S 832 IS

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

April 14, 2011

Ms. COLLINS (for herself and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘SAFE Port Reauthorization Act’.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Extension of port security programs.

Sec. 3. Customs-Trade Partnership Against Terrorism.

Sec. 4. Recognition of other countries’ trusted shipper programs.

Sec. 5. Secure Freight Initiative.

Sec. 6. Strengthening America’s Waterway Watch Program.

Sec. 7. Port security grant program management.

SEC. 2. EXTENSION OF PORT SECURITY PROGRAMS.

(a) Automated Targeting System- Section 203(g) of the SAFE Port Act (6 U.S.C. 943(g)) is amended by striking paragraphs (1) through (3) and inserting the following:

‘(1) $32,565,000 for fiscal year 2011;

‘(2) $33,475,000 for fiscal year 2012;

‘(3) $34,500,000 for fiscal year 2013;

‘(4) $35,550,000 for fiscal year 2014;

‘(5) $36,580,000 for fiscal year 2015; and

‘(6) $37,710,000 for fiscal year 2016.’.

(b) Container Security Initiative- Section 205(m) of the SAFE Port Act (6 U.S.C. 945(m)) is amended by striking paragraphs (1) through (3) and inserting the following:

‘(1) $166,860,000 for fiscal year 2011;

‘(2) $171,865,000 for fiscal year 2012;

‘(3) $177,000,000 for fiscal year 2013;

‘(4) $182,330,000 for fiscal year 2014;

‘(5) $187,800,000 for fiscal year 2015; and

‘(6) $193,600,000 for fiscal year 2016.’.

(c) Customs-Trade Partnership Against Terrorism- Section 223(a) of the SAFE Port Act (6 U.S.C. 973(a)) is amended by striking paragraphs (1) through (3) and inserting the following:

‘(1) $64,500,000 for fiscal year 2011;

‘(2) $66,400,000 for fiscal year 2012;

‘(3) $68,400,000 for fiscal year 2013;

‘(4) $70,500,000 for fiscal year 2014;

‘(5) $72,500,000 for fiscal year 2015; and

‘(6) $74,700,000 for fiscal year 2016.’.

SEC. 3. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM.

(a) Unannounced Inspections- Section 217(a) of the SAFE Port Act (6 U.S.C. 967(a)) is amended--

(1) by striking ‘If at any time’ and inserting the following:

‘(1) FAILURE TO MEET REQUIREMENTS- If at any time’; and

(2) by inserting after paragraph (1), as redesignated, the following:

‘(2) UNANNOUNCED INSPECTIONS- The Secretary, acting through the Commissioner, may conduct an unannounced inspection of a C-TPAT participant’s security measures and supply chain security practices if the Commissioner determines, based on previously identified deficiencies in security measures and supply chain security practices of the C-TPAT participant, that there is a significant likelihood that such an inspection would assist in confirming the security measures in place and further the validation process.’.

(b) Tier 2 Participants- Section 215(b) of the SAFE Port Act (6 U.S.C. 965(b)) is amended--

(1) by striking ‘and’ at the end of paragraph (2);

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

(3) by adding at the end the following:

‘(4) voluntary training on supply chain security.’.

(c) Additional Trade Benefits- Section 216 of the SAFE Port Act (6 U.S.C. 966) is amended--

(1) in subsection (c)--

(A) in paragraph (3), by striking ‘and’ at the end;

(B) in paragraph (4), by striking ‘and’ at the end;

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

(D) by adding at the end the following:

‘(6) voluntary training on supply chain security; and

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

(2) by striking subsection (d) and inserting the following:

‘(d) Private Sector Information Sharing on Security Threats-

‘(1) IN GENERAL- The Secretary shall establish a program to promote sharing information with Tier 3 participants and other private entities regarding--

‘(A) potential vulnerabilities, attacks, and exploitations of the international supply chain; and

‘(B) means and methods of preventing, responding to, and mitigating consequences from the vulnerabilities, attacks, and exploitations described in subparagraph (A).

‘(2) CONTENTS- The program established under paragraph (1) shall include--

‘(A) the creation of classified and unclassified means of accessing information that may be used by appropriately cleared personnel and that will provide, as appropriate, ongoing situational awareness of the security of the international supply chain; and

‘(B) the creation of guidelines to establish a mechanism by which owners and operators of international supply chain infrastructure may report actual or potential security breaches.’.

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

Section 218 of the SAFE Port Act (6 U.S.C. 968) is amended by adding at the end the following:

‘(j) Recognition of Other Countries’ Trusted Shipper Programs- Not later than 30 days before entering into an arrangement between the United States and a foreign government providing for mutual recognition of supply chain security programs, which may result in the awarding of benefits described in section 214, 215, or 216 of the SAFE Port Act, the Secretary of Homeland Security shall--

‘(1) notify Congress of the proposed terms of such arrangement; and

‘(2) determine, in consultation with the Commissioner that the foreign government’s supply chain security program provides an equivalent level of supply chain security as provided by the Customs-Trade Partnership Against Terrorism.’.

SEC. 5. SECURE FREIGHT INITIATIVE.

Section 232(b) of the SAFE Port Act (6 U.S.C. 982(b)) is amended--

(1) in paragraph (1), by striking ‘A container’ and inserting ‘Except as provided under paragraph (10), a container’; and

(2) by adding at the end the following:

‘(10) WAIVER- The Secretary may waive the application of paragraph (1) if the Secretary certifies to Congress that--

‘(A) C-TPAT revalidations are occurring at least once every 4 years;

‘(B) the Container Security Initiative has been implemented and is in operation at all high-risk foreign ports;

‘(C) 100 percent of cargo containers originating outside the United States undergo a screening to identify high-risk containers;

‘(D) 100 percent of the containers that have been identified as high-risk are scanned or searched before entering the United States; and

‘(E) the additional data elements required to be submitted to the Department under section 203 to identify high-risk cargo have improved the capabilities of the Automated Targeting System, based on empirical evidence of seizures of illegal narcotics and dangerous materials.’.

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

(a) Immunity-

(1) IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE-

(A) IN GENERAL- Any individual who, in good faith and based on objectively reasonable suspicion, makes, or causes to be made, a voluntary report of covered activity to an authorized official shall be immune from civil liability under Federal, State, and local law for such report.

(B) FALSE REPORTS- Subparagraph (A) shall not apply to any report that--

(i) the individual knew to be false; or

(ii) was made with reckless disregard for the truth at the time that individual made the report.

(2) IMMUNITY FOR RESPONSE-

(A) IN GENERAL- Any authorized official who observes, or receives a report of, a covered activity and takes reasonable action in good faith to respond to such activity shall have qualified immunity from civil liability for such action, consistent with the applicable law of the relevant jurisdiction. An authorized official not entitled to assert the defense of qualified immunity shall be immune from civil liability under Federal, State, and local law if such authorized official takes reasonable action, in good faith, to respond to the reported activity.

(B) SAVINGS PROVISION- Nothing in this paragraph may be construed to--

(i) affect the ability of any authorized official to assert any defense, privilege, or immunity that would otherwise be available under applicable law; or

(ii) affect any such defense, privilege, or immunity.

(3) ATTORNEY FEES AND COSTS- Any individual or authorized official granted immunity from civil liability under this section shall be entitled to recover from the plaintiff all reasonable costs and attorney fees.

(4) EXEMPTION FOR FOIA- A report regarding a covered activity made under this section shall not be subject to disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act).

(b) Report- In accordance with section 801 of the Coast Guard Authorization Act of 2010 (Public Law 111-281; 124 Stat. 2989), the Secretary shall submit a report that describes the coordination of the America’s Waterway Watch Program and similar critical infrastructure suspicious activity reporting programs within the Department of Homeland Security. In addition to submitting the report to the Committee on Commerce of the Senate and the Committee on Homeland Security of the House of Representatives, the Secretary shall submit the report to the Committee on Homeland Security and Governmental Affairs of the Senate.

(c) Definitions- In this section:

(1) ACT OF TERRORISM- The term ‘act of terrorism’ has the meaning given the term in section 3077 of title 18, United States Code.

(2) AUTHORIZED OFFICIAL- The term ‘authorized official’ means--

(A) any employee or agent of a vessel, facility, port, or waterway or other person with responsibilities relating to the security of such systems;

(B) any officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice with responsibilities relating to the security of vessels, facilities, ports, or waterways; and

(C) any Federal, State, or local law enforcement officer.

(3) COVERED ACTIVITY- The term ‘covered activity’ means any suspicious transaction, activity, or occurrence that--

(A) involves, or is directed against, a vessel, facility, port, or waterway; and

(B) indicates that an individual may be preparing to engage, or is engaging, in a violation of law relating to--

(i) a threat to a vessel, facility, port, or waterway; or

(ii) an act of terrorism.

(4) FACILITY- The term ‘facility’ has the meaning given the term in section 70101(2) of title 46, United States Code.

SEC. 7. PORT SECURITY GRANT PROGRAM MANAGEMENT.

(a) Determination of Applications- Section 70107(g) of title 46, United States Code, is amended--

(1) by striking ‘Any entity’ and inserting the following:

‘(1) IN GENERAL- Any entity’; and

(2) by adding at the end the following:

‘(2) DETERMINATION- Notwithstanding any other provision of law, the Secretary shall, not later than 60 days after the date on which an applicant submits a complete application for a grant under this section, either approve or disapprove the application.’.

(b) Administration of Cost Share Determinations- Section 70107(c)(2) of title 46, United States Code, is amended by inserting after subparagraph (C) the following:

‘(D) COST SHARE DETERMINATIONS- Notwithstanding any other provision of law, not later than 60 days after the date on which an applicant submits a complete application for a matching requirement (other than a project specified in paragraph (1)), the Secretary shall either approve or disapprove the application.’.

(c) Administration of Extensions- Section 70107(i) of title 46, United States Code, is amended by inserting after paragraph (4) the following:

‘(5) EXTENSION DETERMINATIONS- Notwithstanding any other provision of law, not later than 60 days after the date on which an applicant submits a complete application for a grant extension, the Secretary shall either approve or disapprove the application.’.

(d) Authorization of Appropriations- Section 70107(l) of title 46, United States Code, is amended to read as follows:

‘(l) Authorization of Appropriations- There are authorized to be appropriated $300,000,000 for each of the fiscal years 2011 through 2016 to carry out this section.’.