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108hr5291ih
(6) Interagency container working group The term Interagency Container Working Group means the working group consisting of representatives of the former United States Customs Service and the National Infrastructure Security Committee of the Department of Transportation that provided recommendations relating to the sec...
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(8) Smart and secure trade lane program The term Smart and Secure Trade Lane Program means the program carried out by the intermodal transportation industry to provide security and ensure efficiency throughout the intermodal transportation system, specifically by developing technology to improve the security of interm...
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(b) Clerical Amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the items relating to subtitle F of title IV the following new items: Subtitle G—Bureau of Customs and Border Protection Security Programs Sec. 481. Standards for the security of maritime cargo ...
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CSI report Sec. 486. Definitions. 481. Standards and verification procedures for the security of maritime cargo containers (a) Standards and Verification Procedures Not later than 180 days after the date of the enactment of the Secure COAST Act, the Secretary, acting through the Under Secretary for Border and Transpo...
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(b) Requirements The standards and verification procedures established pursuant to subsection (a) shall be consistent with the cargo container security recommendations of Operation Safe Commerce, the interagency Container Working Group, and the Smart and Secure Trade Lane program and shall meet the following additiona...
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(2) Seal verification Procedures shall be established for the verification of security seals described in paragraph (1), including procedures to determine which individuals and entities in the intermodal transportation system are responsible for sealing maritime cargo containers, recording of seal numbers, changes to ...
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(c) Evaluation of Container Tracking Technologies, Container Targeting, and Security of Empty Containers (1) Evaluation The Secretary, acting through the Under Secretary for Border and Transportation Security, shall carry out the following: (A) Container tracking technologies The Secretary shall evaluate the securit...
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In addition to determining the security benefits, the Secretary shall determine the costs, infrastructure, communication system, required to deploy such technology in the intermodal transportation system, including incentives for investment in such technology. (B) Container targeting The Secretary shall evaluate trade...
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(2) Report Not later than 180 days after the date of the enactment of the Secure COAST Act, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains the results of the evaluations carried out under paragraph (1), including any recommendations thereto. 482.
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Validation of security measures under the C–TPAT program (a) General Validation Not later than September 30, 2005, and on an annual basis thereafter, the Commissioner of the Bureau of Customs and Border Protection shall conduct on site validations of each individual and entity participating in the C–TPAT program to e...
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(b) Specific Validation The Commissioner shall establish inspection teams under the C–TPAT program to evaluate the program’s security requirements and, as circumstances warrant, to carry out unannounced inspections of individuals and entities participating in the program to ensure compliance with the security requirem...
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Deployment of radiation detection portal equipment; integrated cargo inspection system (a) Deployment of radiation detection portal equipment (1) Deployment Not later than September 30, 2005, the Commissioner of the Bureau of Customs and Border Protection shall deploy radiation detection portal equipment at all Unit...
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(3) Authorization of appropriations There is authorized to be appropriated to the Commissioner $290,000,000 for fiscal year 2005 to carry out this subsection. (b) Integrated Cargo Inspection System (1) Plan The Commissioner of the Bureau of Customs and Border Protection shall develop a plan to integrate radiation de...
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Such plan shall include methods for automatic identification of containers and vehicles for inspection in a timely manner and a data sharing network capable of transmitting gamma-ray images and cargo data among relevant ports and the National Targeting Center of the Bureau of Customs and Border Protection.
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(2) Report Not later than 180 days after the date of the enactment of the Secure COAST Act, the Commissioner shall prepare and submit to the appropriate congressional committees a report that contains— (A) a description of the plan developed under paragraph (1), including any infrastructure improvements required at th...
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Staffing assessment of seaport security missions (a) Study The Commissioner of the Bureau of Customs and Border Protection shall conduct a study to determine the number of Bureau inspectors and other appropriate personnel that should be stationed at United States seaports and foreign seaports that are participating i...
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In determining such number of Bureau inspectors, the Commissioner shall take into account the requirements contained in the other sections of this subtitle. (b) Report Not later than 180 days after the date of the enactment of the Secure COAST Act, the Commissioner shall prepare and submit to the appropriate congressi...
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CSI report Not later than 180 days after the date of the enactment of the Secure COAST Act , and on an annual basis thereafter, the Secretary, acting through the Commissioner of the Bureau of Customs and Border Protection, shall prepare and submit to the appropriate congressional committees a report that contains all ...
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Definitions In this subtitle: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Appropriations, the Committee on Ways and Means, the Select Committee on Homeland Security (or any successor committee), and the Committee on Transportation and Infrastructu...
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(2) Bureau of customs and border protection or bureau The term Bureau of Customs and Border Protection or Bureau means the Bureau of Customs and Border Protection of the Department. (3) Commissioner The term Commissioner means the Commissioner of the Bureau of Customs and Border Protection.
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(4) Container security initiative or csi The term Container Security Initiative or CSI means the program carried out by the Bureau of Customs and Border Protection under which Bureau personnel are deployed to major seaports outside the United States to work with their host country counterparts to— (A) establish securi...
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(5) C– TPAT program The term C–TPAT program means the Customs-Trade Partnership Against Terrorism program carried out by the Bureau of Customs and Border Protection under which importers, brokers, air, sea, and land carriers, and other individuals and entities in the intermodal transportation system voluntarily enter ...
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(6) Interagency container working group The term Interagency Container Working Group means the working group consisting of representatives of the former United States Customs Service and the National Infrastructure Security Committee of the Department of Transportation that provided recommendations relating to the sec...
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(8) Smart and secure trade lane program The term Smart and Secure Trade Lane Program means the program carried out by the intermodal transportation industry to provide security and ensure efficiency throughout the intermodal transportation system, specifically by developing technology to improve the security of interm...
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Port security grant funding Section 70107(h) of title 46, United States Code, is amended to read as follows: (h) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subsections (a) through (g)— (1) $537,000,000 for fiscal year 2005; and (2) such sums as are necessary f...
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Funding for collaborative program for development of maritime information sharing and analysis capability (a) Fiscal year 2005 Of the amounts authorized to be appropriated to the Department of Homeland Security, $3,000,000 shall be available for a grant to assist the maritime industry to develop and operare a colloab...
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(b) Sense of Congress It is the sense of Congress that— (1) the President should include in budget requests submitted for fiscal years 2006 and 2007 sufficient funds to ensure that such a maritime information sharing and analysis capability is fully operational before fiscal year 2008; and (2) the maritime industry sh...
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Appropriate congressional committees defined In this title the term appropriate congressional committees means the Committee on Transportation and Infrastructure, the Select Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science and Tr...
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Acceleration of integrated deepwater program In addition to any other amounts authorized, there is authorized to be appropriated to the Secretary of Homeland Security $1,892,000,000 for fiscal year 2005 for the acquisition and construction of vessels, aircraft, shore and offshore facilities and other components associ...
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Increase in authorized Coast Guard personnel The Coast Guard is authorized an end-of-year strength for active duty personnel of 50,000 as of September 30 of each of 2005 and 2006. 143. Sense of the Congress regarding naming new vessels under the Deepwater Program for cities of the United States It is the sense of the...
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151. Passenger and baggage screening operations (a) Study The Secretary of Homeland Security shall conduct a study on the workforce size needed to adequately conduct passenger and baggage screening operations. The study shall include an analysis of the optimal screener workforce for security purposes, taking into acc...
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The study shall cover all screeners, whether employed by the Transportation Security Administration or private companies. (b) Report As soon as practicable, the Secretary shall transmit to the Congress a report on the results of the study, including assessments of full time versus part time screeners, and recommendati...
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(c) Sense of congress It is the sense of the Congress that following the receipt of the report under subsection (b), Congress should provide the Transportation Security Administration with the resources necessary to maintain the workforce size required according to the study in subsection (a). 152. Checked baggage sec...
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Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items (a) General authority Not later than 60 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administr...
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(b) Required findings The Assistant Secretary may enter into a contract for the provision of images under this section at an airport only if the Assistant Secretary finds that the average annual cost of the contract is less than the total estimated average annual cost for the Transportation Security Administration to ...
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The Assistant Secretary may not terminate a contract made under this section to the extent annual appropriations are available, except when the Assistant Secretary finds cause for termination.
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(d) Contract provisions A contract made under this section— (1) may include any cost associated with providing electronic explosive detection system images, including (A) maintenance; (B) financing; (C) reasonable management fees; and (D) other items or services the Assistant Secretary deems necessary; (2) may specify...
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(e) System design Prior to entering into a contract under this section with respect to an airport, the Assistant Secretary shall consult with the operator and users of the airport to ensure that the provision of electronic explosive detection system images under this section takes into consideration the operational ne...
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(f) Priority consideration The Assistant Secretary shall give priority under this section to entering into contracts that— (1) will expedite the installation of integrated in-line explosive detection systems at air carrier airports (as defined in section 47102) that have approved plans on the date of enactment of this...
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(g) Scoring Notwithstanding any other provision of law, any contract entered into under this section shall be treated and scored as an operating lease as defined in the Office of Management and Budget Circular A–11.. (b) Clerical amendment The analysis for such chapter is amended by inserting after the item relating ...
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Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items (a) General authority Not later than 60 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administr...
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(b) Required findings The Assistant Secretary may enter into a contract for the provision of images under this section at an airport only if the Assistant Secretary finds that the average annual cost of the contract is less than the total estimated average annual cost for the Transportation Security Administration to ...
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The Assistant Secretary may not terminate a contract made under this section to the extent annual appropriations are available, except when the Assistant Secretary finds cause for termination.
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(d) Contract provisions A contract made under this section— (1) may include any cost associated with providing electronic explosive detection system images, including (A) maintenance; (B) financing; (C) reasonable management fees; and (D) other items or services the Assistant Secretary deems necessary; (2) may specify...
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(e) System design Prior to entering into a contract under this section with respect to an airport, the Assistant Secretary shall consult with the operator and users of the airport to ensure that the provision of electronic explosive detection system images under this section takes into consideration the operational ne...
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(f) Priority consideration The Assistant Secretary shall give priority under this section to entering into contracts that— (1) will expedite the installation of integrated in-line explosive detection systems at air carrier airports (as defined in section 47102) that have approved plans on the date of enactment of this...
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(g) Scoring Notwithstanding any other provision of law, any contract entered into under this section shall be treated and scored as an operating lease as defined in the Office of Management and Budget Circular A–11. 153.
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Aviation security capital fund (a) In general Section 44923(h)(1) of title 49, United States Code, is amended— (1) by striking in each of fiscal years 2004 and inserting in fiscal year 2004 and the first $500,000,000 derived from such fees in each of fiscal years 2005 ; and (2) by striking in each of such fiscal year...
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(b) Discretionary grants Section 44923(h)(3) of such title is amended by inserting after $125,000,000 the following: for fiscal year 2004 and $375,000,000 for each of fiscal years 2005 through 2007. 154. Elimination of bag-match program as acceptable alternative for checked baggage (a) In general The only approved m...
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(b) Bag-match program phase-out The reliance on matching baggage to passengers onboard the air-craft shall be phased-out over a 6-month period after the date of enactment of this Act. The Secretary of Homeland Security shall develop a plan for the phase-out and may authorize further use of the bag-match program follow...
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Aviation security technologies (a) Report- Not later than six months after the date of the enactment of this section, the Secretary of Homeland Security shall transmit to the Congress a report on— (1) the status and technical maturity of aviation security technologies (including technologies for detecting explosive, c...
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the planned schedule for deployment of such technologies; (3) the expected future costs for development, testing, evaluation, procurement, and installation, and projected annual costs for operation and maintenance, of such technologies; (4) potential deployment problems in an airport setting; and (5) methods of deployi...
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201–203 ) is amended by adding at the end the following: 404. Air cargo on passenger aircraft (a) In General Not later than 180 days after the date of the enactment of this section, the Secretary shall establish and begin to implement a system to screen or inspect all cargo that is to be transported in passenger airc...
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The system shall require the use of equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established by the Secretary for equipment, technology, and personnel used to screen passenger baggage. (b) Report Not later than 210 days after the date of the enactment of this s...
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Air cargo on passenger aircraft (a) In General Not later than 180 days after the date of the enactment of this section, the Secretary shall establish and begin to implement a system to screen or inspect all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air ...
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The system shall require the use of equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established by the Secretary for equipment, technology, and personnel used to screen passenger baggage. (b) Report Not later than 210 days after the date of the enactment of this s...
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Database on known shipping companies (a) In General Not later than April 1, 2005, the Secretary of Homeland Security shall complete, and make available as appropriate to personnel of the Transportation Security Administration, freight forwarders, airport authorities, air carriers, and other relevant entities a databa...
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the Secretary shall transmit to Congress a report on the number of known shipping companies in the database, the number of known shipping companies for whom the Administration has conducted physical inspections of facilities and paperwork of such companies to determine compliance with security regulations that apply to...
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Flight crew communication systems (a) In General Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall require, to the greatest extent technically feasible, air carriers (as defined in section 40102 of title 49, United States Code) to provide flight attendants with ...
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(b) Deadline for Regulations The Secretary shall issue regulations to carry out this section not later than the 90th day following the date of the enactment of this Act. 159. National Strategy for Transportation Security (a) Requirement for strategy (1) Responsibilities of Secretary of Homeland Security The Secreta...
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(2) Consultation with Secretary of Transportation The Secretary of Homeland Security shall consult with the Secretary of Transportation in developing and revising the National Strategy for Transportation Security under this section.
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(b) Content The National Strategy for Transportation Security shall include the following matters: (1) An identification and evaluation of the transportation assets within the United States that, in the interests of national security, must be protected from attack or disruption by terrorist or other hostile forces, in...
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(3) The most practical and cost-effective means of defending those assets against threats to their security. (4) A forward-looking strategic plan that assigns transportation security roles and missions to departments and agencies of the Federal Government (including the Armed Forces), State governments (including the A...
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(6) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital assets. (7) A budget and recommendations for appropriate levels and sources of funding to meet the objectives set forth in the str...
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(B) Subsequent versions After 2005, the Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including any revisions, to Congress not less frequently than April 1 of each even-numbered year. (2) Periodic progress report (A) Requirement for report Each year, in conjunction wi...
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(B) Content Each progress report under this paragraph shall include, at a minimum, the following matters: (i) An assessment of the adequacy of the resources committed to meeting the objectives of the National Strategy for Transportation Security. (ii) Any recommendations for improving and implementing that strategy th...
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(d) Priority status (1) In general The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts. (2) Other plans and reports The National Strategy for Transportation Security shall include, as an integral part or as an appendix— (A) the current Nationa...
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160. Use of watchlists for passenger air transportation screening (a) In general The Secretary of Homeland Security, acting through the Transportation Security Administration, as soon as practicable after the date of the enactment of this Act but in no event later than 90 days after that date, shall— (1) implement a ...
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consolidated database containing information about known or suspected terrorists and their associates; and (2) use the information obtained by comparing the passenger information with the information in the database to prevent known or suspected terrorists and their associates from boarding such flights or flight segme...
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(c) Maintaining the accuracy and integrity of the no fly and automatic selectee lists (1) Watchlist database The Secretary of Homeland Security, in consultation with the Director of the Federal Bureau of Investigation, shall design guidelines, policies, and operating procedures for the collection, removal, and updati...
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(2) Accuracy of entries In developing the no fly and automatic selectee lists under subsection (a)(2), the Secretary of Homeland Security shall establish a simple and timely method for correcting erroneous entries, for clarifying information known to cause false hits or misidentification errors, and for updating relev...
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Short title This title may be cited as the Private Sector Preparedness Act of 2004. 162. Findings Congress finds the following: (1) Private sector organizations own 85 percent of the Nation s infrastructure facilities and employ the vast majority of the Nation s employees. The resources of these organizations, includ...
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Although there have been exemplary efforts by select private sector organizations, emergency preparedness is not generally a priority for these organizations. (3) The hearings of and testimony before the National Commission on Terrorist Attacks Upon the United States demonstrated that the lack of emergency preparedness...
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(4) Although there may be an interest in promoting emergency preparedness within private sector organizations, there remains uncertainty and confusion as to the definition of appropriate and adequate preparedness and what actions these organizations should take. (5) Identifying standards and best practices is necessary...
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is amended by adding at the end the following: 510. Private sector emergency preparedness program (a) Preparedness program Not later than 90 days after the date of enactment of this section, the Secretary shall develop and implement a program to enhance private sector preparedness for emergencies and disasters, inclu...
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including weapons of mass destruction; (3) managing necessary emergency preparedness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, as well as associated operational procedures; (6) developing and maintaining communications and war...
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(c) Standards (1) In general The Secretary shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for private sector emergency preparedness that will enable private sector organizations to achieve optimal levels of emergency preparedness as soon as pract...
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(2) Consultation The Secretary shall carry out paragraph (1) in consultation with the Under Secretary for Emergency Preparedness and Response, the Under Secretary for Science and Technology, the Under Secretary for Information Analysis and Infrastructure Protection, and the Special Assistant to the Secretary for the P...
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(d) Coordination The Secretary shall coordinate the program with, and utilize to the maximum extent practicable (1) the voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association; and (2)...
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Private sector emergency preparedness program. 510. Private sector emergency preparedness program (a) Preparedness program Not later than 90 days after the date of enactment of this section, the Secretary shall develop and implement a program to enhance private sector preparedness for emergencies and disasters, inclu...
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(3) managing necessary emergency preparedness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, as well as associated operational procedures; (6) developing and maintaining communications and warning systems; (7) developing and conduc...
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(c) Standards (1) In general The Secretary shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for private sector emergency preparedness that will enable private sector organizations to achieve optimal levels of emergency preparedness as soon as pract...
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(2) Consultation The Secretary shall carry out paragraph (1) in consultation with the Under Secretary for Emergency Preparedness and Response, the Under Secretary for Science and Technology, the Under Secretary for Information Analysis and Infrastructure Protection, and the Special Assistant to the Secretary for the P...
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(d) Coordination The Secretary shall coordinate the program with, and utilize to the maximum extent practicable (1) the voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association; and (2)...
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(2) Homeland security information The term homeland security information means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to— (A) the existence, organization, capabilities, plans, intentions, vulnerabilities, ...
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(C) communications of or by such groups or individuals; or (D) groups or individuals reasonably believed to be assisting or associated with such groups or individuals. (3) Network The term Network means the Information Sharing Network described under subsection (c). (b) Findings Consistent with the report of the Nati...
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The biggest impediment to all-source analysis, and to a greater likelihood of connecting the dots , is resistance to sharing information. (2) The United States Government has access to a vast amount of information, including not only traditional intelligence but also other government databases, such as those containing...
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(3) In the period preceding September 11, 2001, there were instances of potentially helpful information that was available but that no person knew to ask for; information that was distributed only in compartmented channels, and information that was requested but could not be shared. (4) Current security requirements nu...
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(5) The current system, in which each intelligence agency has its own security practices, requires a demonstrated need to know before sharing. This approach assumes that it is possible to know, in advance, who will need to use the information. An outgrowth of the cold war, such a system implicitly assumes that the risk...
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The current need-to-know culture of information protection needs to be replaced with a need-to-share culture of integration. (6) A new approach to the sharing of intelligence and homeland security information is urgently needed. An important conceptual model for a new trusted information network is the Systemwide Homel...
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Alone, each agency can only modernize stovepipes, not replace them. Presidential leadership is required to bring about governmentwide change. (c) Information sharing network (1) Establishment The President shall establish a trusted information network and secure information sharing environment to promote sharing of i...
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State, tribal, and local authorities, and relevant private sector entities, including owners and operators of critical infrastructure, by using policy guidelines and technologies that support— (A) a decentralized, distributed, and coordinated environment that connects existing systems where appropriate and allows users...
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including minimizing the centralization of data and seeking to use common tools and capabilities whenever possible; (E) employing an information access management approach that controls access to data rather than to just networks; (F) facilitating the sharing of information at and across all levels of security by using...
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including— (i) multifactor authentication and access control; (ii) strong encryption and data protection; (iii) immutable audit capabilities; (iv) automated policy enforcement; (v) perpetual, automated screening for abuses of network and intrusions; and (vi) uniform classification and handling procedures; (J) complianc...
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(d) Immediate actions Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Executive Council, shall— (1) submit to the President and to Congress a description of the technological, legal, and policy issues presented by the cre...
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and (3) conduct a review of relevant current Federal agency capabilities, including— (A) a baseline inventory of current Federal systems that contain intelligence or homeland security information; (B) the money currently spent to maintain those systems; and (C) identification of other information that should be include...
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including guidelines to ensure that information is provided in its most shareable form, such as by separating out data from the sources and methods by which that data are obtained; and (B) on classification policy and handling procedures across Federal agencies, including commonly accepted processing and access control...
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and (3) require the heads of Federal departments and agencies to promote a culture of information sharing by— (A) reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval; and (B) providing affirmative incentives for information shar...
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(f) Enterprise architecture and implementation plan Not later than 270 days after the date of the enactment of this Act, the Director of Management and Budget shall submit to the President and to Congress an enterprise architecture and implementation plan for the Network. The enterprise architecture and implementation...
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including identification of any agency that will build the infrastructure needed to operate and manage the Network (as distinct from the individual agency components that are to be part of the Network), with the delineation of roles to be consistent with— (A) the authority of the National Intelligence Director under th...