```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5684 Introduced in House (IH)]

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.

    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 ``Maritime Infrastructure Security and 
Counterterrorism Act''.

SEC. 2. INDEPENDENT REVIEW OF RISK MANAGEMENT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Homeland Security, acting through the 
Commandant of the Coast Guard, shall commission an independent review 
of--
            (1) the threats of 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
            (2) whether the Coast Guard can adequately secure such 
        infrastructure in a manner that addresses the current threat 
        environment.
    (b) Included Infrastructure.--The infrastructure examined by the 
study shall include offshore facilities, mobile offshore drilling 
units, and other vessels used for exploration, development, or 
production of energy.

SEC. 3. SECURITY PLANS.

    (a) Review of Existing Plans.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of Homeland Security 
shall--
            (1) review all vessel security plans approved under section 
        70103 of title 46, United States Code, for mobile offshore 
        drilling units and other vessels used for exploration, 
        development, or production of energy in the Gulf of Mexico; and
            (2) assess whether such plans take into account the threats 
        of terrorist attack posed to such vessels, the vulnerabilities 
        of such vessels to such attacks, and the consequences of such 
        attacks on such vessels.
    (b) Increased Frequency of Review.--Section 70103(c) of title 46, 
United States Code, is amended by adding at the end the following new 
paragraph:
            ``(9) The Secretary shall, at least every two years--
                    ``(A) review each vessel security plan approved 
                under this section for a mobile offshore drilling unit 
                or other vessel used for exploration, development, or 
                production of energy in the Gulf of Mexico; and
                    ``(B) recommend countermeasures that should be 
                implemented, at vessel operator's expense, to--
                            ``(i) make the vessel a less attractive 
                        target for terrorist attack; and
                            ``(ii) more difficult for terrorists to 
                        attack.''.
    (c) Risk Management.--Section 70103(c) of title 46, United States 
Code, is further amended by adding at the end the following new 
paragraph:
            ``(10) The Secretary shall conduct risk management 
        according to the Department of Homeland Security's National 
        Infrastructure Protection Plan Risk Management framework to 
        assess and manage risks of terrorist attacks in the Gulf of 
        Mexico to offshore critical infrastructure.''.

SEC. 4. COUNTERTERRORISM ACTIVITIES.

    (a) In General.--The Commandant of the Coast Guard shall--
            (1) by not later than 120 days after the date of enactment 
        of this Act, plan counterterrorism training for all Coast Guard 
        Maritime Safety and Security Teams and the Maritime Security 
        Response Team; and
            (2) conduct exercises in counterterrorism at least twice 
        each year that focus on countering terrorist threats and 
        vulnerabilities to offshore facilities and include coordination 
        with State and local law enforcement.
    (b) Establishment and Permanent Location of Maritime Safety and 
Security Team.--Not later than 90 days after the date of enactment of 
this Act, the Commandant of the Coast Guard shall establish and 
permanently locate an additional Maritime Safety and Security Team in 
the area of the Gulf of Mexico to provide advanced counterterrorism 
capabilities for critical infrastructure in the area.

SEC. 5. AUTOMATIC IDENTIFICATION CAPABILITIES.

    Not later than 180 days after the date of enactment of this Act, 
the Commandant of the Coast Guard shall issue regulations that require 
that all offshore maritime vessels, including offshore facilities, 
mobile offshore drilling units, and other vessels used for exploration, 
development, or production of energy, be equipped with automatic 
identification capabilities for the purposes of monitoring vessel 
movements and improving port security situational awareness.

SEC. 6. AERIAL SURVEILLANCE.

    The Coast Guard and U.S. Customs and Border Protection shall 
coordinate the conduct of regular aerial surveillance of the critical 
infrastructure in the Gulf of Mexico.

SEC. 7. AMERICA'S WATERWAY WATCH PROGRAM.

    (a) Short Title.--This section may be cited as the ``America's 
Waterway Watch Act''.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should establish, within the Department 
of Homeland Security, citizen watch programs that promote voluntary 
reporting of suspected terrorist activity and suspicious behavior.
    (c) America's Waterway Watch Program.--
            (1) In general.--There is hereby established, within the 
        Coast Guard, the America's Waterway Watch Program (hereinafter 
        in this section referred to as the ``Program'').
            (2) Purpose.--The Secretary of Homeland Security, acting 
        through the Commandant of the Coast Guard, shall administer the 
        Program in a manner that promotes voluntary reporting of 
        activities that may indicate that a person or persons may be 
        preparing to engage or engaging in a violation of law relating 
        to a threat or an act of terrorism (as that term is defined in 
        section 3077 of title 18, United States Code) against a vessel, 
        facility, port, or waterway.
            (3) Information; training.--
                    (A) Information.--The Secretary, acting through the 
                Commandant, may establish, as an element of the 
                Program, a network of individuals and community-based 
                organizations that enhance the situational awareness 
                within the Nation's ports and waterways. Such network 
                shall, to the extent practicable, be conducted in 
                cooperation with Federal, State, and local law 
                enforcement agencies.
                    (B) Training.--The Secretary, acting through the 
                Commandant, may provide training in--
                            (i) observing and reporting on covered 
                        activities; and
                            (ii) sharing such reports and coordinating 
                        the response by Federal, State, and local law 
                        enforcement agencies.
            (4) Instructional materials.--
                    (A) In general.--The Secretary of Homeland 
                Security, acting through the Commandant of the Coast 
                Guard, may--
                            (i) develop instructional materials that--
                                    (I) provide information on inland 
                                waterways, ports and harbors, and 
                                coastal regions for a specific region, 
                                as well as specific vulnerabilities and 
                                threats common to a specific region; 
                                and
                                    (II) promote voluntary reporting of 
                                activities that may indicate that a 
                                person or persons may be preparing to 
                                engage or engaging in a violation of 
                                law relating to a threat or an act of 
                                terrorism (as that term is defined in 
                                section 3077 of title 18, United States 
                                Code) against a vessel, facility, port, 
                                or waterway; and
                            (ii) distribute such materials to States, 
                        political subdivisions of the States, or non-
                        governmental organization that provide 
                        instruction on boating or vessel operation in 
                        conjunction with any other instruction 
                        provided.
                    (B) Dissemination.--The Secretary, acting through 
                the Commandant--
                            (i) shall ensure that such materials are 
                        made available to any person or persons;
                            (ii) is authorized to require, as a 
                        condition of receipt of funding or materials, 
                        pursuant to subparagraph (A), that the 
                        recipient of such funding or materials develops 
                        a program to reach the widest possible 
                        audience; and
                            (iii) utilize, as appropriate, the Coast 
                        Guard Auxiliary for the education of the public 
                        and dissemination of such materials.
                    (C) Eligibility, federal assistance.--The receipt, 
                use, and dissemination of such materials shall not 
                diminish the eligibility of any State, political 
                subdivision of such State, or non-governmental 
                organization to receive Federal assistance or reduce 
                the amount of Federal assistance that such State, 
                political subdivision of such State, or non-
                governmental organization that otherwise receive.
            (5) Voluntary participation.--Participation in the 
        Program--
                    (A) shall be wholly voluntary;
                    (B) shall not be a prerequisite to eligibility for, 
                or receipt of, any other service or assistance from, or 
                to participation in, any other program of any kind; and
                    (C) shall not require disclosure of information 
                regarding the individual reporting covered activities 
                or, for proprietary purposes, the location of such 
                individual.
            (6) Definitions.--In this subsection:
                    (A) The term ``covered activity'' means any 
                suspicious transaction, activity, or occurrence that 
                involves, or is directed against, a vessel or facility 
                (as that term is defined in section 70101(2) of title 
                46, United States Code) indicating that an individual 
                or individuals may be preparing to engage, or engaging, 
                in a violation of law relating to--
                            (i) a threat to a vessel, facility, port, 
                        or waterway; or
                            (ii) an act of terrorism (as that term is 
                        defined in section 3077 of title 18, United 
                        States Code).
                    (B) The term ``facility'' has the same meaning such 
                term has in section 70101(2) of title 46, United States 
                Code.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated for the purposes of this section $3,000,000 
        for fiscal years 2011 through 2016. Such funds shall remain 
        available until expended.
    (d) Coordination.--The Secretary shall coordinate the Program with 
other like watch programs. The Secretary shall submit, concurrent with 
the President's budget submission for each fiscal year, through fiscal 
year 2017, a report on coordination of the Program and like watch 
programs within the Department of Homeland Security to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives.

SEC. 8. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

    (a) In General.--Not later than 120 days after completing the pilot 
program under section 70105(k)(1) of title 46, United States Code, to 
test TWIC access control technologies at port facilities and vessels 
nationwide, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives, the Committee on 
Commerce, Science, and Transportation of the Senate, and the Committee 
on Homeland Security and Governmental Affairs of the Senate and to the 
Comptroller General a report containing an assessment of the results of 
the pilot. The report shall include--
            (1) the findings of the pilot program with respect to key 
        technical and operational aspects of implementing TWIC 
        technologies in the maritime sector;
            (2) a comprehensive listing of the extent to which 
        established metrics were achieved during the pilot program; and
            (3) an analysis of the viability of those technologies for 
        use in the maritime environment, including any challenges to 
        implementing those technologies and strategies for mitigating 
        identified challenges.
    (b) GAO Assessment.--The Comptroller General shall review the 
report and submit to the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Homeland Security and Governmental 
Affairs of the Senate an assessment of the report's findings and 
recommendations.

SEC. 9. REVIEW OF INTERAGENCY OPERATIONAL CENTERS.

    (a) In General.--Within 1 year of enactment of this Act, the 
Department of Homeland Security Inspector General shall provide a 
report to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committees on Homeland Security and Governmental Affairs and 
Commerce, Science, and Transportation of the Senate concerning the 
establishment of Interagency Operational Centers for Port Security 
required by section 108 of the SAFE Port Act (Public Law 109-347).
    (b) Report.--The report shall include--
            (1) an examination of the Department's efforts to establish 
        the Interagency Operational Centers;
            (2) a timeline for construction;
            (3) a detailed breakdown, by center, as to the 
        incorporation of those representatives required by section 
        70107A(b)(3) of title 46, United States Code;
            (4) an analysis of the hurdles faced by the Department in 
        developing these centers;
            (5) information on the number of security clearances 
        attained by State, local, and tribal officials participating in 
        the program; and
            (6) an examination of the relationship between the 
        Interagency Operational Centers and State, local, and regional 
        fusion centers participating in the Department of Homeland 
        Security's State, Local, and Regional Fusion Center Initiative 
        under section 511 of the Implementing the Recommendations of 
        the 9/11 Commission Act of 2007 (Public Law 110-53), with a 
        particular emphasis on--
                    (A) how the centers collaborate and coordinate 
                their efforts;
                    (B) the resources allocated by the Coast Guard to 
                both initiatives; and
                    (C) architecture for integrated interagency 
                targeting.

SEC. 10. MARITIME SECURITY RESPONSE TEAMS.

    (a) In General.--Section 70106 of title 46, United States Code, is 
amended by striking subsection (c) and inserting the following:
    ``(c) Maritime Security Response Teams.--
            ``(1) In general.--In addition to the maritime safety and 
        security teams, the Secretary shall establish no less than two 
        maritime security response teams to act as the Coast Guard's 
        rapidly deployable counterterrorism and law enforcement 
        response units that can apply advanced interdiction skills in 
        response to threats of maritime terrorism.
            ``(2) Minimization of response time.--The maritime security 
        response teams shall be stationed in such a way to minimize, to 
        the extent practicable, the response time to any reported 
        maritime terrorist threat.
            ``(3) Dedicated aviation support.--The maritime security 
        response teams required by this subsection shall include a 
        deployable aviation support element capable of providing 
        regular training to ensure a maritime security response team's 
        proficiency in vertical insertion operations.
    ``(d) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team and maritime security 
response team shall coordinate its activities with other Federal, 
State, and local law enforcement and emergency response agencies.''.

SEC. 11. MARITIME BIOMETRIC IDENTIFICATION.

    (a) In General.--Within one year after the date of the enactment of 
this Act, the Secretary of Homeland Security, acting through the 
Commandant of the Coast Guard, shall conduct, in the maritime 
environment, a program for the mobile biometric identification of 
suspected individuals, including terrorists, to enhance border security 
and for other purposes.
    (b) Requirements.--The Secretary shall ensure the program required 
in this section is coordinated with other biometric identification 
programs within the Department of Homeland Security.
    (c) Cost Analysis.--Within 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on 
Appropriations and Homeland Security of the House of Representatives 
and the Committees on Appropriations and Homeland Security and 
Governmental Affairs of the Senate an analysis of the cost of expanding 
the Coast Guard's biometric identification capabilities for use by the 
Coast Guard's Deployable Operations Group, cutters, stations, and other 
deployable maritime teams considered appropriate by the Secretary, and 
any other appropriate Department of Homeland Security maritime vessels 
and units. The analysis may include a tiered plan for the deployment of 
this program that gives priority to vessels and units more likely to 
encounter individuals suspected of making illegal border crossings 
through the maritime environment.
    (d) Definition.--For the purposes of this section, the term 
``biometric identification'' means use of fingerprint and digital 
photography images and facial and iris scan technology.
    (e) Study on Combination of Facial and Iris Recognition.--
            (1) Study required.--The Secretary of Homeland Security 
        shall carry out a study on the use by the Coast Guard of the 
        combination of facial and iris recognition to rapidly identify 
        individuals for security purposes. Such study shall focus on--
                    (A) increased accuracy of facial recognition;
                    (B) enhancement of existing iris recognition 
                technology; and
                    (C) establishment of integrated face and iris 
                features for accurate identification of individuals.
            (2) Purpose of study.--The purpose of the study required by 
        paragraph (1) is to facilitate the use of a combination of 
        facial and iris recognition to provide a higher probability of 
        success in identification than either approach on its own and 
        to achieve transformational advances in the flexibility, 
        authenticity, and overall capability of integrated biometric 
        detectors and satisfy one of the major issues with war against 
        terrorists. The operational goal of the study should be to 
        provide the capability to nonintrusively collect biometrics 
        (face image, iris) in an accurate and expeditious manner to 
        assist the Coast Guard in fulfilling its mission to protect and 
        support national security.

SEC. 12. REVIEW OF POTENTIAL THREATS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report analyzing 
the threat, vulnerability, and consequence of a terrorist attack on 
gasoline and chemical cargo shipments in port activity areas in the 
United States or against other maritime energy infrastructure.

SEC. 13. PORT SECURITY PILOT.

    The Secretary of Homeland Security shall establish a pilot program 
to test and deploy preventive radiological or nuclear detection 
equipment on Coast Guard vessels and other locations in select port 
regions to enhance border security and for other purposes. The pilot 
program shall leverage existing Federal grant funding to support this 
program and the procurement of additional equipment.

SEC. 14. WATERSIDE SECURITY OF CERTAIN DANGEROUS CARGO.

    (a) National Study.--
            (1) In general.--The Secretary of Homeland Security, acting 
        through the Commandant of the Coast Guard, shall--
                    (A) initiate a national study to identify measures 
                to improve the security of maritime transportation of 
                certain dangerous cargo; and
                    (B) coordinate with other Federal agencies, the 
                National Maritime Security Advisory Committee, and 
                appropriate State and local government officials 
                through the Area Maritime Security Committees and other 
                existing coordinating committees, to evaluate the 
                waterside security of vessels carrying, and waterfront 
                facilities handling, certain dangerous cargo.
            (2) Matters to be included.--The study conducted under this 
        subsection shall include--
                    (A) an analysis of existing risk assessment 
                information relating to waterside security generated by 
                the Coast Guard and Area Maritime Security Committees 
                as part of the Maritime Security Risk Assessment Model;
                    (B) a review and analysis of appropriate roles and 
                responsibilities of maritime stakeholders, including 
                Federal, State, and local law enforcement and industry 
                security personnel, responsible for waterside security 
                of vessels carrying, and waterfront facilities 
                handling, certain dangerous cargo, including--
                            (i) the number of ports in which State and 
                        local law enforcement entities are providing 
                        any services to enforce Coast Guard-imposed 
                        security zones around vessels transiting to, 
                        through, or from United States ports or to 
                        conduct security patrols in United States 
                        ports;
                            (ii) the number of formal agreements 
                        entered into between the Coast Guard and State 
                        and local law enforcement entities to engage 
                        State and local law enforcement entities in the 
                        enforcement of Coast Guard-imposed security 
                        zones around vessels transiting to, through, or 
                        from United States ports or the conduct of port 
                        security patrols in United States ports, the 
                        duration of those agreements, and the aid that 
                        State and local entities are engaged to provide 
                        through such agreements;
                            (iii) the extent to which the Coast Guard 
                        has set national standards for training, 
                        equipment, and resources to ensure that State 
                        and local law enforcement entities engaged in 
                        enforcing Coast Guard-imposed security zones 
                        around vessels transiting to, through, or from 
                        United States ports or in conducting port 
                        security patrols in United States ports (or 
                        both) can deter to the maximum extent 
                        practicable a transportation security incident;
                            (iv) the extent to which the Coast Guard 
                        has assessed the ability of State and local law 
                        enforcement entities to carry out the security 
                        assignments that they have been engaged to 
                        perform, including their ability to meet any 
                        national standards for training, equipment, and 
                        resources that have been established by the 
                        Coast Guard in order to ensure that those 
                        entities can deter to the maximum extent 
                        practicable a transportation security incident;
                            (v) the extent to which State and local law 
                        enforcement entities are able to meet national 
                        standards for training, equipment, and 
                        resources established by the Coast Guard to 
                        ensure that those entities can deter to the 
                        maximum extent practicable a transportation 
                        security incident;
                            (vi) the differences in law enforcement 
                        authority, and particularly boarding authority, 
                        between the Coast Guard and State and local law 
                        enforcement entities, and the impact that these 
                        differences have on the ability of State and 
                        local law enforcement entities to provide the 
                        same level of security that the Coast Guard 
                        provides during the enforcement of Coast Guard-
                        imposed security zones and the conduct of 
                        security patrols in United States ports; and
                            (vii) the extent of resource, training, and 
                        equipment differences between State and local 
                        law enforcement entities and the Coast Guard 
                        units engaged in enforcing Coast Guard-imposed 
                        security zones around vessels transiting to, 
                        through, or from United States ports or 
                        conducting security patrols in United States 
                        ports;
                    (C) recommendations for risk-based security 
                measures to improve waterside security of vessels 
                carrying, and waterfront facilities handling, certain 
                dangerous cargo; and
                    (D) identification of security funding 
                alternatives, including an analysis of the potential 
                for cost-sharing by the public and private sectors as 
                well as any challenges associated with such cost-
                sharing.
            (3) Information protection.--In carrying out the 
        coordination necessary to effectively complete the study, the 
        Commandant shall implement measures to ensure the protection of 
        any sensitive security information, proprietary information, or 
        classified information collected, reviewed, or shared during 
        collaborative engagement with maritime stakeholders and other 
        Government entities, except that nothing in this paragraph 
        shall constitute authority to withhold information from--
                    (A) the Congress; or
                    (B) first responders requiring such information for 
                the protection of life or property.
            (4) Report.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary, acting through the 
        Commandant, shall submit to the Committees on Homeland Security 
        and Transportation and Infrastructure of the House of 
        Representatives and the Committees on Commerce, Science, and 
        Transportation and Homeland Security and Governmental Affairs 
        of the Senate a report on the results of the study under this 
        subsection.
    (b) National Strategy.--Not later than 6 months after submission of 
the report required by subsection (a), the Secretary, acting through 
the Commandant, shall develop, in conjunction with appropriate Federal 
agencies, a national strategy for the waterside security of vessels 
carrying, and waterfront facilities handling, certain dangerous cargo. 
The strategy shall utilize the results of the study required by 
subsection (a).
    (c) Security of Certain Dangerous Cargo.--
            (1) Enforcement of security zones.--Consistent with other 
        provisions of Federal law, the Coast Guard shall coordinate and 
        be responsible for the enforcement of any Federal security zone 
        established by the Coast Guard around a vessel containing 
        certain dangerous cargo. The Coast Guard shall allocate 
        available resources so as to deter and respond to a 
        transportation security incident, to the maximum extent 
        practicable, and to protect lives or protect property in 
        danger.
            (2) Limitation on reliance on state and local government.--
        Any security arrangement approved after the date of enactment 
        of this Act to assist in the enforcement of any security zone 
        established by the Coast Guard around a vessel carrying a 
        certain dangerous cargo or around a waterfront facility 
        handling a certain dangerous cargo may not be based upon the 
        provision of security by a State or local government unless the 
        Secretary, acting through the Commandant of the Coast Guard, 
        ensures that the waterborne patrols operated as part of that 
        security arrangement by a State or local government have the 
        training, resources, personnel, and experience necessary to 
        carry out the security responsibilities that they have been 
        engaged to perform in order, to the maximum extent practicable, 
        to deter and respond to a transportation security incident.
            (3) Determination required for new facilities.--The 
        Secretary of Homeland Security, acting through the Commandant 
        of the Coast Guard, may not approve a facility security plan 
        under section 70103 of title 46, United States Code, for a new 
        facility the construction of which is begun after the date of 
        enactment of this Act, that receives or ships through maritime 
        commerce certain dangerous cargo unless the Secretary 
        determines that there are sufficient resources available to 
        ensure compliance with the facility security plan.
            (4) Resource deficiency reporting.--The Secretary, acting 
        through the Commandant of the Coast Guard, shall provide to the 
        Committees on Homeland Security and Transportation and 
        Infrastructure of the House of Representatives and the 
        Committees on Commerce, Science, and Transportation and 
        Homeland Security and Governmental Affairs of the Senate 90 
        days after the end of each fiscal year a report indicating--
                    (A) the number of security zones established for 
                certain dangerous cargo shipments;
                    (B) the number of certain dangerous cargo shipments 
                provided a waterborne security escort, subdivided by 
                Federal, State, local, or private security; and
                    (C) an assessment as to any additional vessels, 
                personnel, infrastructure, and other resources 
                necessary to provide waterborne escorts to those 
                certain dangerous cargo shipments for which a security 
                zone is established.
    (d) Definitions.--For the purposes of this section, the follow 
definitions apply:
            (1) Certain dangerous cargo.--The term ``certain dangerous 
        cargo'' means a material, or a group or class of material, in a 
        particular amount and form that the Secretary, though the 
        Commandant, determines by regulation poses a significant risk 
        of creating a transportation security incident while being 
        transported in maritime commerce.
            (2) Area maritime security committee.--The term ``Area 
        Maritime Security Committee'' means each of those committees 
        responsible for producing Area Maritime Transportation Security 
        Plans under chapter 701 of title 46, United States Code.
            (3) Transportation security incident.--The term 
        ``transportation security incident'' has the same meaning as 
        that term has in section 70101 of title 46, United States Code.

SEC. 15. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

    (a) Notice of Recommendation.--Consistent with other provisions of 
law, the Secretary of Homeland Security must notify the Federal Energy 
Regulatory Commission when a recommendation is made that the waterway 
to a proposed waterside liquefied natural gas facility is suitable or 
unsuitable for the marine traffic associated with such facility.
    (b) Federal Energy Regulatory Commission Response.--The Federal 
Energy Regulatory Commission shall respond to the Secretary's 
recommendation under subsection (a) by informing the Secretary within 
90 days of notification or at the conclusion of any available appeal 
process, whichever is later, of what action the Commission has taken, 
pursuant to its authorities under the Natural Gas Act, regarding a 
proposal to construct and operate a waterside liquefied natural gas 
facility subject to a determination made under subsection (a).

SEC. 16. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO MITIGATE THE 
              THREAT OF SMALL BOAT ATTACK IN MAJOR PORTS.

    The Secretary of Homeland Security shall assess and report to 
Congress on the feasibility of efforts to mitigate the threat of small 
boat attack in security zones of major ports, including specifically 
the use of transponders or radio frequency identification devices to 
track small boats.

SEC. 17. ADMINISTRATION OF MARITIME SECURITY.

    (a) Establish Maritime Security as a Coast Guard Function.--Chapter 
5 of title 14, United States Code, is further amended by adding at the 
end the following new section:
``Sec. 103. Maritime security
    ``To protect life, property, and the environment on, under, and 
over waters subject to the jurisdiction of the United States and on 
vessels subject to the jurisdiction of the United States, the 
Commandant shall promote maritime security as follows:
            ``(1) By taking actions necessary in the public interest to 
        protect such life, property, and the environment.
            ``(2) Based on priorities established by the Commandant 
        including--
                    ``(A) protecting maritime borders from all 
                intrusions, reducing the risk from terrorism to United 
                States passengers at foreign and domestic ports and in 
                designated waterfront facilities, and preventing and 
                responding to terrorist attacks and other homeland 
                security threats;
                    ``(B) protecting critical maritime infrastructure 
                and other key resources; and
                    ``(C) preventing, to the maximum extent 
                practicable, a transportation security incident as 
                defined in section 70101 of title 46.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is further amended by adding at the end the following new item:

``Sec. 103. Maritime security.''.
    (c) Maritime Security Staff.--
            (1) In general.--Chapter 3 of title 14, United States Code, 
        is further amended by adding at the end the following new 
        sections:
``Sec. 60. Maritime security workforce
    ``(a) Designation of Maritime Security Workforce.--
            ``(1) In general.--The Secretary, acting through the 
        Commandant, shall ensure appropriate coverage of maritime 
        security missions within the workforce in each sector.
            ``(2) Required positions.--In designating positions under 
        paragraph (1), the Secretary shall include the following 
        maritime security-related positions:
                    ``(A) Program oversight.
                    ``(B) Counterterrorism functions.
                    ``(C) Counterintelligence functions.
                    ``(D) Criminal investigations related to maritime 
                security.
                    ``(E) Port security enforcement.
                    ``(F) Any other activities that the Commandant 
                deems as necessary.
            ``(3) Maritime security management activities.--The 
        Secretary shall also designate under paragraph (1) those 
        maritime security-related management positions located at Coast 
        Guard headquarters, Coast Guard Readiness Command, Coast Guard 
        Operations Command, the Deployable Operations Group, and the 
        Intelligence Coordination Center.
    ``(b) Career Paths.--The Secretary, acting through the Commandant, 
may establish appropriate career paths for civilian and military Coast 
Guard personnel who wish to pursue careers in maritime security are 
identified in terms of the education, training, experience, and 
assignments necessary for career progression of civilians and member of 
the Armed Forces to the most senior maritime security positions. The 
Secretary shall make available published information on such career 
paths.
    ``(c) Balanced Workforce Policy.--In the development of maritime 
security workforce policies under this section with respect to any 
civilian employees or applicants for employment with the Coast Guard, 
the Secretary shall, consistent with the merit system principles set 
out in paragraphs (1) and (2) of section 2301(b) of title 5, take into 
consideration the need to maintain a balance workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service.
    ``(d) Sector Chief of Maritime Security.--
            ``(1) In general.--The Commandant may assign, as 
        appropriate, a Chief of Maritime Security who shall be at least 
        a Lieutenant Commander or civilian employee within the grade 
        GS-13 of the General Schedule in each Coast Guard sector.
            ``(2) Functions.--The Chief of Maritime Security for a 
        sector--
                    ``(A) is responsible for all individuals who, on 
                behalf of the Coast Guard, conduct port security 
                operations, counterterrorism operations, intelligence 
                and counterintelligence operations, and support 
                national defense operations; and
                    ``(B) if not the Coast Guard officer in command of 
                that sector, is the principal advisor to the Sector 
                Commander regarding maritime security matters in that 
                sector.
    ``(e) Signatories of Letter of Qualification.--Each individual 
signing a letter of qualification for maritime security personnel must 
hold a letter of qualification for the type being certified.
``Sec. 61. Centers of expertise for maritime security
    ``(a) Establishment.--The Commandant may establish and operate one 
or more centers of Maritime Security (in this section referred to as a 
`Center').
    ``(b) Missions.--The Centers shall--
            ``(1) be used to facility education, training, and research 
        in maritime security including maritime domain awareness, 
        counterterrorism policy and operations, and intelligence 
        collection, fusion, and dissemination;
            ``(2) develop a repository on information on maritime 
        security; and
            ``(3) perform any other function as the Commandant may 
        specify.
    ``(c) Joint Operation With Educational Institution Authorized.--The 
Commandant may enter into an agreement with an appropriate official of 
an institution of higher education to--
            ``(1) provide for joint operation of a Center; and
            ``(2) provide necessary administrative service for a 
        Center, including administration and allocation of funds.
    ``(d) Acceptance of Donations.--
            ``(1) In general.--The Commandant may accept, on behalf of 
        a center, donations to be used to defray the costs of the 
        Center or to enhance the operation of the Center.
            ``(2) Guidance.--The Commandant shall prescribe written 
        guidance setting forth the criteria to be used in determining 
        if the acceptance of a donation is appropriate.''.
            (2) Clerical amendment.--The analysis at the beginning of 
        such chapter is further amended by adding at the end the 
        following new items:

``Sec. 60. Maritime security workforce.
``Sec. 61. Centers of expertise for maritime security.''.
    (d) Powers and Duties.--Section 93 of title 14, United States Code, 
is amended by adding at the end the following new subsection:
    ``(e) In exercising the Commandant's duties and responsibilities 
with regard to maritime security, the Commandant shall designate a flag 
officer to serve as the principal advisor to the Commandant for 
maritime security. The designee shall have at least 10 years combined 
experience in operations, intelligence, counterterrorism, 
counterintelligence, port security, criminal investigations (except 
maritime casualty investigations), and port security or other maritime 
security functions, and at least four years of leadership experience at 
a staff or unit carrying out maritime security functions.''.

SEC. 18. CHECKS AGAINST TERRORIST WATCHLIST.

    The Secretary of Homeland Security shall, to the extent 
practicable, check against all available terrorist watchlists those 
persons suspected of alien smuggling and smuggled individuals who are 
interdicted at the land, air, and sea borders of the United States.

SEC. 19. SECURITY TEAM COMMUNICATIONS PLAN.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Commandant of the Coast Guard shall submit to the 
Committees on Homeland Security and Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a plan to address communications 
deficiencies of maritime safety and security teams, as identified by 
the Office of Inspector General of the Department of Homeland Security.
    (b) Contents.--The plan shall include--
            (1) a description of interim corrective actions completed 
        before such enactment to ensure the safety on the maritime 
        safety and security teams and the public;
            (2) a description of additional corrective actions that 
        have not been implemented, and a timeline for their 
        implementation; and
            (3) an estimate of the repair or replacement costs to 
        provide maritime safety and security teams an effective means 
        of communicating electronically between the cabin and the 
        weapons team on vessels of the teams.
                                 <all>
```