[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 915 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 915
To improve port and intermodal supply chain security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2009
Mr. Lautenberg (for himself, Mr. Menendez, Mrs. Gillibrand, and Mr.
Schumer) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve port and intermodal supply chain security.
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 ``Port Authority of
New York/New Jersey Port Security Task Force Implementation Act of
2009''.
(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 1 year after the date of enactment
of the Port Authority of New York/New Jersey Port Security Task Force
Implementation Act of 2009, 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.
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