H.R.4954 - SAFE Port Act109th Congress (2005-2006)
Summary: H.R.4954 — 109th Congress (2005-2006)
Public Law (10/13/2006)
(This measure has not been amended since the Conference Report was filed in the House on September 29, 2006. The summary of that version is repeated here.)
Security and Accountability For Every Port Act of 2006 or the SAFE Port Act - Title I: Security of United States Seaports - Subtitle A: General Provisions - (Sec. 101) Amends the Maritime Transportation Security Act of 2002 (MTSA) to require area maritime transportation security plans to include a salvage response plan to identify equipment capable of restoring operational trade capacity and to ensure that waterways are cleared as quickly as possible after a maritime transportation security incident (defined as a security incident resulting in significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area).
(Sec. 102) Requires vessel and security plans under MTSA to regulate access by persons (including drayage companies) engaged in the surface transportation of intermodal containers in or out of a facility (i.e., a structure or facility of any kind located in, on, under, or adjacent to any waters subject to U.S. jurisdiction). Requires the submission of a new vessel and security plan after a change of ownership or operation of a facility.
Requires U.S. citizenship for individuals implementing security actions for a facility, but allows a waiver of such requirement after a complete background check and review of terrorist watch lists.
(Sec. 103) Requires the Secretary of Homeland Security (Secretary) to verify, at least twice annually, the effectiveness of a vessel and facility security plan, with at least one of the inspections to be unannounced.
(Sec. 104) Imposes additional requirements under MTSA for issuing transportation security cards, including requiring the Secretary to: (1) establish a priority for each U.S. port based on risk; (2) implement the transportation security card program at all U.S. ports not later than January 1, 2009; and (3) process all applications for transportation security cards for individuals with current and valid merchant mariners' documents by January 1, 2009.
Directs the Secretary to: (1) conduct a pilot program to test transportation security card readers at secure areas of the marine transportation system; (2) issue regulations to require the deployment of such card readers; (3) make a comprehensive report to Congress on the pilot program; and (4) promulgate final regulations for issuing such cards by January 1, 2007.
(Sec. 105) Directs the Comptroller General to study and report to Congress on redundancies and inefficiencies in connection with background records checks for the Department of Homeland Security (DHS).
(Sec. 106) Requires the Secretary to disqualify any individual found guilty (or not guilty by reason of insanity) of a felony involving treason, espionage, sedition, or any crime of terrorism (including a conspiracy to commit such crimes) from applying for a transportation security card.
(Sec. 107) Establishes a deadline of April 1, 2007, for the Secretary of the department in which the Coast Guard is operating (department Secretary) to implement a long-range vessel tracking system. Authorizes the Secretary to issue regulations to establish a voluntary long-range automated vessel tracking system prior to the issuance of final regulations for such system.
(Sec. 108) Directs the department Secretary to establish interagency operational centers for port security at all high-risk priority ports not later than three years after enactment of this Act. Describes required characteristics. Designates the Coast Guard Captain of the Port in an operational center as the incident commander in the event of a transportation security incident. Requires the Secretary to submit to Congress a budget and cost-sharing analysis for such operational centers.
Authorizes appropriations for FY2007-FY2012.
(Sec. 109) Directs the department Secretary, not later than 180 days after enactment, to update and finalize the rulemaking on notice of arrival for foreign vessels on the Outer Continental Shelf.
(Sec. 110) Establishes a deadline of one year after enactment for implementation of identification requirements for crewmembers on vessels calling at U.S. ports.
Subtitle B: Port Security Grants; Training and Exercise Programs - (Sec. 111) Requires the department Secretary to make available a risk assessment tool that uses standardized risk criteria for updating area maritime security plans and for applying for port security grants.
(Sec. 112) Requires the allocation of port security grants based on risk. Limits the use of grant funds for construction costs. Expands eligible costs under such grant program to include: (1) training exercises relating to terrorism prevention or recovery; (2) sharing of terrorism threat information; and (3) equipment costs for storing classified information.
Allows funding for multi-year port security projects.
Requires the department Secretary to report to Congress on the methodology for allocating port security grant funds based on risk.
Authorizes appropriations for port security grants for FY2007-FY2011.
Modifies the criteria for administering the port security grant program to include risk assessment.
(Sec. 113) Requires the Secretary to establish a Port Security Training Program to assist facilities to submit a plan to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism, natural disasters, and other emergencies.
(Sec. 114) Requires the Secretary to establish a Port Security Exercise Program to test and evaluate the capabilities of governments, commercial seaport personnel and management, emergency response providers, the private sector, and other entities to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at commercial seaports.
(Sec. 115) Requires the department Secretary to require high risk port facilities to conduct at least once every two years live or full-scale exercises to test and evaluate federal, state, and local capabilities to respond to and recover from threats at commercial seaports.
Subtitle C: Port Operations - (Sec. 121) Requires, not later than December 31, 2007, all containers entering high volume U.S. ports by vessel to be scanned for radiation.
Requires the Secretary to: (1) develop a strategy for the deployment of radiation detection capabilities; (2) submit such strategy to Congress within 90 days after enactment; (3) report to Congress on the feasibility of and strategy for the development of equipment to detect and prevent shielded nuclear and radiological threat material and chemical, biological, and other weapons of mass destruction from entering the United States; (4) publish technical capability standards and recommended standard operating procedures for the use of nonintrusive imaging and radiation detection equipment in the United States; (5) fully implement the strategy for the deployment of radiation detection capabilities within three years after enactment; (6) expand such strategy to all other U.S. ports by December 31, 2008; and (7) establish an Intermodal Rail Radiation Detection Test Center.
(Sec. 122) Requires the Secretary to: (1) develop a plan for the inspection of car ferries bound for a U.S. seaport; (2) develop and implement a plan for random searches of shipping containers; (3) implement a threat assessment screening for all port truck drivers with access to secure areas of a port; and (4) establish at least one Border Patrol unit for the U.S. Virgin Islands and report to Congress on the schedule for establishing such unit.
(Sec. 124) Excludes work stoppages or employee-related actions not related to terrorism from the definition of "economic disruption" resulting from a transportation security incident.
(Sec. 127) Requires the Secretary to report to Congress on the impact of implementing requirements under the Immigration and Nationality Act with respect to certain commercial vessels operating exclusively between the territorial waters of the U.S. Virgin Islands and the British Virgin Islands.
(Sec. 128) Requires the Secretary to establish a university-based Center for Excellence for Maritime Domain Awareness.
Title II: Security of the International Supply Chain - Subtitle A: General Provisions - (Sec. 201) Directs the Secretary to: (1) develop, implement, and update a strategic plan to enhance the security of the international supply chain (defined as the end-to-end process for shipping goods to or from the United States beginning at the point of origin through a point of distribution to the destination); and (2) submit an interim and final report to Congress for such plan. Specifies requirements for the strategic plan.
(Sec. 202) Requires the Secretary to develop and update protocols for the resumption of trade after a transportation security incident.
(Sec. 203) Requires the Secretary to: (1) issue regulations for collecting data elements for improved high-risk targeting of cargo imported into the United States prior to loading on vessels at foreign seaports; and (2) take certain actions to improve the effectiveness and capabilities of the Automated Targeting System.
Authorizes appropriations for FY2008-FY2010 for the Automated Targeting System.
(Sec. 204) Requires the Secretary to: (1) initiate, not later than 90 days after enactment, rulemaking proceedings to establish minimum standards and procedures for securing containers in transit to the United States; and (2) issue, not later than 180 days after enactment, an interim final rule for securing such containers. Requires all such containers to meet security standards and procedures not later than two years after enactment.
(Sec. 205) Directs the Secretary to establish and implement a Container Security Initiative (CSI) to identify and examine or search maritime containers that pose a security risk before loading in a foreign port for shipment to the United States.
Requires the Secretary to issue a "do not load" order to prevent the onload of cargo at a port designated under CSI that has been identified as high risk.
Requires the Secretary to report to Congress on the effectiveness (and need for improvements) of the CSI by September 30, 2007, and by September 30, 2010.
Authorizes appropriations for FY2008-FY2010 to the U.S. Customs and Border Protection to carry out the CSI.
Subtitle B: Customs-Trade Partnership Against Terrorism - (Sec. 211) Authorizes the Secretary, acting through the Commissioner of the U.S. Customs and Border Protection (Commissioner), to establish the Customs-Trade Partnership Against Terrorism (C-TPAT), as a voluntary government-private sector program to strengthen and improve the overall security of the international supply chain and U.S. border security and to facilitate the movement of secure cargo. Requires the Secretary to review the minimum security requirements of C-TPAT at least once a year.
(Sec. 212) Allows importers, customs brokers, forwarders, air, sea, and land carriers, contract logistics providers, and other entities in the international supply chain and intermodal transportation system to apply for participation in C-TPAT.
(Sec. 213) Specifies minimum requirements for participation in C-TPAT.
(Sec. 214) Sets forth benefits available to Tier I, Tier II, and Tier III participants in C-TPAT and criteria for validating participants.
(Sec. 217) Allows the Commissioner to deny benefits to C-TPAT participants who fail to meet specified requirements or who provide false or misleading information. Allows a C-TPAT participant to appeal a denial of benefits.
(Sec. 218) Requires the Secretary to develop and implement: (1) a one-year pilot program for using third party entities to conduct validations of C-TPAT participants; and (2) a revalidation process for Tier 2 and Tier 3 C-TPAT participants.
(Sec. 220) Requires the Secretary to consider importers of noncontainerized cargoes for participation in C-TPAT.
(Sec. 221) Requires the Secretary to establish management controls for the C-TPAT program, including a five-year plan to identify outcome-based goals and performance measures.
(Sec. 222) Directs the Commissioner to increase in FY2008 and FY2009 by not less than 50 the number of full-time personnel engaged in the validation and revalidation of C-TPAT participants.
(Sec. 223) Authorizes appropriations for FY2008-FY2010 for C-TPAT and for FY2008-FY2012 for additional personnel to validate and revalidate C-TPAT participants.
Subtitle C: Miscellaneous Provisions - (Sec. 231) Requires the Secretary to: (1) designate three foreign seaports with unique features and differing levels of trade volume for purposes of establishing pilot integrated scanning systems at such seaports; (2) acquire radiation detection equipment through the Department of Energy, the private sector, or host governments; (3) achieve a full-scale implementation of such scanning system at such seaports not later than one year after enactment; and (4) report to Congress on such scanning system.
(Sec. 232) Requires the Secretary to: (1) ensure that all incoming cargo containers are screened to identify high-risk containers and that all high-risk containers are scanned or searched; and (2) report to Congress on the status of full-scale implementation of integrated scanning systems for cargo containers.
(Sec. 233) Authorizes the Secretary to provide technical assistance to facilitate the implementation of supply chain security measures at ports designated under the Container Security Initiative. Requires the Secretary to identify assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries and U.S. territories, including the U.S. Virgin Islands, with particular emphasis on ports in the Caribbean Basin. Requires the Comptroller General to report to Congress on the security of ports in the Caribbean Basin.
(Sec. 234) Requires the Secretary to reassess the effectiveness of antiterrorism measures maintained at ports not less than once every three years.
(Sec. 235) Directs the Secretary to conduct a one-year pilot program to improve the security of empty containers at U.S. seaports
(Sec. 236) Requires the Secretary to develop a system to collect risk information related to the supply chain with private sector entities.
Title III: Administration - (Sec. 301) Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) an Office of Cargo Security Policy to coordinate all DHS policies relating to cargo security and to consult with stakeholders and coordinate with other federal agencies in establishing standards and regulations and to promote best practices. Sets forth the responsibilities of the Director of such Office.
Requires the Secretary of State to designate a liaison office to assist in negotiating cargo security-related international agreements.
(Sec. 302) Extends until December 31, 2008, the the Homeland Security Science and Technology Advisory Committee. Requires the Under Secretary for Science and Technology of DHS to utilize the Committee to provide outside expertise in advancing cargo security technology.
(Sec. 303) Requires the Secretary to direct, coordinate, and evaluate research, development, testing, and evaluation efforts in furtherance of maritime and cargo security.
Title IV: Agency Resources and Oversight - (Sec. 401) Requires the Secretary to designate a senior official in DHS to coordinate and report to Congress on DHS trade and customs revenue functions. Establishes a Director of Trade Policy in DHS to advise on all aspects of DHS policies relating to trade and customs revenue functions.
Requires the Comptroller General to study and report to Congress on DHS obligations under the Homeland Security Act of 2002 with respect to the maintenance of custom revenue functions.
Requires the Secretary to report to Congress on the maintenance of DHS custom revenue functions, on DHS actions that will have a major impact on trade and customs revenue functions or of any reorganization of customs revenue functions, and on any reorganization.
(Sec. 402) Establishes in the U.S. Customs and Border Protection an Office of International Trade, to be headed by an Assistant Commissioner. Requires the transfer of the assets, functions, and personnel of the Office of Strategic Trade and the Office of Regulations and Rulings to the Office of International Trade. Authorizes the Commissioner of U.S. Customs and Border Protection to transfer any assets, functions, or personnel to such Office after giving notice to specified congressional committees.
Requires the Commissioner to establish an International Trade Committee to advise the Commissioner on commercial customs and trade facilitation functions. Requires the Committee to report to Congress on its activities.
(Sec. 403) Requires the Commissioner to prepare and submit to Congress by June 30, 2007, and biennially thereafter a Resource Allocation Model to determine the optimal staffing levels to carry out the commercial operations of U.S. Customs and Border Protection. Requires such Model to provide for the hiring of a minimum of 200 additional customs and border protection officers in FY2008-FY2012. Authorizes appropriations.
Requires the Commissioner to report to Congress on resources directed to commercial and trade facilitation functions within the Office of Field Operations.
(Sec. 404) Amends the Tariff Act of 1930 to require the Secretary, the U.S. Trade Representative, and other appropriate federal officials to work through certain international organizations to align customs requirements to facilitate the efficient flow of international trade.
Requires the U.S. Trade Representative to seek certain commitments in negotiations in the World Trade Organization (WTO) regarding the articles of GATT 1944.
Requires the Secretary to work with the World Customs Organization (WCO) to facilitate the efficient flow of international trade.
(Sec. 405) Amends the Tariff Act of 1930 to require the Secretary of the Treasury to establish an electronic trade data interchange system, to be known as the International Trade Data System (ITDS), to eliminate redundant information requirements, regulate the flow of commerce, and enforce laws relating to international trade by establishing a single portal system operated by U.S. Customs and Border Protection. Requires all federal agencies that require documentation for clearing or licensing the importation and exportation of cargo to participate in ITDS. Establishes an Interagency Steering Committee to assist the Secretary in overseeing the implementation of, and participation in, ITDS. Requires the President to report to Congress on ITDS before the end of each fiscal year. Expresses the sense of Congress that federal agency participation in ITDS is an important priority of the federal government.
(Sec. 406) Requires the Commissioner of U.S. Customs and Border Protection to report to Congress not later than June 30, 2007, on various matters relating to in-bond cargo.
(Sec. 407) Expresses the sense of the Senate that nothing in this Act relating to port security grants and training programs, domestic radiation detection, and security of the international supply chain shall be construed to affect the jurisdiction of any standing committee of the Senate.
Title V: Domestic Nuclear Detection Office - (Sec. 501) Amends the Homeland Security Act of 2002 to establish in DHS a Domestic Nuclear Detection Office, to be headed by a presidentially-appointed Director. Makes such Office responsible for the coordination of federal efforts to detect and protect against the unauthorized importation, possession, storage, transportation, development, or use of a nuclear explosive device, fissile material, or radiological material in the United States.
(Sec. 502) Requires the Secretary, the Secretary of Energy, the Secretary of Defense, and the Director of National Intelligence to submit to Congress a research and development investment strategy for nuclear and radiological detection not later than one year after enactment.
Requires a joint annual report to Congress by the Director of the Domestic Nuclear Detection Office and the DHS Under Secretary for Science and Technology on nuclear and radiological detection activities related to counterterrorism measures required under the Homeland Security Act of 2002.
Title VI: Commercial Mobile Service Alerts - Warning, Alert, and Response Network Act - (Sec. 602) Requires the Federal Communications Commission (FCC) to adopt technical requirements for commercial mobile service alerts.
(Sec. 603) Provides for the establishment of the Commercial Mobile Service Alert Advisory Committee. Requires the Advisory Committee to submit to the FCC recommendations to assist commercial mobile service providers in providing emergency alerts to their subscribers.
(Sec. 604) Requires the Under Secretary of Homeland Security for Science and Technology to establish a research, development, testing, and evaluation program to support the development of technologies to increase the number of commercial mobile service devices that can receive emergency alerts.
(Sec. 605) Requires the Under Secretary of Commerce for Oceans and Atmosphere to establish a grant program to provide for outdoor alerting technologies in remote communities to enable residents of such communities to receive emergency alerts.
(Sec. 606) Provides for additional funding for commercial mobile service alerts under this title from the Digital Transition and Public Safety Fund.
Directs the Assistant Secretary of Commerce for Communications and Information to compensate broadcast station licensees for reasonable costs incurred in complying with requirements under this title.
Authorizes the Assistant Secretary of Commerce for Communications and Information to borrow up to $106 million from the Treasury to implement commercial mobile service alerts under this title.
(Sec. 607) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) define "essential service provider" as a municipal, nonprofit, or private,for profit entity that provides telecommunications service, electrical power, natural gas, water and sewer services, or any other essential service (as determined by the President): (2) increase community disaster loans; (3) increase the federal share of relocating a public building destroyed by a disaster; (4) expedite disaster relief payments for debris removal; and (5) require the head of a federal agency involved in disaster relief to formulate requirements for the use of local contractors for disaster relief services.
(Sec. 612) Assigns, as of April 1, 2007, responsibility for the radiological emergency preparedness program and the chemical stockpile emergency preparedness program to the Federal Emergency Management Agency (FEMA).
(Sec. 613) Amends the Homeland Security Act of 2002 to revise the definition of "emergency response provider" to include governmental and nongovernmental agencies.
Title VII: Other Matters - (Sec. 701) Requires the Assistant Secretary of Homeland Security for Transportation Security to submit to Congress a security plan for essential air service and small community airports.
(Sec. 702) Requires each state or local government that receives a DHS grant to report to the Secretary on all expenditures of grant funds.
(Sec. 703) Directs the Secretary of Transportation to issue regulations to implement certain recommendations of the Department of Transportation Inspector General relating to trucking security.
(Sec. 704) Authorizes appropriations for the Northern Border Air Wing Branch in Great Falls, Montana.
(Sec. 705) Allows foreign-flag vessels to be employed for the movement or transportation of anchors in the Beaufort Sea.
(Sec. 706) Establishes December 31, 2009, as the conveyance date for certain U.S. Coast Guard property in Portland, Maine.
(Sec. 707) Requires the U.S. Customs and Border Protection Commissioner to: (1) establish performance indicators relating to the seizure of methamphetamine and precursor chemicals; (2) study the movement of such drugs into the United States; and (3) submit to Congress a comprehensive summary of such study and describe how the U.S. Customs and Border Protection used such study to target shipments presenting a high risk for drug smuggling or circumvention of the Combat Methamphetamine Epidemic Act of 2005.
(Sec. 708) Directs the Comptroller General to access and report to specified congressional committees on the status and implementation of the aircraft charter customer and lessee prescreening program and the use of such program by the general aviation charter and rental community.
(Sec. 709) Authorizes the President to carry out a program for the coordination of activities relating to the health and safety of individuals exposed to harmful substances during a disaster.
Requires the President to report on programs and studies relating to health and safety during a disaster.
Requires the Secretary, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency to enter into a contract jointly with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring. Requires such report to provide advice and recommendations on protecting the health and safety of individuals exposed to potentially harmful substances released during a disaster.
Title VIII: Unlawful Internet Gambling Enforcement - Unlawful Internet Gambling Enforcement Act of 2006 - (Sec. 802) Defines "bets and wagers" for purposes of this Act to include bets for contests, sporting events, games predominantly subject to chance, and lotteries. Excludes from such definition: (1) activities governed by securities laws: (2) transactions under the Commodity Exchange Act; (3) over-the-counter derivative instruments; (4) contracts of indemnity or guarantee; (5) any contract for insurance; (6) any deposit or other transaction with an insured depository institution; and (7) reward programs or games conducted by businesses for promotional purposes.
Declares that nothing in this Act may be construed to prohibit any activity allowed under the Interstate Horseracing Act, to preempt any state law prohibiting gambling, or to affect the application of the Indian Gaming Regulatory Act.
Expresses the sense of Congress that this Act does not address the legality of certain horse racing activities under federal law.
Amends the federal criminal code to prohibit persons engaged in the business of betting or wagering from knowingly accepting credit, or the proceeds of credit, electronic fund transfers, checks, drafts, or similar financial instruments or the proceeds of any other financial transaction in connection with unlawful Internet gambling (this prohibition is defined by this Act as a "restricted transaction"). Imposes a fine and/or prison term of up to five years for violations.
Directs the Secretary of the Treasury and the Board of Governors of the Federal Reserve System to prescribe regulations to identify and block restricted transactions. Grants immunity from civil liability for blocking a restricted transaction or one which is reasonably believed to be a restricted transaction.
Grants U.S. district courts original and exclusive jurisdiction to prevent and restrain restricted transactions and to enter a permanent injunction against individuals convicted of accepting financial instruments for unlawful Internet gambling. Authorizes the Attorney General or any state attorney general to institute proceedings to prevent or restrain a restricted transaction.
(Sec. 803) Calls upon the U.S. government, in deliberations with foreign governments, to: (1) encourage cooperation by foreign governments in identifying whether Internet gambling operations are being used for money laundering, corruption, or other crimes; (2) advance policies that promote international cooperation in enforcing this Act; and (3) encourage the Financial Action Task Force on Money Laundering to study the extent to which Internet gambling operations are being used for money laundering purposes.
Directs the Secretary of the Treasury to report to Congress annually on deliberations between the United States and other countries on Internet gambling.