[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1594 Introduced in Senate (IS)]

  1st Session
                                S. 1594

   To amend title 46, United States Code, to improve port safety and 
   security for especially hazardous cargos, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2007

 Mr. Lautenberg (for himself, Mr. Inouye, Mr. Smith, and Mr. Stevens) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend title 46, United States Code, to improve port safety and 
   security for especially hazardous cargos, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Maritime Hazardous 
Cargo Security Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. International committee for the safe and secure transportation 
                            of especially hazardous cargo.
Sec. 3. Validation of compliance with ISPFC standards.
Sec. 4. Safety and security assistance for foreign ports.
Sec. 5. Coast Guard port assistance program.
Sec. 6. EHC facility risk-based cost sharing.
Sec. 7. Transportation security incident mitigation plan.
Sec. 8. Coast Guard national resource allocation plan.
Sec. 9. Incident command system training.
Sec. 10. Conveyance of certain National Defense Reserve Fleet Vessels.
Sec. 11. Pre-positioning interoperable communications equipment at 
                            interagency operational centers.
Sec. 12. Definitions.

SEC. 2. INTERNATIONAL COMMITTEE FOR THE SAFE AND SECURE TRANSPORTATION 
              OF ESPECIALLY HAZARDOUS CARGO.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by inserting after section 70109 the following:
``Sec. 70109A. International committee for the safe and secure 
              transportation of especially hazardous cargo
    ``(a) In General.--The Secretary, in consultation with the 
Secretary of State and other appropriate entities, shall, in a manner 
consistent with international treaties, conventions, and agreements to 
which the United States is a party, establish a committee that includes 
representatives of United States trading partners that supply tank or 
break-bulk shipments of especially hazardous cargo to the United 
States.
    ``(b) Safe and Secure Loading, Unloading, and Transportation of 
Especially Hazardous Cargoes.--In carrying out this section, the 
Secretary, in cooperation with the International Maritime Organization 
and in consultation with the International Standards Organization and 
shipping industry stakeholders, shall develop protocols, procedures, 
standards, and requirements for receiving, handling, loading, 
unloading, vessel crewing, and transportation of especially hazardous 
cargo to promote the safe and secure operation of ports, facilities, 
and vessels that transport especially hazardous cargo to the United 
States.
    ``(c) Deadlines.--The Secretary shall--
            ``(1) initiate the development of the committee within 180 
        days after the date of enactment of the Maritime Hazardous 
        Cargo Security Act; and
            ``(2) endeavor to have the protocols, procedures, 
        standards, and requirements developed by the committee take 
        effect within 3 years after the date of enactment of that Act.
    ``(d) Reports.--The Secretary shall report annually to the Senate 
Committee on Commerce, Science, and Transportation, the House of 
Representatives Committee on Transportation and Infrastructure, and the 
House of Representatives Committee on Homeland Security on the 
development, implementation, and administration of the protocols, 
procedures, standards, and requirements developed by the committee 
established under subsection (a).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 701 of 
title 46, United States Code, is amended by inserting after the item 
relating the section 70109 the following:

``70109A. International committee for the safe and secure 
                            transportation of especially hazardous 
                            cargo.''.

SEC. 3. VALIDATION OF COMPLIANCE WITH ISPFC STANDARDS.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by inserting after section 70110 the following:
``70110A. Port safety and security validations
    ``(a) In General.--The Secretary, in consultation with the 
Secretary of State, shall, in a manner consistent with international 
treaties, conventions, and agreements to which the United States is a 
party, develop and implement a voluntary program under which foreign 
ports and facilities can certify their compliance with applicable 
International Ship and Port Facility Code standards.
    ``(b) Third-Party Validation.--
            ``(1) In general.--In carrying out this section, the 
        Secretary, in cooperation with the International Maritime 
        Organization and the International Standards Organization, 
        shall develop and implement a program under which independent, 
        third-party entities are certified to validate a foreign port's 
        or facility's compliance under the program developed under 
        subsection (a).
            ``(2) Program components.--The international program shall 
        include--
                    ``(A) international inspection protocols and 
                procedures;
                    ``(B) minimum validation standards to ensure a port 
                or facility meets the applicable International Ship and 
                Port Facility Code standards;
                    ``(C) recognition for foreign ports or facilities 
                that exceed the minimum standards;
                    ``(D) uniform performance metrics by which 
                inspection validations are to be conducted;
                    ``(E) a process for notifying a port or facility, 
                and its host nation, of areas of concern about the 
                port's or facility's failure to comply with 
                International Ship and Port Facility Code standards;
                    ``(F) provisional or probationary validations;
                    ``(G) conditions under which routine monitoring is 
                to occur if a port or facility receives a provisional 
                or probationary validation;
                    ``(H) a process by which failed validations can be 
                appealed; and
                    ``(I) an appropriate cycle for re-inspection and 
                validation.
    ``(c) Certification of Third Party Entities.--The Secretary may not 
certify a third party entity to validate ports or facilities under 
subsection (b) unless--
            ``(1) the entity demonstrates to the satisfaction of the 
        Secretary the ability to perform validations in accordance with 
        the standards, protocols, procedures, and requirements 
        established by the program implemented under subsection (a); 
        and
            ``(2) the entity has no beneficial interest in or any 
        direct control over the port and facilities being inspected and 
        validated.
    ``(d) Monitoring--The Secretary shall regularly monitor and audit 
the operations of each third party entity conducting validations under 
this section to ensure that it is meeting the minimum standards, 
operating protocols, procedures, and requirements established by 
international agreement.
    ``(e) Revocation.--The Secretary shall revoke the certification of 
any entity determined by the Secretary not to meet the minimum 
standards, operating protocol, procedures, and requirements established 
by international agreement for third party entity validations.
    ``(f) Protection of Security and Proprietary Information.--In 
carrying out this section, the Secretary shall take appropriate actions 
to protect from disclosure information that--
            ``(1) is security sensitive, proprietary, or business 
        sensitive; or
            ``(2) is otherwise not appropriately in the public domain.
    ``(g) Deadlines.--The Secretary shall--
            ``(1) initiate procedures to carry out this section within 
        180 days after the date of enactment of the Maritime Hazardous 
        Cargo Security Act; and
            ``(2) develop standards under subsection (b) for third 
        party validation within 2 years after the date of enactment of 
        that Act.
    ``(h) Reports.--The Secretary shall report annually to the Senate 
Committee on Commerce, Science, and Transportation, the House of 
Representatives Committee on Transportation and Infrastructure, and the 
House of Representatives Committee on Homeland Security on activities 
conducted pursuant to this section.''.
    (c) Conforming Amendment.--The chapter analysis for chapter 701 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 70110 the following:

``70110A. Port safety and security validations.''.

SEC. 4. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.

    (a) In General.--Section 70110(e)(1) of title 46, United States 
Code, is amended by striking the second sentence and inserting the 
following: ``The Secretary shall establish a strategic plan to utilize 
those assistance programs to assist ports and facilities that are found 
by the Secretary under subsection (a) not to maintain effective 
antiterrorism measures in the implementation of port security 
antiterrorism measures.''.
    (b) Conforming Amendments.--
            (1) Section 70110 of title 46, United States Code, is 
        amended--
                    (A) by inserting ``OR FACILITIES'' after ``PORTS'' 
                in the section heading;
                    (B) by inserting ``or facility'' after ``port'' 
                each place it appears; and
                    (C) by striking ``Ports'' in the heading for 
                subsection (e) and inserting ``Ports, Facilities,''.
            (2) The chapter analysis for chapter 701 of title 46, 
        United States Code, is amended by striking the item relating to 
        section 70110 and inserting the following:

``70110. Actions and assistance for foreign ports or facilities and 
                            United States territories.''.

SEC. 5. COAST GUARD PORT ASSISTANCE PROGRAM.

    Section 70110 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(f) Coast Guard Lend-Lease Assistance.--
            ``(1) In general.--The Secretary may lend, lease, or 
        otherwise provide equipment, and provide technical training and 
        support, to the owner or operator of a foreign port or 
        facility--
                    ``(A) to assist in bringing the port or facility 
                into compliance with applicable International Ship and 
                Port Facility Code standards;
                    ``(B) to assist the port or facility in meeting 
                standards established under section 70109A of this 
                chapter; and
                    ``(C) to assist the port or facility in exceeding 
                the standards described in subparagraph (A) and (B).
            ``(2) Conditions.--The Secretary--
                    ``(A) shall provide such assistance based upon an 
                assessment of the risks to the security of the United 
                States and the inability of the owner or operator of 
                the port or facility otherwise to bring the port or 
                facility into compliance with those standards and to 
                maintain compliance with them; but
                    ``(B) may not provide such assistance unless the 
                facility or port has been subjected to a comprehensive 
                port security assessment by the Coast Guard or a third 
                party entity certified by the Secretary under section 
                70110A(b) to validate foreign port or facility 
                compliance with International Ship and Port Facility 
                Code standards.
            ``(3) Deadline.--The Secretary shall identify ports and 
        facilities that qualify for assistance under this subsection 
        within 180 days after the date of enactment of the Maritime 
        Hazardous Cargo Security Act.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as may 
        be necessary to carry out this subsection.''.

SEC. 6. EHC FACILITY RISK-BASED COST SHARING.

    The Commandant shall identify facilities sited or constructed on or 
adjacent to the navigable waters of the United States that receive, 
handle, load, or unload especially hazardous cargos that pose a risk 
greater than an acceptable risk threshhold, as determined by the 
Secretary under a uniform risk assessment methodology. The Secretary 
may establish a security cost-share plan to assist the Coast Guard in 
providing security for the transportation of especially hazardous cargo 
to such facilities.

SEC. 7. TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN.

    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;''.

SEC. 8. COAST GUARD NATIONAL RESOURCE ALLOCATION PLAN.

    The Commandant shall develop a national resource allocation plan 
for Coast Guard assets and resources necessary to meet safety and 
security requirements associated with receiving, handling, and loading 
especially hazardous cargo at United States ports and facilities, 
taking into account the Coast Guard assets and resources necessary to 
execute other Coast Guard missions. The Secretary shall submit the plan 
to the Congress at the same time as the President submits the Budget of 
the United States for fiscal year 2009, together with an estimate of 
the operational and capital costs required to assure an acceptable 
level of safety and security under the plan.

SEC. 9. INCIDENT COMMAND SYSTEM TRAINING.

    The Secretary shall ensure that Federal, State, and local personnel 
responsible for the safety and security of vessels in port carrying 
especially hazardous cargo have successfully completed training in the 
Coast Guard's incident command system.

SEC. 10. CONVEYANCE OF CERTAIN NATIONAL DEFENSE RESERVE FLEET VESSELS.

    Section 57102 of title 46, United States Code, is amended--
            (1) by striking ``vessel or sell the vessel for cash.'' in 
        subsection (a) and inserting ``vessel, sell the vessel for 
        cash, or convey the vessel under subsection (c) to the owner or 
        operator of a port.''; and
            (2) by adding at the end thereof the following:
    ``(c) Conveyance to Port Authority.--The Secretary, after 
consultation with the Maritime Administration, may convey a vessel 
described in subsection (a) to the owner or operator of a United States 
or foreign port--
            ``(1) for use in safety or security operations at that 
        port;
            ``(2) with or without compensation; and
            ``(3) subject to such limitations on its use and further 
        disposition as the Secretary determines to be appropriate.''.

SEC. 11. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT AT 
              INTERAGENCY OPERATIONAL CENTERS.

    Section 70107A of title 46, United States Code, is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Deployment of Interoperable Communications Equipment at 
Interagency Operational Centers.--
            ``(1) In general.--The Secretary shall ensure that 
        interoperable communications technology is deployed at all 
        interagency operational centers established under subsection 
        (a).
            ``(2) Considerations.--In carrying out paragraph (1), the 
        Secretary shall consider the continuing technological evolution 
        of communications technologies and devices, with its implicit 
        risk of obsolescence, and shall ensure, to the maximum extent 
        feasible, that a substantial part of the technology deployed 
        involves prenegotiated contracts and other arrangements for 
        rapid deployment of equipment, supplies, and systems rather 
        than the warehousing or storage of equipment and supplies 
        currently available at the time the technology is deployed.
            ``(3) Requirements and characteristics.--The interoperable 
        communications technology deployed under paragraph (1) shall--
                    ``(A) be capable of re-establishing communications 
                when existing infrastructure is damaged or destroyed in 
                an emergency or a major disaster;
                    ``(B) include appropriate current, widely-used 
                equipment, such as Land Mobile Radio Systems, cellular 
                telephones and satellite equipment, Cells-On-Wheels, 
                Cells-On-Light-Trucks, or other self-contained mobile 
                cell sites that can be towed, backup batteries, 
                generators, fuel, and computers;
                    ``(C) include contracts (including prenegotiated 
                contracts) for rapid delivery of the most current 
                technology available from commercial sources;
                    ``(D) include arrangements for training to ensure 
                that personnel are familiar with the operation of the 
                equipment and devices to be delivered pursuant to such 
                contracts; and
                    ``(E) be utilized as appropriate during live area 
                exercises conducted by the United States Coast Guard.
            ``(4) Additional characteristics.--Portions of the 
        communications technology deployed under paragraph (1) may be 
        virtual and may include items donated on an in-kind 
        contribution basis.
            ``(5) Rule of construction.--Nothing in this subsection 
        shall be construed or interpreted to preclude the use of funds 
        under this section by the Secretary for interim or long-term 
        Internet Protocol-based interoperable solutions, 
        notwithstanding compliance with the Project 25 standard.''.

SEC. 12. DEFINITIONS.

    In this Act:
            (1) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (2) Especially hazardous cargo.--The t