109th CONGRESS
2d Session

H. R. 4833

To require that only United States persons may control security operations at seaports in the United States or enter into agreements to conduct such security operations.

IN THE HOUSE OF REPRESENTATIVES

March 1, 2006

Mr. DOOLITTLE introduced the following bill; which was referred to the Committee on Homeland Security

A BILL

To require that only United States persons may control security operations at seaports in the United States or enter into agreements to conduct such security operations.

    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 `Americans Securing American Ports (ASAP) Act'.

SEC. 2. SECURITY OPERATIONS OF U.S. SEAPORTS BY U.S. PERSONS.

    (a) Requirements- The Secretary of Homeland Security shall require that only United States persons may--

      (1) control security operations at any seaport in the United States; or

      (2) enter into any contract or other agreement to conduct such security operations.

    (b) Background Checks- No individual may carry out security operations at any seaport of the United States unless the Secretary of Homeland Security has conducted a background check of that individual and approved that individual for such security operations on the basis of the background check.

    (c) Regulations- The Secretary of Homeland Security shall promulgate such regulations as may be necessary to enforce the requirements of subsections (a) and (b), including requiring any person to furnish, in the form of reports or otherwise, such information as is necessary to enforce such requirements.

    (d) Penalties- Any person who violates any requirement of subsection (a) or (b) or any regulation promulgated under subsection (c) shall be subject to the penalties under section 206 of the International Emergency Economic Powers Act (50 U.S. 1705) to the same extent as such penalties apply to violations under that Act.

    (e) Employees- Nothing in this section prohibits an alien who is lawfully present in the United States from performing security operations in the course of employment by a United States person that controls such security operations.

    (f) Definition- In this section:

      (1) STATE- The term `State' means any of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

      (2) UNITED STATES PERSON- The term `United States person' means--

        (A) any United States citizen;

        (B) any person other than an individual, if United States citizens own or control at least 51 percent of the securities or other equity interest in such person; or

        (C) any agency or instrumentality of the Federal Government or any State or local government.

      (3) UNITED STATES- The term `United States' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

SEC. 3. EFFECTIVE DATE.

    This Act shall take effect 90 days after the date of the enactment of this Act.

END