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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 security of intermodal cargo containers to the Office of Homeland Security in the Executive Office of the President. (7) Operation safe commerce
The term Operation Safe Commerce means the program carried out by the Department of Transportation and the Bureau of Customs and Border Protection to fund business initiatives designed to enhance security for maritime cargo containers moving within the intermodal transportation system.
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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 intermodal cargo containers and to improve information sharing within the industry relating to such security and efficiency.
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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 containers Sec. 482. Validation of security measures under the C–TPAT program Sec. 483. Deployment of radiation detection portal equipment; integrated cargo inspection system Sec. 484. Staffing assessment of seaport security missions Sec. 485.
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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 Transportation Security, shall establish standards and verification procedures for the security of maritime cargo containers moving within the intermodal transportation system, including standards for sealing and procedures for seal verifications for cargo containers at loading.
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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 additional requirements: (1) Seal standards
Maritime cargo containers shall at a minimum be affixed with a security seal equivalent to the level D high security seal (as certified by the International Organization for Standardization (ISO); Certification No. 17712) at loading.
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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 such numbers if a container is opened, and anomalies relating to security seals.
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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 security benefits of existing technology for container tracking from the point of loading to its final destination, such as electronic seals or intrusion detection devices that can detect a physical breach of a container.
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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 information, in addition to cargo manifest information, such as purchase orders, port of origin data, and transshipment data, which would improve the ability of the Bureau of Customs and Border Protection to carry out risk analysis of containers.
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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 ensure that the individual or entity is implementing appropriate security measures under the program. The Commissioner may certify private security companies to carry out the validation process described in the preceding sentence.
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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 requirements. (c) Penalties for Non-Compliance
The Commissioner shall establish penalties for non-compliance with the requirements of the C–TPAT program by individuals and entities participating in the program, including probation or expulsion from the program, as appropriate. 483.
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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 United States seaports, other United States ports of entry, and major facilities as determined by the Secretary. (2) Report
Not later than December 31, 2004, the Commissioner shall submit to the appropriate congressional committees a report on the implementation of the requirement under paragraph (1).
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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 detection portal equipment with gamma-ray inspection technology equipment at United States seaports and foreign seaports that are participating the Container Security Initiative in order to facilitate the detection of nuclear weapons in maritime cargo containers.
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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 the seaports involved; (B) an estimate of the costs associated with implementation of the plan; and (C) an estimate of the timeframe for implementation of the plan. 484.
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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 in the Container Security Initiative (CSI) to support increased inspections of low risk cargo, deployment of personnel at foreign seaports for a period of at least one year, and the manning of radiation portal monitors installed at such seaports.
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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 congressional committees a report that contains the results of the study conducted under subsection (a). 485.
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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 cargo inspection data at foreign seaports participating in the Container Security Initiative (CSI) for the prior year. The initial report shall include the plan for the ‘strategic port’ phase of the CSI. 486.
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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 Infrastructure of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Governmental Affairs of the Senate.
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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 security criteria to identify high-risk maritime cargo containers bound for the United States based on advance information; (B) identify and pre-screen such maritime cargo containers for chemical, biological, or nuclear weapons through examination or inspection; and (C) develop secure or smart maritime cargo containers.
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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 into partnerships with the Bureau to establish and carry out a validation process to ensure that participants are implementing appropriate security measures to protect the system from being compromised by individual terrorists and terrorist organizations.
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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 security of intermodal cargo containers to the Office of Homeland Security in the Executive Office of the President. (7) Operation safe commerce
The term Operation Safe Commerce means the program carried out by the Department of Transportation and the Bureau of Customs and Border Protection to fund business initiatives designed to enhance security for maritime cargo containers moving within the intermodal transportation system.
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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 intermodal cargo containers and to improve information sharing within the industry relating to such security and efficiency. 135.
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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 for each subsequent fiscal year.. 136.
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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 colloaborative maritime information sharing and analysis capability.
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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 should pay at least half of the operating costs of such capability incurred in fiscal year 2008 and thereafter. 137.
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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 Transportation and the Committee on Appropriations of the Senate. 141.
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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 associated with the Integrated Deepwater System in accordance with the report required by section 888 of the Homeland Security Act of 2002 (116 Stat. 2250). 142.
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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 Congress that the Coast Guard should consider including in its naming protocols for new vessels constructed under the Deepwater Program the names of cities of the United States, in recognition of their support and friendly relationship to the Coast Guard and the challenge to cities in the United States from terrorism.
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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 account the following: passenger demand for air travel, number of airports and screening checkpoints, number of screeners required to operate each checkpoint, risk assessments, acceptable average peak wait times, and use of currently existing and near-term technologies (including inline explosive detection systems for baggage screening).
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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 recommendations on appropriate ratio of supervisors, lead screeners, and screeners. The Secretary shall include in the report a description of the assumptions used for determining acceptable passenger wait times at screening checkpoints and how different lengths of expected wait times would influence the analysis.
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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 security screening
(a) In general
Subchapter I of chapter 449 of title 49 United States Code, is amended by adding at the end the following: 44925.
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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 Administration) shall establish a program to enter into multi-year contracts of not more than 10 years with airport operators or other non-Federal entities to provide electronic explosive detection system images of checked baggage for screening purposes.
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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 acquire such images through the operation of stand alone explosive detection systems at that airport. (c) Ending contract
A contract made under this section shall be contingent on the availability of annual appropriations and shall be ended if amounts are not made available to continue the contract in subsequent fiscal years.
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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 the manner in which the electronic explosive detection system images may be acquired and any other operational requirements the Assistant Secretary deems necessary; (3) may specify ownership rights of the electronic explosive detection system images; and (4) may be made with multiple parties.
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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 needs of the airport and its users.
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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 section; and (2) have not met the requirement of section 44901(d) of title 49, United States Code, to screen all checked baggage with explosive detection systems.
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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 to section 44924 the following: 44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items. 44925.
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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 Administration) shall establish a program to enter into multi-year contracts of not more than 10 years with airport operators or other non-Federal entities to provide electronic explosive detection system images of checked baggage for screening purposes.
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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 acquire such images through the operation of stand alone explosive detection systems at that airport. (c) Ending contract
A contract made under this section shall be contingent on the availability of annual appropriations and shall be ended if amounts are not made available to continue the contract in subsequent fiscal years.
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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 the manner in which the electronic explosive detection system images may be acquired and any other operational requirements the Assistant Secretary deems necessary; (3) may specify ownership rights of the electronic explosive detection system images; and (4) may be made with multiple parties.
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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 needs of the airport and its users.
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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 section; and (2) have not met the requirement of section 44901(d) of title 49, United States Code, to screen all checked baggage with explosive detection systems.
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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 years and inserting in fiscal year 2004 and at least $500,000,000 in each of fiscal years 2005 through 2007.
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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 methods for ensuring that checked baggage on passenger aircraft do not contain dangerous materials shall be one or more of the use explosive detection technology, manual search, and search by canine explosive units.
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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 following the phase-out period where necessary in case of an emergency or other extenuating circumstance as determined by the Secretary. (c) Limitation on statutory construction
Nothing in this section shall be construed to prevent the Transportation Security Administration from using the bag-match program as a supplemental means of securing checked baggage. 155.
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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, chemical, biological, or radiological materials on or in passengers, carry-on or checked baggage, or air cargo; improving resolution and readability of explosive detection systems; integrating the threat imaging projection system into checked baggage detection systems; site access security for airport facilities; and such other technologies as the Secretary deems appropriate); (2) for those technologies where possible,
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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 deploying security technologies to airports in a manner that maximizes the number of technologies that Federal and airport security personnel can effectively operate. 156. Inspection of cargo carried aboard passenger aircraft
Subtitle A of title IV of the Homeland Security Act of 2002 ( 6 U.S.C.
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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 aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation (as such terms are defined in section 40102 of title 49, United States Code).
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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 section, the Secretary shall transmit to the Congress a report describing the system under subsection (a). (c) Authorization of Appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.. 404.
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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 transportation or intrastate air transportation (as such terms are defined in section 40102 of title 49, United States Code).
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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 section, the Secretary shall transmit to the Congress a report describing the system under subsection (a). (c) Authorization of Appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section. 157.
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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 database containing the names and other relevant information of all known shipping companies. In making such database available to nongovernmental entities, the Secretary shall ensure that sensitive security information and company proprietary information is adequately protected. (b) Report
Not later than the 30th day following the date of the completion of the database under subsection (a),
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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 those companies, the number of companies that have applied to the Secretary for known shipping company status and been denied, and the number of known shipping companies that have been removed from the database as a result of findings by the Administration that such companies have failed to comply with appropriate security regulations. 158.
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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 a discreet and wireless method of communicating with pilots that meet such standards as the Secretary may establish by regulation. Such a system must be accessible by any Federal air marshal on a flight of an air carrier and appropriate Government security officials and personnel of the air carrier.
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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 Secretary of Homeland Security shall— (A) develop and implement a National Strategy for Transportation Security; and (B) revise such strategy whenever necessary to improve or to maintain the currency of the strategy or whenever the Secretary otherwise considers it appropriate to do so.
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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, including aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, urban mass transit, and other public transportation infrastructure assets that could be at risk of such an attack or disruption. (2) The development of the risk-based priorities, and realistic deadlines, for addressing security needs associated with those assets.
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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 Army National Guard and Air National Guard), local governments, and public utilities, and establishes mechanisms for encouraging private sector cooperation and participation in the implementation of such plan. (5) A comprehensive delineation of response and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States.
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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 strategy. (c) Submissions to Congress
(1) The National Strategy
(A) Initial strategy
The Secretary of Homeland Security shall submit the National Strategy for Transportation Security developed under this section to Congress not later than April 1, 2005.
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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 with the submission of the budget to Congress under section 1105(a) of title 31, United States Code, the Secretary of Homeland Security shall submit to Congress an assessment of the progress made on implementing the National Strategy for Transportation Security.
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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 that the Secretary, in consultation with the Secretary of Transportation, considers appropriate. (3) Classified material
Any part of the National Strategy for Transportation Security that involves information that is properly classified under criteria established by Executive order shall be submitted to Congress separately in classified form.
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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 National Maritime Transportation Security Plan under section 70103 of title 46, United States Code; (B) the report of the Secretary of Transportation under section 44938 of title 49, United States Code; and (C) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.
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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 procedure under which the Transportation Security Administration compares information about passengers who are to be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation for flights and flight segments originating in the United States with a comprehensive,
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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 segments or to subject them to specific additional security scrutiny, through the use of no fly and automatic selectee lists or other means. (b) Air carrier cooperation
The Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall by order require air carriers to provide the passenger information necessary to implement the procedure required by subsection (a).
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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 updating of data maintained, or to be maintained, in the watchlist database described in subsection (a)(1) that are designed to ensure the accuracy and integrity of the database.
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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 relevant information that is dispositive in the passenger screening process. The Secretary shall also establish a process to provide individuals whose names are confused with, or similar to, names in the database with a means of demonstrating that they are not a person named in the database. 161.
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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, including property and personnel, can be coordinated in an emergency situation more efficiently than the population in general. (2) Private sector organizations are often unprepared for emergencies, whether resulting from a natural disaster or a terrorist incident.
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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 and evacuation planning, training, and exercises by private sector organizations may have contributed to additional casualties at the World Trade Center on September 11, 2001.
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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 to promote emergency preparedness by private sector organizations, in addition to educational activities to effectively communicate such standards and best practices. 163. Private sector emergency preparedness program
(a) Establishment of preparedness program
Title V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 et seq. )
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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, including emergencies resulting from acts of terrorism. (b) Program elements
In carrying out the program, the Secretary shall develop guidance and identify best practices to assist or foster action by the private sector in (1) identifying hazards and assessing risks and impacts; (2) mitigating the impacts of a wide variety of hazards,
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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 warning systems; (7) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures; (8) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and (9) developing procedures to respond to external requests for information from the media and the public.
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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 practicable. Such standards include the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business Continuity Programs.
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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 Private Sector.
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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) any existing private sector emergency preparedness guidance or best practices developed by private sector industry associations or other organizations.. (b) Conforming amendment
The table of contents contained in section 1(b) of such Act (116 Stat. 2135) is amended by inserting after the item relating to section 509 the following: Sec. 510.
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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, including emergencies resulting from acts of terrorism. (b) Program elements
In carrying out the program, the Secretary shall develop guidance and identify best practices to assist or foster action by the private sector in (1) identifying hazards and assessing risks and impacts; (2) mitigating the impacts of a wide variety of hazards, including weapons of mass destruction;
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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 conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures; (8) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and (9) developing procedures to respond to external requests for information from the media and the public.
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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 practicable. Such standards include the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business Continuity Programs.
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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 Private Sector.
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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) any existing private sector emergency preparedness guidance or best practices developed by private sector industry associations or other organizations. 165. Information sharing
(a) Definitions
In this section: (1) Executive council
The term Executive Council means the Executive Council on Information Sharing established under subsection (h).
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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, means of finance or material support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism; (B) threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations;
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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 National Commission on Terrorist Attacks upon the United States, Congress makes the following findings: (1) The effective use of information, from all available sources, is essential to the fight against terror and the protection of our homeland.
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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 customs or immigration information. However, the United States Government has a weak system for processing and using the information it has.
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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 nurture over-classification and excessive compartmentalization of information among agencies. Each agency"s incentive structure opposes sharing, with risks, including criminal, civil, and administrative sanctions, but few rewards for sharing information.
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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 of inadvertent disclosure outweighs the benefits of wider sharing. Such assumptions are no longer appropriate. Although counterintelligence concerns are still real, the costs of not sharing information are also substantial.
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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 Homeland Analysis and Resource Exchange (SHARE) Network proposed by a task force of leading professionals assembled by the Markle Foundation and described in reports issued in October 2002 and December 2003. (7) No single agency can create a meaningful information sharing system on its own.
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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 intelligence and homeland security information in a manner consistent with national security and the protection of privacy and civil liberties, and based on clearly defined and consistently applied policies and procedures, and valid investigative, analytical or operational requirements. (2) Attributes
The Network shall promote coordination, communication and collaboration of people and information among all relevant Federal departments and agencies,
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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 to share information among agencies, between levels of government, and, as appropriate, with the private sector; (B) the sharing of information in a form and manner that facilitates its use in analysis, investigations and operations; (C) building upon existing systems capabilities currently in use across the Government; (D) utilizing industry best practices,
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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 policy guidelines and technologies that support writing information that can be broadly shared; (G) providing directory services for locating people and information; (H) incorporating protections for individuals’ privacy and civil liberties; (I) incorporating strong mechanisms for information security and privacy and civil liberties guideline enforcement in order to enhance accountability and facilitate oversight,
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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) compliance with requirements of applicable law and guidance with regard to the planning, design, acquisition, operation, and management of information systems; and (K) permitting continuous system upgrades to benefit from advances in technology while preserving the integrity of stored data.
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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 creation of the Network described in subsection (c), and the way in which these issues will be addressed; (2) establish electronic directory services to assist in locating in the Federal Government intelligence and homeland security information and people with relevant knowledge about intelligence and homeland security information;
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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 included in the Network. (e) Guidelines and requirements
As soon as possible, but in no event later than 180 days after the date of the enactment of this Act, the President shall— (1) in consultation with the Executive Council, issue guidelines— (A) for acquiring, accessing, sharing, and using information,
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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 controls; (2) in consultation with the Privacy and Civil Liberties Oversight Board established under section 226, that— (A) protect privacy and civil liberties in the development and use of the Network; and (B) shall be made public, unless, and only to the extent that, nondisclosure is clearly necessary to protect national security;
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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 sharing, such as the incorporation of information sharing performance measures into agency and managerial evaluations, and employee awards for promoting innovative information sharing practices.
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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 plan shall be prepared by the Director of Management and Budget, in consultation with the Executive Council, and shall include— (1) a description of the parameters of the proposed Network, including functions, capabilities, and resources; (2) a delineation of the roles of the Federal departments and agencies that will participate in the development of the Network,
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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 this Act to set standards for information sharing and information technology throughout the intelligence community; and (B) the authority of the Secretary of Homeland Security and the role of the Department of Homeland Security in coordinating with State, tribal, and local officials and the private sector;
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