I 

111TH CONGRESS 

2D SESSION H. R. 5346 

To enhance homeland security in the ports and waterways of the United 

States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2010 

Mr. THOMPSON of Mississippi 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 enhance homeland security in the ports and waterways 

of the United States, 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, 

3 SECTION 1. AMERICA’S WATERWAY WATCH PROGRAM. 

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

5 ‘‘America’s Waterway Watch Act’’. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that the Secretary of Homeland Security should es8 tablish, within the Department of Homeland Security, citVerDate Mar 15 2010 22:23 May 20, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5346.IH H5346

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1 izen watch programs that promote voluntary reporting of 

2 suspected terrorist activity and suspicious behavior. 

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

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

5 within the Coast Guard, the America’s Waterway 

6 Watch Program (hereinafter in this section referred 

7 to as the ‘‘Program’’). 

8 (2) PURPOSE.—The Secretary of Homeland Se9 curity, acting through the Commandant of the Coast 

10 Guard, shall administer the Program in a manner 

11 that promotes voluntary reporting of activities that 

12 may indicate that a person or persons may be pre13 paring to engage or engaging in a violation of law 

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

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

16 States Code) against a vessel, facility, port, or wa17 terway. 

18 (3) INFORMATION; TRAINING.— 

19 (A) INFORMATION.—The Secretary, acting 

20 through the Commandant, may establish, as an 

21 element of the Program, a network of individ22 uals and community-based organizations that 

23 enhance the situational awareness within the 

24 Nation’s ports and waterways. Such network 

25 shall, to the extent practicable, be conducted in 


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1 cooperation with Federal, State, and local law 

2 enforcement agencies. 

3 (B) TRAINING.—The Secretary, acting 

4 through the Commandant, may provide training 

5 in— 

6 (i) observing and reporting on covered 

7 activities; and 

8 (ii) sharing such reports and coordi9 nating the response by Federal, State, and 

10 local law enforcement agencies. 

11 (4) INSTRUCTIONAL MATERIALS.— 

12 (A) IN GENERAL.—The Secretary of 

13 Homeland Security, acting through the Com14 mandant of the Coast Guard, may— 

15 (i) develop instructional materials 

16 that— 

17 (I) provide information on inland 

18 waterways, ports and harbors, and 

19 coastal regions for a specific region, 

20 as well as specific vulnerabilities and 

21 threats common to a specific region; 

22 and 

23 (II) promote voluntary reporting 

24 of activities that may indicate that a 

25 person or persons may be preparing 


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1 to engage or engaging in a violation of 

2 law relating to a threat or an act of 

3 terrorism (as that term is defined in 

4 section 3077 of title 18, United States 

5 Code) against a vessel, facility, port, 

6 or waterway; and 

7 (ii) distribute such materials to 

8 States, political subdivisions of the States, 

9 or non-governmental organization that pro10 vide instruction on boating or vessel oper11 ation in conjunction with any other in12 struction provided. 

13 (B) DISSEMINATION.—The Secretary, act14 ing through the Commandant— 

15 (i) shall ensure that such materials 

16 are made available to any person or per17 sons; and 

18 (ii) is authorized to require, as a con19 dition of receipt of funding or materials, 

20 pursuant to subparagraph (A), that the re21 cipient of such funding or materials devel22 ops a program to reach the widest possible 

23 audience. 

24 (C) ELIGIBILITY, FEDERAL ASSISTANCE.— 

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1 terials shall not diminish the eligibility of any 

2 State, political subdivision of such State, or 

3 non-governmental organization to receive Fed4 eral assistance or reduce the amount of Federal 

5 assistance that such State, political subdivision 

6 of such State, or non-governmental organization 

7 that otherwise receive. 

8 (5) VOLUNTARY PARTICIPATION.—Participation 

9 in the Program— 

10 (A) shall be wholly voluntary; 

11 (B) shall not be a prerequisite to eligibility 

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

13 from, or to participation in, any other program 

14 of any kind; and 

15 (C) shall not require disclosure of informa16 tion regarding the individual reporting covered 

17 activities or, for proprietary purposes, the loca18 tion of such individual. 

19 (6) DEFINITIONS.—In this subsection: 

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

21 suspicious transaction, activity, or occurrence 

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

23 facility (as that term is defined in section 

24 70101(2) of title 46, United States Code) indi25 cating that an individual or individuals may be 


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1 preparing to engage, or engaging, in a violation 

2 of law relating to— 

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

4 or waterway; or 

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

6 is defined in section 3077 of title 18, 

7 United States Code). 

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

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

10 title 46, United States Code. 

11 (7) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated for the pur13 poses of this section $3,000,000 for fiscal years 

14 2010 through 2015. Such funds shall remain avail15 able until expended. 

16 (d) COORDINATION.—The Secretary shall coordinate 

17 the Program with other like watch programs. The Sec18 retary shall submit, concurrent with the President’s budg19 et submission for each fiscal year, a report on coordination 

20 of the Program and like watch programs within the De21 partment of Homeland Security to the Committee on 

22 Homeland Security and Governmental Affairs of the Sen23 ate and the Committee on Homeland Security of the 

24 House of Representatives. 


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1 SEC. 2. TRANSPORTATION WORKER IDENTIFICATION CRE2 DENTIAL. 

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

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

5 of title 46, United States Code, to test TWIC access con6 trol technologies at port facilities and vessels nationwide, 

7 the Secretary of Homeland Security shall submit to the 

8 Committee on Homeland Security and the Committee on 

9 Transportation and Infrastructure of the House of Rep10 resentatives, the Committee on Commerce, Science, and 

11 Transportation of the Senate, and the Committee on 

12 Homeland Security and Governmental Affairs of the Sen13 ate and to the Comptroller General a report containing 

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

15 include— 

16 (1) the findings of the pilot program with re17 spect to key technical and operational aspects of im18 plementing TWIC technologies in the maritime sec19 tor; 

20 (2) a comprehensive listing of the extent to 

21 which established metrics were achieved during the 

22 pilot program; and 

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1 nologies and strategies for mitigating identified chal2 lenges. 

3 (b) GAO ASSESSMENT.—The Comptroller General 

4 shall review the report and submit to the Committee on 

5 Homeland Security and the Committee on Transportation 

6 and Infrastructure of the House of Representatives, the 

7 Committee on Commerce, Science, and Transportation of 

8 the Senate, and the Committee on Homeland Security and 

9 Governmental Affairs of the Senate an assessment of the 

10 report’s findings and recommendations. 

11 SEC. 3. REVIEW OF INTERAGENCY OPERATIONAL CENTERS. 

12 (a) IN GENERAL.—Within 180 days of enactment of 

13 this Act, the Department of Homeland Security Inspector 

14 General shall provide a report to the Committee on Home15 land Security and the Committee on Transportation and 

16 Infrastructure of the House of Representatives and the 

17 Committees on Homeland Security and Governmental Af18 fairs and Commerce, Science, and Transportation of the 

19 Senate concerning the establishment of Interagency Oper20 ational Centers for Port Security required by section 108 

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

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

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

24 to establish the Interagency Operational Centers; 

25 (2) a timeline for construction; 


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

2 incorporation of those representatives required by 

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

4 Code; 

5 (4) an analysis of the hurdles faced by the De6 partment in developing these centers; 

7 (5) information on the number of security clear8 ances attained by State, local, and tribal officials 

9 participating in the program; and 

10 (6) an examination of the relationship between 

11 the Interagency Operational Centers and State, 

12 local, and regional fusion centers participating in the 

13 Department of Homeland Security’s State, Local, 

14 and Regional Fusion Center Initiative under section 

15 511 of the Implementing the Recommendations of 

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

17 53), with a particular emphasis on— 

18 (A) how the centers collaborate and coordi19 nate their efforts; 

20 (B) the resources allocated by the Coast 

21 Guard to both initiatives; and 

22 (C) architecture for integrated interagency 

23 targeting. 


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1 SEC. 4. MARITIME SECURITY RESPONSE TEAMS. 

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

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

4 inserting the following: 

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

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

7 safety and security teams, the Secretary shall estab8 lish no less than two maritime security response 

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

10 counterterrorism and law enforcement response 

11 units that can apply advanced interdiction skills in 

12 response to threats of maritime terrorism. 

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

14 maritime security response teams shall be stationed 

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

16 the response time to any reported maritime terrorist 

17 threat. 

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

19 the maximum extent feasible, each maritime safety and 

20 security team and maritime security response team shall 

21 coordinate its activities with other Federal, State, and 

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

23 SEC. 5. COAST GUARD DETECTION CANINE TEAM PROGRAM 

24 EXPANSION. 

25 (a) DEFINITIONS.—For purposes of this section: 


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1 (1) CANINE DETECTION TEAM.—The term ‘‘de2 tection canine team’’ means a canine and a canine 

3 handler that are trained to detect narcotics or explo4 sives, or other threats as defined by the Secretary. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Homeland Security. 

7 (b) DETECTION CANINE TEAMS.— 

8 (1) INCREASED CAPACITY.—Not later than 240 

9 days after the date of enactment of this Act, the 

10 Secretary shall— 

11 (A) begin to increase the number of detec12 tion canine teams certified by the Coast Guard 

13 for the purposes of maritime-related security by 

14 no fewer than 10 canine teams annually 

15 through fiscal year 2012; and 

16 (B) encourage owners and operators of 

17 port facilities, passenger cruise liners, ocean18 going cargo vessels, and other vessels identified 

19 by the Secretary to strengthen security through 

20 the use of highly trained detection canine 

21 teams. 

22 (2) CANINE PROCUREMENT.—The Secretary, 

23 acting through the Commandant of the Coast 

24 Guard, shall— 


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1 (A) procure detection canine teams as effi2 ciently as possible, including, to the greatest ex3 tent possible, through increased domestic breed4 ing, while meeting the performance needs and 

5 criteria established by the Commandant; 

6 (B) support expansion and upgrading of 

7 existing canine training facilities operated by 

8 the Department of Homeland Security; and 

9 (C) as appropriate, partner with other 

10 Federal, State, or local agencies, nonprofit or11 ganizations, universities, or the private sector to 

12 increase the breeding and training capacity for 

13 Coast Guard canine detection teams. 

14 (c) DEPLOYMENT.—The Secretary shall prioritize de15 ployment of the additional canine teams to ports based 

16 on risk, consistent with the Security and Accountability 

17 For Every Port Act of 2006 (Public Law 109–347). 

18 (d) AUTHORIZATION.—There are authorized to be ap19 propriated to the Secretary such sums as may be nec20 essary to carry out this section for fiscal years 2010 

21 through 2012. 

22 SEC. 6. COAST GUARD PORT ASSISTANCE PROGRAM. 

23 (a) IN GENERAL.—Section 70110 of title 46, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 

2 ‘‘(1) IN GENERAL.—The Secretary may lend, 

3 lease, donate, or otherwise provide equipment, and 

4 provide technical training and support, to the owner 

5 or operator of a foreign port or facility— 

6 ‘‘(A) to assist in bringing the port or facil7 ity into compliance with applicable International 

8 Ship and Port Facility Code standards; 

9 ‘‘(B) to assist the port or facility in meet10 ing standards established under section 70109A 

11 of this chapter; and 

12 ‘‘(C) to assist the port or facility in exceed13 ing the standards described in subparagraphs 

14 (A) and (B). 

15 ‘‘(2) CONDITIONS.—The Secretary— 

16 ‘‘(A) shall provide such assistance based 

17 upon an assessment of the risks to the security 

18 of the United States and the inability of the 

19 owner or operator of the port or facility other20 wise to bring the port or facility into compli21 ance with those standards and to maintain com22 pliance with them; 

23 ‘‘(B) may not provide such assistance un24 less the port or facility has been subjected to a 

25 comprehensive port security assessment by the 


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1 Coast Guard or a third party entity certified by 

2 the Secretary under section 70110A(b) to vali3 date foreign port or facility compliance with 

4 International Ship and Port Facility Code 

5 standards; and 

6 ‘‘(C) may only lend, lease, or otherwise 

7 provide equipment that the Secretary has first 

8 determined is not required by the Coast Guard 

9 for the performance of its missions.’’. 

10 (b) SAFETY AND SECURITY ASSISTANCE FOR FOR11 EIGN PORTS.— 

12 (1) IN GENERAL.—Section 70110(e)(1) of title 

13 46, United States Code, is amended by striking the 

14 second sentence and inserting the following: ‘‘The 

15 Secretary shall establish a strategic plan to utilize 

16 those assistance programs to assist ports and facili17 ties that are found by the Secretary under sub18 section (a) not to maintain effective antiterrorism 

19 measures in the implementation of port security 

20 antiterrorism measures.’’. 

21 (2) CONFORMING AMENDMENTS.— 

22 (A) Section 70110 of title 46, United 

23 States Code, is amended— 

24 (i) by inserting ‘‘or facilities’’ after 

25 ‘‘ports’’ in the section heading; 


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1 (ii) by inserting ‘‘or facility’’ after 

2 ‘‘port’’ each place it appears; and 

3 (iii) by striking ‘‘PORTS’’ in the head4 ing for subsection (e) and inserting 

5 ‘‘PORTS, FACILITIES,’’. 

6 (B) The chapter analysis for chapter 701 

7 of title 46, United States Code, is amended by 

8 striking the item relating to section 70110 and 

9 inserting the following: 

‘‘70110. Actions and assistance for foreign ports or facilities and United States 

territories.’’. 

10 SEC. 7. MARITIME BIOMETRIC IDENTIFICATION. 

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

12 the enactment of this Act, the Secretary of Homeland Se13 curity, acting through the Commandant of the Coast 

14 Guard, shall conduct, in the maritime environment, a pro15 gram for the mobile biometric identification of suspected 

16 individuals, including terrorists, to enhance border secu17 rity and for other purposes. 

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

19 program required in this section is coordinated with other 

20 biometric identification programs within the Department 

21 of Homeland Security. 

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

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

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1 rity of the House of Representatives and the Committees 

2 on Appropriations and Homeland Security and Govern3 mental Affairs of the Senate an analysis of the cost of 

4 expanding the Coast Guard’s biometric identification ca5 pabilities for use by the Coast Guard’s Deployable Oper6 ations Group, cutters, stations, and other deployable mari7 time teams considered appropriate by the Secretary, and 

8 any other appropriate Department of Homeland Security 

9 maritime vessels and units. The analysis may include a 

10 tiered plan for the deployment of this program that gives 

11 priority to vessels and units more likely to encounter indi12 viduals suspected of making illegal border crossings 

13 through the maritime environment. 

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

15 the term ‘‘biometric identification’’ means use of finger16 print and digital photography images and facial and iris 

17 scan technology. 

18 (e) STUDY ON COMBINATION OF FACIAL AND IRIS

19 RECOGNITION.— 

20 (1) STUDY REQUIRED.—The Secretary of 

21 Homeland Security shall carry out a study on the 

22 use by the Coast Guard of the combination of facial 

23 and iris recognition to rapidly identify individuals 

24 for security purposes. Such study shall focus on— 


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1 (A) increased accuracy of facial recogni2 tion; 

3 (B) enhancement of existing iris recogni4 tion technology; and 

5 (C) establishment of integrated face and 

6 iris features for accurate identification of indi7 viduals. 

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

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

10 use of a combination of facial and iris recognition to 

11 provide a higher probability of success in identifica12 tion than either approach on its own and to achieve 

13 transformational advances in the flexibility, authen14 ticity, and overall capability of integrated biometric 

15 detectors and satisfy one of major issues with war 

16 against terrorists. The operational goal of the study 

17 should be to provide the capability to nonintrusively 

18 collect biometrics (face image, iris) in an accurate 

19 and expeditious manner to assist the Coast Guard in 

20 fulfilling its mission to protect and support national 

21 security. 

22 SEC. 8. REVIEW OF POTENTIAL THREATS. 

23 Not later than 1 year after the date of enactment 

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives and the Committee on Commerce, 

3 Science, and Transportation of the Senate a report ana4 lyzing the threat, vulnerability, and consequence of a ter5 rorist attack on gasoline and chemical cargo shipments in 

6 port activity areas in the United States. 

7 SEC. 9. PORT SECURITY PILOT. 

8 The Secretary of Homeland Security shall establish 

9 a pilot program to test and deploy preventive radiological 

10 or nuclear detection equipment on Coast Guard vessels 

11 and other locations in select port regions to enhance bor12 der security and for other purposes. The pilot program 

13 shall leverage existing Federal grant funding to support 

14 this program and the procurement of additional equip15 ment. 

16 SEC. 10. SEASONAL WORKERS. 

17 (a) STUDY.—The Comptroller General of the United 

18 States shall conduct a study on the effects that the Trans19 portation Worker Identification Credential (in this section 

20 referred to as ‘‘TWIC’’) required by section 70105 of title 

21 46, United States Code, has on companies that employ 

22 seasonal employees. 

23 (b) REPORT.—Not later than one year after the date 

24 of enactment of this Act, the Comptroller General shall 

25 submit a report to the Committee on Homeland Security 


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1 and the Committee on Transportation and Infrastructure 

2 of the House of Representatives and the Committee on 

3 Commerce, Science, and Transportation of the Senate on 

4 the results of the study, including— 

5 (1) costs associated in requiring seasonal em6 ployees to obtain TWIC cards on companies; 

7 (2) whether the Coast Guard and Transpor8 tation Security Administration are processing TWIC 

9 applications quickly enough for seasonal workers to 

10 obtain TWIC certification; 

11 (3) whether TWIC compliance costs or other 

12 factors have led to a reduction in service; 

13 (4) the impact of TWIC on the recruiting and 

14 hiring of seasonal and other temporary employees; 

15 and 

16 (5) an assessment of possible alternatives to 

17 TWIC certification that may be used for seasonal 

18 employees including any security vulnerabilities cre19 ated by those alternatives. 

20 SEC. 11. PILOT PROGRAM FOR FINGERPRINTING OF MARI21 TIME WORKERS. 

22 (a) IN GENERAL.—Within 180 days after the date 

23 of enactment of this Act, the Secretary of Homeland Secu24 rity shall establish procedures providing for an individual 

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1 ing a transportation security card under section 70105 of 

2 title 46, United States Code, to be fingerprinted at any 

3 facility operated by or under contract with an agency of 

4 the Department of Homeland Security that fingerprints 

5 the public for the Department. 

6 (b) EXPIRATION.—This section expires on December 

7 31, 2012. 

8 SEC. 12. TRANSPORTATION SECURITY CARDS ON VESSELS. 

9 Section 70105(b)(2) of title 46, United States Code, 

10 is amended— 

11 (1) in subparagraph (B), by inserting after 

12 ‘‘title’’ the following: ‘‘allowed unescorted access to 

13 a secure area designated in a vessel security plan ap14 proved under section 70103 of this title’’; and 

15 (2) in subparagraph (D), by inserting after 

16 ‘‘tank vessel’’ the following: ‘‘allowed unescorted ac17 cess to a secure area designated in a vessel security 

18 plan approved under section 70103 of this title’’. 

19 SEC. 13. INTERNATIONAL LABOR STUDY. 

20 The Comptroller General of the United States shall 

21 conduct a study of methods to conduct a background secu22 rity investigation of an individual who possesses a biomet23 ric identification card that complies with International 

24 Labor Convention number 185 that are equivalent to the 

25 investigation conducted on individuals applying for a visa 


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1 to enter the United States. The Comptroller General shall 

2 submit a report on the study within 180 days after the 

3 date of enactment of this Act to the Committee on Trans4 portation and Infrastructure and the Committee on 

5 Homeland Security of the House of Representatives and 

6 the Committee on Commerce, Science, and Transportation 

7 of the Senate. 

8 SEC. 14. MARITIME SECURITY ADVISORY COMMITTEES. 

9 Section 70112 of title 46, United States Code, is 

10 amended— 

11 (1) by amending subsection (b)(5) to read as 

12 follows: 

13 ‘‘(5)(A) The National Maritime Security Advisory 

14 Committee shall be composed of— 

15 ‘‘(i) at least 1 individual who represents 

16 the interests of the port authorities; 

17 ‘‘(ii) at least 1 individual who represents 

18 the interests of the facilities owners or opera19 tors; 

20 ‘‘(iii) at least 1 individual who represents 

21 the interests of the terminal owners or opera22 tors; 

23 ‘‘(iv) at least 1 individual who represents 

24 the interests of the vessel owners or operators; 


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1 ‘‘(v) at least 1 individual who represents 

2 the interests of the maritime labor organiza3 tions; 

4 ‘‘(vi) at least 1 individual who represents 

5 the interests of the academic community; 

6 ‘‘(vii) at least 1 individual who represents 

7 the interests of State or local governments; and 

8 ‘‘(viii) at least 1 individual who represents 

9 the interests of the maritime industry. 

10 ‘‘(B) Each Area Maritime Security Advisory Com11 mittee shall be composed of individuals who represents the 

12 interests of the port industry, terminal operators, port 

13 labor organizations, and other users of the port areas.’’; 

14 and 

15 (2) in subsection (g)— 

16 (A) in paragraph (1)(A), by striking 

17 ‘‘2008;’’ and inserting ‘‘2010;’’; 

18 (B) by repealing paragraph (2); 

19 (C) by striking ‘‘(1)’’; and 

20 (D) by redesignating subparagraphs (A) 

21 and (B) as paragraphs (1) and (2). 

22 SEC. 15. SEAMEN’S SHORESIDE ACCESS. 

23 Each facility security plan approved under section 

24 70103(c) of title 46, United States Code, shall provide a 

25 system for seamen assigned to a vessel at that facility, 


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1 pilots, and representatives of seamen’s welfare and labor 

2 organizations to board and depart the vessel through the 

3 facility in a timely manner at no cost to the individual. 

4 SEC. 16. WATERSIDE SECURITY OF CERTAIN DANGEROUS 

5 CARGO. 

6 (a) NATIONAL STUDY.— 

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

8 Security, acting through the Commandant of the 

9 Coast Guard, shall— 

10 (A) initiate a national study to identify 

11 measures to improve the security of maritime 

12 transportation of certain dangerous cargo; and 

13 (B) coordinate with other Federal agen14 cies, the National Maritime Security Advisory 

15 Committee, and appropriate State and local 

16 government officials through the Area Maritime 

17 Security Committees and other existing coordi18 nating committees, to evaluate the waterside se19 curity of vessels carrying, and waterfront facili20 ties handling, certain dangerous cargo. 

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

22 conducted under this subsection shall include— 

23 (A) an analysis of existing risk assessment 

24 information relating to waterside security gen25 erated by the Coast Guard and Area Maritime 


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1 Security Committees as part of the Maritime 

2 Security Risk Assessment Model; 

3 (B) a review and analysis of appropriate 

4 roles and responsibilities of maritime stake5 holders, including Federal, State, and local law 

6 enforcement and industry security personnel, 

7 responsible for waterside security of vessels car8 rying, and waterfront facilities handling, certain 

9 dangerous cargo, including— 

10 (i) the number of ports in which State 

11 and local law enforcement entities are pro12 viding any services to enforce Coast 

13 Guard-imposed security zones around ves14 sels transiting to, through, or from United 

15 States ports or to conduct security patrols 

16 in United States ports; 

17 (ii) the number of formal agreements 

18 entered into between the Coast Guard and 

19 State and local law enforcement entities to 

20 engage State and local law enforcement en21 tities in the enforcement of Coast Guard22 imposed security zones around vessels 

23 transiting to, through, or from United 

24 States ports or the conduct of port security 

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1 tion of those agreements, and the aid that 

2 State and local entities are engaged to pro3 vide through such agreements; 

4 (iii) the extent to which the Coast 

5 Guard has set national standards for train6 ing, equipment, and resources to ensure 

7 that State and local law enforcement enti8 ties engaged in enforcing Coast Guard-im9 posed security zones around vessels 

10 transiting to, through, or from United 

11 States ports or in conducting port security 

12 patrols in United States ports (or both) 

13 can deter to the maximum extent prac14 ticable a transportation security incident; 

15 (iv) the extent to which the Coast 

16 Guard has assessed the ability of State 

17 and local law enforcement entities to carry 

18 out the security assignments that they 

19 have been engaged to perform, including 

20 their ability to meet any national stand21 ards for training, equipment, and resources 

22 that have been established by the Coast 

23 Guard in order to ensure that those enti24 ties can deter to the maximum extent prac25 ticable a transportation security incident; 


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1 (v) the extent to which State and local 

2 law enforcement entities are able to meet 

3 national standards for training, equipment, 

4 and resources established by the Coast 

5 Guard to ensure that those entities can 

6 deter to the maximum extent practicable a 

7 transportation security incident; 

8 (vi) the differences in law enforcement 

9 authority, and particularly boarding au10 thority, between the Coast Guard and 

11 State and local law enforcement entities, 

12 and the impact that these differences have 

13 on the ability of State and local law en14 forcement entities to provide the same level 

15 of security that the Coast Guard provides 

16 during the enforcement of Coast Guard-im17 posed security zones and the conduct of se18 curity patrols in United States ports; and 

19 (vii) the extent of resource, training, 

20 and equipment differences between State 

21 and local law enforcement entities and the 

22 Coast Guard units engaged in enforcing 

23 Coast Guard-imposed security zones 

24 around vessels transiting to, through, or 


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1 from United States ports or conducting se2 curity patrols in United States ports; 

3 (C) recommendations for risk-based secu4 rity measures to improve waterside security of 

5 vessels carrying, and waterfront facilities han6 dling, certain dangerous cargo; and 

7 (D) identification of security funding alter8 natives, including an analysis of the potential 

9 for cost-sharing by the public and private sec10 tors as well as any challenges associated with 

11 such cost-sharing. 

12 (3) INFORMATION PROTECTION.—In carrying 

13 out the coordination necessary to effectively com14 plete the study, the Commandant shall implement 

15 measures to ensure the protection of any sensitive 

16 security information, proprietary information, or 

17 classified information collected, reviewed, or shared 

18 during collaborative engagement with maritime 

19 stakeholders and other Government entities, except 

20 that nothing in this paragraph shall constitute au21 thority to withhold information from— 

22 (A) the Congress; or 

23 (B) first responders requiring such infor24 mation for the protection of life or property. 


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

2 the date of enactment of this Act, the Secretary, act3 ing through the Commandant, shall submit to the 

4 Committees on Homeland Security and Transpor5 tation and Infrastructure of the House of Represent6 atives and the Committees on Commerce, Science, 

7 and Transportation and Homeland Security and 

8 Governmental Affairs of the Senate a report on the 

9 results of the study under this subsection. 

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

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

12 the Secretary, acting through the Commandant, shall de13 velop, in conjunction with appropriate Federal agencies, 

14 a national strategy for the waterside security of vessels 

15 carrying, and waterfront facilities handling, certain dan16 gerous cargo. The strategy shall utilize the results of the 

17 study required by subsection (a). 

18 (c) SECURITY OF CERTAIN DANGEROUS CARGO.— 

19 (1) ENFORCEMENT OF SECURITY ZONES.—Con20 sistent with other provisions of Federal law, the 

21 Coast Guard shall coordinate and be responsible for 

22 the enforcement of any Federal security zone estab23 lished by the Coast Guard around a vessel con24 taining certain dangerous cargo. The Coast Guard 

25 shall allocate available resources so as to deter and 


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1 respond to a transportation security incident, to the 

2 maximum extent practicable, and to protect lives or 

3 protect property in danger. 

4 (2) LIMITATION ON RELIANCE ON STATE AND

5 LOCAL GOVERNMENT.—Any security arrangement 

6 approved after the date of enactment of this Act to 

7 assist in the enforcement of any security zone estab8 lished by the Coast Guard around a vessel carrying 

9 a certain dangerous cargo or around a waterfront fa10 cility handling a certain dangerous cargo may not be 

11 based upon the provision of security by a State or 

12 local government unless the Secretary, acting 

13 through the Commandant of the Coast Guard, en14 sures that the waterborne patrols operated as part 

15 of that security arrangement by a State or local gov16 ernment have the training, resources, personnel, and 

17 experience necessary to carry out the security re18 sponsibilities that they have been engaged to per19 form in order, to the maximum extent practicable, to 

20 deter and respond to a transportation security inci21 dent. 

22 (3) DETERMINATION REQUIRED FOR NEW FA23 CILITIES.—The Secretary of Homeland Security, 

24 acting through the Commandant of the Coast 

25 Guard, may not approve a facility security plan 


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

2 for a new facility the construction of which is begun 

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

4 or ships through maritime commerce certain dan5 gerous cargo unless the Secretary determines that 

6 there are sufficient resources available to ensure 

7 compliance with the facility security plan. 

8 (4) RESOURCE DEFICIENCY REPORTING.—The 

9 Secretary, acting through the Commandant of the 

10 Coast Guard, shall provide to the Committees on 

11 Homeland Security and Transportation and Infra12 structure of the House of Representatives and the 

13 Committees on Commerce, Science, and Transpor14 tation and Homeland Security and Governmental 

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

16 fiscal year a report indicating— 

17 (A) the number of security zones estab18 lished for certain dangerous cargo shipments; 

19 (B) the number of certain dangerous cargo 

20 shipments provided a waterborne security es21 cort, subdivided by Federal, State, local, or pri22 vate security; and 

23 (C) an assessment as to any additional ves24 sels, personnel, infrastructure, and other re25 sources necessary to provide waterborne escorts 


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1 to those certain dangerous cargo shipments for 

2 which a security zone is established. 

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

4 the follow definitions apply: 

5 (1) CERTAIN DANGEROUS CARGO.—The term 

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

7 group or class of material, in a particular amount 

8 and form that the Secretary, through the Com9 mandant, determines by regulation poses a signifi10 cant risk of creating a transportation security inci11 dent while being transported in maritime commerce. 

12 (2) AREA MARITIME SECURITY COMMITTEE.— 

13 The term ‘‘Area Maritime Security Committee’’ 

14 means each of those committees responsible for pro15 ducing Area Maritime Transportation Security Plans 

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

17 (3) TRANSPORTATION SECURITY INCIDENT.— 

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

19 same meaning as that term has in section 70101 of 

20 title 46, United States Code. 

21 SEC. 17. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 

22 (a) NOTICE OF RECOMMENDATION.—Consistent with 

23 other provisions of law, the Secretary of Homeland Secu24 rity must notify the Federal Energy Regulatory Commis25 sion when a recommendation is made that the waterway 


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1 to a proposed waterside liquefied natural gas facility is 

2 suitable or unsuitable for the marine traffic associated 

3 with such facility. 

4 (b) FEDERAL ENERGY REGULATORY COMMISSION

5 RESPONSE.—The Federal Energy Regulatory Commission 

6 shall respond to the Secretary’s recommendation under 

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

8 of notification or at the conclusion of any available appeal 

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

10 has taken, pursuant to its authorities under the Natural 

11 Gas Act, regarding a proposal to construct and operate 

12 a waterside liquefied natural gas facility subject to a deter13 mination made under subsection (a). 

14 SEC. 18. USE OF SECONDARY AUTHENTICATION FOR 

15 TRANSPORTATION SECURITY CARDS. 

16 The Secretary of Homeland Security may use a sec17 ondary authentication system for individuals applying for 

18 transportation security cards when fingerprints are not 

19 able to be taken or read to enhance transportation secu20 rity. 

21 SEC. 19. ASSESSMENT OF TRANSPORTATION SECURITY 

22 CARD ENROLLMENT SITES. 

23 (a) IN GENERAL.—Not later than 30 days after the 

24 date of the enactment of this Act, the Secretary of Home25 land Security shall prepare an assessment of the enrollVerDate Mar 15 2010 22:23 May 20, 2010 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H5346.IH H5346

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1 ment sites for transportation security cards issued under 

2 section 70105 of title 46, United States Code, including— 

3 (1) the feasibility of keeping those enrollment 

4 sites open after the date of enactment of this Act; 

5 and 

6 (2) the quality of customer service, including 

7 the periods of time individuals are kept on hold on 

8 the telephone, whether appointments are kept, and 

9 processing times for applications. 

10 (b) TIMELINES AND BENCHMARKS.—The Secretary 

11 shall develop timelines and benchmarks for implementing 

12 the findings of the assessment as the Secretary deems nec13 essary. 

14 SEC. 20. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO 

15 MITIGATE THE THREAT OF SMALL BOAT AT16 TACK IN MAJOR PORTS. 

17 The Secretary of the department in which the Coast 

18 Guard is operating shall assess and report to Congress 

19 on the feasibility of efforts to mitigate the threat of small 

20 boat attack in security zones of major ports, including spe21 cifically the use of transponders or radio frequency identi22 fication devices to track small boats. 


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1 SEC. 21. REPORT AND RECOMMENDATION FOR UNIFORM 

2 SECURITY BACKGROUND CHECKS. 

3 Not later than one year after the date of enactment 

4 of this Act, the Comptroller General shall submit to the 

5 Committee on Homeland Security of the House of Rep6 resentatives a report that contains— 

7 (1) a review of background checks and forms of 

8 identification required under State and local trans9 portation security programs; 

10 (2) a determination as to whether the back11 ground checks and forms of identification required 

12 under such programs duplicate or conflict with Fed13 eral programs; and 

14 (3) recommendations on limiting the number of 

15 background checks and forms of identification re16 quired under such programs to reduce or eliminate 

17 duplication with Federal programs. 

18 SEC. 22. ANIMAL-PROPELLED VESSELS. 

19 Notwithstanding section 70105 of title 46, United 

20 States Code, the Secretary shall not require an individual 

21 to hold a transportation security card, or be accompanied 

22 by another individual who holds such a card if— 

23 (1) the individual has been issued a license, cer24 tificate of registry, or merchant mariner’s document 

25 under part E of subtitle II of title 46, United States 

26 Code; 


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1 (2) the individual is not allowed unescorted ac2 cess to a secure area designated in a vessel or facil3 ity security plan approved by the Secretary; and 

4 (3) the individual is engaged in the operation of 

5 a live animal-propelled vessel. 

6 SEC. 23. REQUIREMENTS FOR ISSUANCE OF TRANSPOR7 TATION SECURITY CARDS; ACCESS PENDING 

8 ISSUANCE; REDUNDANT BACKGROUND 

9 CHECKS. 

10 Section 70105 of title 46, United States Code, is 

11 amended by adding at the end the following new sub12 sections: 

13 ‘‘(n) ESCORTING.—The Secretary shall coordinate 

14 with owners and operators subject to this section to allow 

15 any individual who has a pending application for a trans16 portation security card under this section or is waiting for 

17 reissuance of such card, including any individual whose 

18 card has been lost or stolen, and who needs to perform 

19 work in a secure or restricted area to have access to such 

20 area for that purpose through escorting of such individual 

21 in accordance with subsection (a)(1)(B) by another indi22 vidual who holds a transportation security card. 

23 ‘‘(o) PROCESSING TIME.—The Secretary shall review 

24 an initial transportation security card application and re25 spond to the applicant, as appropriate, including the mailVerDate Mar 15 2010 22:23 May 20, 2010 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5346.IH H5346

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1 ing of an Initial Determination of Threat Assessment let2 ter, within 30 days after receipt of the initial application. 

3 The Secretary shall, to the greatest extent practicable, re4 view appeal and waiver requests submitted by a transpor5 tation security card applicant, and send a written decision 

6 or request for additional information required for the ap7 peal or waiver determination, within 30 days after receipt 

8 of the applicant’s appeal or waiver written request. For 

9 an applicant that is required to submit additional informa10 tion for an appeal or waiver determination, the Secretary 

11 shall send a written decision, to the greatest extent prac12 ticable, within 30 days after receipt of all requested infor13 mation. 

14 ‘‘(p) RECEIPT OF CARDS.—Within 180 days after the 

15 date of enactment of this subsection, the Secretary shall 

16 develop a process to permit an individual approved for a 

17 transportation security card under this section to receive 

18 the card at the individual’s place of residence. 

19 ‘‘(q) FINGERPRINTING.—The Secretary shall estab20 lish procedures providing for an individual who is required 

21 to be fingerprinted for purposes of this section to be 

22 fingerprinted at facilities operated by or under contract 

23 with an agency of the Department of the Secretary that 

24 engages in fingerprinting the public for transportation se25 curity or other security purposes. 


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1 ‘‘(r) REDUNDANT BACKGROUND CHECKS.—The Sec2 retary shall prohibit a State or political subdivision thereof 

3 from requiring a separate security background check for 

4 any purpose for which a transportation security card is 

5 issued under this section. The Secretary may waive the 

6 application of this subsection with respect to a State or 

7 political subdivision thereof if the State or political sub8 division demonstrates a compelling homeland security rea9 son that a separate security background check is nec10 essary.’’. 

11 SEC. 24. HARMONIZING SECURITY CARD EXPIRATIONS. 

12 Section 70105(b) of title 46, United States Code, is 

13 amended by adding at the end the following new para14 graph: 

15 ‘‘(6) The Secretary may extend for up to one year 

16 the expiration of a biometric transportation security card 

17 required by this section to align the expiration with the 

18 expiration of a license, certificate of registry, or merchant 

19 mariner document required under chapter 71 or 73.’’. 

20 SEC. 25. ADMINISTRATION OF MARITIME SECURITY. 

21 (a) ESTABLISH MARITIME SECURITY AS A COAST

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

23 Code, is further amended by adding at the end the fol24 lowing new section: 


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1 ‘‘§ 103. Maritime security 

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

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

4 United States and on vessels subject to the jurisdiction 

5 of the United States, the Commandant shall promote mar6 itime security as follows: 

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

8 interest to protect such life, property, and the envi9 ronment. 

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

11 Commandant including— 

12 ‘‘(A) protecting maritime borders from all 

13 intrusions, reducing the risk from terrorism to 

14 United States passengers at foreign and domes15 tic ports and in designated waterfront facilities, 

16 and preventing and responding to terrorist at17 tacks and other homeland security threats; 

18 ‘‘(B) protecting critical maritime infra19 structure and other key resources; and 

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

21 practicable, a transportation security incident 

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

23 (b) CLERICAL AMENDMENT.—The analysis at the be24 ginning of such chapter is further amended by adding at 

25 the end the following new item: 

‘‘Sec. 103. Maritime security.’’. 


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1 (c) MARITIME SECURITY STAFF.— 

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

3 States Code, is further amended by adding at the 

4 end the following new sections: 

5 ‘‘§ 60. Maritime security workforce 

6 ‘‘(a) DESIGNATION OF MARITIME SECURITY WORK7 FORCE.— 

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

9 through the Commandant, shall ensure appropriate 

10 coverage of maritime security missions within the 

11 workforce in each sector. 

12 ‘‘(2) REQUIRED POSITIONS.—In designating po13 sitions under paragraph (1), the Secretary shall in14 clude the following maritime security-related posi15 tions: 

16 ‘‘(A) Program oversight. 

17 ‘‘(B) Counterterrorism functions. 

18 ‘‘(C) Counterintelligence functions. 

19 ‘‘(D) Criminal investigations related to 

20 maritime security. 

21 ‘‘(E) Port security enforcement. 

22 ‘‘(F) Any other activities that the Com23 mandant deems as necessary. 

24 ‘‘(3) MARITIME SECURITY MANAGEMENT AC25 TIVITIES.—The Secretary shall also designate under 


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1 paragraph (1) those maritime security-related man2 agement positions located at Coast Guard head3 quarters, Coast Guard Readiness Command, Coast 

4 Guard Operations Command, the Deployable Oper5 ations Group, and the Intelligence Coordination Cen6 ter. 

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

8 through the Commandant, may establish appropriate ca9 reer paths for civilian and military Coast Guard personnel 

10 who wish to pursue careers in maritime security are identi11 fied in terms of the education, training, experience, and 

12 assignments necessary for career progression of civilians 

13 and member of the Armed Forces to the most senior mari14 time security positions. The Secretary shall make available 

15 published information on such career paths. 

16 ‘‘(c) BALANCED WORKFORCE POLICY.—In the devel17 opment of maritime security workforce policies under this 

18 section with respect to any civilian employees or applicants 

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

20 consistent with the merit system principles set out in para21 graphs (1) and (2) of section 2301(b) of title 5, take into 

22 consideration the need to maintain a balance workforce 

23 in which women and members of racial and ethnic minor24 ity groups are appropriately represented in Government 

25 service. 


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

2 ‘‘(1) IN GENERAL.—The Commandant may as3 sign, as appropriate, a Chief of Maritime Security 

4 who shall be at least a Lieutenant Commander or ci5 vilian employee within the grade GS–13 of the Gen6 eral Schedule in each Coast Guard sector. 

7 ‘‘(2) FUNCTIONS.—The Chief of Maritime Se8 curity for a sector— 

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

10 on behalf of the Coast Guard, conduct port se11 curity operations, counterterrorism operations, 

12 intelligence and counterintelligence operations, 

13 and support national defense operations; and 

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

15 command of that sector, is the principal advisor 

16 to the Sector Commander regarding maritime 

17 security matters in that sector. 

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

19 Each individual signing a letter of qualification for mari20 time security personnel must hold a letter of qualification 

21 for the type being certified. 

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

23 ‘‘(a) ESTABLISHMENT.—The Commandant may es24 tablish and operate one or more centers of Maritime Secu25 rity (in this section referred to as a ‘Center’). 


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1 ‘‘(b) MISSIONS.—The Centers shall— 

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

3 research in maritime security including maritime do4 main awareness, counterterrorism policy and oper5 ations, and intelligence collection, fusion, and dis6 semination; 

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

8 maritime security; and 

9 ‘‘(3) perform any other function as the Com10 mandant may specify. 

11 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI12 TUTION AUTHORIZED.—The Commandant may enter into 

13 an agreement with an appropriate official of an institution 

14 of higher education to— 

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

16 and 

17 ‘‘(2) provide necessary administrative service 

18 for a Center, including administration and allocation 

19 of funds. 

20 ‘‘(d) ACCEPTANCE OF DONATIONS.— 

21 ‘‘(1) IN GENERAL.—The Commandant may ac22 cept, on behalf of a center, donations to be used to 

23 defray the costs of the Center or to enhance the op24 eration of the Center. 


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1 ‘‘(2) GUIDANCE.—The Commandant shall pre2 scribe written guidance setting forth the criteria to 

3 be used in determining if the acceptance of a dona4 tion is appropriate.’’. 

5 (2) CLERICAL AMENDMENT.—The analysis at 

6 the beginning of such chapter is further amended by 

7 adding at the end the following new items: 

‘‘Sec. 60. Maritime security workforce. 

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

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

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

10 following new subsection: 

11 ‘‘(e) In exercising the Commandant’s duties and re12 sponsibilities with regard to maritime security, the Com13 mandant shall designate a flag officer to serve as the prin14 cipal advisor to the Commandant for maritime security. 

15 The designee shall have at least 10 years combined experi16 ence in operations, intelligence, counterterrorism, counter17 intelligence, port security, criminal investigations (except 

18 maritime casualty investigations), and port security or 

19 other maritime security functions, and at least four years 

20 of leadership experience at a staff or unit carrying out 

21 maritime security functions.’’. 


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1 SEC. 26. FRESNEL LENS IN THE PRESQUE ISLE LIGHT 

2 HOUSE IN PRESQUE ISLE, MICHIGAN. 

3 The Commandant of the Coast Guard shall conduct 

4 a study and analysis of the feasibility of the restoring the 

5 Fresnel Lens in the Presque Isle Light House in Presque 

6 Isle, Michigan to operating condition to meet the safety 

7 needs of commerce and submit within 180 days the report 

8 to the Transportation and Infrastructure Committee after 

9 the date of enactment of this Act. 

Æ 


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