II 

110TH CONGRESS 

2D SESSION S. 3174 

To improve port and intermodal supply chain security. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20 (legislative day, JUNE 19), 2008 

Mr. LAUTENBERG (for himself, Mr. MENENDEZ, Mrs. CLINTON, and Mr. 

SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To improve port and intermodal supply chain security. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE: TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Port Authority of New York/New Jersey Port Security 

6 Task Force Implementation Act of 2008’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Secure systems of international intermodal transportation.

Sec. 3. Regional recovery plans.

Sec. 4. National tactical plans. 

Sec. 5. Risk based resource allocation.

Sec. 6. Use of maritime security risk assessment model. 


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Sec. 7. Maritime and cargo security integrated project teams. 

Sec. 8. Integration of security plans and systems with local port authority and 

law enforcement agencies. 

Sec. 9. Standardized policy for advanced notice of Coast Guard boarding for security or port state control inspections. 

Sec. 10. Fraudulent or tampered with transportation worker identification 

cards. 

Sec. 11. Federal licensing of ship agents. 

Sec. 12. Establishment of a security individual. 

Sec. 13. Certification of maritime security guards. 

Sec. 14. Grants to tier 1 and tier 2 ports require regional strategic risk management assessment. 

Sec. 15. Vessel security plans for supply and similar vessels. 

1 SEC. 2. SECURE SYSTEMS OF INTERNATIONAL INTER2 MODAL TRANSPORTATION. 

3 Section 70116 of title 46, United States Code, is 

4 amended— 

5 (1) by striking ‘‘transportation.’’ in subsection 

6 (a) and inserting ‘‘transportation— 

7 ‘‘(1) to ensure the security and integrity of 

8 shipments of goods to the United States from the 

9 point at which such goods are initially packed or 

10 loaded into a cargo container for international ship11 ment until they reach their ultimate destination; and 

12 ‘‘(2) to facilitate the movement of such goods 

13 through the entire supply chain through an expe14 dited security and clearance program.’’; and 

15 (2) by striking subsection (b) and inserting the 

16 following: 

17 ‘‘(b) PROGRAM ELEMENTS.—Within one year after 

18 the date of enactment of the Port Authority of New York/ 

19 New Jersey Port Security Task Force Implementation Act 


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1 of 2008, the Secretary, acting through the Commissioner 

2 of Customs and Border Protection, shall— 

3 ‘‘(1) establish minimum standards and proce4 dures for verifying, at the point at which goods are 

5 placed in a cargo container for shipping, that the 

6 container is free of unauthorized contents, including 

7 hazardous chemical, biological, radiological, or nu8 clear material and for securely sealing such con9 tainers after the contents are so verified; 

10 ‘‘(2) establish standards and procedures for se11 curing cargo and monitoring that security while in 

12 transit; 

13 ‘‘(3) develop performance standards to enhance 

14 the physical security of shipping containers, includ15 ing performance standards for seals and locks and 

16 protocols and procedures to address anomalies; 

17 ‘‘(4) establish standards and procedures for 

18 screening and evaluating cargo prior to loading in a 

19 foreign port for shipment to the United States either 

20 directly or via a foreign port; 

21 ‘‘(5) establish standards and procedures that 

22 will enable the United States Government to ensure 

23 and validate compliance with those standards and 

24 procedures; and 


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1 ‘‘(6) incorporate any other measures the Sec2 retary considers necessary to ensure the security and 

3 integrity of international intermodal transport move4 ments. 

5 ‘‘(c) REQUIREMENTS FOR ENTRY OF CONTAINERS.— 

6 Beginning 1 year after the date on which the Secretary 

7 determines that the standards and procedures under sub8 section (b)(5) have been established and are in effect, the 

9 Commissioner of Customs and Border Protection shall 

10 refuse entry into the customs territory of the United 

11 States to any container, arriving directly or via a foreign 

12 port, unless the entity shipping the container has complied 

13 with those standards and procedures with respect to that 

14 container.’’. 

15 SEC. 3. REGIONAL RECOVERY PLANS. 

16 (a) ESTABLISHMENT.—Section 70103(b)(2) of title 

17 46, United States Code, is amended— 

18 (1) by redesignating subparagraphs (E) 

19 through (G) as subparagraphs (F) through (H), re20 spectively; and 

21 (2) by inserting after subparagraph (D) the fol22 lowing: 

23 ‘‘(E) establish regional response and recov24 ery protocols to prepare for, respond to, miti25 gate against, and recover from a transportation 


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1 security incident consistent with section 202 of 

2 the Security and Accountability for Every Port 

3 Act of 2006 (6 U.S.C. 942) and section 

4 70103(a) of title 46, United States Code;’’. 

5 (b) COORDINATION OF PLANS.—Section 70103(b)(1) 

6 of title 46, United States Code, is amended— 

7 (1) by striking ‘‘and’’ after the semicolon in 

8 subparagraph (F); 

9 (2) by redesignating subparagraph (G) as sub10 paragraph (H); and 

11 (3) by inserting after subparagraph (F) the fol12 lowing: 

13 ‘‘(G) be consistent with, and support implemen14 tation of, the National Incident Management Sys15 tem, the National Response Plan, the National In16 frastructure Protection Plan, the National Prepared17 ness Guidance, the National Preparedness Goal, the 

18 National Transportation Security Plan, National 

19 Tactical Plans, and other similar initiatives; and’’. 

20 (c) USE OF AREA MARITIME TRANSPORTATION SE21 CURITY PLANS IN EXERCISES.—Section 114(b)(1) of the 

22 SAFE Port Act (6 U.S.C. 912(b)) is amended— 

23 (1) by striking ‘‘and’’ after the semicolon in 

24 paragraph (1); 


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1 (2) by redesignating paragraph (2) as para2 graph (3); and 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) utilizes the Area Maritime Transportation 

6 Security Plans established under section 70103(b) of 

7 title 46, United States Code, in conducting such ex8 ercises; and’’. 

9 SEC. 4. NATIONAL TACTICAL PLANS. 

10 The Secretary of the department in which the Coast 

11 Guard is operating shall ensure that the National Tactical 

12 Plan is shared with the Area Maritime Security Commit13 tees established under section 70112 of title 46, United 

14 States Code. The Area Maritime Security Committees 

15 shall use the plan in developing regional and local plans 

16 and for exercises. 

17 SEC. 5. RISK BASED RESOURCE ALLOCATION. 

18 (a) NATIONAL STANDARD.—Within 1 year after the 

19 date of enactment of this Act, in carrying out chapter 701 

20 of title 46, United States Code, the Homeland Security 

21 Act of 2002, and the Security and Accountability for 

22 Every Port Act of 2006 the Secretary of the department 

23 in which the Coast Guard is operating shall develop and 

24 utilize a national standard and formula for prioritizing 

25 and addressing assessed security risks at United States 


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1 ports, such as the Maritime Assessment Strategy Tool 

2 that has been tested by the Department of Homeland Se3 curity. 

4 (b) USE BY MARITIME SECURITY COMMITTEES.— 

5 Within 2 years after the date of enactment of this Act, 

6 the Secretary shall require each Area Maritime Security 

7 Committee to use this standard to regularly evaluate each 

8 port’s assessed risk and prioritize how to mitigate the 

9 most significant risks. 

10 (c) OTHER USES OF STANDARD.—The Secretary 

11 shall utilize the standard when considering departmental 

12 resource allocations and grant-making decisions. 

13 SEC. 6. USE OF MARITIME SECURITY RISK ASSESSMENT 

14 MODEL. 

15 Within 180 days after the date of enactment of this 

16 Act, the Secretary of the department in which the Coast 

17 Guard is operating shall make the United States Coast 

18 Guard’s Maritime Security Risk Assessment Model tool 

19 available, in an unclassified version, on a limited basis to 

20 regulated vessels and facilities to conduct true risk assess21 ments of their own facilities and vessels using the same 

22 criteria employed by the United States Coast Guard when 

23 evaluating a port area. 


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1 SEC. 7. MARITIME AND CARGO SECURITY INTEGRATED 

2 PROJECT TEAMS. 

3 The Secretary of Homeland Security shall— 

4 (1) establish integrated project teams within 

5 the science and technology directorate to assist the 

6 Department of Homeland Security in product re7 search, development, transition, and acquisition ac8 tivities for cargo security; and 

9 (2) provide for participation by port authorities 

10 or the appropriate State agency responsible for over11 sight of port areas in such activities. 

12 SEC. 8. INTEGRATION OF SECURITY PLANS AND SYSTEMS 

13 WITH LOCAL PORT AUTHORITY AND LAW EN14 FORCEMENT AGENCIES. 

15 Section 70102 of title 46, United States Code, is 

16 amended by adding at the end thereof the following: 

17 ‘‘(c) SHARING OF ASSESSMENT; INTEGRATION OF

18 PLANS AND EQUIPMENT.—The owner or operator of a fa19 cility shall— 

20 ‘‘(1) make a current copy of the vulnerability 

21 assessment conducted under subsection (b) available 

22 to the port authority with jurisdiction of the facility 

23 and appropriate State or local law enforcement 

24 agencies; and 

25 ‘‘(2) integrate, to the maximum feasible extent, 

26 any security system for the facility with compatible 


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1 systems operated or maintained by the port author2 ity or such law enforcement agencies.’’. 

3 SEC. 9. STANDARDIZED POLICY FOR ADVANCED NOTICE OF 

4 COAST GUARD BOARDING FOR SECURITY OR 

5 PORT STATE CONTROL INSPECTIONS. 

6 Within 90 days after the date of enactment of this 

7 Act, the Commandant of the Coast Guard shall establish, 

8 and publish in the Federal Register, a policy governing 

9 how much advance notice is to be provided by the Coast 

10 Guard to the owner or operator of a vessel before the ves11 sel is boarded by the Coast Guard for ISPS compliance 

12 or Port State Control inspection. 

13 SEC. 10. FRAUDULENT OR TAMPERED WITH TRANSPOR14 TATION WORKER IDENTIFICATION CARDS. 

15 Section 70105 of title 46, United States Code, is 

16 amended by adding at the end thereof the following: 

17 ‘‘(n) CONFISCATION OF FRAUDULENT TWICS.—If 

18 any Federal, State, or local government law enforcement 

19 officer, or any member of the United States Coast Guard 

20 in the execution of such officer’s duties, has reasonable 

21 cause to believe that a transportation security card issued 

22 under this section is fraudulent, has been unlawfully modi23 fied, or is otherwise invalid, the officer may confiscate the 

24 card, notify the Department of Homeland Security, and 

25 hold the bearer of the card in custody for a reasonable 


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1 period of time for relinquishment to appropriate law en2 forcement authorities.’’. 

3 SEC. 11. FEDERAL LICENSING OF SHIP AGENTS. 

4 (a) IN GENERAL.—Within 1 year after the date of 

5 enactment of this Act, the Federal Maritime Commission 

6 shall establish and implement a procedure for the training, 

7 certification, and licensing of steamship agents and agen8 cies operating in the United States. 

9 (b) TWIC REQUIRED.—An individual may not re10 ceive a license under the procedure established by the Fed11 eral Maritime Commission under subsection (a) unless 

12 that individual holds a valid transportation security card 

13 issued under section 70105 of title 46, United States 

14 Code. 

15 (c) LICENSE REQUIREMENT.—Beginning 1 year 

16 after the date on which the Federal Maritime Commission 

17 establishes the licensing procedure, or after such date as 

18 the Federal Maritime Commission may establish, it shall 

19 be unlawful for any person to act as a vessel agent in the 

20 United States without a valid license issued by the Federal 

21 Maritime Commission and a valid transportation security 

22 card issued under section 70105 of title 46, United States 

23 Code. 


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1 (d) ENFORCEMENT.—Violation of subsection (c) is 

2 punishable by imprisonment for not more than 1 year and 

3 a fine under title 18, United States Code. 

4 SEC. 12. ESTABLISHMENT OF A SECURITY INDIVIDUAL. 

5 Under regulations prescribed by the Secretary of 

6 Homeland Security, each vessel documented under chapter 

7 121 of title 46, United States Code, and each foreign ves8 sel entering a United States port, engaged in the commer9 cial transportation of goods or passengers shall— 

10 (1) designate a United States person that is re11 sponsible for responding to a transportation security 

12 incident involving the vessel while in a United States 

13 port by notifying appropriate emergency response 

14 entities and facilitating vessel response activities; 

15 and 

16 (2) provide notice to the Secretary of Homeland 

17 Security, the Commandant of the Coast Guard, and 

18 the captain of the port of the identity and contact 

19 information for such person. 

20 SEC. 13. CERTIFICATION OF MARITIME SECURITY GUARDS. 

21 (a) IN GENERAL.—Chapter 701 of title 46, United 

22 States Code, is amended by adding at the end thereof the 

23 following: 


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1 ‘‘§ 70122. Incident command system training 

2 ‘‘The Secretary shall ensure that all maritime secu3 rity guards meet minimum training and performance 

4 standards in the Department of Homeland Security’s se5 curity awareness and response procedures and in the han6 dling of hazardous materials.’’. 

7 (b) CONFORMING AMENDMENT.—The chapter anal8 ysis for chapter 701 of title 46, United States Code, is 

9 amended by inserting after the item relating to section 

10 70121 the following: 

‘‘70122. Incident command system training.’’. 

11 SEC. 14. GRANTS TO TIER 1 AND TIER 2 PORTS REQUIRE 

12 REGIONAL STRATEGIC RISK MANAGEMENT 

13 ASSESSMENT. 

14 Section 70107(a) of title 46, United States Code, is 

15 amended by adding at the end ‘‘The Secretary shall estab16 lish regional strategic risk management priorities for tier 

17 1 and tier 2 ports and take such priorities into account 

18 in awarding grants under this section.’’. 

19 SEC. 15. VESSEL SECURITY PLANS FOR SUPPLY AND SIMI20 LAR VESSELS. 

21 (a) IN GENERAL.—Section 70103(c)(2)(A) of title 

22 46, United States Code, is amended by striking ‘‘inci23 dent;’’ and inserting ‘‘incident (including supply vessels, 

24 bunker and fuel deliver and launch vessels conducting acVerDate Aug 31 2005 03:24 Jun 24, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3174.IS S3174

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1 tivities or providing services to other vessels at anchor2 age;’’. 

3 (b) TWICS REQUIRED FOR CREW.—Section 

4 70105(b)(2)(F) of title 46, United States Code, is amend5 ed by inserting ‘‘personnel working on board vessels de6 scribed in section 70103(c)(2)(A) of this title and’’ after 

7 ‘‘(F)’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect 1 year after the date of enact10 ment of this Act. 

Æ 


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