TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Embassy Construction and 
Counterterrorism Act of 1999''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On August 17, 1998, two United States embassies in 
        Nairobi, Kenya, and in Dar Es Salaam, Tanzania, were destroyed 
        by simultaneously exploding bombs. The resulting explosions 
        killed 220 persons and injured more than 4,000 others. Twelve 
        Americans and 40 Kenyan and Tanzanian employees of the United 
        States Foreign Service were killed in the attack.
            (2) The United States personnel in both Dar Es Salaam and 
        Nairobi showed leadership and personal courage in their 
        response to the attacks. Despite the havoc wrecked upon the 
        embassies, staff in both embassies provided rapid response in 
        locating and rescuing victims, providing emergency assistance, 
        and quickly restoring embassy operations during a crisis.
            (3) The bombs are believed to have been set by individuals 
        associated with Osama bin Laden, leader of a known 
        transnational terrorist organization. In February of 1998 Bin 
        Laden issued a directive to his followers that called for 
        attacks against American interests anywhere in the world.
            (4) Following the bombings, additional threats have been 
        made against United States diplomatic facilities.
            (5) A review board was convened following the bombings, as 
        required by Public Law 99-399. The panel was chaired by Admiral 
        William J. Crowe, United States Navy (Ret).
            (6) The conclusions of the Crowe panel are strikingly 
        similar to those stated by the Inman Commission, which issued 
        an extensive embassy security report more than 14 years ago.
            (7) Admiral Crowe's panel issued a report setting out the 
        following two striking problems:
                    (A) The United States has devoted inadequate 
                resources towards security against terrorist attacks.
                    (B) The United States Government places too low a 
                priority on security concerns. The result has been a 
                failure to take adequate steps to prevent tragedies 
                such as the bombings in Kenya and Tanzania.
            (8) The Crowe panel found that there was an institutional 
        failure on the part of the Department of State and embassies 
        under its direction, to recognize threats posed by 
        transnational terrorism and vehicular bombs.
            (9) Responsibility for obtaining adequate resources for 
        security programs is widely shared throughout the United States 
        Government, including Congress. Unless the vulnerabilities 
        identified in the Crowe report are addressed in a sustained and 
        financially realistic manner, the lives and safety of United 
        States employees in diplomatic facilities will continue to be 
        at risk from further terrorist attacks.
            (10) Although service in the Foreign Service or other 
        Government positions in foreign countries can never be 
        completely without risk, the United States must ensure that the 
        risks are kept to a minimum.

SEC. 3. UNITED STATES DIPLOMATIC FACILITY DEFINED.

    In this Act, the term ``United States diplomatic facility'' means 
any embassy, chancery, legation, consulate or other office building or 
structure used by a United States diplomatic mission or consular post 
or by any agency of the United States.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authority.--The Secretary of State may use funds available 
under the account established in subsection (b) for the purposes of 
constructing, or providing security upgrades to, United States 
diplomatic facilities in order to meet the security requirements set 
forth in section 6.
    (b) Establishment of Account.--There is established in the general 
fund of the Treasury of the United States an appropriations account for 
the Department of State which shall be known as the ``Embassy 
Construction and Security'' account.
    (c) Certification.--Prior to obligation of any amount from the 
Embassy Construction and Security account, the Secretary of State shall 
certify to Congress, in classified form, that construction or upgrading 
of the United States diplomatic facility is necessary to bring the 
United States into compliance with all applicable security 
requirements, including those requirements set forth in section 6.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of State under ``Embassy Construction and 
        Security''--
                    (A) for fiscal year 2000, $600,000,000;
                    (B) for fiscal year 2001, $600,000,000;
                    (C) for fiscal year 2002, $600,000,000;
                    (D) for fiscal year 2003, $600,000,000; and
                    (E) for fiscal year 2004, $600,000,000.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 5. OBLIGATION OF FUNDS.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of State shall submit a classified report to 
Congress containing an identification of those United States diplomatic 
facilities that are most vulnerable to terrorist attack and setting 
out, in tiers of 20, those facilities from the most to the least 
vulnerable to such an attack.
    (b) Priority of Rebuilding Efforts.--Funds in the Embassy 
Construction and Security account allocated for construction of new 
embassies shall be used to rebuild only those embassies in the top 
three tiers, as designated by the Secretary of State.
    (c) Advanced Congressional Notifications.--Prior to obligation of 
funds in the Embassy Construction and Security account, or the 
reprogramming of funds out of that account, the Secretary of State 
shall notify the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of Representatives in 
accordance with section 34(a) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2706(a)), of the Secretary's intent to obligate 
or reprogram the funds, as the case may be.

SEC. 6. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES.

    (a) Description of Requirements.--The following security 
requirements shall apply with respect to United States diplomatic 
facilities:
            (1) Threat assessments.--
                    (A) The Emergency Action Plan (EAP) of each United 
                States mission shall address threats from large 
                vehicular bombs and transnational terrorism.
                    (B) The ``Composite Threat List'' shall contain a 
                section that addresses acts of international terrorism 
                against United States diplomatic facilities based on 
                criteria for identifying threats that emphasize the 
                threat of transnational terrorism and includes such 
                other criteria as the physical security environment, 
                host government support, and cultural realities.
            (2) Site selection.--
                    (A) In selecting sites for new United States 
                diplomatic facilities abroad, all United States 
                Government agencies (except military installations) 
                shall be located on the same compound.
                    (B) The Secretary of State and the relevant agency 
                head may waive subparagraph (A) if the Secretary and 
                the agency head jointly certify to Congress that 
                security requirements so permit.
                    (C) Any waiver under this paragraph shall be 
                exercised only in accordance with the procedures 
                applicable to reprogramming notifications under section 
                34 of the State Department Basic Authorities Act of 
                1956 (22 U.S.C. 2706).
            (3) Perimeter distance.--Each newly constructed or acquired 
        United States diplomatic facility shall be sited not less than 
        100 feet from the perimeter of the property on which the 
        facility is situated.
            (4) Crisis management training.--
                    (A) The appropriate personnel of the Department of 
                State shall undertake crisis management training for 
                mass casualty and mass destruction incidents relating 
                to diplomatic facilities which are designed to bring 
                about a rapid response to such incidents from 
                Department of State headquarters in Washington, D.C.
                    (B) A program of appropriate instruction in crisis 
                management shall be provided to personnel at United 
                States diplomatic facilities abroad.
            (5) Foreign emergency support team.--The Foreign Emergency 
        Support Team (FEST) of the Department of State shall receive 
        sufficient support from the Department, including--
                    (A) conducting routine training exercises through 
                the FEST;
                    (B) providing personnel identified to serve on the 
                FEST as a collateral duty;
                    (C) providing personnel to assist in medical 
                relief, public affairs, engineering, and building 
                safety; and
                    (D) providing such additional support as may be 
                necessary to enable the FEST to provide support in a 
                post-crisis environment involving mass casualties and 
                physical damage.
            (6) Rapid response procedures.--The Secretary of State 
        shall enter into a memorandum of understanding with the 
        Secretary of Defense setting out rapid response procedures for 
        mobilization of personnel and equipment of their respective 
        departments to provide more effective assistance in times of 
        emergency with respect to United States diplomatic facilities.
            (7) Storage of emergency equipment and records.--All United 
        States diplomatic missions shall have emergency equipment and 
        records stored at a secure off-site facility.
    (b) Review and Revision by the Secretary of State.--The Secretary 
of State shall review and revise security requirements in effect for 
United States diplomatic facilities as of the date of enactment of this 
Act to ensure their compliance with the security requirements described 
in subsection (a).

SEC. 7. CLOSURE OF VULNERABLE POSTS.

    (a) Review.--The Secretary of State shall review the findings of 
the Overseas Presence Advisory Panel.
    (b) Report.--
            (1) In general.--Not later than January 1, 2000, the 
        Secretary of State shall submit a report to Congress in 
        classified form setting forth the results of the review 
        conducted under subsection (a).
            (2) Elements of the report.--The report shall--
                    (A) specify whether any United States diplomatic 
                facility should be closed because--
                            (i) the facility is high vulnerability and 
                        subject to threat of terrorist attack; and
                            (ii) adequate security enhancements cannot 
                        be provided to the facility; and
                    (B) identify plans to provide secure premises for 
                permanent use by the United States diplomatic mission, 
                whether in country or in a regional United States 
                diplomatic facility, or for temporary occupancy pending 
                construction of new buildings.

SEC. 8. CURRENT AND PROJECTED ROLE AND FUNCTION OF EACH UNITED STATES 
              DIPLOMATIC FACILITY.

    Not later than January 1, 2000, the Secretary of State shall submit 
a report to Congress, in classified and unclassified form, on the role 
and function of each United States diplomatic facility through 2010. 
The report shall describe--
            (1) the potential for reduction or transfer of personnel 
        and equipment if technology is adequately exploited for maximum 
        efficiencies;
            (2) the balance between the cost of maintaining a secure 
        United States diplomatic facility and the benefit of a United 
        States presence;
            (3) the potential for relying on regional United States 
        diplomatic facilities in certain parts of the world; and
            (4) necessary upgrades, in order of importance, for such 
        facilities.

SEC. 9. OVERSEAS SERVICE STAR.

    The State Department Basic Authorities Act of 1956 is amended by 
inserting after section 36 (22 U.S.C. 2708) the following new section:

``SEC. 36A. THE OVERSEAS SERVICE STAR.

    ``(a) Authority.--The President, upon the recommendation of the 
Secretary, may award an overseas service star to any member of the 
Foreign Service or any other civilian employee of the Government of the 
United States who, after August 1, 1998, while employed at, or assigned 
permanently or temporarily to, an official mission overseas or while 
traveling abroad on official business, incurred a wound or other injury 
or an illness (whether or not the wound, other injury, or illness 
resulted in death)--
            ``(1) as the person was performing official duties;
            ``(2) as the person was on the premises of a United States 
        mission abroad; or
            ``(3) by reason of the person's status as a United States 
        Government employee.
    ``(b) Cases Resulting From Unlawful Conduct.--Cases covered by 
subsection (a) include cases of wounds or other injuries incurred as a 
result of terrorist or military action, civil unrest, or criminal 
activities directed at any facility of the Government of the United 
States.
    ``(c) Selection Criteria.--The Secretary shall prescribe the 
procedures for identifying and considering persons eligible for award 
of an overseas service star and for selecting the persons to be 
recommended for the award.
    ``(d) Award in the Event of Death.--If a person selected for award 
of an overseas service star dies before being presented the award, the 
award may be made and the star presented to the person's family or to 
the person's representative, as designated by the President.
    ``(e) Form of Award.--The Secretary shall prescribe the design of 
the overseas service star. The award may not include a stipend or any 
other cash payment.
    ``(f) Funding.--
            ``(1) Any expenses incurred for awarding a person an 
        overseas service star may be paid out of appropriations 
        available at the time of the award for personnel of the 
        department or agency of the United States Government in which 
        the person was employed when the person incurred the wound, 
        injury, or illness upon which the award is based.
            ``(2) Limitation.--No funds may be made available under 
        this section for cash payments to recipients.''.

SOLUTION: Secure Embassy Construction and Counterterrorism Act of 1999 - Establishes within the Treasury an embassy construction and security account for the purpose of constructing, or providing security upgrades to, U.S. diplomatic facilities in order to meet specified security requirements, including that: (1) threat assessments such as the Emergency Action Plan and the Composite Threat List address threats to U.S. missions from large vehicular bombs and transnational terrorism; (2) in the selection of sites for new U.S. diplomatic facilities abroad, that all U.S. Government agencies (except military installations) be located on the same compound; (3) each newly constructed or acquired U.S. diplomatic facility be sited not less than 100 feet from the perimeter of the property on which the facility is situated; (4) appropriate Department of State and U.S. diplomatic personnel undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities; (5) there is adequate Department of State support for the Foreign Emergency Support Team; (6) the Secretary of State enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to U.S.  diplomatic facilities; and (7) all U.S. diplomatic missions have emergency equipment and records stored at a secure off-site facility. Authorizes appropriations. 
(Sec. 5) Directs the Secretary of State to report to Congress an identification of U.S. diplomatic facilities that are most vulnerable to terrorist attack, setting out, in tiers of 20, those facilities from the most to the least vulnerable to such an attack. Requires account funds allocated for construction of new embassies to be used to rebuild only those embassies in the top three tiers. 
(Sec. 7) Directs the Secretary to review, and report to Congress on, the findings of the Overseas Presence Advisory Panel with respect to the closure of vulnerable U.S. diplomatic missions overseas. 
(Sec. 8) Directs the Secretary to report to Congress on the role and function of each U.S. diplomatic facility through 2010. 
(Sec. 9) Amends the State Department Basic Authorities Act of 1956 to authorize the President to award an overseas service star to any member of the Foreign Service or any other civilian Government employee who while employed at, or assigned permanently or temporarily to, an official mission overseas, or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not resulting in death): (1) as the person was performing official duties; (2) as the person was on the premises of a U.S. mission abroad; or (3) by reason of the person's status as a U.S. Government employee.  Specifies award requirements.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs 
Mammography Quality Standards Act''.

SEC. 2. MAMMOGRAPHY QUALITY STANDARDS.

    (a) In General.--(1) Subchapter II of chapter 73 is amended by 
adding at the end the following new section:
``Sec. 7319. Mammography quality standards
    ``(a) A mammogram may not be performed at a Department facility 
unless that facility is accredited for that purpose by a private 
nonprofit organization designated by the Secretary. An organization 
designated by the Secretary under this subsection shall meet the 
standards for accrediting bodies established under section 354(e) of 
the Public Health Service Act (42 U.S.C. 263b(e)).
    ``(b) The Secretary, in consultation with the Secretary of Health 
and Human Services, shall prescribe quality assurance and quality 
control standards relating to the performance and interpretation of 
mammograms and use of mammogram equipment and facilities of the 
Department of Veterans Affairs consistent with the requirements of 
section 354(f)(1) of the Public Health Service Act. Such standards 
shall be no less stringent than the standards prescribed by the 
Secretary of Health and Human Services under section 354(f) of the 
Public Health Service Act.
    ``(c)(1) The Secretary, to ensure compliance with the standards 
prescribed under subsection (b), shall provide for an annual inspection 
of the equipment and facilities used by and in Department health care 
facilities for the performance of mammograms. Such inspections shall be 
carried out in a manner consistent with the inspection of certified 
facilities by the Secretary of Health and Human Services under section 
354(g) of the Public Health Service Act.
    ``(2) The Secretary may not provide for an inspection under 
paragraph (1) to be performed by a State agency.
    ``(d) The Secretary shall ensure that mammograms performed for the 
Department under contract with any non-Department facility or provider 
conform to the quality standards prescribed by the Secretary of Health 
and Human Services under section 354 of the Public Health Service Act.
    ``(e) For the purposes of this section, the term `mammogram' has 
the meaning given such term in paragraph (5) of section 354(a) of the 
Public Health Service Act (42 U.S.C. 263b(a)).''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 7318 the 
following new item:

``7319. Mammography quality standards.''.
    (b) Deadline for Prescribing Standards.--The Secretary of Veterans 
Affairs shall prescribe standards under subsection (b) of section 7319 
of title 38, United States Code, as added by subsection (a), not later 
than the end of the 120-day period beginning on the later of--
            (1) the date on which the Secretary of Health and Human 
        Services prescribes quality standards under section 354(f) of 
        the Public Health Service Act (42 U.S.C. 263b(f)); or
            (2) the date of the enactment of this Act.
    (c) Transition.--(1) Subsection (a) of section 7319 of title 38, 
United States Code, as added by subsection (a), shall take effect on 
the date on which standards are prescribed by the Secretary of Veterans 
Affairs under subsection (b) of that section.
    (2) During the transition period, the Secretary of Veterans Affairs 
may waive the requirement of subsection (a) of section 7319 of title 
38, United States Code, as added by subsection (a), to any facility of 
the Department. The Secretary may provide such a waiver in the case of 
any facility only if the Secretary determines, based upon the 
recommendation of the Under Secretary for Health of the Department of 
Veterans Affairs, that during the period such a waiver is in effect for 
such facility (including any extension of the waiver under paragraph 
(3)) the facility will be operated in accordance with standards 
prescribed by the Secretary under subsection (b) of such section to 
assure the safety and accuracy of mammography services provided.
    (3) The transition period for purposes of this section is the six-
month period beginning on the date specified in paragraph (1). The 
Secretary may extend such period for a period not to exceed 90 days in 
the case of any Department facility. Any such extension may be made 
only if the Under Secretary for Health determines that--
            (A) without the extension access of veterans to mammography 
        services in the geographic area served by the facility would be 
        significantly reduced; and
            (B) appropriate steps will be taken before the end of the 
        transition period (as extended) to obtain accreditation of the 
        facility as required by subsection (a) of section 7319 of title 
        38, United States Code, as added by subsection (a).
    (d) Implementation Report.--The Secretary of Veterans Affairs shall 
submit to the Committees on Veterans' Affairs of the Senate and House 
of Representatives a report on the Secretary's implementation of 
section 7319 of title 38, United States Code, as added by subsection 
(a). The report shall be submitted not later than 180 days after the 
date on which the Secretary prescribes the quality standards required 
under subsection (b) of that section.

SOLUTION: Department of Veterans Affairs Mammography Quality Standards Act - Prohibits a mammogram from being performed at a Department of Veterans Affairs facility unless the facility is accredited for such purpose by a private nonprofit organization designated by the Secretary of Veterans Affairs.  Requires any such organization to meet the standards for accrediting bodies established under the Public Health Service Act (the Act). 
Directs the Secretary to prescribe quality assurance and control standards relating to performance and interpretation of mammograms and the use of Department mammogram equipment and facilities consistent with requirements of the Act.  Requires the Secretary to provide for an annual inspection of Department mammogram equipment and facilities. Requires any Department mammograms contracted to a non-Department facility or provider to conform to the standards of the Act.  Provides for:  (1) a deadline for the prescribing of standards; (2) transition provisions covering mammograms performed prior to the enactment of this Act; and (3) an implementation report from the Secretary to specified congressional committees.

PROBLEM: 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.

SOLUTION:
Port Authority of New York/New Jersey Port Security Task Force Implementation Act of 2008 - Amends federal port security law to revise mandatory elements of the secure system of transportation program.

Directs the Secretary of the department in which the Coast Guard is operating, acting through the Commissioner of Customs and Border Protection, to establish minimum program standards and procedures for verifying, at the point goods are placed in a cargo container for shipping, that such container is free of unauthorized contents, including hazardous chemical, biological, radiological, or nuclear material, and is securely sealed after verification of its contents. Prohibits the entry of any container that has not complied with such standards and procedures.

Requires Area Maritime Transportation Security Plans to establish regional response and recovery protocols for transportation security incidents.

Amends the SAFE Port Act to require the Secretary of Homeland Security to ensure that the Port Security Exercise Program utilizes Area Maritime Transportation Security Plans in conducting port security exercises.

Requires the Secretary of the department in which the Coast Guard is operating to develop and utilize a national standard for prioritizing and assessing security risks at U.S. ports, such as the Maritime Assessment Strategy Tool.

Sets forth requirements regarding: (1) use of the U.S. Coast Guard's Maritime Security Risk Assessment Model tool to conduct vessel and port facility security risk assessments; (2) establishment of maritime and cargo security integrated project teams; (3) sharing of port facility vulnerability assessments and integration of port security plans and systems with local port authority and law enforcement agencies; (4) policy for advanced notice of Coast Guard boarding of vessels for security or Port State Control inspections; (5) confiscation of fraudulent transportation worker identification cards (TWICs); (6) Federal Maritime Commission training and licensing of steamship agents; (7) designation of a U.S. person to be responsible for notifying emergency response entities in the event of a transportation security incident involving a U.S. or foreign vessel; (8) minimum incident command system training and performance standards for maritime security guards; (9) consideration of regional strategic risk management priorities for tier 1 and tier 2 ports in grant awards; and (10) the submission of security plans for supply, bunker, and fuel deliver and launch vessels conducting activities or providing services to other vessels at anchorage.