[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1385 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1385

   To amend title 46, United States Code, to improve port safety and 
                               security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2009

 Mr. Lautenberg (for himself, Mr. Rockefeller, Mrs. Hutchison, and Mr. 
Thune) 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Hazardous Cargo Security 
Act''.

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, is authorized to 
promote, in a manner consistent with international treaties, 
conventions, and agreements to which the United States is a party, the 
establishment of a committee within the International Maritime 
Organization that includes representatives of United States trading 
partners that supply tank, bulk, or break-bulk vessel 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. INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE.

    (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 the entity--
            ``(1) is a recognized security organization (as defined in 
        the applicable International Ship and Port Facility Code 
        Standard);
            ``(2) 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
            ``(3) 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 Assistance Program.--
            ``(1) In general.--The Secretary may lend, lease, donate, 
        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 or exceed compliance with them;
                    ``(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; and
                    ``(C) may only lend, lease, or otherwise provide 
                equipment that the Secretary has first determined is 
                not required by the Coast Guard for the performance of 
                its missions.''.

SEC. 6. NATIONAL STRATEGY FOR WATERSIDE SECURITY OF LIQUEFIED NATURAL 
              GAS AND OTHER ESPECIALLY HAZARDOUS CARGOES.

    (a) Study and Evaluation.--
            (1) In general.--The Secretary, acting through the 
        Commandant, shall--
                    (A) initiate a national study to identify measures 
                to improve the security of maritime transportation of 
                liquefied natural gas and other especially hazardous 
                cargoes; and
                    (B) coordinate with other Federal agencies, the 
                National Maritime Security Advisory Committee, and 
                appropriate State and local government officials 
                through the Area Maritime Security Committees and other 
                existing coordinating committees, to evaluate the 
                waterside security of vessels carrying, and waterfront 
                facilities handling, especially hazardous cargo.
            (2) Matters to be included.--The study conducted under this 
        section shall include--
                    (A) an analysis of existing risk assessment data 
                relating to waterside security generated by the Coast 
                Guard and Area Maritime Security Committees as part of 
                the Maritime Security Risk Assessment Model;
                    (B) a review and analysis of appropriate roles and 
                responsibilities of maritime stakeholders, including 
                Federal, State and local law enforcement and industry 
                security personnel, responsible for waterside security 
                of vessels carrying, and waterfront facilities 
                handling, especially hazardous cargo;
                    (C) recommendations for risk-sensitive measures to 
                improve waterside security of vessels carrying, and 
                waterfront facilities handling, especially hazardous 
                cargo;
                    (D) identification of security funding 
                alternatives, including an analysis of the potential 
                for cost-sharing by public and private sectors; and
                    (E) recommendations regarding operational standards 
                and training qualifications for personnel conducting 
                waterside security for vessels carrying, and waterfront 
                facilities handling, especially hazardous cargo.
            (3) Information protection.--In carrying out the 
        coordination necessary to effectively complete the study, the 
        Commandant shall implement measures to ensure the protection of 
        any special sensitive information or classified information 
        collected, reviewed, or shared during collaborative engagement 
        with maritime stakeholders and other Government entities.
            (4) Report.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary, acting through the 
        Commandant of the Coast Guard, shall submit to the Committee on 
        Transportation and Infrastructure and the Committee on Homeland 
        Security of the House of Representatives, and the Committee on 
        Commerce, Science, and Transportation and the Committee on 
        Homeland Security and Governmental Affairs of the Senate a 
        report on the results of the study under this section.
    (b) Development of National Strategy.--Not later than 18 months 
after the date of enactment of this Act, the Secretary, acting through 
the Commandant, shall develop, in conjunction with appropriate Federal 
agencies, a national strategy for the waterside security of vessels 
carrying, and waterfront facilities handling, especially hazardous 
cargo. The strategy shall utilize the results of the study required by 
subsection (a).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $2,000,000 for all necessary expenses as 
may be required to carry out the purposes of this section, including 
travel, conference expenses, document development, printing and 
reproduction, and contractor support. Amounts made available under this 
subsection shall remain available until expended.

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. 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 
Department of Homeland Security's incident command system protocols.

SEC. 9. 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. 10. DEFINITIONS.

    In this Act:
            (1) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (2) Especially hazardous cargo.--The term ``especially 
        hazardous cargo'' means anhydrous ammonia, ammonium nitrate, 
        chlorine, liquefied natural gas, liquefied petroleum gas, and 
        any other substance or materials identified as an especially 
        hazardous cargo by the Secretary of the department in which the 
        Coast Guard is operating.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating.
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