Sec. 9003. Review and analysis of inland waters seaport security
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/bill/116/hr/6395/enr/section-9003·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Homeland Security shall conduct a review of all Great Lakes and selected inland waters seaports that receive international cargo— to determine, for each such seaport— the current screening capability, including the types and numbers of screening equipment and whether such equipment is physically located at a seaport or assigned and available in the area and made available to use; the number of U.S. Customs and Border Protection personnel assigned from a Field Operations office, broken out by role; the expenditures for procurement and overtime incurred by U.S.
Customs and Border Protection during the most recent fiscal year; the types of cargo received, such as containerized, break-bulk, and bulk; the legal entity that owns the seaport; a description of the use of space at the seaport by U.S. Customs and Border Protection, including— whether U.S. Customs and Border Protection or the General Services Administration owns or leases any facilities at the seaport; and if U.S. Customs and Border Protection is provided space at the seaport, a description of such space, including the number of workstations; and the current cost-sharing arrangement for screening technology or reimbursable services; to identify, for each Field Operations office— any ports of entry that are staffed remotely from service ports; the distance of each such service port from the corresponding ports of entry; and the number of officers and the types of equipment U.S.
Customs and Border Protection uses to screen cargo entering or exiting through such ports; and that includes a threat assessment of incoming containerized and noncontainerized cargo at Great Lakes seaports and selected inland waters seaports. In selecting seaports on inland waters to include in the review under paragraph (1), the Secretary of Homeland Security shall ensure that the inland waters seaports are— equal in number to the Great Lakes seaports included in the review; comparable to Great Lakes seaports included in the review, as measured by number of imported shipments arriving at the seaport each year; and covered by at least the same number of Field Operations offices as the Great Lakes seaports included in the review, but are not covered by the same Field Operations offices as such Great Lakes seaports.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report containing— the results of the review conducted pursuant to paragraph (1); and an explanation of the methodology used for such review regarding the screening practices for foreign cargo arriving at seaports on the Great Lakes and inland waters. The report required under subparagraph
(A)shall be submitted in unclassified form, to the maximum extent possible, but may include a classified annex, if necessary. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees an inland waters threat analysis containing an identification and description of— current and potential terrorism and criminal threats posed by individuals and groups seeking— to enter the United States through inland waters; or to exploit security vulnerabilities on inland waters; security challenges at inland waters ports of the United States regarding— terrorism and instruments of terror entering the United States; or criminal activity, as measured by the total flow of illegal goods and illicit drugs, related to the inland waters; security mitigation efforts with respect to the inland waters— to prevent terrorists and instruments of terror from entering the United States; or to reduce criminal activity related to the inland waters; vulnerabilities related to cooperation between State, local, tribal, and territorial law enforcement, or international agreements, that hinder effective security, counterterrorism, anti-trafficking efforts, and the flow of legitimate trade with respect to inland waters; and metrics and performance measures used by the Secretary of Homeland Security to evaluate inland waters security, as appropriate. In preparing the threat analysis required under paragraph (1), the Secretary of Homeland Security shall consider and examine— technology needs and challenges; personnel needs and challenges; the roles of State, local, tribal, and territorial law enforcement, private sector partners, and the public, relating to inland waters security; the need for cooperation among Federal, State, local, tribal, territorial, and international partner law enforcement, private sector partners, and the public, relating to inland waters security; and the challenges posed by geography with respect to inland waters security. The Secretary of Homeland Security shall submit the threat analysis required under paragraph
(1)in unclassified form, to the maximum extent possible, but may include a classified annex, if necessary. In this section, the term appropriate congressional committees means— the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives; and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate.