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‘‘(II) does not include a work
stoppage or other nonviolent employee-
related action, resulting from an em-
ployer-employee dispute.
‘‘(vi) Improper transportation of a
hazardous material under section 5124 of
title 49, or a comparable State law;.
‘‘(vii) Unlawful possession, use, sale,
distribution, manufacture, purchase, re-
ceipt, transfer, shipping, transporting, im-
port, export, storage of, or dealing in an ex-
plosive or incendiary device (as defined in
section 232(5) of title 18, explosive mate-
rials (as defined in section 841(c) of title
18), or a destructive device (as defined in
921(a)(4) of title 18).
‘‘(viii) Murder.
‘‘(ix) Conspiracy or attempt to commit
any of the crimes described in clauses (v)
through (viii).
‘‘(x) A violation of the Racketeer Influ-
enced and Corrupt Organizations Act (18
U.S.C. 1961 et seq.), or a comparable State
law, if 1 of the predicate acts found by a
jury or admitted by the defendant consists
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of 1 of the offenses listed in clauses (iv) and
(viii).
‘‘(xi) Any other felony that the Sec-
retary determines to be a permanently dis-
qualifying criminal offense.
‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF-
FENSES.—Except as provided under paragraph
(2), an individual is disqualified from being
issued a biometric transportation security card
under subsection (b) if the individual has been
convicted, or found not guilty by reason of in-
sanity, during the 7-year period ending on the
date on which the individual applies for such or
card, or was released from incarceration during
the 5-year period ending on the date on which
the individual applies for such a card, of any of
the following felonies:
‘‘(i) Assault with intent to murder.
‘‘(ii) Kidnapping or hostage taking.
‘‘(iii) Rape or aggravated sexual abuse.
‘‘(iv) Unlawful possession, use, sale,
manufacture, purchase, distribution, re-
ceipt, transfer, shipping, transporting, de-
livery, import, export of, or dealing in a
firearm or other weapon. In this clause, a
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firearm or other weapon includes, but is not
limited to—
‘‘(I) firearms (as defined in sec-
tion 921(a)(3) of title 18); and
‘‘(II) items contained on the
United States Munitions Import List
under 447.21 of title 27 Code of Fed-
eral Regulations.
‘‘(v) Extortion.
‘‘(vi) Dishonesty, fraud, or misrepre-
sentation, including identity fraud.
‘‘(vii) Bribery.
‘‘(viii) Smuggling.
‘‘(ix) Immigration violations.
‘‘(x) A violation of the Racketeer Influ-
enced and Corrupt Organizations Act (18
U.S.C. 1961, et seq.) or a comparable State
law, other than a violation listed in sub-
paragraph (A)(x).
‘‘(xi) Robbery.
‘‘(xii) Distribution of, possession with
intent to distribute, or importation of a
controlled substance.
‘‘(xiii) Arson.
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‘‘(xiv) Conspiracy or attempt to com-
mit any of the crimes in this subparagraph.
‘‘(xv) Any other felony that the Sec-
retary determines to be a disqualifying
criminal offense under this subparagraph.
‘‘(C) OTHER
POTENTIAL
DISQUALIFICA-
TIONS.—Except as provided under subpara-
graphs (A) and (B), an individual may not be
denied a transportation security card under sub-
section (b) unless the Secretary determines that
individual—
‘‘(i) has been convicted within the pre-
ceding 7-year period of a felony or found
not guilty by reason of insanity of a
felony—
‘‘(I) that the Secretary believes
could cause the individual to be a ter-
rorism security risk to the United
States; or
‘‘(II) for causing a severe trans-
portation security incident;
‘‘(ii) has been released from incarcer-
ation within the preceding 5-year period for
committing a felony described in clause (i);
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‘‘(iii) may be denied admission to the
United States or removed from the United
States under the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.); or
‘‘(iv) otherwise poses a terrorism secu-
rity risk to the United States.’’.
SEC. 106. LONG-RANGE VESSEL TRACKING.
(a) REGULATIONS.—Section 70115 of title 46, United
States Code, is amended in the first sentence by striking
‘‘The Secretary’’ and inserting ‘‘Not later than April 1,
2007, the Secretary’’.
(b) VOLUNTARY PROGRAM.—The Secretary may issue
regulations to establish a voluntary long-range automated
vessel tracking system for vessels described in section 70115
of title 46, United States Code, during the period before reg-
ulations are issued under such section.
SEC. 107. ESTABLISHMENT OF INTERAGENCY OPERATIONAL
CENTERS FOR PORT SECURITY.
(a) IN GENERAL.—Chapter 701 of title 46, United
States Code, is amended by inserting after section 70107
the following:
‘‘§ 70107A. Interagency operational centers for port se-
curity
‘‘(a) IN GENERAL.—The Secretary shall establish
interagency operational centers for port security at all high-
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priority ports not later than 3 years after the date of the
enactment of the Port Security Improvement Act of 2006.
‘‘(b) CHARACTERISTICS.—The interagency operational
centers established under this section shall—
‘‘(1) utilize, as appropriate, the compositional
and 
operational 
characteristics 
of 
centers,
including—
‘‘(A) the pilot project interagency oper-
ational centers for port security in Miami, Flor-
ida; Norfolk/Hampton Roads, Virginia; Charles-
ton, South Carolina; San Diego, California; and
‘‘(B) the virtual operation center of the Port
of New York and New Jersey;
‘‘(2) be organized to fit the security needs, re-
quirements, and resources of the individual port area
at which each is operating;
‘‘(3) provide, as the Secretary determines appro-
priate, for participation by representatives of the
United States Customs and Border Protection, the
Transportation Security Administration, the Depart-
ment of Justice, the Department of Defense, and other
Federal agencies, State and local law enforcement or
port security personnel, members of the Area Mari-
time Security Committee, and other public and pri-
vate sector stakeholders adversely affected by a trans-
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portation security incident or transportation disrup-
tion; and
‘‘(4) be incorporated in the implementation and
administration of—
‘‘(A) 
maritime 
transportation 
security
plans developed under section 70103;
‘‘(B) maritime intelligence activities under
section 70113 and information sharing activities
consistent with section 1016 of the National Se-
curity Intelligence Reform Act of 2004 (6 U.S.C.
485) and the Homeland Security Information
Sharing Act (6 U.S.C. 481 et seq.);
‘‘(C) short and long range vessel tracking
under sections 70114 and 70115;
‘‘(D) protocols under section 201(b)(10) of
the Port Security Improvement Act of 2006;
‘‘(E) the transportation security incident
response plans required by section 70104; and
‘‘(F) other activities, as determined by the
Secretary.
‘‘(c) SECURITY CLEARANCES.—The Secretary shall
sponsor and expedite individuals participating in inter-
agency operational centers in gaining or maintaining their
security clearances. Through the Captain of the Port, the
Secretary may identify key individuals who should partici-
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pate. The port or other entities may appeal to the Captain
of the Port for sponsorship.’’.
(b) 2005 ACT REPORT REQUIREMENT.—Nothing in
this section or the amendments made by this section relieves
the Commandant of the Coast Guard from complying with
the requirements of section 807 of the Coast Guard and
Maritime Transportation Act of 2004 (Public Law 108–
293; 118 Stat. 1082). The Commandant shall utilize the
information developed in making the report required by
that section in carrying out the requirements of this section.
(c) BUDGET AND COST-SHARING ANALYSIS.—Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall submit to the appropriate congressional
committees a proposed budget analysis for implementing
section 70107A of title 46, United States Code, as added
by subsection (a), including cost-sharing arrangements with
other Federal departments and agencies involved in the
interagency operation of the centers to be established under
such section.
(d) CLERICAL AMENDMENT.—The chapter analysis for
chapter 701 of title 46, United States Code, is amended by
inserting after the item relating to section 70107 the fol-
lowing:
‘‘70107A. Interagency operational centers for port security.’’.
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SEC. 108. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON
THE OUTER CONTINENTAL SHELF.
(a) NOTICE OF ARRIVAL.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
is directed to update and finalize its rulemaking on Notice
of Arrival for foreign vessels on the outer Continental Shelf.
(b) CONTENT OF REGULATIONS.—The regulations pro-
mulgated pursuant to paragraph (1) shall be consistent
with information required under the Notice of Arrival
under section 160.206 of title 33, Code of Federal Regula-
tions, as in effect on the date of the enactment of this Act.
Subtitle B—Port Security Grants;
Training and Exercise Programs
SEC. 111. PORT SECURITY GRANTS.
(a) BASIS FOR GRANTS.—Section 70107(a) of title 46,
United States Code, is amended by striking ‘‘for making
a fair and equitable allocation of funds’’ and inserting ‘‘for
the allocation of funds based on risk’’.
(b) RISK MANAGEMENT PLAN.—
(1) IN
GENERAL.—Under the direction of the
Commandant of the Coast Guard, each Area Mari-
time Security Committee shall develop a Port Wide
Risk Management Plan that includes—
(A) security goals and objectives, supported
by a risk assessment and an evaluation of alter-
natives;
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(B) a management selection process; and
(C) active monitoring to measure effective-
ness.
(2) RISK ASSESSMENT TOOL.—The Secretary of
the Department in which the Coast Guard is oper-
ating, shall make available, and Area Maritime Secu-
rity Committees shall use, a risk assessment tool that
uses standardized risk criteria, such as the Maritime
Security Risk Assessment Tool used by the Coast
Guard, to develop the Port Wide Risk Management
Plan.
(c) MULTIPLE-YEAR PROJECTS, ETC.—Section 70107
of title 46, United States Code, is amended by redesignating
subsections (e), (f), (g), (h), and (i) as subsections (i), (j),
(k), (l), and (m), respectively, and by inserting after sub-
section (d) the following:
‘‘(e) MULTIPLE-YEAR PROJECTS.—
‘‘(1) LETTERS OF INTENT.—The Secretary may
execute letters of intent to commit funding to such au-
thorities, operators, and agencies.
‘‘(2) LIMITATION.—Not more than 20 percent of
the grant funds awarded under this subsection in any
fiscal year may be awarded for projects that span
multiple years.
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‘‘(f) CONSISTENCY WITH PLANS.—The Secretary shall
ensure that each grant awarded under subsection (e)—
‘‘(1) is used to supplement and support, in a
consistent and coordinated manner, the applicable
Area Maritime Transportation Security Plan;
‘‘(2) is coordinated with any applicable State or
Urban Area Homeland Security Plan; and
‘‘(3) is consistent with the Port Wide Risk Man-
agement Plan developed under section 111(b) of the
Port Security Improvement Act of 2006.
‘‘(g) APPLICATIONS.—Any entity subject to an Area
Maritime Transportation Security Plan may submit an
application for a grant under this subsection, at such time,
in such form, and containing such information and assur-
ances as the Secretary, working through the Directorate for
Preparedness, may require.
‘‘(h) REPORTS.—Not later than 180 days after the date
of the enactment of the Port Security Improvement Act of
2006, the Secretary, acting through the Commandant of the
Coast Guard, shall submit a report to Congress, in a secure
format, describing the methodology used to allocate port se-
curity grant funds on the basis of risk.’’.
(d) AUTHORIZATION
OF
APPROPRIATIONS.—Sub-
section (l) of section 70107 of title 46, United States Code,
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as redesignated by subsection (b) is amended to read as fol-
lows:
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $400,000,000 for each of the
fiscal years 2007 through 2011 to carry out this section.’’.
(e) BASIS FOR GRANTS.—Section 70107(a) of title 46,
United States Code, is amended by inserting ‘‘, energy’’ be-
tween ‘‘national economic’’ and ‘‘and strategic defense con-
cerns.’’.
(f) CONTAINER SCANNING TECHNOLOGY GRANT PRO-
GRAM.—
(1) NUCLEAR
AND
RADIOLOGICAL
DETECTION
DEVICES.—Section 70107(m)(1)(C) of title 46, United
States Code, as redesignated by subsection (b), is
amended by inserting ‘‘, underwater or water surface
devices, devices that can be mounted on cranes and
straddle cars used to move cargo within ports, and
scanning and imaging technology’’ before the semi-
colon at the end.
(2) USE
OF
FUNDS.—Amounts appropriated
pursuant to this section shall be used for grants to be
awarded in a competitive process to public or private
entities for the purpose of researching and developing
nuclear and radiological detection equipment de-
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scribed in section 70107(m)(1)(C) of title 46, United
States Code, as amended by this section.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated a total of
$70,000,000 for fiscal years 2008 through 2009 for the
purpose of researching and developing nuclear and
radiological detection equipment described in section
70107(m)(1)(C) of title 46, United States Code, as
amended by this section.
SEC. 112. PORT SECURITY TRAINING PROGRAM.
(a) IN GENERAL.—The Secretary, acting through the
Under Secretary for Preparedness and in coordination with
the Commandant of the Coast Guard, shall establish a Port
Security Training Program (referred to in this section as
the ‘‘Program’’) for the purpose of enhancing the capabili-
ties of each of the commercial seaports of the United States
to prevent, prepare for, respond to, mitigate against, and
recover from threatened or actual acts of terrorism, natural
disasters, and other emergencies.
(b) REQUIREMENTS.—The Program shall provide vali-
dated training that—
(1) reaches multiple disciplines, including Fed-
eral, State, and local government officials, commercial
seaport personnel and management, and govern-
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mental and nongovernmental emergency response pro-
viders;
(2) provides training at the awareness, perform-
ance, and management and planning levels;
(3) utilizes multiple training mediums and
methods;
(4) addresses port security topics, including—
(A) seaport security plans and procedures,
including how security plans and procedures are
adjusted when threat levels increase;
(B) seaport security force operations and
management;
(C) physical security and access control at
seaports;
(D) methods of security for preventing and
countering cargo theft;
(E) container security;
(F) recognition and detection of weapons,
dangerous substances, and devices;
(G) operation and maintenance of security
equipment and systems;
(H) security threats and patterns;
(I) security incident procedures, including
procedures for communicating with govern-
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mental and nongovernmental emergency response
providers; and
(J) evacuation procedures;
(5) is consistent with, and supports implementa-
tion of, the National Incident Management System,
the National Response Plan, the National Infrastruc-
ture Protection Plan, the National Preparedness
Guidance, the National Preparedness Goal, the Na-
tional Maritime Transportation Security Plan, and
other such national initiatives;
(6) is evaluated against clear and consistent per-
formance measures;
(7) addresses security requirements under facil-
ity security plans; and
(8) educates, trains, and involves populations of
at-risk neighborhoods around ports, including train-
ing on an annual basis for neighborhoods to learn
what to be watchful for in order to be a ‘‘citizen
corps’’, if necessary.
(c) TRAINING PARTNERS.—In developing and deliv-
ering training under the Program, the Secretary, in coordi-
nation with the Maritime Administration of the Depart-
ment of Transportation, and consistent with section 109 of
the Maritime Transportation Security Act of 2002 (46
U.S.C. 70101 note), shall—
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(1) work with government training facilities,
academic institutions, private organizations, em-
ployee organizations, and other entities that provide
specialized, state-of-the-art training for governmental
and non-governmental emergency responder providers
or commercial seaport personnel and management;
and
(2) utilize, as appropriate, government training
facilities, courses provided by community colleges,
public safety academies, State and private univer-
sities, and other facilities.
SEC. 113. PORT SECURITY EXERCISE PROGRAM.
(a) IN GENERAL.—The Secretary, acting through the
Under Secretary for Preparedness and in coordination with
the Commandant of the Coast Guard, may establish a Port
Security Exercise Program (referred to in this section as
the ‘‘Program’’) for the purpose of testing and evaluating
the capabilities of Federal, State, local, and foreign govern-
ments, commercial seaport personnel and management, gov-
ernmental and nongovernmental emergency response pro-
viders, the private sector, or any other organization or enti-
ty, as the Secretary determines to be appropriate, to pre-
vent, prepare for, mitigate against, respond to, and recover
from acts of terrorism, natural disasters, and other emer-
gencies at commercial seaports.
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(b) REQUIREMENTS.—The Secretary shall ensure that
the Program—
(1) conducts, on a periodic basis, port security
exercises at commercial seaports that are—
(A) scaled and tailored to the needs of each
port;
(B) live, in the case of the most at-risk
ports;
(C) as realistic as practicable and based on
current risk assessments, including credible
threats, vulnerabilities, and consequences;
(D) consistent with the National Incident
Management System, the National Response
Plan, the National Infrastructure Protection
Plan, the National Preparedness Guidance, the
National Preparedness Goal, the National Mari-
time Transportation Security Plan, and other
such national initiatives;
(E) evaluated against clear and consistent
performance measures;
(F) assessed to learn best practices, which
shall be shared with appropriate Federal, State,
and local officials, seaport personnel and man-
agement, governmental and nongovernmental
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emergency response providers, and the private
sector; and
(G) followed by remedial action in response
to lessons learned; and
(2) assists State and local governments and com-
mercial seaports in designing, implementing, and
evaluating exercises that—
(A) conform to the requirements of para-
graph (1); and
(B) are consistent with any applicable Area
Maritime Transportation Security Plan and
State or Urban Area Homeland Security Plan.
(c) IMPROVEMENT PLAN.—The Secretary shall estab-
lish a port security improvement plan process to—
(1) identify and analyze each port security exer-
cise for lessons learned and best practices;
(2) disseminate lessons learned and best practices
to participants in the Program;
(3) monitor the implementation of lessons
learned and best practices by participants in the Pro-
gram; and
(4) conduct remedial action tracking and long-
term trend analysis.
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Subtitle C—Port Operations
SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.
(a) EXAMINING CONTAINERS.—Not later than Decem-
ber 31, 2007, all containers entering the United States
through the busiest 22 seaports of entry shall be examined
for radiation.
(b) STRATEGY.—The Secretary shall develop a strategy
for the deployment of radiation detection capabilities that
includes—
(1) a risk-based prioritization of ports of entry
at which radiation detection equipment will be de-
ployed;
(2) a proposed timeline of when radiation detec-
tion equipment will be deployed at each port of entry
identified under paragraph (1);
(3) the type of equipment to be used at each port
of entry identified under paragraph (1), including the
joint deployment and utilization of radiation detec-
tion equipment and nonintrusive imaging equipment;
(4) standard operating procedures for examining
containers with such equipment, including sensor
alarming, networking, and communications and re-
sponse protocols;
(5) operator training plans;
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(6) an evaluation of the environmental health
and safety impacts of nonintrusive imaging tech-
nology;
(7) the policy of the Department for using non-
intrusive imagining equipment in tandem with radi-
ation detection equipment; and
(8) a classified annex that—
(A) details plans for covert testing; and
(B) outlines the risk-based prioritization of
ports of entry identified under paragraph (1).
(c) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit the
strategy developed under subsection (b) to the appropriate
congressional committees.
(d) UPDATE.—Not later than 180 days after the date
of the enactment of this Act, the Secretary may update the
strategy submitted under subsection (c) to provide a more
complete evaluation under subsection (b)(6).
(e) OTHER
WEAPONS
OF
MASS
DESTRUCTION
THREATS.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a strategy
for the development of equipment to detect chemical, biologi-
cal, and other weapons of mass destruction at all ports of
entry into the United States to the appropriate congres-
sional committees.
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(f) STANDARDS.—The Secretary, in conjunction with
the National Institute of Standards and Technology, shall
publish technical capability standards and recommended
standard operating procedures for the use of nonintrusive
imaging and radiation detection equipment in the United
States. Such standards and procedures—
(1) should take into account relevant standards
and procedures utilized by other Federal departments
or agencies as well as those developed by international
bodies; and
(2) shall not be designed so as to endorse specific
companies or create sovereignty conflicts with partici-
pating countries.
(g) IMPLEMENTATION.—Not later than 3 years after
the date of the enactment of this Act, the Secretary shall
fully implement the strategy developed under subsection (b).
(h) EXPANSION TO OTHER UNITED STATES PORTS OF
ENTRY.—
(1) IN GENERAL.—As soon as practicable after—
(A) implementation of the program for the
examination of containers for radiation at ports
of entry described in subsection (a), and
(B) submission of the strategy developed
under subsection (b) (and updating, if any, of
that strategy under subsection (c)),
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but no later than December 31, 2008, the Secretary
shall expand the strategy developed under subsection
(b), in a manner consistent with the requirements of
subsection (b), to provide for the deployment of radi-
ation detection capabilities at all other United States
ports of entry not covered by the strategy developed
under subsection (b).
(2) RISK ASSESSMENT.—In expanding the strat-
egy under paragraph (1), the Secretary shall identify
and assess the risks to those other ports of entry in
order to determine what equipment and practices will
best mitigate the risks.
(i) INTERMODAL RAIL RADIATION DETECTION TEST
CENTER.—
(1) ESTABLISHMENT.—In accordance with sub-
section (b), and in order to comply with this section,
the Secretary shall establish Intermodal Rail Radi-
ation Detection Test Centers (referred to in this sub-
section as the ‘‘Test Centers’’).
(2) PROJECTS.—The Secretary shall conduct
multiple, concurrent projects at the Test Center to
rapidly identify and test concepts specific to the chal-
lenges posed by on-dock rail.
(3) LOCATION.—The Test Centers shall be located
within public port facilities which have a significant
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portion of the containerized cargo directly laden from
(or unladen to) on-dock, intermodal rail, including at
least one public port facility at which more than 50
percent of the containerized cargo is directly laden
from (or unladen to) on-dock, intermodal rail.
SEC. 122. PORT SECURITY USER FEE STUDY.
The Secretary shall conduct a study of the need for,
and feasibility of, establishing a system of oceanborne and
port-related transportation user fees that may be imposed
and collected as a dedicated revenue source, on a temporary
or continuing basis, to provide necessary funding for legiti-
mate improvements to, and maintenance of, port security.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit a report to the appro-
priate congressional committees that contains—
(1) the results of the study;
(2) an assessment of the annual amount of cus-
toms fees and duties collected through oceanborne and
port-related transportation and the amount and per-
centage of such fees and duties that are dedicated to
improve and maintain security;
(3)(A) an assessment of the fees, charges, and
standards imposed on United States ports, port ter-
minal operators, shippers, and persons who use
United States ports, compared with the fees and
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charges imposed on ports and port terminal operators
in Canada and Mexico and persons who use those for-
eign ports; and
(B) an assessment of the impact on the competi-
tiveness of United States ports, port terminal opera-
tors, and shippers; and
(4) the Secretary’s recommendations based upon
the study, and an assessment of the consistency of
such recommendations with the international obliga-
tions and commitments of the United States.
SEC. 123. INSPECTION OF CAR FERRIES ENTERING FROM
ABROAD.
Not later than 120 days after the date of the enactment
of this Act, the Secretary, acting through the Commissioner,
and in coordination with the Secretary of State and in co-
operation with ferry operators and appropriate foreign gov-
ernment officials, shall seek to develop a plan for the inspec-
tion of passengers and vehicles before such passengers board,
or such vehicles are loaded onto, a ferry bound for a United
States seaport.
SEC. 124. RANDOM SEARCHES OF CONTAINERS.
Not later than 1 year after the date of the enactment
of this Act, the Secretary, acting through the Commissioner,
shall develop and implement a plan, utilizing best practices
for empirical scientific research design and random sam-
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pling, to conduct random searches of containers in addition
to any targeted or preshipment inspection of such con-
tainers required by law or regulation or conducted under
any other program conducted by the Secretary. Nothing in
this section shall be construed to mean that implementation
of the random sampling plan precludes additional searches
of containers not inspected pursuant to the plan.
SEC. 125. WORK STOPPAGES AND EMPLOYEE-EMPLOYER
DISPUTES.
Section 70101(6) of title 46, United States Code, is
amended by adding at the end the following: ‘‘In this para-
graph, the term ‘economic disruption’ does not include a
work stoppage or other nonviolent employee-related action
not related to terrorism and resulting from an employee-
employer dispute.’’.
SEC. 126. THREAT ASSESSMENT SCREENING OF PORT
TRUCK DRIVERS.
Subject to the availability of appropriations, within
90 days after the date of enactment of this Act, the Sec-
retary of Homeland Security shall implement a threat as-
sessment screening, including name-based checks against
terrorist watch lists and immigration status check, for all
port truck drivers that is the same as the threat assessment
screening required for facility employees and longshoremen
by the Commandant of the Coast Guard under Coast Guard
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Notice USCG–2006–24189 (Federal Register, Vol. 71, No.
82, Friday, April 28, 2006).
TITLE II—SECURITY OF THE
INTERNATIONAL SUPPLY CHAIN
Subtitle A—General Provisions
SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF
THE INTERNATIONAL SUPPLY CHAIN.
(a) STRATEGIC PLAN.—The Secretary, in consultation
with appropriate Federal, State, local, and tribal govern-
ment agencies and private-sector stakeholders responsible
for security matters that affect or relate to the movement
of containers through the international supply chain, shall
develop, implement, and update, as appropriate, a strategic
plan to enhance the security of the international supply
chain.
(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 re-
late 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);
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(3) identify and make recommendations regard-
ing legislative, regulatory, and organizational changes
necessary to improve coordination among the entities
or to enhance the security of the international 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) provide incentives for additional voluntary
measures to enhance cargo security, as determined by
the Commissioner;
(7) consider the impact of supply chain security
requirements on small and medium size companies;
(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;
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(10) provide protocols for the expeditious re-
sumption of the flow of trade in accordance with sec-
tion 202, including—
(A) the identification of the appropriate
initial incident commander, if the Commandant
of the Coast Guard is not the appropriate initial
incident commander, and lead departments,
agencies, or offices to execute such protocols;
(B) a plan to redeploy resources and per-
sonnel, as necessary, to reestablish the flow of
trade in the event of a transportation disruption;
and
(C) a plan to provide training for the peri-
odic instruction of personnel of the United States
Customs and Border Protection in trade resump-
tion functions and responsibilities following a
transportation disruption;
(11) consider the linkages between supply chain
security and security programs within other systems
of movement, including travel security and terrorism
finance programs; and
(12) expand upon and relate to existing strate-
gies and plans, including the National Response
Plan, National Maritime Transportation Security
Plan, and the 8 supporting plans of the Strategy, as
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required by Homeland Security Presidential Directive
13.
(c) CONSULTATION.—In developing protocols under
subsection (b)(10), the Secretary shall consult with Federal,
State, local, and private sector stakeholders, including the
National Maritime Security Advisory Committee and the
Commercial Operations Advisory Committee.
(d) COMMUNICATION.—To the extent practicable, the
strategic plan developed under subsection (a) shall provide
for coordination with, and lines of communication among,
appropriate Federal, State, local, and private-sector stake-
holders on law enforcement actions, intermodal rerouting
plans, and other strategic infrastructure issues resulting
from a transportation security incident or transportation
disruption.
(e) UTILIZATION OF ADVISORY COMMITTEES.—As part
of the consultations described in subsection (a), the Sec-
retary shall, to the extent practicable, utilize the Homeland
Security Advisory Committee, the National Maritime Secu-
rity Advisory Committee, and the Commercial Operations
Advisory Committee to review, as necessary, the draft stra-
tegic plan and any subsequent updates to the strategic plan.
(f) INTERNATIONAL STANDARDS AND PRACTICES.—In
furtherance of the strategic plan required under subsection
(a), the Secretary is encouraged to consider proposed or es-
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tablished standards and practices of foreign governments
and international organizations, including the Inter-
national Maritime Organization, the World Customs Orga-
nization, and the International Organization for Standard-
ization, as appropriate, to establish standards and best
practices for the security of containers moving through the
international supply chain.
(g) REPORT.—
(1) INITIAL REPORT.—Not later than 180 days
after the date of the 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 3 years after
the date on which the strategic plan is submitted
under paragraph (1), the Secretary shall submit a re-
port to the appropriate congressional committees that
contains an update of the strategic plan.
SEC. 202. POST INCIDENT RESUMPTION OF TRADE.
(a) IN GENERAL.—Except as otherwise determined by
the Secretary, in the event of a maritime transportation
disruption or a maritime transportation security incident,
the initial incident commander and the lead department,
agency, or office for carrying out the strategic plan required
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under section 201 shall be determined by the protocols re-
quired under section 201(b)(10).
(b) VESSELS.—The Commandant of the Coast Guard
shall, to the extent practicable and consistent with the pro-
tocols and plans required under paragraphs (10) and (12)
of section 201(b), ensure the safe and secure transit of ves-
sels to ports in the United States after a maritime transpor-
tation security incident, with priority given to vessels car-
rying cargo determined by the President to be critical for
response and recovery from such a disruption or incident,
and to vessels that—
(1) have either a vessel security plan approved
under section 70103(c) of title 46, United States Code,
or a valid international ship security certificate, as
provided under part 104 of title 33, Code of Federal
Regulations;
(2) are manned by individuals who are described
in section 70105(b)(2)(B) of title 46, United States
Code, and who—
(A) have undergone a background records
check under section 70105(d) of title 46, United
States Code; or
(B) hold a transportation security card
issued under section 70105 of title 46, United
States Code; and
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(3) are operated by validated participants in the
Customs-Trade Partnership Against Terrorism pro-
gram.
(c) CARGO.—Consistent with the protocols and plans
required under paragraphs (10) and (12) of section 201(b),
the Commissioner shall give preference to cargo—
(1) entering a port of entry directly from a for-
eign seaport designated under the Container Security
Initiative;
(2) determined by the President to be critical for
response and recovery;
(3) that has been handled by a validated C–
TPAT participant; or
(4) that has undergone (A) a nuclear or radio-
logical detection scan, (B) an x-ray, density or other
imaging scan, and (C) an optical recognition scan, at
the last port of departure prior to arrival in the
United States, which data has been evaluated and
analyzed by United States Customs and Border Pro-
tection personnel.
(d) COORDINATION.—The Secretary shall ensure that
there is appropriate coordination among the Commandant
of the Coast Guard, the Commissioner, and other Federal
officials following a maritime disruption or maritime
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transportation security incident in order to provide for the
resumption of trade.
(e) COMMUNICATION.—Consistent with section 201 of
this Act, the Commandant of the Coast Guard, Commis-
sioner, and other appropriate Federal officials, shall
promptly communicate any revised procedures or instruc-
tions intended for the private sector following a maritime
disruption or maritime transportation security incident.
SEC. 203. AUTOMATED TARGETING SYSTEM.
(a) IN GENERAL.—The Secretary, acting through the
Commissioner, shall—
(1) identify and seek the submission of data re-
lated to the movement of a shipment of cargo through
the international supply chain; and
(2) analyze the data described in paragraph (1)
to identify high-risk cargo for inspection.
(b) CONSIDERATION.—The Secretary, acting through
the Commissioner, shall—
(1) consider the cost, benefit, and feasibility of—
(A) requiring additional nonmanifest docu-
mentation;
(B) reducing the time period allowed by law
for revisions to a container cargo manifest;
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(C) reducing the time period allowed by law
for submission of certain elements 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 System
and any successor targeting system in furthering
the security and integrity of the international
supply chain; and
(2) consult with stakeholders, including the Com-
mercial Operations Advisory Committee, and identify
to them the need for such information, and the appro-
priate timing of its submission.
(c) DETERMINATION.—Upon the completion of the
process under subsection (b), the Secretary, acting through
the Commissioner, may require importers to submit certain
elements of non-manifest or other data about a shipment
bound for the United States not later than 24 hours before
loading a container on a vessel at a foreign port bound for
the United States.
(d) SYSTEM IMPROVEMENTS.—The Secretary, acting
through the Commissioner, shall—
(1) conduct, through an independent panel, a re-
view of the effectiveness and capabilities of the Auto-
mated Targeting System;
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(2) consider future iterations of the Automated
Targeting System;
(3) ensure that the Automated Targeting System
has the capability to electronically compare manifest
and other available data for cargo entered into or
bound for the United States to detect any significant
anomalies between such data and facilitate the resolu-
tion of such anomalies; and
(4) ensure that the Automated Targeting System
has the capability to electronically identify, compile,
and compare select data elements for cargo entered
into or bound for the United States following a mari-
time transportation security incident, in order to effi-
ciently identify cargo for increased inspection or ex-
peditious release.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the United States Customs and Border
Protection in the Department of Homeland Security
to carry out the Automated Targeting System for
identifying high-risk oceanborne container cargo for
inspection—
(A) $33,200,000 for fiscal year 2008;
(B) $35,700,000 for fiscal year 2009; and
(C) $37,485,000 for fiscal year 2010.
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(2) SUPPLEMENT
FOR
OTHER
FUNDS.—The
amounts authorized by this subsection shall be in ad-
dition to any other amount authorized to be appro-
priated to carry out the Automated Targeting System.
SEC. 204. CONTAINER SECURITY STANDARDS AND PROCE-
DURES.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 60 days after
the date of the enactment of this Act, the Secretary
shall initiate a rulemaking proceeding to establish
minimum standards and procedures for securing con-
tainers in transit to an importer in the United
States.
(2) INTERIM RULE.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary shall issue an interim final rule pursuant to
the proceeding described in paragraph (1).
(3) MISSED DEADLINE.—If the Secretary is un-
able to meet the deadline established pursuant to
paragraph (2), the Secretary shall transmit a letter
to the appropriate congressional committees explain-
ing why the Secretary is unable to meet that deadline
and describing what must be done before such min-
imum standards and procedures can be established.
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(b) REVIEW AND ENHANCEMENT.—The Secretary shall
regularly review and enhance the standards and procedures
established pursuant to subsection (a).
(c) INTERNATIONAL CARGO SECURITY STANDARDS.—
The Secretary, in consultation with the Secretary of State,
the Secretary of Energy, and other government officials, as
appropriate, and with the Commercial Operations Advisory
Committee, the Homeland Security Advisory Committee,
and the National Maritime Security Advisory Committee,
is encouraged to promote and establish international stand-
ards for the security of containers moving through the inter-
national supply chain with foreign governments and inter-
national organizations, including the International Mari-
time Organization and the World Customs Organization.
SEC. 205. CONTAINER SECURITY INITIATIVE.
(a) ESTABLISHMENT.—The Secretary, acting through
the Commissioner, shall establish and implement a program
(referred to in this section as the ‘‘Container Security Ini-
tiative’’) to identify and examine or search maritime con-
tainers that pose a security risk before loading such con-
tainers in a foreign port for shipment to the United States,
either directly or through a foreign port.
(b) ASSESSMENT.—The Secretary, acting through the
Commissioner, may designate foreign seaports to partici-
pate in the Container Security Initiative after the Sec-
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retary has assessed the costs, benefits, and other factors asso-
ciated with such designation, including—
(1) the level of risk for the potential compromise
of containers by terrorists, or other threats as deter-
mined by the Secretary;
(2) the volume and value of cargo being imported
to the United States directly from, or being trans-
shipped through, the foreign seaport;
(3) the results of the Coast Guard assessments
conducted pursuant to section 70108 of title 46,
United States Code;
(4) the commitment of the government of the
country in which the foreign seaport is located to co-
operate with the Department to carry out the Con-
tainer Security Initiative; and
(5) the potential for validation of security prac-
tices at the foreign seaport by the Department.
(c) NOTIFICATION.—The Secretary shall notify the ap-
propriate congressional committees of the designation of a
foreign port under the Container Security Initiative or the
revocation of such a designation before notifying the public
of such designation or revocation.
(d) NEGOTIATIONS.—The Secretary, in cooperation
with the Secretary of State and in consultation with the
United States Trade Representative, may enter into nego-
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tiations with the government of each foreign nation in
which a seaport is designated under the Container Security
Initiative to ensure full compliance with the requirements
under the Container Security Initiative.
(e) OVERSEAS INSPECTIONS.—The Secretary shall es-
tablish minimum technical capability criteria and stand-
ard operating procedures for the use of nonintrusive imag-
ing and radiation detection equipment in conjunction with
the Container Security Initiative and shall monitor oper-
ations at foreign seaports designated under the Container
Security Initiative to ensure the use of such criteria and
procedures. Such criteria and procedures—
(1) shall be consistent with relevant standards
and procedures utilized by other Federal departments
or agencies, or developed by international bodies if the
United States consents to such standards and proce-
dures;
(2) shall not apply to activities conducted under
the Megaports Initiative of the Department of Energy;
(3) shall not be designed to endorse the product
or technology of any specific company or to conflict
with the sovereignty of a country in which a foreign
seaport designated under the Container Security Ini-
tiative is located; and
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(4) shall be applied to the equipment operated at
each foreign seaport designated under the Container
Security Initiative, except as provided under para-
graph (2).
(f) SAVINGS PROVISION.—The authority of the Sec-
retary under this section shall not affect any authority or
duplicate any efforts or responsibilities of the Federal Gov-
ernment with respect to the deployment of radiation detec-
tion equipment outside of the United States.
(g) COORDINATION.—The Secretary shall coordinate
with the Secretary of Energy to—
(1) provide radiation detection equipment re-
quired to support the Container Security Initiative
through the Department of Energy’s Second Line of
Defense and Megaports programs; or
(2) work with the private sector to obtain radi-
ation detection equipment that meets both the Depart-
ment’s and the Department of Energy’s technical
specifications for such equipment.
(h) STAFFING.—The Secretary shall develop a human
capital management plan to determine adequate staffing
levels in the United States and in foreign seaports includ-
ing, as appropriate, the remote location of personnel in
countries in which foreign seaports are designated under
the Container Security Initiative.
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(i) ANNUAL DISCUSSIONS.—The Secretary, in coordi-
nation with the appropriate Federal officials, shall hold an-
nual discussions with foreign governments of countries in
which foreign seaports designated under the Container Se-
curity Initiative are located regarding best practices, tech-
nical assistance, training needs, and technological develop-
ments that will assist in ensuring the efficient and secure
movement of international cargo.
(j) LESSER
RISK
PORT.—The Secretary, acting
through the Commissioner, may treat cargo loaded in a for-
eign seaport designated under the Container Security Ini-
tiative as presenting a lesser risk than similar cargo loaded
in a foreign seaport that is not designated under the Con-
tainer Security Initiative, for the purpose of clearing such
cargo into the United States.
(k) REPORT.—
(1) IN GENERAL.—Not later than September 30,
2007, the Secretary, acting through the Commissioner,
shall, in consultation with other appropriate govern-
ment officials and the Commercial Operations Advi-
sory Committee, submit a report to the appropriate
congressional committee on the effectiveness of, and
the need for any improvements to, the Container Se-
curity Initiative. The report shall include—
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(A) a description of the technical assistance
delivered to, as well as needed at, each des-
ignated seaport;
(B) a description of the human capital
management plan at each designated seaport;
(C) a summary of the requests made by the
United States to foreign governments to conduct
physical or nonintrusive inspections of cargo at
designated seaports, and whether each such re-
quest was granted or denied by the foreign gov-
ernment;
(D) an assessment of the effectiveness of
screening, scanning, and inspection protocols
and technologies utilized at designated seaports
and the effect on the flow of commerce at such
seaports, as well as any recommendations for
improving the effectiveness of screening, scan-
ning, and inspection protocols and technologies
utilized at designated seaports;
(E) a description and assessment of the out-
come of any security incident involving a foreign
seaport designated under the Container Security
Initiative; and
(F) a summary and assessment of the ag-
gregate number and extent of trade compliance
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lapses at each seaport designated under the Con-
tainer Security Initiative.
(2) UPDATED
REPORT.—Not later than Sep-
tember 30, 2010, the Secretary, acting through the
Commissioner, shall, in consultation with other ap-
propriate government officials and the Commercial
Operations Advisory Committee, submit an updated
report to the appropriate congressional committees on
the effectiveness of, and the need for any improve-
ments to, the Container Security Initiative. The up-
dated report shall address each of the elements re-
quired to be included in the report provided for under
paragraph (1).
(l) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the United States Customs
and Border Protection in the Department of Homeland Se-
curity to carry out the provisions of this section—
(1) $144,000,000 for fiscal year 2008;
(2) $146,000,000 for fiscal year 2009; and
(3) $153,300,000 for fiscal year 2010.
Subtitle B—Customs-Trade
Partnership Against Terrorism
SEC. 211. ESTABLISHMENT.
(a) ESTABLISHMENT.—The Secretary, acting through
the Commissioner, is authorized to establish a voluntary
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government-private sector program (to be known as the
‘‘Customs-Trade Partnership Against Terrorism’’ or ‘‘C–
TPAT’’) to strengthen and improve the overall security of
the international supply chain and United States border
security, and to facilitate the movement of secure cargo
through the international supply chain, by providing bene-
fits to participants meeting or exceeding the program re-
quirements. Participants in C–TPAT shall include tier 1
participants, tier 2 participants, and tier 3 participants.
(b) MINIMUM SECURITY REQUIREMENTS.—The Sec-
retary, acting through the Commissioner, shall review the
minimum security requirements of C–TPAT at least once
every year and update such requirements as necessary.
SEC. 212. ELIGIBLE ENTITIES.
Importers, customs brokers, forwarders, air, sea, land
carriers, contract logistics providers, and other entities in
the international supply chain and intermodal transpor-
tation system are eligible to apply to voluntarily enter into
partnerships with the Department under C–TPAT.
SEC. 213. MINIMUM REQUIREMENTS.
An applicant seeking to participate in C–TPAT
shall—
(1) demonstrate a history of moving cargo in the
international supply chain;
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(2) conduct an assessment of its supply chain
based upon security criteria established by the Sec-
retary, acting through the Commissioner, including—
(A) business partner requirements;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness;
and
(G) information technology security;
(3) implement and maintain security measures
and supply chain security practices meeting security
criteria established by the Commissioner; and
(4) meet all other requirements established by the
Commissioner in consultation with the Commercial
Operations Advisory Committee.
SEC. 214. TIER 1 PARTICIPANTS IN C–TPAT.
(a) BENEFITS.—The Secretary, acting through the
Commissioner, shall offer limited benefits to a tier 1 partic-
ipant who has been certified in accordance with the guide-
lines referred to in subsection (b). Such benefits may include
a reduction in the score assigned pursuant to the Automated
Targeting System of not greater than 20 percent of the high
risk threshold established by the Secretary.
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(b) GUIDELINES.—Not later than 180 days after the
date of the enactment of this Act, the Secretary, acting
through the Commissioner, shall update the guidelines for
certifying a C–TPAT participant’s security measures and
supply chain security practices under this section. Such
guidelines shall include a background investigation and ex-
tensive documentation review.
(c) TIME FRAME.—To the extent practicable, the Sec-
retary, acting through the Commissioner, shall complete the
tier 1 certification process within 90 days of receipt of an
application for participation in C–TPAT.
SEC. 215. TIER 2 PARTICIPANTS IN C–TPAT.
(a) VALIDATION.—The Secretary, acting through the
Commissioner, shall validate the security measures and
supply chain security practices of a tier 1 participant in
accordance with the guidelines referred to in subsection (c).
Such validation shall include on-site assessments at appro-
priate foreign locations utilized by the tier 1 participant
in its supply chain and shall, to the extent practicable, be
completed not later than 1 year after certification as a tier
1 participant.
(b) BENEFITS.—The Secretary, acting through the
Commissioner, shall extend benefits to each C–TPAT par-
ticipant that has been validated as a tier 2 participant
under this section, which may include—
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(1) reduced scores in the Automated Targeting
System;
(2) reduced examinations of cargo; and
(3) priority searches of cargo.
(c) GUIDELINES.—Not later than 180 days after the
date of the enactment of this Act, the Secretary, acting
through the Commissioner, shall develop a schedule and up-
date the guidelines for validating a participant’s security
measures and supply chain security practices under this
section.
SEC. 216. TIER 3 PARTICIPANTS IN C–TPAT.
(a) IN GENERAL.—The Secretary, acting through the
Commissioner, shall establish a third tier of C–TPAT par-
ticipation that offers additional benefits to participants
who demonstrate a sustained commitment to maintaining
security measures and supply chain security practices that
exceed the guidelines established for validation as a tier 2
participant in C–TPAT under section 215 of this Act.
(b) CRITERIA.—The Secretary, acting through the
Commissioner, shall designate criteria for validating a C–
TPAT participant as a tier 3 participant under this sec-
tion. Such criteria may include—
(1) compliance with any additional guidelines
established by the Secretary that exceed the guidelines
established pursuant to section 215 of this Act for
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validating a C–TPAT participant as a tier 2 partici-
pant, particularly with respect to controls over access
to cargo throughout the supply chain;
(2) voluntary submission of additional informa-
tion regarding cargo prior to loading, as determined
by the Secretary;
(3) utilization of container security devices and
technologies that meet standards and criteria estab-
lished by the Secretary; and
(4) compliance with any other cargo require-
ments established by the Secretary.
(c) BENEFITS.—The Secretary, acting through the
Commissioner, in consultation with the Commercial Oper-
ations Advisory Committee and the National Maritime Se-
curity Advisory Committee, shall extend benefits to each C–
TPAT participant that has been validated as a tier 3 par-
ticipant under this section, which may include—
(1) the expedited release of a tier 3 participant’s
cargo in destination ports within the United States
during all threat levels designated by the Secretary;
(2) in addition to the benefits available to tier
2 participants—
(A) further reduction in examinations of
cargo;
(B) priority for examinations of cargo; and
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(C) further reduction in the risk score as-
signed pursuant to the Automated Targeting
System;
(3) notification of specific alerts and post-inci-
dent procedures to the extent such notification does
not compromise the security interests of the United
States; and
(4) inclusion in joint incident management exer-
cises, as appropriate.
(d) DEADLINE.—Not later than 2 years after the date
of the enactment of this Act, the Secretary, acting through
the Commissioner, shall designate appropriate criteria pur-
suant to subsection (b) and provide benefits to validated
tier 3 participants pursuant to subsection (c).
SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.
(a) IN GENERAL.—If at any time a C–TPAT partici-
pant’s security measures and supply chain security prac-
tices fail to meet any of the requirements under this subtitle,
the Commissioner may deny the participant benefits other-
wise available under this subtitle, in whole or in part.
(b) FALSE OR MISLEADING INFORMATION.—If a C–
TPAT participant knowingly provides false or misleading
information to the Commissioner during the validation
process provided for under this subtitle, the Commissioner
shall suspend or expel the participant from C–TPAT for
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an appropriate period of time. The Commissioner may pub-
lish in the Federal Register a list of participants who have
been suspended or expelled from C–TPAT pursuant to this
subsection, and may make such list available to C–TPAT
participants.
(c) RIGHT OF APPEAL.—
(1) IN GENERAL.—A C–TPAT participant may
appeal a decision of the Commissioner pursuant to
subsection (a). Such appeal shall be filed with the
Secretary not later than 90 days after the date of the
decision, and the Secretary shall issue a determina-
tion not later than 180 days after the appeal is filed.
(2) APPEALS OF OTHER DECISIONS.—A C–TPAT
participant may appeal a decision of the Commis-
sioner pursuant to subsection (b). Such appeal shall
be filed with the Secretary not later than 30 days
after the date of the decision, and the Secretary shall
issue a determination not later than 180 days after
the appeal is filed.
SEC. 218. REVALIDATION.
The Secretary, acting through the Commissioner, shall
develop and implement—
(1) a revalidation process for tier 2 and tier 3
participants;
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(2) a framework based upon objective criteria for
identifying participants for periodic revalidation not
less frequently than once during each 5-year period
following the initial validation; and
(3) an annual plan for revalidation that
includes—
(A) performance measures;
(B) an assessment of the personnel needed to
perform the revalidations; and
(C) the number of participants that will be
revalidated during the following year.
SEC. 219. NONCONTAINERIZED CARGO.
The Secretary, acting through the Commissioner, shall
consider the potential for participation in C–TPAT by im-
porters of noncontainerized cargoes that otherwise meet the
requirements under this subtitle.
SEC. 220. C–TPAT PROGRAM MANAGEMENT.
(a) IN GENERAL.—The Secretary, acting through the
Commissioner, shall establish sufficient internal quality
controls and record management to support the manage-
ment systems of C–TPAT. In managing the program, the
Secretary shall ensure that the program includes:
(1) STRATEGIC PLAN.—A 5-year plan to identify
outcome-based goals and performance measures of the
program.
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(2) ANNUAL PLAN.—An annual plan for each fis-
cal year designed to match available resources to the
projected workload.
(3) STANDARDIZED WORK PROGRAM.—A stand-
ardized work program to be used by agency personnel
to carry out the certifications, validations, and re-
validations of participants. The Secretary shall keep
records and monitor staff hours associated with the
completion of each such review.
(b) DOCUMENTATION OF REVIEWS.—The Secretary,
acting through the Commissioner, shall maintain a record
management system to document determinations on the re-
views of each C–TPAT participant, including certifications,
validations, and revalidations.
(c) CONFIDENTIAL INFORMATION SAFEGUARDS.—In
consultation with the Commercial Operations Advisory
Committee, the Secretary, acting through the Commissioner,
shall develop and implement procedures to ensure the pro-
tection of confidential data collected, stored, or shared with
government agencies or as part of the application, certifi-
cation, validation, and revalidation processes.
SEC. 221. RESOURCE MANAGEMENT STAFFING PLAN.
The Secretary, acting through the Commissioner,
shall—