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

This Act may be cited as the ''Facilitating Access to Speedy
Transmissions for Networks, E-commerce and Telecommunications (FASTNET)
Act''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:
(1) The Telecommunications Act of 1996 was enacted to
foster the rapid deployment of advanced telecommunications and
information technologies and services to all Americans by
promoting competition and reducing regulation in
telecommunications markets nationwide.
(2) The Telecommunications Act of 1966 specifically
recognized the unique abilities and circumstances of local
exchange carriers with fewer than two percent of the Nation's
subscriber lines installed in the aggregate nationwide.
(3) Given the markets two percent carriers typically serve,
such carriers are uniquely positioned to accelerate the
deployment of advanced services and competitive initiatives for
the benefit of consumers in less densely populated regions of
the Nation.
(4) Existing regulations are typically tailored to the
circumstances of larger carriers and therefore often impose
disproportionate burdens on two percent carriers, impeding such
carriers' deployment of advanced telecommunications services
and competitive initiatives to consumers in less densely
populated regions of the Nation.
(5) Reducing regulatory burdens on two percent carriers
will enable such carriers to devote additional resources to the
deployment of advanced services and to competitive initiatives
to benefit consumers in less densely populated regions of the
Nation.
(6) Reducing regulatory burdens on two percent carriers
will increase such carriers' ability to respond to marketplace
conditions, allowing them to accelerate deployment of advanced
services and competitive initiatives to benefit consumers in
less densely populated regions of the Nation.
(b) Purposes.--The purposes of this Act are--
(1) to accelerate the deployment of advanced services and
the development of competition in the telecommunications
industry for the benefit of consumers in all regions of the
Nation, consistent with the Telecommunications Act of 1996, by
reducing regulatory burdens on local exchange carriers with
fewer than two percent of the Nation's subscriber lines
installed in the aggregate nationwide;
(2) to improve such carriers' flexibility to undertake such
initiatives; and
(3) to allow such carriers to redirect resources from
paying the costs of such regulatory burdens to increasing
investment in such initiatives.

SEC. 3. DEFINITION.

Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by redesignating paragraphs (51) and (52) as paragraphs
(52) and (53), respectively; and
(2) by inserting after paragraph (50) the following:
''(51) Two percent carrier.--The term 'two percent carrier'
means an incumbent local exchange carrier within the meaning of
section 251(h) whose access lines, when aggregated with the
access lines of any local exchange carrier that such incumbent
local exchange carrier directly or indirectly controls, is
controlled by, or is under common control with, are fewer than
two percent of the Nation's subscriber lines installed in the
aggregate nationwide.''.

SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.

Title II of the Communications Act of 1934 is amended by adding at
the end thereof a new part IV as follows:

''PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS

''SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.

''(a) Commission To Take Into Account Differences.--In adopting
rules that apply to incumbent local exchange carriers (within the
meaning of section 251(h)), the Commission shall separately evaluate
the burden that any proposed regulatory, compliance, or reporting
requirements would have on two percent carriers.
''(b) Effect of Commission's Failure To Take Into Account
Differences.--If the Commission adopts a rule that applies to incumbent
local exchange carriers and fails to separately evaluate the burden
that any proposed regulatory, compliance, or reporting requirement
would have on two percent carriers, the Commission shall not enforce
the rule against two percent carriers unless and until the Commission
performs such separate evaluation.
''(c) Additional Review Not Required.--Nothing in this section
shall be construed to require the Commission to conduct a separate
evaluation under subsection (a) if the rules adopted do not apply to
two percent carriers, or such carriers are exempted from such rules.
''(d) Savings Clause.--Nothing in this section shall be construed
to prohibit any size-based differentiation among carriers mandated by
this Act, chapter 6 of title 5, United State Code, the Commission's
rules, or any other provision of law.
''(e) Effective Date.--The provisions of this section shall apply
with respect to any rule adopted on or after the date of enactment of
this section.

''SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.

''(a) Limitation.--The Commission shall not require a two percent
carrier--
''(1) to file cost allocation manuals or to have such
manuals audited or attested, but a two percent carrier that
qualifies as a class A carrier shall annually certify to the
Commission that the two percent carrier's cost allocation
complies with the rules of the Commission; or
''(2) to file Automated Reporting and Management
Information Systems (ARMIS) reports, except for purposes of
section 224.
''(b) Preservation of Authority.--Except as provided in subsection
(a), nothing in this Act limits the authority of the Commission to
obtain access to information under sections 211, 213, 215, 218, and 220
with respect to two percent carriers.

''SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.

''The Commission shall not require any two percent carrier to
establish or maintain a separate affiliate to provide any common
carrier or noncommon carrier services, including local and
interexchange services, commercial mobile radio services, advanced
services (within the meaning of section 706 of the Telecommunications
Act of 1996), paging, Internet, information services or other enhanced
services, or other services. The Commission shall not require any two
percent carrier and its affiliates to maintain separate officers,
directors, or other personnel, network facilities, buildings, research
and development departments, books of account, financing, marketing,
provisioning, or other operations.

''SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.

''(a) NECA Pool.--The participation or withdrawal from
participation by a two percent carrier of one or more study areas in
the common line tariff administered and filed by the National Exchange
Carrier Association or any successor tariff or administrator shall not
obligate such carrier to participate or withdraw from participation in
such tariff for any other study area. The Commission may require a two
percent carrier to give 60 days notice of its intent to participate or
withdraw from participation in such common line tariff with respect to
a study area. Except as permitted by section 310(f)(3), a two percent
carrier's election under this subsection shall be binding for one year
from the date of the election.
''(b) Price Cap Regulation.--A two percent carrier may elect to be
regulated by the Commission under price cap rate regulation, or elect
to withdraw from such regulation, for one or more of its study areas.
The Commission shall not require a carrier making an election under
this subsection with respect to any study area or areas to make the
same election for any other study area. Except as permitted by section
310(f)(3), a two percent carrier's election under this subsection shall
be binding for one year from the date of the election.

''SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO
PERCENT COMPANIES.

''(a) One-Day Notice of Deployment.--The Commission shall permit
two percent carriers to introduce new interstate telecommunications
services by filing a tariff on one day's notice showing the charges,
classifications, regulations, and practices therefor, without obtaining
a waiver, or make any other showing before the Commission in advance of
the tariff filing. The Commission shall not have authority to approve
or disapprove the rate structure for such services shown in such
tariff.
''(b) Definition.--For purposes of subsection (a), the term 'new
interstate telecommunications service' means a class or subclass of
service not previously offered by the two percent carrier that enlarges
the range of service options available to ratepayers of such carrier.

''SEC. 286. ENTRY OF COMPETING CARRIER.

''(a) Pricing Flexibility.--Notwithstanding any other provision of
this Act, any two percent carrier shall be permitted to de-average its
interstate switched or special access rates, file tariffs on one day's
notice, and file contract-based tariffs for interstate switched or
special access services immediately upon certifying to the Commission
that a telecommunications carrier unaffiliated with such carrier is
engaged in facilities-based entry within such carrier's service area. A
two percent carrier subject to rate-of-return regulation with respect
to an interstate switched or special access service, for which pricing
flexibility has been exercised pursuant to this subsection, shall
compute its interstate rate of return based on the nondiscounted rate
for such service.
''(b) Streamlined Pricing Regulation.--Notwithstanding any other
provision of this Act, upon receipt by the Commission of a
certification by a two percent carrier that--
''(1) a local exchange carrier, or its affiliate, or
''(2) a local exchange carrier operated by, or owned in
whole or part by, a governmental authority,
is engaged in facilities-based entry within the two percent carrier's
service area, the Commission shall regulate the two percent carrier as
non-dominant and shall not require the tariffing of the interstate
service offerings of the two percent carrier.
''(c) Participation in Exchange Carrier Association Tariff.--A two
percent carrier that meets the requirements of subsection (a) or (b) of
this section with respect to one or more study areas shall be permitted
to participate in the common line tariff administered and filed by the
National Exchange Carrier Association or any successor tariff or
administrator, by electing to include one or more of its study areas in
such tariff.
''(d) Definitions.--For purposes of this section:
''(1) Facilities-based entry.--The term 'facilities-based
entry' means, within the service area of a two percent
carrier--
''(A) the provision or procurement of local
telephone exchange switching or its equivalent; and
''(B) the provision of telephone exchange service
to at least one unaffiliated customer.
''(2) Contract-based tariff.--The term 'contract-based
tariff' shall mean a tariff based on a service contract entered
into between a two percent carrier and one or more customers of
such carrier. Such tariff shall include--
''(A) the term of the contract, including any
renewal options;
''(B) a brief description of each of the services
provided under the contract;
''(C) minimum volume commitments for each service,
if any;
''(D) the contract price for each service or
services at the volume levels committed to by the
customer or customers;
''(E) a brief description of any volume discounts
built into the contract rate structure; and
''(F) a general description of any other
classifications, practices, and regulations affecting
the contract rate.
''(3) Service area.--The term 'service area' has the same
meaning as in section 214(e)(5).

''SEC. 287. SAVINGS PROVISIONS.

''(a) Commission Authority.--Nothing in this part shall be
construed to restrict the authority of the Commission under sections
201 through 208.
''(b) Rural Telephone Company Rights.--Nothing in this part shall
be construed to diminish the rights of rural telephone companies
otherwise accorded by this Act, or the rules, policies, procedures,
guidelines, and standards of the Commission as of the date of enactment
of this section.
''(c) State Authority.--Nothing in this part shall be construed to
limit or affect any authority (as of August 1, 2001) of the States over
charges, classifications, practices, services, facilities, or
regulations for or in connection with intrastate communications service
by wire or radio of any carrier.''.

SEC. 5. LIMITATION ON MERGER REVIEW.

(a) Amendment.--Section 310 of the Communications Act of 1934 (47
U.S.C. 310) is amended by adding at the end the following:
''(f) Deadline for Making Public Interest Determination.--
''(1) Time limit.--In connection with any merger between
two percent carriers, or the acquisition, directly or
indirectly, by a two percent carrier or its affiliate of
securities or assets of another carrier or its affiliate, if
the merged or acquiring carrier remains a two percent carrier after the
merger or acquisition, the Commission shall make any determinations
required by this section and section 214, and shall rule on any
petition for waiver of the Commission's rules or other request related
to such determinations, not later than 60 days after the date an
application with respect to such merger or acquisition is submitted to
the Commission.
''(2) Approval absent action.--If the Commission does not
approve or deny an application as described in paragraph (1) by
the end of the period specified, the application shall be
deemed approved on the day after the end of such period. Any
such application deemed approved under this subsection shall be
deemed approved without conditions.
''(3) Election permitted.--The Commission shall permit a
two percent carrier to make an election pursuant to section 284
with respect to any local exchange facilities acquired as a
result of a merger or acquisition that is subject to the review
deadline established in paragraph (1) of this subsection.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any application that is submitted to the Commission on
or after the date of enactment of this Act. Applications pending with
the Commission on the date of enactment of this Act shall be subject to
the requirements of this section as if they had been filed with the
Commission on the date of enactment of this Act.

SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR
WAIVER.

(a) Amendment.--Section 405 of the Communications Act of 1934 (47
U.S.C. 405) is amended by adding to the end the following:
''(c) Expedited Action Required.--
''(1) Time limit.--Within 90 days after receiving from a
two percent carrier a petition for reconsideration or other
review filed under this section or a petition for waiver of a
rule, policy, or other Commission requirement, the Commission
shall issue an order granting or denying such petition. If the
Commission fails to act on a petition for waiver subject to the
requirements of this section within this 90-day period, the
relief sought in such petition shall be deemed granted. If the
Commission fails to act on a petition for reconsideration or
other review subject to the requirements of this section within
such 90-day period, the Commission's enforcement of any rule
the reconsideration or other review of which was specifically
sought by the petitioning party shall be stayed with respect to
that party until the Commission issues an order granting or
denying such petition.
''(2) Finality of action.--Any order issued under paragraph
(1), or any grant of a petition for waiver that is deemed to
occur as a result of the Commission's failure to act under
paragraph (1), shall be a final order and may be appealed.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any petition for reconsideration or other review or
petition for waiver that is submitted to the Commission on or after the
date of enactment of this Act. Petitions for reconsideration or
petitions for waiver pending with the Commission on the date of
enactment of this Act shall be subject to the requirements of this
section as if they had been filed on the date of enactment of this Act.

SEC. 7. NATIONAL SECURITY AND LAW ENFORCEMENT EXCEPTIONS.

Notwithstanding sections 310 and 405 of the Communications Act of
1934 (47 U.S.C. 310 and 405), the 60-day time period under section
310(f)(1) of that Act, as added by section 5 of this Act, and the 90-
day time period under section 405(c)(1) of that Act, as added by
section 6 of this Act, shall not apply to a petition or application
under section 310 or 405 if an Executive Branch agency with cognizance
over national security, law enforcement, or public safety matters,
including the Department of Defense, Department of Justice, and the
Federal Bureau of Investigation, submits a written filing to the
Federal Communications Commission advising the Commission that the
petition or application may present national security, law enforcement,
or public safety concerns that may not be resolved within the 60-day or
90-day time period, respectively.
answer:
Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act - Amends the Communications Act of 1934 to define a "two percent carrier" (carrier) as an incumbent local exchange carrier whose access lines, when combined with the access lines of any other carrier that such carrier controls, are fewer than two percent of the subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to such carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on such carriers. Prohibits the FCC from requiring such carriers to: (1) file cost allocation manuals or Automated Reporting and Management Information Systems reports; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services.Limits carrier participation in tariff pools and price cap regulation.Requires the FCC to permit such carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice.Allows such carriers to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for switched or special access services upon certifying that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. Limits FCC carrier merger review authority. Provides time limits for FCC action on petitions for reconsideration or waiver of a rule, policy, or requirement.

question:
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.
answer:
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.

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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Cruise Line Accurate Safety
Statistics Act''.

SEC. 2. REQUIREMENT TO REPORT CRIMES AND OTHER INFORMATION.

(a) Requirement.--The owner of a cruise ship that calls at a port
in the United States shall report to the Secretary--
(1) each covered crime that occurred on the cruise ship in
the course of the voyage (or voyage segment) that ends at that
port, in which a citizen of the United States was a victim, by
not later than 4 hours after the crime is reported to the
master of the cruise ship;
(2) each incident on the cruise ship in the course of the
voyage (or voyage segment) in which a citizen of the United
States was missing or reported overboard for a period of 4
hours or more, by not later than 4 hours after the incident is
reported to the master of the cruise ship; and
(3) by not later than the end of each of March, June,
September, and December of each year--
(A) each crime that occurred on the cruise ship in
the preceding 3-month period; and
(B) each incident on the cruise ship in the
preceding 3-month period in which an individual was
missing or reported overboard for a period of 4 hours
or more.
(b) Availability of Information.--The Secretary shall make
information reported under this section available to the public,
including on a site on the Internet.

SEC. 3. INSPECTION OF CRUISE SHIPS.

(a) Requirement.--The Secretary shall inspect each cruise ship that
seeks to enter a port in the United States to determine whether the
cruise ship has adequate equipment and trained personnel to investigate
covered crimes on the vessel in accordance with regulations under
subsection (b).
(b) Regulations.--The Secretary shall issue regulations by not
later than 6 months after the date of the enactment of this Act that
establish what constitutes adequate equipment and trained personnel for
purposes of this section.

SEC. 4. DISCLOSURES BY CRUISE LINES.

(a) Requirement.--Any cruise line that sells a ticket for carriage
of an individual on a cruise ship that, during such carriage, will call
at a port in the United States shall--
(1) before selling the ticket, refer the individual to the
Internet site referred to in section 2(b); and
(2) provide to the individual--
(A) the name of each country the cruise ship will
visit during the course of such carriage; and
(B) the locations in such country of the embassy
and each consulate of the United States.
(b) Regulations.--The Secretary shall issue regulations by not
later than 6 months after the date of the enactment of this Act that
establish what constitutes a cruise line for purposes of this section.

SEC. 5. PENALTY.

(a) In General.--A person shall be liable for a civil penalty of
not more than $250,000, if--
(1) the person is the owner of a cruise ship and--
(A) the person fails to report in accordance with
section 2; or
(B) the Secretary determines in an inspection of
the cruise ship under section 3 that the cruise ship
does not have adequate equipment and trained personnel;
or
(2) the person fails to provide information to the
purchaser of a cruise ship ticket as required by section 4.
(b) Assessment of Penalty.--The Secretary shall assess a civil
penalty under this section.
(c) Liability in Rem.--A cruise ship shall be liable in rem for a
civil penalty under subsection (a)(1) that is assessed with respect to
the cruise ship.
(d) Denial of Entry.--The Secretary of the department in which the
Coast Guard is operating may deny entry into the United States to a
cruise vessel if the owner of the cruise vessel--
(1) commits an act or omission for which a civil penalty
may be imposed under this subsection (a)(1); or
(2) fails to pay a civil penalty imposed on the owner under
this section.

SEC. 6. DEFINITIONS.

In this Act:
(1) Covered crime.--The term ''covered crime'' means--
(A) any act or omission that, if committed in an
area subject to the jurisdiction of the United States,
would be a violation of--
(i) section 81 of title 18, United States
Code (relating to arson);
(ii) section 114 of such title (relating to
maiming);
(iii) section 611 of such title (relating
to certain crimes within the special maritime
and territorial jurisdiction);
(iv) section 1111 of such title (relating
to murder);
(v) section 1112 of such title (relating to
manslaughter);
(vi) section 1201 of such title (relating
to kidnaping); or
(vii) section 2241 of such title (relating
to aggravated sexual abuse); and
(B) any assault that, if committed in an area
subject to the jurisdiction of the United States, would
be a violation of section 13 of title 18, United States
Code.
(2) Cruise ship.--The term ''cruise ship''--
(A) except as provided in subparagraph (B), means
any vessel over 100 gross registered tons, that--
(i) is capable of carrying more than 12
passengers for hire;
(ii) carries passengers for hire on a
voyage lasting more than 24 hours, any part of
which is on the high seas; and
(iii) embarks or disembarks passengers in
the United States (including any commonwealth
or territories of the United States); and
(B) does not include a ferry that--
(i) has been issued a Certificate of
Inspection endorsed for lakes, bays, and
sounds; and
(ii) transits international waters for only
short periods of time on frequent schedules.
(3) Secretary.--The term ''Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
answer:
Cruise Line Accurate Safety Statistics Act - Requires the owner of a cruise ship that calls at a U.S. port to report to the Secretary of the department in which the Coast Guard is operating each: (1) crime that occurred on the cruise ship in which a U.S. citizen was a victim; (2) incident on a cruise ship in which a U.S. citizen was missing or reported overboard for four hours or more; and (3) crime and incident that occurred on the cruise ship in the preceding three-month period. Requires the Secretary to make such information available to the public, including on a site on the Internet.

Directs the Secretary to inspect each cruise ship that enters a U.S. port to determine whether such ship has adequate equipment and trained personnel to investigate such crimes.

Requires a cruise line that sells a ticket for carriage of an individual on a cruise ship that will call at a U.S. port to: (1) refer such individual to the Internet site before selling the ticket; and (2) provide the individual with the name of each country the cruise ship will visit, as well as the locations of each U.S. embassy and consulate in such country.

Sets forth civil penalties for persons that violate the requirements of this Act.