S 915 ISCommentsClose CommentsPermalink

To improve port and intermodal supply chain security.CommentsClose CommentsPermalink

April 28, 2009CommentsClose CommentsPermalink

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 TransportationCommentsClose CommentsPermalink

To improve port and intermodal supply chain security.CommentsClose CommentsPermalink

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

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’.CommentsClose CommentsPermalink





(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Secure systems of international intermodal transportation.CommentsClose CommentsPermalink





Sec. 3. Regional recovery plans.CommentsClose CommentsPermalink





Sec. 4. National tactical plans.CommentsClose CommentsPermalink





Sec. 5. Risk based resource allocation.CommentsClose CommentsPermalink





Sec. 6. Use of maritime security risk assessment model.CommentsClose CommentsPermalink





Sec. 7. Maritime and cargo security integrated project teams.CommentsClose CommentsPermalink





Sec. 8. Integration of security plans and systems with local port authority and law enforcement agencies.CommentsClose CommentsPermalink





Sec. 9. Standardized policy for advanced notice of Coast Guard boarding for security or port State control inspections.CommentsClose CommentsPermalink





Sec. 10. Fraudulent or tampered with transportation worker identification cards.CommentsClose CommentsPermalink





Sec. 11. Federal licensing of ship agents.CommentsClose CommentsPermalink





Sec. 12. Establishment of a security individual.CommentsClose CommentsPermalink





Sec. 13. Certification of maritime security guards.CommentsClose CommentsPermalink





Sec. 14. Grants to tier 1 and tier 2 ports require regional strategic risk management assessment.CommentsClose CommentsPermalink





Sec. 15. Vessel security plans for supply and similar vessels.CommentsClose CommentsPermalink

SEC. 2. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.

Section 70116 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘transportation.’ in subsection (a) and inserting ‘transportation--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(2) to facilitate the movement of such goods through the entire supply chain through an expedited security and clearance program.’; andCommentsClose CommentsPermalink





(2) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) establish standards and procedures for securing cargo and monitoring that security while in transit;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(5) establish standards and procedures that will enable the United States Government to ensure and validate compliance with those standards and procedures; andCommentsClose CommentsPermalink





‘(6) incorporate any other measures the Secretary considers necessary to ensure the security and integrity of international intermodal transport movements.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 3. REGIONAL RECOVERY PLANS.

(a) ESTABLISHMENT- Section 70103(b)(2) of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (D) the following:CommentsClose CommentsPermalink





‘(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;’.CommentsClose CommentsPermalink





(b) COORDINATION OF PLANS- Section 70103(b)(1) of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ after the semicolon in subparagraph (F);CommentsClose CommentsPermalink





(2) by redesignating subparagraph (G) as subparagraph (H); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (F) the following:CommentsClose CommentsPermalink





‘(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’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) by striking ‘and’ after the semicolon in paragraph (1);CommentsClose CommentsPermalink





(2) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) utilizes the Area Maritime Transportation Security Plans established under section 70103(b) of title 46, United States Code, in conducting such exercises; and’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) OTHER USES OF STANDARD- The Secretary shall utilize the standard when considering departmental resource allocations and grant-making decisions.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 7. MARITIME AND CARGO SECURITY INTEGRATED PROJECT TEAMS.

The Secretary of Homeland Security shall--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) provide for participation by port authorities or the appropriate State agency responsible for oversight of port areas in such activities.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(c) SHARING OF ASSESSMENT; INTEGRATION OF PLANS AND EQUIPMENT- The owner or operator of a facility shall--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘70122. Incident command system training.’.CommentsClose CommentsPermalink

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.’.CommentsClose CommentsPermalink

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;’.CommentsClose CommentsPermalink





(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)’.CommentsClose CommentsPermalink





(c) EFFECTIVE DATE- The amendments made by this section shall take effect 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink

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