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Q: 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.

A: 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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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Improving Access to Mainstream
Financial Institutions Act of 2008''.

SEC. 2. DEFINITIONS.

In this Act, the following definitions shall apply:
(1) Alaska native corporation.--The term ''Alaska Native
Corporation'' has the same meaning as the term ''Native
Corporation'' under section 3(m) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(m)).
(2) Community development financial institution.--The term
''community development financial institution'' has the same
meaning as in section 103(5) of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702(5)).
(3) Federally insured depository institution.--The term
''federally insured depository institution'' means any insured
depository institution (as that term is defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813)) and any
insured credit union (as that term is defined in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752)).
(4) Labor organization.--The term ''labor organization''
means an organization--
(A) in which employees participate;
(B) which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances,
labor disputes, wages, rates of pay, hours of
employment, or conditions of work; and
(C) which is described in section 501(c)(5) of the
Internal Revenue Code of 1986.
(5) Native hawaiian organization.--The term ''Native
Hawaiian organization'' means any organization that--
(A) serves and represents the interests of Native
Hawaiians; and
(B) has as a primary and stated purpose, the
provision of services to Native Hawaiians.
(6) Payday loan.--The term ''payday loan'' means any
transaction in which a small cash advance is made to a consumer
in exchange for--
(A) the personal check or share draft of the
consumer, in the amount of the advance plus a fee,
where presentment or negotiation of such check or share
draft is deferred by agreement of the parties until a
designated future date; or
(B) the authorization of the consumer to debit the
transaction account or share draft account of the
consumer, in the amount of the advance plus a fee,
where such account will be debited on or after a
designated future date.
(7) Secretary.--The term ''Secretary'' means the Secretary
of the Treasury.
(8) Tribal organization.--The term ''tribal organization''
has the same meaning as in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 3. EXPANDED ACCESS TO MAINSTREAM FINANCIAL INSTITUTIONS.

(a) Establishment of Program.--The Secretary is authorized to award
grants, including multi-year grants, to eligible entities to establish
an account in a federally insured depository institution for low- and
moderate-income individuals that currently do not have such an account.
(b) Eligible Entities.--An entity is eligible to receive a grant
under this section, if such an entity is--
(1) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986, and is exempt from taxation
under section 501(a) of such Code;
(2) a federally insured depository institution;
(3) an agency of a State or local government;
(4) a community development financial institution;
(5) an Indian tribal organization;
(6) an Alaska Native Corporation;
(7) a Native Hawaiian organization;
(8) a labor organization; or
(9) a partnership comprised of 1 or more of the entities
described in the preceding subparagraphs.
(c) Evaluation and Reports to Congress.--For each fiscal year in
which a grant is awarded under this section, the Secretary shall submit
a report to Congress containing a description of the activities funded,
amounts distributed, and measurable results, as appropriate and
available.

SEC. 4. LOW COST ALTERNATIVES TO PAYDAY LOANS.

(a) Establishment of Program.--The Secretary is authorized to award
demonstration project grants (including multi-year grants) to eligible
entities to provide low-cost, small loans to consumers that will
provide alternatives to more costly, predatory payday loans.
(b) Eligible Entities.--An entity is eligible to receive a grant
under this section if such an entity is--
(1) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code;
(2) a federally insured depository institution;
(3) a community development financial institution; or
(4) a partnership comprised of 1 or more of the entities
described in paragraphs (1) through (3).
(c) Terms and Conditions.--
(1) Percentage rate.--For purposes of this section, an
eligible entity that is a federally insured depository
institution shall be subject to the annual percentage rate
promulgated by the National Credit Union Administration's Loan
Interest Rates under part 701 of title 12, Code of Federal
Regulations (or any successor thereto), in connection with a
loan provided to a consumer pursuant to this section.
(2) Financial literacy and education opportunities.--Each
eligible entity awarded a grant under this section shall offer
financial literacy and education opportunities, such as
relevant counseling services or educational courses, to each
consumer provided with a loan pursuant to this section.
(d) Evaluation and Reports to Congress.--For each fiscal year in
which a grant is awarded under this section, the Secretary shall submit
a report to Congress containing a description of the activities funded,
amounts distributed, and measurable results, as appropriate and
available.

SEC. 5. PROCEDURAL PROVISIONS.

(a) Applications.--A person desiring a grant under section 3 or 4
shall submit an application to the Secretary, in such form and
containing such information as the Secretary may require.
(b) Limitation on Administrative Costs.--A recipient of a grant
under section 3 or 4 may use not more than 6 percent of the total
amount of such grant in any fiscal year for the administrative costs of
carrying out the programs funded by such grant in such fiscal year.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary, such sums
as are necessary to carry out the grant programs authorized by this
Act, to remain available until expended.

SEC. 7. REGULATIONS.

The Secretary is authorized to promulgate regulations to implement
and administer the grant programs authorized by this Act.

A: Improving Access to Mainstream Financial Institutions Act of 2008 - Authorizes the Secretary of the Treasury to award grants, including multi-year grants, to specified eligible entities to establish an account in a federally insured depository institution for low- and moderate-income individuals who currently do not have such an account. Includes among such eligible entities: (1) Alaska Native Corporations; (2) Native Hawaiian organizations; and (3) labor organizations.

Authorizes the Secretary to award demonstration project grants to eligible entities to provide low-cost, small loans to consumers that will provide alternatives to more costly, predatory payday loans. Requires such entities to be: (1) tax-exempt charitable organizations; (2) federally insured depository institutions; (3) community development financial institutions; or (4) partnerships comprised of one or more of such entities. Requires grant recipients to offer financial literacy and education opportunities to each consumer provided with a loan pursuant to this Act.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Physical Activity Guidelines for
Americans Act of 2008''.

SEC. 2. ESTABLISHMENT OF PHYSICAL ACTIVITY GUIDELINES.

(a) Report.--
(1) In general.--At least every 5 years, the Secretary of
Health and Human Services (in this Act referred to as the
''Secretary'') shall publish a report entitled ''Physical
Activity Guidelines for Americans''. Each such report shall
contain physical activity information and guidelines for the
general public, and shall be promoted by each Federal agency in
carrying out any Federal health program.
(2) Basis of guidelines.--The information and guidelines
contained in each report required under paragraph (1) shall be
based on the preponderance of the scientific and medical
knowledge which is current at the time the report is prepared.
(b) Approval by Secretary.--
(1) Review.--Any Federal agency that proposes to issue any
physical activity guidance for the general population or
identified population subgroups shall submit the text of such
guidance to the Secretary for a 60-day review period.
(2) Basis of review.--
(A) In general.--During the 60-day review period
established in paragraph (1), the Secretary shall
review and approve or disapprove such guidance to
assure that the guidance either is consistent with the
''Physical Activity Guidelines for Americans'' or that
the guidance is based on medical or new scientific
knowledge which is determined to be valid by the
Secretary. If after such 60-day review period the
Secretary has not notified the proposing agency that
such guidance has been disapproved, then such guidance
may be issued by the agency. If the Secretary
disapproves such guidance, it shall be returned to the
agency. If the Secretary finds that such guidance is
inconsistent with the ''Physical Activity Guidelines
for Americans'' and so notifies the proposing agency,
such agency shall follow the procedures set forth in
this subsection before disseminating such proposal to
the public in final form. If after such 60-day period,
the Secretary disapproves such guidance as inconsistent
with the ''Physical Activity Guidelines for Americans''
the proposing agency shall--
(i) publish a notice in the Federal
Register of the availability of the full text
of the proposal and the preamble of such
proposal which shall explain the basis and
purpose for the proposed physical activity
guidance;
(ii) provide in such notice for a public
comment period of 30 days; and
(iii) make available for public inspection
and copying during normal business hours any
comment received by the agency during such
comment period.
(B) Review of comments.--After review of comments
received during the comment period, the Secretary may
approve for dissemination by the proposing agency a
final version of such physical activity guidance along
with an explanation of the basis and purpose for the
final guidance which addresses significant and
substantive comments as determined by the proposing
agency.
(C) Announcement.--Any such final physical activity
guidance to be disseminated under subparagraph (B)
shall be announced in a notice published in the Federal
Register, before public dissemination along with an
address where copies may be obtained.
(D) Notification of disapproval.--If after the 30-
day period for comment as provided under subparagraph
(A)(ii), the Secretary disapproves a proposed physical
activity guidance, the Secretary shall notify the
Federal agency submitting such guidance of such
disapproval, and such guidance may not be issued,
except as provided in subparagraph (E).
(E) Review of disapproval.--If a proposed physical
activity guidance is disapproved by the Secretary under
subparagraph (D), the Federal agency proposing such
guidance may, within 15 days after receiving
notification of such disapproval under subparagraph
(D), request the Secretary to review such disapproval.
Within 15 days after receiving a request for such a
review, the Secretary shall conduct such review. If,
pursuant to such review, the Secretary approves such
proposed physical activity guidance, such guidance may
be issued by the Federal agency.
(3) Definitions.--In this subsection:
(A) The term ''physical activity guidance for the
general population'' does not include any rule or
regulation issued by a Federal agency.
(B) The term ''identified population subgroups''
shall include, but not be limited to, groups based on
factors such as age, sex, race, or physical disability.
(c) Existing Authority Not Affected.--This section does not place
any limitations on--
(1) the conduct or support of any scientific or medical
research by any Federal agency; or
(2) the presentation of any scientific or medical findings
or the exchange or review of scientific or medical information
by any Federal agency.

A:
Physical Activity Guidelines for Americans Act of 2008 - Requires the Secretary of Health and Human Services to publish a report that contains physical activity information and guidelines for the general public that are based on the preponderance of current scientific and medical knowledge. Requires any federal agency that proposes to issue any physical activity guidance for the general population or identified subgroups to submit the text of such guidance to the Secretary for review. Prescribes review procedures.
****