[Congressional Record Volume 153, Number 94 (Tuesday, June 12, 2007)]
[Senate]
[Pages S7554-S7556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Inouye, Mr. Smith, and Mr. 
        Stevens):
  S. 1594. A bill to amend title 46, United States Code, to improve 
safety and security for especially hazardous cargoes, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. LAUTENBERG. Mr. President, I rise today to introduce the Maritime 
Hazardous Cargo Security Act of 2007 along with my colleagues Senators 
Inouye, Stevens, and Smith. As the bipartisan leaders of the Senate 
Committee on Commerce, Science, and Transportation and its Subcommittee 
on Surface Transportation and Merchant Marine Safety, Security, and 
Infrastructure, we have been working together over the course of this 
session to evaluate the risks posed by the transportation of especially 
hazardous cargo in the maritime sector. This bill is the result of 
exhaustive research and consultation with affected industries and the 
Department of Homeland Security. Ships bringing liquefied natural gas, 
LNG, from foreign ports as well as the facilities along America's 
shores that handle LNG must be better secured against terrorism.
  With so much focus on hazardous cargo that is transported on our 
roads and railways, we must not neglect the much larger shipments of 
hazardous cargoes that are carried by vessel. Energy supply challenges 
in our country have led to the proposals for approximately 70 new 
shoreside facilities in the United States to receive liquefied natural 
gas via oceangoing tank vessel. Many of the safety and security risks 
of the transportation of this commodity are known and have been 
detailed by the Government Accountability Office. Furthermore, other 
chemicals and petrochemicals can present even greater security risks.
  The shipping system for these commodities is international in scope, 
so our bill would require the administration to work with our 
international trading partners to develop standards of care to 
adequately protect those ships, facilities, employees and nearby 
communities and residents from attacks involving these and other 
hazardous cargoes. Our proposal would require significant steps to 
protect the safety and security of our regional and national economies, 
and the public health, from the potential hazards of high risk cargo 
transported by ship.
  Specifically the Maritime Hazardous Cargo Act of 2007 would: Direct 
the Administration to work with international partners to develop 
standards and procedures for the safe and secure handling of especially 
hazardous cargoes, EHC, for all vessels and port facilities; require 
successful completion of U.S. Coast Guard Incident Command System, ICS, 
training for all personnel responsible for the safety and security of a 
vessel in port; require the Department of Homeland Security to develop 
regional response and recovery plans for the resumption of commerce 
after disruption by a security incident; authorize the U.S. Coast Guard 
to develop cost share plans for security costs associated with high-
risk U.S. facilities; authorize assistance to foreign ports that handle 
and transport EHC's for the purpose of complying with or exceeding 
current International Ship and Port Facility Code, ISPFC, standards; 
authorize voluntary third party validation of international port 
facilities to certify they meet or exceed international safety 
standards; and require the U.S. Coast Guard to develop a resource 
allocation plan to show how its proposed budget will be used for EHC 
security operations and to report to Congress biannually.
  In summary, the Maritime Hazardous Cargo Act of 2007 will require 
strengthening of Federal protections against terrorist attacks on 
facilities and vessels that transport, handle, and store especially 
hazardous cargoes, EHC's. The transportation of EHC's by ship can pose 
a significant risk to the public safety and the economic security of 
the Nation, particularly the transportation of chemicals and 
petrochemicals such as anhydrous ammonia, ammonium nitrate, chlorine, 
liquefied natural gas and liquefied petroleum gas. Currently, no 
international standards exist for the safe and secure handling of these 
chemicals/petrochemicals by ship and limited U.S. Coast Guard resources 
for EHC security poses a dangerous risk to our communities. Further, I 
intend to work with my cosponsors and other colleagues to ensure there 
are sufficient resources in the Federal budget to carry out the 
provisions of the bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1594

       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''.

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       (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

[[Page S7556]]

     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 term ``especially 
     hazardous cargo'' means anhydrous ammonia, ammonium nitrate, 
     chlorine, liquefied natural gas, liquefied petroleum gas, and 
     any other substance identified by the Secretary of the 
     department in which the Coast Guard is operating as 
     especially hazardous cargo.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
                                 ______