I 

111TH CONGRESS 

2D SESSION H. R. 5684 

To direct the Secretary of Homeland Security to commission an independent 

review of the threat of a terrorist attack posed to offshore energy infrastructure in the Gulf of Mexico, the vulnerabilities of such infrastructure 

to such attacks, and the consequences of such attacks, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2010 

Mr. CAO introduced the following bill; which was referred to the Committee 

on Homeland Security, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Homeland Security to commission 

an independent review of the threat of a terrorist attack 

posed to offshore energy infrastructure in the Gulf of 

Mexico, the vulnerabilities of such infrastructure to such 

attacks, and the consequences of such attacks, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Maritime Infrastruc3 ture Security and Counterterrorism Act’’. 

4 SEC. 2. INDEPENDENT REVIEW OF RISK MANAGEMENT. 

5 (a) IN GENERAL.—Not later than 60 days after the 

6 date of enactment of this Act, the Secretary of Homeland 

7 Security, acting through the Commandant of the Coast 

8 Guard, shall commission an independent review of— 

9 (1) the threats of terrorist attack posed to off10 shore energy infrastructure in the Gulf of Mexico, 

11 the vulnerabilities of such infrastructure to such at12 tacks, and the consequences of such attacks; and 

13 (2) whether the Coast Guard can adequately se14 cure such infrastructure in a manner that addresses 

15 the current threat environment. 

16 (b) INCLUDED INFRASTRUCTURE.—The infrastruc17 ture examined by the study shall include offshore facilities, 

18 mobile offshore drilling units, and other vessels used for 

19 exploration, development, or production of energy. 

20 SEC. 3. SECURITY PLANS. 

21 (a) REVIEW OF EXISTING PLANS.—Not later than 

22 180 days after the date of enactment of this Act, the Sec23 retary of Homeland Security shall— 

24 (1) review all vessel security plans approved 

25 under section 70103 of title 46, United States Code, 

26 for mobile offshore drilling units and other vessels 


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1 used for exploration, development, or production of 

2 energy in the Gulf of Mexico; and 

3 (2) assess whether such plans take into account 

4 the threats of terrorist attack posed to such vessels, 

5 the vulnerabilities of such vessels to such attacks, 

6 and the consequences of such attacks on such ves7 sels. 

8 (b) INCREASED FREQUENCY OF REVIEW.—Section 

9 70103(c) of title 46, United States Code, is amended by 

10 adding at the end the following new paragraph: 

11 ‘‘(9) The Secretary shall, at least every two 

12 years— 

13 ‘‘(A) review each vessel security plan ap14 proved under this section for a mobile offshore 

15 drilling unit or other vessel used for explo16 ration, development, or production of energy in 

17 the Gulf of Mexico; and 

18 ‘‘(B) recommend countermeasures that 

19 should be implemented, at vessel operator’s ex20 pense, to— 

21 ‘‘(i) make the vessel a less attractive 

22 target for terrorist attack; and 

23 ‘‘(ii) more difficult for terrorists to at24 tack.’’. 


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1 (c) RISK MANAGEMENT.—Section 70103(c) of title 

2 46, United States Code, is further amended by adding at 

3 the end the following new paragraph: 

4 ‘‘(10) The Secretary shall conduct risk manage5 ment according to the Department of Homeland Se6 curity’s National Infrastructure Protection Plan 

7 Risk Management framework to assess and manage 

8 risks of terrorist attacks in the Gulf of Mexico to 

9 offshore critical infrastructure.’’. 

10 SEC. 4. COUNTERTERRORISM ACTIVITIES. 

11 (a) IN GENERAL.—The Commandant of the Coast 

12 Guard shall— 

13 (1) by not later than 120 days after the date 

14 of enactment of this Act, plan counterterrorism 

15 training for all Coast Guard Maritime Safety and 

16 Security Teams and the Maritime Security Response 

17 Team; and 

18 (2) conduct exercises in counterterrorism at 

19 least twice each year that focus on countering ter20 rorist threats and vulnerabilities to offshore facilities 

21 and include coordination with State and local law 

22 enforcement. 

23 (b) ESTABLISHMENT AND PERMANENT LOCATION OF

24 MARITIME SAFETY AND SECURITY TEAM.—Not later 

25 than 90 days after the date of enactment of this Act, the 


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1 Commandant of the Coast Guard shall establish and per2 manently locate an additional Maritime Safety and Secu3 rity Team in the area of the Gulf of Mexico to provide 

4 advanced counterterrorism capabilities for critical infra5 structure in the area. 

6 SEC. 5. AUTOMATIC IDENTIFICATION CAPABILITIES. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Commandant of the Coast Guard shall 

9 issue regulations that require that all offshore maritime 

10 vessels, including offshore facilities, mobile offshore drill11 ing units, and other vessels used for exploration, develop12 ment, or production of energy, be equipped with automatic 

13 identification capabilities for the purposes of monitoring 

14 vessel movements and improving port security situational 

15 awareness. 

16 SEC. 6. AERIAL SURVEILLANCE. 

17 The Coast Guard and U.S. Customs and Border Pro18 tection shall coordinate the conduct of regular aerial sur19 veillance of the critical infrastructure in the Gulf of Mex20 ico. 

21 SEC. 7. AMERICA’S WATERWAY WATCH PROGRAM. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘America’s Waterway Watch Act’’. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that the Secretary of Homeland Security should esVerDate Mar 15 2010 01:56 Jul 03, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5684.IH H5684

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1 tablish, within the Department of Homeland Security, cit2 izen watch programs that promote voluntary reporting of 

3 suspected terrorist activity and suspicious behavior. 

4 (c) AMERICA’S WATERWAY WATCH PROGRAM.— 

5 (1) IN GENERAL.—There is hereby established, 

6 within the Coast Guard, the America’s Waterway 

7 Watch Program (hereinafter in this section referred 

8 to as the ‘‘Program’’). 

9 (2) PURPOSE.—The Secretary of Homeland Se10 curity, acting through the Commandant of the Coast 

11 Guard, shall administer the Program in a manner 

12 that promotes voluntary reporting of activities that 

13 may indicate that a person or persons may be pre14 paring to engage or engaging in a violation of law 

15 relating to a threat or an act of terrorism (as that 

16 term is defined in section 3077 of title 18, United 

17 States Code) against a vessel, facility, port, or wa18 terway. 

19 (3) INFORMATION; TRAINING.— 

20 (A) INFORMATION.—The Secretary, acting 

21 through the Commandant, may establish, as an 

22 element of the Program, a network of individ23 uals and community-based organizations that 

24 enhance the situational awareness within the 

25 Nation’s ports and waterways. Such network 


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1 shall, to the extent practicable, be conducted in 

2 cooperation with Federal, State, and local law 

3 enforcement agencies. 

4 (B) TRAINING.—The Secretary, acting 

5 through the Commandant, may provide training 

6 in— 

7 (i) observing and reporting on covered 

8 activities; and 

9 (ii) sharing such reports and coordi10 nating the response by Federal, State, and 

11 local law enforcement agencies. 

12 (4) INSTRUCTIONAL MATERIALS.— 

13 (A) IN GENERAL.—The Secretary of 

14 Homeland Security, acting through the Com15 mandant of the Coast Guard, may— 

16 (i) develop instructional materials 

17 that— 

18 (I) provide information on inland 

19 waterways, ports and harbors, and 

20 coastal regions for a specific region, 

21 as well as specific vulnerabilities and 

22 threats common to a specific region; 

23 and 

24 (II) promote voluntary reporting 

25 of activities that may indicate that a 


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1 person or persons may be preparing 

2 to engage or engaging in a violation of 

3 law relating to a threat or an act of 

4 terrorism (as that term is defined in 

5 section 3077 of title 18, United States 

6 Code) against a vessel, facility, port, 

7 or waterway; and 

8 (ii) distribute such materials to 

9 States, political subdivisions of the States, 

10 or non-governmental organization that pro11 vide instruction on boating or vessel oper12 ation in conjunction with any other in13 struction provided. 

14 (B) DISSEMINATION.—The Secretary, act15 ing through the Commandant— 

16 (i) shall ensure that such materials 

17 are made available to any person or per18 sons; 

19 (ii) is authorized to require, as a con20 dition of receipt of funding or materials, 

21 pursuant to subparagraph (A), that the re22 cipient of such funding or materials devel23 ops a program to reach the widest possible 

24 audience; and 


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1 (iii) utilize, as appropriate, the Coast 

2 Guard Auxiliary for the education of the 

3 public and dissemination of such materials. 

4 (C) ELIGIBILITY, FEDERAL ASSISTANCE.— 

5 The receipt, use, and dissemination of such ma6 terials shall not diminish the eligibility of any 

7 State, political subdivision of such State, or 

8 non-governmental organization to receive Fed9 eral assistance or reduce the amount of Federal 

10 assistance that such State, political subdivision 

11 of such State, or non-governmental organization 

12 that otherwise receive. 

13 (5) VOLUNTARY PARTICIPATION.—Participation 

14 in the Program— 

15 (A) shall be wholly voluntary; 

16 (B) shall not be a prerequisite to eligibility 

17 for, or receipt of, any other service or assistance 

18 from, or to participation in, any other program 

19 of any kind; and 

20 (C) shall not require disclosure of informa21 tion regarding the individual reporting covered 

22 activities or, for proprietary purposes, the loca23 tion of such individual. 

24 (6) DEFINITIONS.—In this subsection: 


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1 (A) The term ‘‘covered activity’’ means any 

2 suspicious transaction, activity, or occurrence 

3 that involves, or is directed against, a vessel or 

4 facility (as that term is defined in section 

5 70101(2) of title 46, United States Code) indi6 cating that an individual or individuals may be 

7 preparing to engage, or engaging, in a violation 

8 of law relating to— 

9 (i) a threat to a vessel, facility, port, 

10 or waterway; or 

11 (ii) an act of terrorism (as that term 

12 is defined in section 3077 of title 18, 

13 United States Code). 

14 (B) The term ‘‘facility’’ has the same 

15 meaning such term has in section 70101(2) of 

16 title 46, United States Code. 

17 (7) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated for the pur19 poses of this section $3,000,000 for fiscal years 

20 2011 through 2016. Such funds shall remain avail21 able until expended. 

22 (d) COORDINATION.—The Secretary shall coordinate 

23 the Program with other like watch programs. The Sec24 retary shall submit, concurrent with the President’s budg25 et submission for each fiscal year, through fiscal year 


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1 2017, a report on coordination of the Program and like 

2 watch programs within the Department of Homeland Se3 curity to the Committee on Homeland Security and Gov4 ernmental Affairs of the Senate and the Committee on 

5 Homeland Security of the House of Representatives. 

6 SEC. 8. TRANSPORTATION WORKER IDENTIFICATION CRE7 DENTIAL. 

8 (a) IN GENERAL.—Not later than 120 days after 

9 completing the pilot program under section 70105(k)(1) 

10 of title 46, United States Code, to test TWIC access con11 trol technologies at port facilities and vessels nationwide, 

12 the Secretary of Homeland Security shall submit to the 

13 Committee on Homeland Security and the Committee on 

14 Transportation and Infrastructure of the House of Rep15 resentatives, the Committee on Commerce, Science, and 

16 Transportation of the Senate, and the Committee on 

17 Homeland Security and Governmental Affairs of the Sen18 ate and to the Comptroller General a report containing 

19 an assessment of the results of the pilot. The report shall 

20 include— 

21 (1) the findings of the pilot program with re22 spect to key technical and operational aspects of im23 plementing TWIC technologies in the maritime sec24 tor; 


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1 (2) a comprehensive listing of the extent to 

2 which established metrics were achieved during the 

3 pilot program; and 

4 (3) an analysis of the viability of those tech5 nologies for use in the maritime environment, includ6 ing any challenges to implementing those tech7 nologies and strategies for mitigating identified chal8 lenges. 

9 (b) GAO ASSESSMENT.—The Comptroller General 

10 shall review the report and submit to the Committee on 

11 Homeland Security and the Committee on Transportation 

12 and Infrastructure of the House of Representatives, the 

13 Committee on Commerce, Science, and Transportation of 

14 the Senate, and the Committee on Homeland Security and 

15 Governmental Affairs of the Senate an assessment of the 

16 report’s findings and recommendations. 

17 SEC. 9. REVIEW OF INTERAGENCY OPERATIONAL CENTERS. 

18 (a) IN GENERAL.—Within 1 year of enactment of 

19 this Act, the Department of Homeland Security Inspector 

20 General shall provide a report to the Committee on Home21 land Security and the Committee on Transportation and 

22 Infrastructure of the House of Representatives and the 

23 Committees on Homeland Security and Governmental Af24 fairs and Commerce, Science, and Transportation of the 

25 Senate concerning the establishment of Interagency OperVerDate Mar 15 2010 01:56 Jul 03, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5684.IH H5684

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1 ational Centers for Port Security required by section 108 

2 of the SAFE Port Act (Public Law 109–347). 

3 (b) REPORT.—The report shall include— 

4 (1) an examination of the Department’s efforts 

5 to establish the Interagency Operational Centers; 

6 (2) a timeline for construction; 

7 (3) a detailed breakdown, by center, as to the 

8 incorporation of those representatives required by 

9 section 70107A(b)(3) of title 46, United States 

10 Code; 

11 (4) an analysis of the hurdles faced by the De12 partment in developing these centers; 

13 (5) information on the number of security clear14 ances attained by State, local, and tribal officials 

15 participating in the program; and 

16 (6) an examination of the relationship between 

17 the Interagency Operational Centers and State, 

18 local, and regional fusion centers participating in the 

19 Department of Homeland Security’s State, Local, 

20 and Regional Fusion Center Initiative under section 

21 511 of the Implementing the Recommendations of 

22 the 9/11 Commission Act of 2007 (Public Law 110– 

23 53), with a particular emphasis on— 

24 (A) how the centers collaborate and coordi25 nate their efforts; 


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1 (B) the resources allocated by the Coast 

2 Guard to both initiatives; and 

3 (C) architecture for integrated interagency 

4 targeting. 

5 SEC. 10. MARITIME SECURITY RESPONSE TEAMS. 

6 (a) IN GENERAL.—Section 70106 of title 46, United 

7 States Code, is amended by striking subsection (c) and 

8 inserting the following: 

9 ‘‘(c) MARITIME SECURITY RESPONSE TEAMS.— 

10 ‘‘(1) IN GENERAL.—In addition to the maritime 

11 safety and security teams, the Secretary shall estab12 lish no less than two maritime security response 

13 teams to act as the Coast Guard’s rapidly deployable 

14 counterterrorism and law enforcement response 

15 units that can apply advanced interdiction skills in 

16 response to threats of maritime terrorism. 

17 ‘‘(2) MINIMIZATION OF RESPONSE TIME.—The 

18 maritime security response teams shall be stationed 

19 in such a way to minimize, to the extent practicable, 

20 the response time to any reported maritime terrorist 

21 threat. 

22 ‘‘(3) DEDICATED AVIATION SUPPORT.—The 

23 maritime security response teams required by this 

24 subsection shall include a deployable aviation sup25 port element capable of providing regular training to 


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1 ensure a maritime security response team’s pro2 ficiency in vertical insertion operations. 

3 ‘‘(d) COORDINATION WITH OTHER AGENCIES.—To 

4 the maximum extent feasible, each maritime safety and 

5 security team and maritime security response team shall 

6 coordinate its activities with other Federal, State, and 

7 local law enforcement and emergency response agencies.’’. 

8 SEC. 11. MARITIME BIOMETRIC IDENTIFICATION. 

9 (a) IN GENERAL.—Within one year after the date of 

10 the enactment of this Act, the Secretary of Homeland Se11 curity, acting through the Commandant of the Coast 

12 Guard, shall conduct, in the maritime environment, a pro13 gram for the mobile biometric identification of suspected 

14 individuals, including terrorists, to enhance border secu15 rity and for other purposes. 

16 (b) REQUIREMENTS.—The Secretary shall ensure the 

17 program required in this section is coordinated with other 

18 biometric identification programs within the Department 

19 of Homeland Security. 

20 (c) COST ANALYSIS.—Within 90 days after the date 

21 of the enactment of this Act, the Secretary shall submit 

22 to the Committees on Appropriations and Homeland Secu23 rity of the House of Representatives and the Committees 

24 on Appropriations and Homeland Security and Govern25 mental Affairs of the Senate an analysis of the cost of 


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1 expanding the Coast Guard’s biometric identification ca2 pabilities for use by the Coast Guard’s Deployable Oper3 ations Group, cutters, stations, and other deployable mari4 time teams considered appropriate by the Secretary, and 

5 any other appropriate Department of Homeland Security 

6 maritime vessels and units. The analysis may include a 

7 tiered plan for the deployment of this program that gives 

8 priority to vessels and units more likely to encounter indi9 viduals suspected of making illegal border crossings 

10 through the maritime environment. 

11 (d) DEFINITION.—For the purposes of this section, 

12 the term ‘‘biometric identification’’ means use of finger13 print and digital photography images and facial and iris 

14 scan technology. 

15 (e) STUDY ON COMBINATION OF FACIAL AND IRIS

16 RECOGNITION.— 

17 (1) STUDY REQUIRED.—The Secretary of 

18 Homeland Security shall carry out a study on the 

19 use by the Coast Guard of the combination of facial 

20 and iris recognition to rapidly identify individuals 

21 for security purposes. Such study shall focus on— 

22 (A) increased accuracy of facial recogni23 tion; 

24 (B) enhancement of existing iris recogni25 tion technology; and 


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1 (C) establishment of integrated face and 

2 iris features for accurate identification of indi3 viduals. 

4 (2) PURPOSE OF STUDY.—The purpose of the 

5 study required by paragraph (1) is to facilitate the 

6 use of a combination of facial and iris recognition to 

7 provide a higher probability of success in identifica8 tion than either approach on its own and to achieve 

9 transformational advances in the flexibility, authen10 ticity, and overall capability of integrated biometric 

11 detectors and satisfy one of the major issues with 

12 war against terrorists. The operational goal of the 

13 study should be to provide the capability to non14 intrusively collect biometrics (face image, iris) in an 

15 accurate and expeditious manner to assist the Coast 

16 Guard in fulfilling its mission to protect and support 

17 national security. 

18 SEC. 12. REVIEW OF POTENTIAL THREATS. 

19 Not later than 1 year after the date of enactment 

20 of this Act, the Secretary of Homeland Security shall sub21 mit to the Committee on Homeland Security and the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate a report ana25 lyzing the threat, vulnerability, and consequence of a terVerDate Mar 15 2010 01:56 Jul 03, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5684.IH H5684

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1 rorist attack on gasoline and chemical cargo shipments in 

2 port activity areas in the United States or against other 

3 maritime energy infrastructure. 

4 SEC. 13. PORT SECURITY PILOT. 

5 The Secretary of Homeland Security shall establish 

6 a pilot program to test and deploy preventive radiological 

7 or nuclear detection equipment on Coast Guard vessels 

8 and other locations in select port regions to enhance bor9 der security and for other purposes. The pilot program 

10 shall leverage existing Federal grant funding to support 

11 this program and the procurement of additional equip12 ment. 

13 SEC. 14. WATERSIDE SECURITY OF CERTAIN DANGEROUS 

14 CARGO. 

15 (a) NATIONAL STUDY.— 

16 (1) IN GENERAL.—The Secretary of Homeland 

17 Security, acting through the Commandant of the 

18 Coast Guard, shall— 

19 (A) initiate a national study to identify 

20 measures to improve the security of maritime 

21 transportation of certain dangerous cargo; and 

22 (B) coordinate with other Federal agen23 cies, the National Maritime Security Advisory 

24 Committee, and appropriate State and local 

25 government officials through the Area Maritime 


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1 Security Committees and other existing coordi2 nating committees, to evaluate the waterside se3 curity of vessels carrying, and waterfront facili4 ties handling, certain dangerous cargo. 

5 (2) MATTERS TO BE INCLUDED.—The study 

6 conducted under this subsection shall include— 

7 (A) an analysis of existing risk assessment 

8 information relating to waterside security gen9 erated by the Coast Guard and Area Maritime 

10 Security Committees as part of the Maritime 

11 Security Risk Assessment Model; 

12 (B) a review and analysis of appropriate 

13 roles and responsibilities of maritime stake14 holders, including Federal, State, and local law 

15 enforcement and industry security personnel, 

16 responsible for waterside security of vessels car17 rying, and waterfront facilities handling, certain 

18 dangerous cargo, including— 

19 (i) the number of ports in which State 

20 and local law enforcement entities are pro21 viding any services to enforce Coast 

22 Guard-imposed security zones around ves23 sels transiting to, through, or from United 

24 States ports or to conduct security patrols 

25 in United States ports; 


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1 (ii) the number of formal agreements 

2 entered into between the Coast Guard and 

3 State and local law enforcement entities to 

4 engage State and local law enforcement en5 tities in the enforcement of Coast Guard6 imposed security zones around vessels 

7 transiting to, through, or from United 

8 States ports or the conduct of port security 

9 patrols in United States ports, the dura10 tion of those agreements, and the aid that 

11 State and local entities are engaged to pro12 vide through such agreements; 

13 (iii) the extent to which the Coast 

14 Guard has set national standards for train15 ing, equipment, and resources to ensure 

16 that State and local law enforcement enti17 ties engaged in enforcing Coast Guard-im18 posed security zones around vessels 

19 transiting to, through, or from United 

20 States ports or in conducting port security 

21 patrols in United States ports (or both) 

22 can deter to the maximum extent prac23 ticable a transportation security incident; 

24 (iv) the extent to which the Coast 

25 Guard has assessed the ability of State 


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1 and local law enforcement entities to carry 

2 out the security assignments that they 

3 have been engaged to perform, including 

4 their ability to meet any national stand5 ards for training, equipment, and resources 

6 that have been established by the Coast 

7 Guard in order to ensure that those enti8 ties can deter to the maximum extent prac9 ticable a transportation security incident; 

10 (v) the extent to which State and local 

11 law enforcement entities are able to meet 

12 national standards for training, equipment, 

13 and resources established by the Coast 

14 Guard to ensure that those entities can 

15 deter to the maximum extent practicable a 

16 transportation security incident; 

17 (vi) the differences in law enforcement 

18 authority, and particularly boarding au19 thority, between the Coast Guard and 

20 State and local law enforcement entities, 

21 and the impact that these differences have 

22 on the ability of State and local law en23 forcement entities to provide the same level 

24 of security that the Coast Guard provides 

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1 posed security zones and the conduct of se2 curity patrols in United States ports; and 

3 (vii) the extent of resource, training, 

4 and equipment differences between State 

5 and local law enforcement entities and the 

6 Coast Guard units engaged in enforcing 

7 Coast Guard-imposed security zones 

8 around vessels transiting to, through, or 

9 from United States ports or conducting se10 curity patrols in United States ports; 

11 (C) recommendations for risk-based secu12 rity measures to improve waterside security of 

13 vessels carrying, and waterfront facilities han14 dling, certain dangerous cargo; and 

15 (D) identification of security funding alter16 natives, including an analysis of the potential 

17 for cost-sharing by the public and private sec18 tors as well as any challenges associated with 

19 such cost-sharing. 

20 (3) INFORMATION PROTECTION.—In carrying 

21 out the coordination necessary to effectively com22 plete the study, the Commandant shall implement 

23 measures to ensure the protection of any sensitive 

24 security information, proprietary information, or 

25 classified information collected, reviewed, or shared 


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1 during collaborative engagement with maritime 

2 stakeholders and other Government entities, except 

3 that nothing in this paragraph shall constitute au4 thority to withhold information from— 

5 (A) the Congress; or 

6 (B) first responders requiring such infor7 mation for the protection of life or property. 

8 (4) REPORT.—Not later than 12 months after 

9 the date of enactment of this Act, the Secretary, act10 ing through the Commandant, shall submit to the 

11 Committees on Homeland Security and Transpor12 tation and Infrastructure of the House of Represent13 atives and the Committees on Commerce, Science, 

14 and Transportation and Homeland Security and 

15 Governmental Affairs of the Senate a report on the 

16 results of the study under this subsection. 

17 (b) NATIONAL STRATEGY.—Not later than 6 months 

18 after submission of the report required by subsection (a), 

19 the Secretary, acting through the Commandant, shall de20 velop, in conjunction with appropriate Federal agencies, 

21 a national strategy for the waterside security of vessels 

22 carrying, and waterfront facilities handling, certain dan23 gerous cargo. The strategy shall utilize the results of the 

24 study required by subsection (a). 

25 (c) SECURITY OF CERTAIN DANGEROUS CARGO.— 


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1 (1) ENFORCEMENT OF SECURITY ZONES.—Con2 sistent with other provisions of Federal law, the 

3 Coast Guard shall coordinate and be responsible for 

4 the enforcement of any Federal security zone estab5 lished by the Coast Guard around a vessel con6 taining certain dangerous cargo. The Coast Guard 

7 shall allocate available resources so as to deter and 

8 respond to a transportation security incident, to the 

9 maximum extent practicable, and to protect lives or 

10 protect property in danger. 

11 (2) LIMITATION ON RELIANCE ON STATE AND

12 LOCAL GOVERNMENT.—Any security arrangement 

13 approved after the date of enactment of this Act to 

14 assist in the enforcement of any security zone estab15 lished by the Coast Guard around a vessel carrying 

16 a certain dangerous cargo or around a waterfront fa17 cility handling a certain dangerous cargo may not be 

18 based upon the provision of security by a State or 

19 local government unless the Secretary, acting 

20 through the Commandant of the Coast Guard, en21 sures that the waterborne patrols operated as part 

22 of that security arrangement by a State or local gov23 ernment have the training, resources, personnel, and 

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1 form in order, to the maximum extent practicable, to 

2 deter and respond to a transportation security inci3 dent. 

4 (3) DETERMINATION REQUIRED FOR NEW FA5 CILITIES.—The Secretary of Homeland Security, 

6 acting through the Commandant of the Coast 

7 Guard, may not approve a facility security plan 

8 under section 70103 of title 46, United States Code, 

9 for a new facility the construction of which is begun 

10 after the date of enactment of this Act, that receives 

11 or ships through maritime commerce certain dan12 gerous cargo unless the Secretary determines that 

13 there are sufficient resources available to ensure 

14 compliance with the facility security plan. 

15 (4) RESOURCE DEFICIENCY REPORTING.—The 

16 Secretary, acting through the Commandant of the 

17 Coast Guard, shall provide to the Committees on 

18 Homeland Security and Transportation and Infra19 structure of the House of Representatives and the 

20 Committees on Commerce, Science, and Transpor21 tation and Homeland Security and Governmental 

22 Affairs of the Senate 90 days after the end of each 

23 fiscal year a report indicating— 

24 (A) the number of security zones estab25 lished for certain dangerous cargo shipments; 


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1 (B) the number of certain dangerous cargo 

2 shipments provided a waterborne security es3 cort, subdivided by Federal, State, local, or pri4 vate security; and 

5 (C) an assessment as to any additional ves6 sels, personnel, infrastructure, and other re7 sources necessary to provide waterborne escorts 

8 to those certain dangerous cargo shipments for 

9 which a security zone is established. 

10 (d) DEFINITIONS.—For the purposes of this section, 

11 the follow definitions apply: 

12 (1) CERTAIN DANGEROUS CARGO.—The term 

13 ‘‘certain dangerous cargo’’ means a material, or a 

14 group or class of material, in a particular amount 

15 and form that the Secretary, though the Com16 mandant, determines by regulation poses a signifi17 cant risk of creating a transportation security inci18 dent while being transported in maritime commerce. 

19 (2) AREA MARITIME SECURITY COMMITTEE.— 

20 The term ‘‘Area Maritime Security Committee’’ 

21 means each of those committees responsible for pro22 ducing Area Maritime Transportation Security Plans 

23 under chapter 701 of title 46, United States Code. 

24 (3) TRANSPORTATION SECURITY INCIDENT.— 

25 The term ‘‘transportation security incident’’ has the 


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1 same meaning as that term has in section 70101 of 

2 title 46, United States Code. 

3 SEC. 15. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 

4 (a) NOTICE OF RECOMMENDATION.—Consistent with 

5 other provisions of law, the Secretary of Homeland Secu6 rity must notify the Federal Energy Regulatory Commis7 sion when a recommendation is made that the waterway 

8 to a proposed waterside liquefied natural gas facility is 

9 suitable or unsuitable for the marine traffic associated 

10 with such facility. 

11 (b) FEDERAL ENERGY REGULATORY COMMISSION

12 RESPONSE.—The Federal Energy Regulatory Commission 

13 shall respond to the Secretary’s recommendation under 

14 subsection (a) by informing the Secretary within 90 days 

15 of notification or at the conclusion of any available appeal 

16 process, whichever is later, of what action the Commission 

17 has taken, pursuant to its authorities under the Natural 

18 Gas Act, regarding a proposal to construct and operate 

19 a waterside liquefied natural gas facility subject to a deter20 mination made under subsection (a). 

21 SEC. 16. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO 

22 MITIGATE THE THREAT OF SMALL BOAT AT23 TACK IN MAJOR PORTS. 

24 The Secretary of Homeland Security shall assess and 

25 report to Congress on the feasibility of efforts to mitigate 


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1 the threat of small boat attack in security zones of major 

2 ports, including specifically the use of transponders or 

3 radio frequency identification devices to track small boats. 

4 SEC. 17. ADMINISTRATION OF MARITIME SECURITY. 

5 (a) ESTABLISH MARITIME SECURITY AS A COAST

6 GUARD FUNCTION.—Chapter 5 of title 14, United States 

7 Code, is further amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 103. Maritime security 

10 ‘‘To protect life, property, and the environment on, 

11 under, and over waters subject to the jurisdiction of the 

12 United States and on vessels subject to the jurisdiction 

13 of the United States, the Commandant shall promote mar14 itime security as follows: 

15 ‘‘(1) By taking actions necessary in the public 

16 interest to protect such life, property, and the envi17 ronment. 

18 ‘‘(2) Based on priorities established by the 

19 Commandant including— 

20 ‘‘(A) protecting maritime borders from all 

21 intrusions, reducing the risk from terrorism to 

22 United States passengers at foreign and domes23 tic ports and in designated waterfront facilities, 

24 and preventing and responding to terrorist at25 tacks and other homeland security threats; 


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1 ‘‘(B) protecting critical maritime infra2 structure and other key resources; and 

3 ‘‘(C) preventing, to the maximum extent 

4 practicable, a transportation security incident 

5 as defined in section 70101 of title 46.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis at the be7 ginning of such chapter is further amended by adding at 

8 the end the following new item: 

‘‘Sec. 103. Maritime security.’’. 

9 (c) MARITIME SECURITY STAFF.— 

10 (1) IN GENERAL.—Chapter 3 of title 14, United 

11 States Code, is further amended by adding at the 

12 end the following new sections: 

13 ‘‘§ 60. Maritime security workforce 

14 ‘‘(a) DESIGNATION OF MARITIME SECURITY WORK15 FORCE.— 

16 ‘‘(1) IN GENERAL.—The Secretary, acting 

17 through the Commandant, shall ensure appropriate 

18 coverage of maritime security missions within the 

19 workforce in each sector. 

20 ‘‘(2) REQUIRED POSITIONS.—In designating po21 sitions under paragraph (1), the Secretary shall in22 clude the following maritime security-related posi23 tions: 

24 ‘‘(A) Program oversight. 

25 ‘‘(B) Counterterrorism functions. 


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1 ‘‘(C) Counterintelligence functions. 

2 ‘‘(D) Criminal investigations related to 

3 maritime security. 

4 ‘‘(E) Port security enforcement. 

5 ‘‘(F) Any other activities that the Com6 mandant deems as necessary. 

7 ‘‘(3) MARITIME SECURITY MANAGEMENT AC8 TIVITIES.—The Secretary shall also designate under 

9 paragraph (1) those maritime security-related man10 agement positions located at Coast Guard head11 quarters, Coast Guard Readiness Command, Coast 

12 Guard Operations Command, the Deployable Oper13 ations Group, and the Intelligence Coordination Cen14 ter. 

15 ‘‘(b) CAREER PATHS.—The Secretary, acting 

16 through the Commandant, may establish appropriate ca17 reer paths for civilian and military Coast Guard personnel 

18 who wish to pursue careers in maritime security are identi19 fied in terms of the education, training, experience, and 

20 assignments necessary for career progression of civilians 

21 and member of the Armed Forces to the most senior mari22 time security positions. The Secretary shall make available 

23 published information on such career paths. 

24 ‘‘(c) BALANCED WORKFORCE POLICY.—In the devel25 opment of maritime security workforce policies under this 


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1 section with respect to any civilian employees or applicants 

2 for employment with the Coast Guard, the Secretary shall, 

3 consistent with the merit system principles set out in para4 graphs (1) and (2) of section 2301(b) of title 5, take into 

5 consideration the need to maintain a balance workforce 

6 in which women and members of racial and ethnic minor7 ity groups are appropriately represented in Government 

8 service. 

9 ‘‘(d) SECTOR CHIEF OF MARITIME SECURITY.— 

10 ‘‘(1) IN GENERAL.—The Commandant may as11 sign, as appropriate, a Chief of Maritime Security 

12 who shall be at least a Lieutenant Commander or ci13 vilian employee within the grade GS–13 of the Gen14 eral Schedule in each Coast Guard sector. 

15 ‘‘(2) FUNCTIONS.—The Chief of Maritime Se16 curity for a sector— 

17 ‘‘(A) is responsible for all individuals who, 

18 on behalf of the Coast Guard, conduct port se19 curity operations, counterterrorism operations, 

20 intelligence and counterintelligence operations, 

21 and support national defense operations; and 

22 ‘‘(B) if not the Coast Guard officer in 

23 command of that sector, is the principal advisor 

24 to the Sector Commander regarding maritime 

25 security matters in that sector. 


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1 ‘‘(e) SIGNATORIES OF LETTER OF QUALIFICATION.— 

2 Each individual signing a letter of qualification for mari3 time security personnel must hold a letter of qualification 

4 for the type being certified. 

5 ‘‘§ 61. Centers of expertise for maritime security 

6 ‘‘(a) ESTABLISHMENT.—The Commandant may es7 tablish and operate one or more centers of Maritime Secu8 rity (in this section referred to as a ‘Center’). 

9 ‘‘(b) MISSIONS.—The Centers shall— 

10 ‘‘(1) be used to facility education, training, and 

11 research in maritime security including maritime do12 main awareness, counterterrorism policy and oper13 ations, and intelligence collection, fusion, and dis14 semination; 

15 ‘‘(2) develop a repository on information on 

16 maritime security; and 

17 ‘‘(3) perform any other function as the Com18 mandant may specify. 

19 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI20 TUTION AUTHORIZED.—The Commandant may enter into 

21 an agreement with an appropriate official of an institution 

22 of higher education to— 

23 ‘‘(1) provide for joint operation of a Center; 

24 and 


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1 ‘‘(2) provide necessary administrative service 

2 for a Center, including administration and allocation 

3 of funds. 

4 ‘‘(d) ACCEPTANCE OF DONATIONS.— 

5 ‘‘(1) IN GENERAL.—The Commandant may ac6 cept, on behalf of a center, donations to be used to 

7 defray the costs of the Center or to enhance the op8 eration of the Center. 

9 ‘‘(2) GUIDANCE.—The Commandant shall pre10 scribe written guidance setting forth the criteria to 

11 be used in determining if the acceptance of a dona12 tion is appropriate.’’. 

13 (2) CLERICAL AMENDMENT.—The analysis at 

14 the beginning of such chapter is further amended by 

15 adding at the end the following new items: 

‘‘Sec. 60. Maritime security workforce. 

‘‘Sec. 61. Centers of expertise for maritime security.’’. 

16 (d) POWERS AND DUTIES.—Section 93 of title 14, 

17 United States Code, is amended by adding at the end the 

18 following new subsection: 

19 ‘‘(e) In exercising the Commandant’s duties and re20 sponsibilities with regard to maritime security, the Com21 mandant shall designate a flag officer to serve as the prin22 cipal advisor to the Commandant for maritime security. 

23 The designee shall have at least 10 years combined experi24 ence in operations, intelligence, counterterrorism, counterVerDate Mar 15 2010 01:56 Jul 03, 2010 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5684.IH H5684

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1 intelligence, port security, criminal investigations (except 

2 maritime casualty investigations), and port security or 

3 other maritime security functions, and at least four years 

4 of leadership experience at a staff or unit carrying out 

5 maritime security functions.’’. 

6 SEC. 18. CHECKS AGAINST TERRORIST WATCHLIST. 

7 The Secretary of Homeland Security shall, to the ex8 tent practicable, check against all available terrorist 

9 watchlists those persons suspected of alien smuggling and 

10 smuggled individuals who are interdicted at the land, air, 

11 and sea borders of the United States. 

12 SEC. 19. SECURITY TEAM COMMUNICATIONS PLAN. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of enactment of this Act, the Commandant of the 

15 Coast Guard shall submit to the Committees on Homeland 

16 Security and Transportation and Infrastructure of the 

17 House of Representatives and the Committee on Com18 merce, Science, and Transportation of the Senate a plan 

19 to address communications deficiencies of maritime safety 

20 and security teams, as identified by the Office of Inspector 

21 General of the Department of Homeland Security. 

22 (b) CONTENTS.—The plan shall include— 

23 (1) a description of interim corrective actions 

24 completed before such enactment to ensure the safeVerDate Mar 15 2010 01:56 Jul 03, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5684.IH H5684

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1 ty on the maritime safety and security teams and 

2 the public; 

3 (2) a description of additional corrective actions 

4 that have not been implemented, and a timeline for 

5 their implementation; and 

6 (3) an estimate of the repair or replacement 

7 costs to provide maritime safety and security teams 

8 an effective means of communicating electronically 

9 between the cabin and the weapons team on vessels 

10 of the teams. 

Æ 


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