December 2, 1972 (29 UST 3707). 
(4) CONTAINER SECURITY DEVICE.—The term 
‘‘container security device’’ means a device or system 
to track and monitor containers for, and secure 
them against, tampering or compromise throughout 
the international supply chain. 
(5) CONTAINER
SECURITY
INITIATIVE; CSI.— 
The terms ‘‘Container Security Initiative’’ and 
‘‘CSI’’ mean the program authorized under section 
12 to identify and examine maritime containers that 
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pose a risk for terrorism at foreign ports before they 
are shipped to the United States. 
(6) CUSTOMS-TRADE
PARTNERSHIP
AGAINST 
TERRORISM; C–TPAT.—The terms ‘‘Customs-Trade 
Partnership Against Terrorism’’ and ‘‘C–TPAT’’ 
mean the voluntary program authorized under sec-
tion 13 to strengthen and improve the overall secu-
rity of the international supply chain and United 
States border security. 
(7) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(8) EXAMINATION.—The term ‘‘examination’’ 
means an inspection of cargo to detect the presence 
of misdeclared, restricted, or prohibited items, in-
cluding an inspection using nonintrusive imaging 
and detection technology. 
(9) GREENLANE.—The term ‘‘GreenLane’’ re-
fers to the third tier of C–TPAT, which offers addi-
tional benefits to validated C–TPAT participants 
that demonstrate a sustained commitment beyond 
the minimum requirements for participation in C– 
TPAT. 
(10) 
INSPECTION.—The 
term 
‘‘inspection’’ 
means the comprehensive process used by U.S. Cus-
toms and Border Protection for assessing goods en-
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tering the United States to appraise them for duty 
purposes, to detect the presence of restricted or pro-
hibited items, and to ensure compliance with all ap-
plicable laws. This process may include screening, 
conducting an examination, or conducting a search. 
(11) INTERNATIONAL
SUPPLY
CHAIN.—The 
term ‘‘international supply chain’’ means the end-to- 
end process for shipping goods from a point of ori-
gin overseas to the United States. 
(12) OPERATION SAFE COMMERCE.—The term 
‘‘Operation Safe Commerce’’ means the research, de-
velopment, test, and evaluation grant program that 
brings together private sector shareholders, port offi-
cials, and Federal, State, and local representatives 
to analyze existing security procedures for cargo and 
develop new security protocols that have the poten-
tial to increase the security of cargo shipments by 
monitoring the movement and integrity of cargo 
through the international supply chain. 
(13) POINT OF ORIGIN.—The term ‘‘point of 
origin’’, in the case of goods, means the point at 
which such goods are assembled into the smallest ex-
terior packaging unit for movement through the 
international supply chain. 
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(14) 
SCREENING.—The 
term 
‘‘screening’’ 
means a visual or automated review of information 
about goods, including manifest or entry documenta-
tion accompanying a shipment being imported into 
the United States, to determine or assess the threat 
of such cargo. 
(15) SEARCH.—The term ‘‘search’’ means an 
intrusive examination in which a container is opened 
and its contents are de-vanned and visually in-
spected for the presence of misdeclared, restricted, 
or prohibited items. 
(16) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Homeland Security. 
(17) SMALLEST EXTERIOR PACKAGING UNIT.— 
The term ‘‘smallest exterior packaging unit’’ has the 
meaning given such term in section 4.7a of title 19, 
Code of Federal Regulations (as in effect on the 
date of enactment of this Act). 
(18) SUPPLY CHAIN VISIBILITY PROCEDURE.— 
The term ‘‘supply chain visibility procedure’’ means 
a system or process capable of tracking goods at the 
smallest exterior packaging unit level from their 
point of origin to the point of loading into a con-
tainer entering the international supply chain. 
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(19) TRANSPORTATION SECURITY INCIDENT.— 
The term ‘‘transportation security incident’’ has the 
meaning given such term in section 70101(6) of title 
46, United States Code. 
SEC. 4. STRATEGIC PLAN. 
(a) STRATEGIC PLAN.—The Secretary, in consulta-
tion with appropriate Federal, State, local, and tribal gov-
ernment agencies and private sector stakeholders respon-
sible for security matters that affect or relate to the move-
ment of containers through the international supply chain, 
shall develop and implement, and update as appropriate, 
a strategic plan to enhance the security of the maritime 
transportation system. 
(b) REQUIREMENTS.—The strategic plan required 
under subsection (a) shall— 
(1) describe the roles, responsibilities, and au-
thorities of Federal, State, local, and tribal govern-
ment agencies and private sector stakeholders that 
relate to the security of the movement of containers 
through the international supply chain; 
(2) identify and address gaps and unnecessary 
overlaps in the roles, responsibilities, or authorities 
described in paragraph (1); 
(3) identify and make recommendations regard-
ing 
legislative, 
regulatory, 
and 
organizational 
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changes necessary to improve coordination among 
the entities or to enhance the security of the inter-
national supply chain; 
(4) provide measurable goals, including objec-
tives, mechanisms, and a schedule, for furthering the 
security of commercial operations from point of ori-
gin to point of destination; 
(5) build on available resources and consider 
costs and benefits; 
(6) identify mandatory, baseline security goals, 
and the minimum container security standards and 
verification procedures described in section 10; 
(7) provide incentives for additional voluntary 
measures to enhance cargo security, as determined 
by the Secretary and under the GreenLane Program 
under section 14; 
(8) include a process for sharing intelligence 
and information with private sector stakeholders to 
assist in their security efforts; 
(9) identify a framework for prudent and meas-
ured response in the event of a transportation secu-
rity incident involving the international supply chain; 
(10) provide a plan for the expeditious resump-
tion of the flow of legitimate trade in accordance 
with section 5; 
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(11) focus on the secure movement of contain-
erized cargo through the international supply chain; 
and 
(12) expand upon and relate to existing strate-
gies and plans, including the National Strategy for 
Maritime Security and the eight supporting plans of 
the Strategy, as required by Homeland Security 
Presidential Directive-13 (September 2005). 
(c) UTILIZATION OF ADVISORY COMMITTEES.—As 
part of the consultations described in subsection (a), the 
Secretary is encouraged to utilize the Homeland Security 
Advisory Committee, the National Maritime Security Ad-
visory Committee, and the Commercial Operations Advi-
sory Committee to review, as necessary, the draft strategic 
plan and any subsequent updates to the strategic plan. 
(d) INTERNATIONAL STANDARDS AND PRACTICES.— 
In furtherance of the strategic plan required under sub-
section (a), the Secretary is encouraged to consider pro-
posed or established standards and practices of foreign 
governments and international organizations, including 
the International Maritime Organization, the World Cus-
toms Organization, the International Labor Organization, 
and the International Organization for Standardization, 
as appropriate, to establish standards and best practices 
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for the security of containers moving through the inter-
national supply chain. 
(e) REPORT.— 
(1) INITIAL REPORT.—Not later than 90 days 
after the date of enactment of this Act, the Sec-
retary shall submit to the appropriate congressional 
committees a report that contains the strategic plan 
required by subsection (a). 
(2) FINAL REPORT.—Not later than three years 
after the date on which the strategic plan is sub-
mitted under paragraph (1), the Secretary shall sub-
mit to the appropriate congressional committees a 
report that contains an update of the strategic plan. 
SEC. 5. PROTOCOLS ON THE RESUMPTION OF TRADE. 
(a) IN GENERAL.—The Secretary shall develop proto-
cols for the resumption of trade in the event of a transpor-
tation security incident that necessitates the suspension 
of trade through contingency and continuity planning that 
ensures trade lanes are restored as quickly as possible. 
The protocols shall provide for coordination with appro-
priate Federal, State, and local agencies on law enforce-
ment actions, inter-modal rerouting plans, and identifica-
tion and prioritization of goods that may enter the United 
States. 
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(b) PREFERENCES.—In reestablishing the flow of 
cargo through ports of entry in the United States after 
a transportation security incident, the Secretary shall give 
preference to vessels— 
(1) having a vessel security plan approved or 
accepted under section 70103(c) of title 46, United 
States Code; 
(2) entering a port of entry directly from a for-
eign port designated under CSI or from another for-
eign port, as determined by the Secretary; 
(3) operated by validated C–TPAT participants; 
and 
(4) carrying GreenLane designated cargo. 
SEC. 6. IMPROVEMENTS TO AUTOMATED TARGETING SYS-
TEM. 
(a) PLAN.—Not later than 90 days after the date of 
enactment of this Act, the Secretary shall develop and im-
plement a plan for improving the Automated Targeting 
System for the identification of high-risk containers mov-
ing through the international supply chain. 
(b) CONTENTS.— 
(1) TREATMENT OF RECOMMENDATIONS.—The 
Secretary shall include in the plan required under 
subsection (a) a schedule to implement the rec-
ommendations of the Comptroller General of the 
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United States, the Inspector General of the Depart-
ment of the Treasury, and the Inspector General of 
the Department with respect to the operation of the 
Automated Targeting System. 
(2) INFORMATION SUBMISSIONS.—In developing 
the plan required under subsection (a), the Secretary 
shall consider the cost, benefit, and feasibility of— 
(A) requiring additional nonmanifest docu-
mentation for each container, including pur-
chase orders, shipper’s letters of instruction, 
commercial invoices, letters of credit, certifi-
cates of origin, advance shipping notices, vessel 
stow plans, and certain container status mes-
sages, when created; 
(B) reducing the time period allowed by 
law for revisions to a container cargo manifest; 
(C) reducing the time period allowed by 
law for submission of entry data for vessel or 
cargo; and 
(D) such other actions the Secretary con-
siders beneficial for improving the information 
relied upon for the Automated Targeting Sys-
tem and any other targeting systems in fur-
thering the security and integrity of the inter-
national supply chain. 
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