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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grand Staircase Escalante 
Enhancement Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Establishment of Escalante Canyons National Park and Preserve.
Sec. 5. Withdrawals.
Sec. 6. Map and legal description.
Sec. 7. Grand Staircase National Monument.
Sec. 8. Kaiparowits National Monument.
Sec. 9. Escalante Canyons National Monument.
Sec. 10. Escalante Canyons National Park and Preserve, Grand Staircase 
                            National Monument, Kaiparowits National 
                            Monument, and Escalante Canyons National 
                            Monument Management Council.
Sec. 11. Federal land manager adherence.
Sec. 12. Clarification.
Sec. 13. Restoration of land status.
Sec. 14. Hole in the Rock Road.
Sec. 15. Effect on proclamations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Management council.--The term ``Management Council'' 
        means the council established under section 10.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. ESTABLISHMENT OF ESCALANTE CANYONS NATIONAL PARK AND PRESERVE.

    (a) Establishment.--There is hereby established within the 
Escalante Canyons National Monument the ``Escalante Canyons National 
Park and Preserve'' in the State of Utah.
    (b) Boundaries.--The boundaries of Escalante Canyons National Park 
and Preserve are as generally depicted on the map entitled ``____'', 
numbered ___, and dated ____. The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (c) Purpose.--The purpose of the Escalante Canyons National Park 
and Preserve shall be to protect, conserve, and enhance in the 
Escalante Canyons National Park and Preserve--
            (1) the unique and nationally important historic, natural, 
        scenic, and natural resources;
            (2) recreation, including hunting; and
            (3) grazing.

SEC. 5. WITHDRAWALS.

    Subject to valid existing rights, any Federal land within the 
Escalante Canyons National Park and Preserve, including any land or 
interest in land that is acquired by the United States after the date 
of enactment of this Act, is withdrawn from--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.

SEC. 6. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a map and legal description 
of the Escalante Canyons National Park and Preserve.
    (b) Force and Effect.--The map and legal description submitted 
under this section shall have the same force and effect as if included 
in this Act, except that the Secretary may make minor modifications of 
any clerical or typographical errors in the map or legal description 
provided these changes are first reported to the State of Utah, 
Garfield and Kane Counties in Utah, and the Management Council.

SEC. 7. GRAND STAIRCASE NATIONAL MONUMENT.

    (a) Establishment.--Subject to valid existing rights, the Federal 
land comprising approximately 211,983 acres, identified as ``Grand 
Staircase Unit'' and generally depicted on the map entitled ``Grand 
Staircase-Escalante National Monument Modification'' is hereby 
established as the ``Grand Staircase National Monument''.
    (b) Purpose.--The purpose of the Grand Staircase National Monument 
shall be to protect, conserve, and enhance the monument's--
            (1) unique and nationally important historic, scenic, and 
        natural resources;
            (2) recreation, including hunting; and
            (3) grazing.
    (c) Map.--
            (1) As soon as practicable after the date of the enactment 
        of this Act, the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a map 
        and legal description of the Grand Staircase National Monument 
        established in this section.
            (2) The map and legal description submitted under this 
        section shall have the same force and effect as if included in 
        this title, except that the Secretary may make minor 
        modification of any clerical or typographical errors in the map 
        or legal description provided these changes are first reported 
        to the State of Utah, Kane County, Utah, and the Management 
        Council.
            (3) A copy of the map and legal description shall be on 
        file and available for public inspection in the appropriate 
        field offices of the Bureau of Land Management.

SEC. 8. KAIPAROWITS NATIONAL MONUMENT.

    (a) Establishment.--Subject to valid existing rights, the Federal 
land comprising approximately 551,117 acres, identified as 
``Kaiparowits Unit'' and generally depicted on the map entitled ``Grand 
Staircase-Escalante National Monument Modification'' is hereby 
established as the ``Kaiparowits National Monument''.
    (b) Purpose.--The purpose of the Kaiparowits National Monument 
shall be to protect, conserve, and enhance the monument's--
            (1) unique and nationally important historic, scenic, and 
        natural resources;
            (2) recreation, including hunting; and
            (3) grazing.
    (c) Map.--
            (1) As soon as practicable after the date of the enactment 
        of this Act, the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a map 
        and legal description of the Kaiparowits National Monument 
        established in this section.
            (2) The map and legal description submitted under this 
        section shall have the same force and effect as if included in 
        this title, except that the Secretary may make minor 
        modification of any clerical or typographical errors in the map 
        or legal description provided these changes are first reported 
        to the State of Utah, Kane and Garfield Counties, Utah, and the 
        Management Council.
            (3) A copy of the map and legal description shall be on 
        file and available for public inspection in the appropriate 
        field offices of the Bureau of Land Management.

SEC. 9. ESCALANTE CANYONS NATIONAL MONUMENT.

    (a) Establishment.--Subject to the valid existing rights, the 
Federal land comprising approximately 243,241 acres, identified as 
``Escalante Canyons Unit'' and generally depicted on the map entitled 
``Grand Staircase-Escalante National Monument Modification'' is hereby 
established as the ``Escalante Canyons National Monument''.
    (b) Purpose.--The purpose of the Escalante Canyons National 
Monument shall be to protect, conserve, and enhance the monument's--
            (1) unique and nationally important historic, scenic, and 
        natural resources;
            (2) recreation, including hunting; and
            (3) grazing.
    (c) Map.--
            (1) As soon as practicable after the date of the enactment 
        of this Act, the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a map 
        and legal description of the Escalante Canyons National 
        Monument established in this section.
            (2) The map and legal description submitted under this 
        section shall have the same force and effect as if included in 
        this title, except that the Secretary may make minor 
        modification of any clerical or typographical errors in the map 
        or legal description provided these changes are first reported 
        to the State of Utah, Garfield County, Utah, and the Management 
        Council.
            (3) A copy of the map and legal description shall be on 
        file and available for public inspection in the appropriate 
        field offices of the Bureau of Land Management.

SEC. 10. ESCALANTE CANYONS NATIONAL PARK AND PRESERVE, GRAND STAIRCASE 
              NATIONAL MONUMENT, KAIPAROWITS NATIONAL MONUMENT, AND 
              ESCALANTE CANYONS NATIONAL MONUMENT MANAGEMENT COUNCIL.

    (a) Establishment.--The Management Council is hereby established.
    (b) Duties.--The Management Council shall develop and implement the 
comprehensive management plans for the Escalante Canyons National Park 
and Preserve, the Grand Staircase National Monument, the Kaiparowits 
National Monument, and the Escalante Canyons National Monument 
consistently with the purposes of those areas as provided in this Act.
    (c) Membership.--The Management Council shall be composed of 7 
members appointed not later than 180 days after the date of the 
enactment of this Act as follows:
            (1) One individual from the Department of Interior, 
        appointed by the President.
            (2) Five individuals, appointed by the President in 
        consultation with the Congressional delegation from the State 
        of Utah and the Governor of Utah, who shall represent the 
        following:
                    (A) Two from the Garfield County, Utah, Board of 
                Commissioners.
                    (B) Two from the Kane County, Utah, Board of 
                Commissioners.
                    (C) One Utah State Legislator representing Kane 
                County, Garfield County, or both.
            (3) One at-large representative appointed by the President.
    (d) Qualifications.--The members appointed under subsections (c)(2) 
and (3) shall not be employees of the Federal Government.
    (e) Terms.--The President shall appoint the members under 
subsections (c)(2) and (3) for a term of 5 years, except that the 
President shall designate staggered terms for the members initially 
appointed to the Management Council. The President may reappoint a 
member to not more than three consecutive terms.
    (f) Vacancies.--Vacancies of members appointed under subsections 
(c)(2) and (3) shall be filled in the same manner as such positions 
were originally filled as soon as practicable after the vacancy has 
occurred.
    (g) Compensation.--Members appointed under subsections (c)(2) and 
(3) shall serve without pay, except for reasonable travel expenses, 
including per diem in lieu of subsistence, at the rate authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of duties for the Council.
    (h) Chair.--The members shall select the chair of the Management 
Council from the members appointed under subsection (c)(2) and (3) for 
a term beginning on the date of selection, and ending in 5 years or 
until the member's term of office expires, whichever occurs first.
    (i) Staff Assistance.--The Management Council may request 
administrative assistance from Federal employees under the jurisdiction 
of the Secretary of the Interior or the Secretary of Agriculture.
    (j) Meetings.--
            (1) Frequency.--The Management Council shall meet at the 
        call of the Chair or a majority of the members. Meetings shall 
        be held no less than once per year. A majority must be present 
        to constitute a quorum to conduct official business.
            (2) Announcement; open meetings.--All meetings of the 
        Management Council shall be announced at least one week in 
        advance in publications of general circulation and shall be 
        open to the public.
    (k) Administration.--
            (1) The Management Council shall allow hunting, fishing and 
        trapping on lands and water under the jurisdiction of the 
        Secretary within the Escalante Canyons National Park and 
        Preserve in accordance with the applicable laws of the State of 
        Utah.
            (2) The Management Council shall ensure that the privilege 
        of grazing domestic livestock on lands with the Escalante 
        Canyons National Park and Preserve shall continue to be 
        exercised and enhanced in perpetuity. Grazing within the 
        Escalante Canyons National Park and Preserve shall be 
        administered by the National Park Service.

SEC. 11. FEDERAL LAND MANAGER ADHERENCE.

    Federal land managers shall adhere to the management plans created 
by the Management Council.

SEC. 12. CLARIFICATION.

    Nothing in this Act affects the jurisdiction of the State of Utah 
with respect to the management of fish, wildlife and predators in the 
State.

SEC. 13. RESTORATION OF LAND STATUS.

    Subject to valid existing rights, the provisions of existing 
withdrawals, and the requirements of applicable law, the public lands 
excluded from the monument reservation under Presidential Proclamation 
___, dated December 4, 2017, and issued under chapter 3203 of title 54, 
United States Code, shall be open to:
            (1) entry, location, selection, sale or other disposition 
        under the public land laws;
            (2) disposition under all laws relating to mineral and 
        geothermal leasing; and
            (3) location, entry, and patent under the mining laws.

SEC. 14. HOLE IN THE ROCK ROAD.

    The Secretary shall convey to the State of Utah all right, title 
and interest of the United States in and to the Hole in the Rock Road 
(BLM Road 200).

SEC. 15. EFFECT ON PROCLAMATIONS.

    Any provision of Presidential Proclamation 6920, dated September 
18, 1996, and Presidential Proclamation ____, dated December 4, 2017, 
and issued under chapter 3203 of title 54, United States Code, that is 
inconsistent with this Act is hereby declared null and void.
Grand Staircase Escalante Enhancement Act This bill establishes the Escalante Canyons National Park and Preserve within the Escalante Canyons National Monument (established by this bill and consisting of approximately 243,241 acres) in Utah.  Federal lands within the park and preserve, including lands or interests acquired by the United States afterwards, are withdrawn from:  entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and  operation of the mineral leasing, mineral materials, and geothermal leasing laws.   The bill also establishes the Grand Staircase National Monument (consisting of approximately 211,983 acres) and the Kaiparowits National Monument (consisting of approximately 551,117 acres). A management council shall implement comprehensive management plans for the park and preserve and the monuments. Federal land managers must adhere to the management plans created by the council. The public lands excluded from the lands and interests in lands reserved within the modified boundaries of the Grand Staircase-Escalante National Monument under the Presidential Proclamation dated December 4, 2017, shall be open to:  entry, location, selection, sale, or other disposition under the public land laws; disposition under all laws related to mineral and geothermal leasing; and  location, entry, and patent under the mining laws.   Interior shall convey to the state of Utah the Hole in the Rock Road (BLM [Bureau of Land Management] Road 200). 

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.
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.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Black Lung Consolidation of 
Administrative Responsibility Act''.

SEC. 2. TRANSFER OF PART B BLACK LUNG BENEFIT RESPONSIBILITIES FROM 
              COMMISSIONER OF SOCIAL SECURITY TO SECRETARY OF LABOR.

    (a) In General.--Part B of the Black Lung Benefits Act (30 U.S.C. 
921 et seq.) other than section 415(b) (30 U.S.C. 925(b)) is amended by 
striking ``Commissioner of Social Security'' each place such term 
appears and inserting ``Secretary''.
    (b) Conforming Amendments.--
        (1) Section 402 of such Act (30 U.S.C. 902) is amended--
            (A) in subsection (c), by striking ``where used in part C'' 
        and inserting ``, except where expressly otherwise provided,'';
            (B) in subsection (f)(1), by inserting after ``Secretary of 
        Health, Education, and Welfare'' the following: ``, which were 
        in effect on the date of enactment of the Black Lung 
        Consolidation of Administrative Responsibilities Act,'';
            (C) in subsection (f)(2)--
                (i) by striking ``which is subject to review by the 
            Secretary of Health, Education, and Welfare,'' and 
            inserting ``arising under part B''; and
                (ii) by striking the comma after ``Secretary of 
            Labor''; and
            (D) in subsection (i), by amending paragraph (1) to read as 
        follows:
        ``(1) for benefits under part B that was denied by the official 
    responsible for administration of such part; or''.
        (2) Section 413(b) of such Act (30 U.S.C. 923(b)) is amended by 
    striking ``In carrying out the provisions of this part'' and all 
    that follows through ``Social Security Act, but no'' and inserting 
    ``No''.
        (3) Section 415 of such Act (30 U.S.C. 925) is amended--
            (A) in subsection (a)--
                (i) by striking paragraph (2);
                (ii) by redesignating paragraphs (3) through (5) as 
            paragraphs (2) through (4), respectively; and
                (iii) in paragraph (4) (as so redesignated), by 
            striking ``paragraph 4'' and inserting ``paragraph (2)''; 
            and
            (B) in subsection (b), by striking ``, after consultation 
        with the Commissioner of Social Security,''.
        (4) Section 426 of such Act (30 U.S.C. 936) is amended--
            (A) in subsection (a), by striking ``, the Commissioner of 
        Social Security,''; and
            (B) in subsection (b), by amending the first sentence to 
        read as follows: ``At the end of fiscal year 2003 and each 
        succeeding fiscal year, the Secretary of Labor shall submit to 
        the Congress an annual report on the subject matter of parts B 
        and C of this title.''.
        (5) Public Law 94-504 (30 U.S.C. 932a) is amended by striking 
    ``under part C'' and inserting ``under part B or part C''.
    (c) Repeal of Obsolete Provisions.--The following provisions of law 
are repealed:
        (1) Section 435 of the Black Lung Benefits Act (30 U.S.C. 945).
        (2) Sections 11 and 19 of the Black Lung Benefits Reform Act of 
    1977 (30 U.S.C. 924a, 904).

SEC. 3. TRANSITIONAL PROVISIONS.

    (a) Applicability.--This section shall apply to the transfer of all 
functions relating to the administration of part B of subchapter IV (30 
U.S.C. 901 et seq.) from the Commissioner of Social Security 
(hereinafter in this section referred to as the ``Commissioner'') to 
the Secretary of Labor, as provided by this Act.
    (b) Transfer of Assets, Liabilities, etc.--
        (1) The Commissioner shall transfer to the Secretary of Labor 
    all property and records that the Director of the Office of 
    Management and Budget determines relate to the functions 
    transferred to the Secretary of Labor by this Act or amendments 
    made by this Act.
        (2) Section 1531 of title 31, United States Code, shall apply 
    in carrying out this Act and amendments made by this Act, except 
    that, for purposes of carrying out this Act and amendments made by 
    this Act, the functions of the President under section 1531(b) 
    shall be performed by the Director of the Office of Management and 
    Budget unless otherwise directed by the President.
    (c) Continuation of Orders, Determinations, etc.--
        (1) This Act shall not affect the validity of any order, 
    determination, rule, regulation, operating procedure (to the extent 
    applicable to the Secretary of Labor), or contract that--
            (A) relates to a function transferred by this Act; and
            (B) is in effect on the date this Act takes effect.
        (2) Any order, determination, rule, regulation, operating 
    procedure, or contract described in paragraph (1) shall--
            (A) apply on and after the effective date of this Act to 
        the Secretary of Labor; and
            (B) continue in effect, according to its terms, until it is 
        modified, superseded, terminated, or otherwise deprived of 
        legal effect by the Secretary of Labor, a court of competent 
        jurisdiction, or operation of law.
    (d) Continuation of Administrative Proceedings.--
        (1) Any proceeding before the Commissioner involving the 
    functions transferred by this Act that is pending on the date this 
    Act takes effect shall continue before the Secretary of Labor, 
    except as provided in paragraph (2).
        (2) Any proceeding pending before an Administrative Law Judge 
    or the Appeals Council pursuant to part B and the applicable 
    regulations of the Secretary of Health and Human Services shall 
    continue before the Commissioner consistent with the following 
    provisions:
            (A) Any proceeding described in this paragraph shall 
        continue as if this Act had not been enacted, and shall include 
        all rights to hearing, administrative review, and judicial 
        review available under part B and the applicable regulations of 
        the Secretary of Health and Human Services.
            (B) Any decision, order, or other determination issued in 
        any proceeding described in this subsection shall apply to the 
        Secretary of Labor and continue in effect, according to its 
        terms, until it is modified, superseded, terminated, or 
        otherwise deprived of legal effect by the Secretary of Labor, a 
        court of competent jurisdiction, or operation of law.
            (C) Nothing in this paragraph shall be deemed to prohibit 
        the discontinuance or modification of any such proceeding under 
        the same terms and conditions and to the same extent that such 
        proceeding could have been discontinued or modified if this Act 
        had not been enacted.
        (3) Any proceeding before the Secretary of Labor involving the 
    functions transferred by this Act shall be subject to the statutory 
    requirements for notice, hearing, action upon the record, 
    administrative review, and judicial review that apply to similar 
    proceedings before the Commissioner conducted prior to the 
    enactment of this Act.
    (e) Continuation of Actions and Causes of Action.--
        (1) Except as provided in paragraphs (2) and (3), this Act 
    shall not abrogate, terminate, or otherwise affect any action or 
    cause of action, that--
            (A) relates to a function transferred by this Act; and
            (B) is pending or otherwise in existence on the date this 
        Act takes effect.
        (2) Any action pending before the Commissioner or any court on 
    the date this Act takes effect that involves a function transferred 
    by this Act shall continue before the Commissioner or court 
    consistent with the following provisions:
            (A) Any proceeding described in this paragraph shall 
        continue as if this Act had not been enacted.
            (B) Any decision, order, or other determination issued in 
        any proceeding subject to this paragraph shall apply to the 
        Secretary of Labor and continue in effect, according to its 
        terms, until it is modified, superseded, terminated, or 
        otherwise deprived of legal effect by the Secretary of Labor, a 
        court of competent jurisdiction, or operation of law.
        (3) Any cause of action by or against the Commissioner that 
    exists on the date this Act takes effect and involves any function 
    transferred by this Act may be asserted by or against the Secretary 
    of Labor or the United States.
    (f) Continuation of Actions Against Officers.--No suit, action, or 
other proceeding commenced by or against any officer in his official 
capacity as an officer of the Social Security Administration, and 
relating to a function transferred by this Act, shall abate by reason 
of the enactment of this Act. No cause of action by or against the 
Social Security Administration, or by or against any officer thereof in 
his official capacity, relating to a function transferred by this Act, 
shall abate by reason of enactment of this Act.
    (g) Preservation of Penalties, etc.--The transfer of functions 
under this Act shall not release or extinguish any penalty, forfeiture, 
liability, prosecution, investigation, or right to initiate a future 
investigation or prosecution involving any function transferred by this 
Act.

SEC. 4. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect 90 
days after the date of enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Black Lung Consolidation of Administrative Responsibility Act - Amends the Black Lung Benefits Act to transfer part B black lung benefit responsibilities from the Commissioner of Social Security to the Secretary of Labor (thus consolidating all black lung benefit responsibility under the Secretary). (Current law makes the Commissioner responsible for part B benefits based on claims filed on or before December 31, 1973, and makes the Secretary responsible for part C benefits based on claims filed after such date.)