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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3174 Introduced in Senate (IS)]

  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.

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

SECTION 1. SHORT TITLE: TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Port Authority of 
New York/New Jersey Port Security Task Force Implementation Act of 
2008''.
    (b) Table of Contents.--The table of contents for 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.
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.

SEC. 2. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.

    Section 70116 of title 46, United States Code, is amended--
            (1) by striking ``transportation.'' in subsection (a) and 
        inserting ``transportation--
            ``(1) to ensure the security and integrity of shipments of 
        goods to the United States from the point at which such goods 
        are initially packed or loaded into a cargo container for 
        international shipment until they reach their ultimate 
        destination; and
            ``(2) to facilitate the movement of such goods through the 
        entire supply chain through an expedited security and clearance 
        program.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Program Elements.--Within one year after the date of 
enactment of the Port Authority of New York/New Jersey Port Security 
Task Force Implementation Act of 2008, the Secretary, acting through 
the Commissioner of Customs and Border Protection, shall--
            ``(1) establish minimum standards and procedures for 
        verifying, at the point at which goods are placed in a cargo 
        container for shipping, that the container is free of 
        unauthorized contents, including hazardous chemical, 
        biological, radiological, or nuclear material and for securely 
        sealing such containers after the contents are so verified;
            ``(2) establish standards and procedures for securing cargo 
        and monitoring that security while in transit;
            ``(3) develop performance standards to enhance the physical 
        security of shipping containers, including performance 
        standards for seals and locks and protocols and procedures to 
        address anomalies;
            ``(4) establish standards and procedures for screening and 
        evaluating cargo prior to loading in a foreign port for 
        shipment to the United States either directly or via a foreign 
        port;
            ``(5) establish standards and procedures that will enable 
        the United States Government to ensure and validate compliance 
        with those standards and procedures; and
            ``(6) incorporate any other measures the Secretary 
        considers necessary to ensure the security and integrity of 
        international intermodal transport movements.
    ``(c) Requirements for Entry of Containers.--Beginning 1 year after 
the date on which the Secretary determines that the standards and 
procedures under subsection (b)(5) have been established and are in 
effect, the Commissioner of Customs and Border Protection shall refuse 
entry into the customs territory of the United States to any container, 
arriving directly or via a foreign port, unless the entity shipping the 
container has complied with those standards and procedures with respect 
to that container.''.

SEC. 3. REGIONAL RECOVERY PLANS.

    (a) Establishment.--Section 70103(b)(2) of title 46, United States 
Code, is amended--
            (1) by redesignating subparagraphs (E) through (G) as 
        subparagraphs (F) through (H), respectively; and
            (2) by inserting after subparagraph (D) the following:
                    ``(E) establish regional response and recovery 
                protocols to prepare for, respond to, mitigate against, 
                and recover from a transportation security incident 
                consistent with section 202 of the Security and 
                Accountability for Every Port Act of 2006 (6 U.S.C. 
                942) and section 70103(a) of title 46, United States 
                Code;''.
    (b) Coordination of Plans.--Section 70103(b)(1) of title 46, United 
States Code, is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (F);
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following:
            ``(G) be consistent with, and support implementation of, 
        the National Incident Management System, the National Response 
        Plan, the National Infrastructure Protection Plan, the National 
        Preparedness Guidance, the National Preparedness Goal, the 
        National Transportation Security Plan, National Tactical Plans, 
        and other similar initiatives; and''.
    (c) Use of Area Maritime Transportation Security Plans in 
Exercises.--Section 114(b)(1) of the SAFE Port Act (6 U.S.C. 912(b)) is 
amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (1);
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) utilizes the Area Maritime Transportation Security 
        Plans established under section 70103(b) of title 46, United 
        States Code, in conducting such exercises; and''.

SEC. 4. NATIONAL TACTICAL PLANS.

    The Secretary of the department in which the Coast Guard is 
operating shall ensure that the National Tactical Plan is shared with 
the Area Maritime Security Committees established under section 70112 
of title 46, United States Code. The Area Maritime Security Committees 
shall use the plan in developing regional and local plans and for 
exercises.

SEC. 5. RISK BASED RESOURCE ALLOCATION.

    (a) National Standard.--Within 1 year after the date of enactment 
of this Act, in carrying out chapter 701 of title 46, United States 
Code, the Homeland Security Act of 2002, and the Security and 
Accountability for Every Port Act of 2006 the Secretary of the 
department in which the Coast Guard is operating shall develop and 
utilize a national standard and formula for prioritizing and addressing 
assessed security risks at United States ports, such as the Maritime 
Assessment Strategy Tool that has been tested by the Department of 
Homeland Security.
    (b) Use by Maritime Security Committees.--Within 2 years after the 
date of enactment of this Act, the Secretary shall require each Area 
Maritime Security Committee to use this standard to regularly evaluate 
each port's assessed risk and prioritize how to mitigate the most 
significant risks.
    (c) Other Uses of Standard.--The Secretary shall utilize the 
standard when considering departmental resource allocations and grant-
making decisions.

SEC. 6. USE OF MARITIME SECURITY RISK ASSESSMENT MODEL.

    Within 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
make the United States Coast Guard's Maritime Security Risk Assessment 
Model tool available, in an unclassified version, on a limited basis to 
regulated vessels and facilities to conduct true risk assessments of 
their own facilities and vessels using the same criteria employed by 
the United States Coast Guard when evaluating a port area.

SEC. 7. MARITIME AND CARGO SECURITY INTEGRATED PROJECT TEAMS.

    The Secretary of Homeland Security shall--
            (1) establish integrated project teams within the science 
        and technology directorate to assist the Department of Homeland 
        Security in product research, development, transition, and 
        acquisition activities for cargo security; and
            (2) provide for participation by port authorities or the 
        appropriate State agency responsible for oversight of port 
        areas in such activities.

SEC. 8. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH LOCAL PORT 
              AUTHORITY AND LAW ENFORCEMENT AGENCIES.

    Section 70102 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(c) Sharing of Assessment; Integration of Plans and Equipment.--
The owner or operator of a facility shall--
            ``(1) make a current copy of the vulnerability assessment 
        conducted under subsection (b) available to the port authority 
        with jurisdiction of the facility and appropriate State or 
        local law enforcement agencies; and
            ``(2) integrate, to the maximum feasible extent, any 
        security system for the facility with compatible systems 
        operated or maintained by the port authority or such law 
        enforcement agencies.''.

SEC. 9. STANDARDIZED POLICY FOR ADVANCED NOTICE OF COAST GUARD BOARDING 
              FOR SECURITY OR PORT STATE CONTROL INSPECTIONS.

    Within 90 days after the date of enactment of this Act, the 
Commandant of the Coast Guard shall establish, and publish in the 
Federal Register, a policy governing how much advance notice is to be 
provided by the Coast Guard to the owner or operator of a vessel before 
the vessel is boarded by the Coast Guard for ISPS compliance or Port 
State Control inspection.

SEC. 10. FRAUDULENT OR TAMPERED WITH TRANSPORTATION WORKER 
              IDENTIFICATION CARDS.

    Section 70105 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(n) Confiscation of Fraudulent TWICs.--If any Federal, State, or 
local government law enforcement officer, or any member of the United 
States Coast Guard in the execution of such officer's duties, has 
reasonable cause to believe that a transportation security card issued 
under this section is fraudulent, has been unlawfully modified, or is 
otherwise invalid, the officer may confiscate the card, notify the 
Department of Homeland Security, and hold the bearer of the card in 
custody for a reasonable period of time for relinquishment to 
appropriate law enforcement authorities.''.

SEC. 11. FEDERAL LICENSING OF SHIP AGENTS.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Federal Maritime Commission shall establish and implement a 
procedure for the training, certification, and licensing of steamship 
agents and agencies operating in the United States.
    (b) TWIC Required.--An individual may not receive a license under 
the procedure established by the Federal Maritime Commission under 
subsection (a) unless that individual holds a valid transportation 
security card issued under section 70105 of title 46, United States 
Code.
    (c) License Requirement.--Beginning 1 year after the date on which 
the Federal Maritime Commission establishes the licensing procedure, or 
after such date as the Federal Maritime Commission may establish, it 
shall be unlawful for any person to act as a vessel agent in the United 
States without a valid license issued by the Federal Maritime 
Commission and a valid transportation security card issued under 
section 70105 of title 46, United States Code.
    (d) Enforcement.--Violation of subsection (c) is punishable by 
imprisonment for not more than 1 year and a fine under title 18, United 
States Code.

SEC. 12. ESTABLISHMENT OF A SECURITY INDIVIDUAL.

    Under regulations prescribed by the Secretary of Homeland Security, 
each vessel documented under chapter 121 of title 46, United States 
Code, and each foreign vessel entering a United States port, engaged in 
the commercial transportation of goods or passengers shall--
            (1) designate a United States person that is responsible 
        for responding to a transportation security incident involving 
        the vessel while in a United States port by notifying 
        appropriate emergency response entities and facilitating vessel 
        response activities; and
            (2) provide notice to the Secretary of Homeland Security, 
        the Commandant of the Coast Guard, and the captain of the port 
        of the identity and contact information for such person.

SEC. 13. CERTIFICATION OF MARITIME SECURITY GUARDS.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 70122. Incident command system training
    ``The Secretary shall ensure that all maritime security guards meet 
minimum training and performance standards in the Department of 
Homeland Security's security awareness and response procedures and in 
the handling of hazardous materials.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 701 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 70121 the following:

``70122. Incident command system training.''.

SEC. 14. GRANTS TO TIER 1 AND TIER 2 PORTS REQUIRE REGIONAL STRATEGIC 
              RISK MANAGEMENT ASSESSMENT.

    Section 70107(a) of title 46, United States Code, is amended by 
adding at the end ``The Secretary shall establish regional strategic 
risk management priorities for tier 1 and tier 2 ports and take such 
priorities into account in awarding grants under this section.''.

SEC. 15. VESSEL SECURITY PLANS FOR SUPPLY AND SIMILAR VESSELS.

    (a) In General.--Section 70103(c)(2)(A) of title 46, United States 
Code, is amended by striking ``incident;'' and inserting ``incident 
(including supply vessels, bunker and fuel deliver and launch vessels 
conducting activities or providing services to other vessels at 
anchorage;''.
    (b) TWICs Required for Crew.--Section 70105(b)(2)(F) of title 46, 
United States Code, is amended by inserting ``personnel working on 
board vessels described in section 70103(c)(2)(A) of this title and'' 
after ``(F)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.
                                 <all>
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