II 

111TH CONGRESS 

2D SESSION S. 3639 

To provide for greater maritime transportation security, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2010 

Mr. ROCKEFELLER (for himself and Mrs. HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To provide for greater maritime transportation security, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maritime Transpor5 tation Security Act of 2010’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—SMALL VESSEL SECURITY 

Sec. 101. Recreational vessel operator education. 


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Sec. 102. America’s Waterways Watch. 

TITLE II—TRANSPORTATION OF ESPECIALLY HAZARDOUS CARGO 

Sec. 201. International measures for the safe and secure transportation of especially hazardous cargo. 

Sec. 202. Port security zones. 

TITLE III—PORT AND FACILITY SECURITY 

Sec. 301. Foreign port assessment, assistance, and training. 

Sec. 302. Foreign ports assistance strategic plan. 

Sec. 303. International port and facility inspection coordination. 

Sec. 304. Regional transportation security incident mitigation plan. 

Sec. 305. National tactical plans. 

Sec. 306. Interagency operational centers for port security. 

Sec. 307. Pre-positioning interoperable communications equipment at interagency operational centers. 

Sec. 308. Establishment of a security individual. 

Sec. 309. Seaman shoreside access. 

Sec. 310. Risk based resource allocation. 

Sec. 311. Use of maritime security risk assessment model. 

Sec. 312. Integration of security plans and systems with local port authorities, 

State harbor divisions, and law enforcement agencies. 

Sec. 313. Written agreements required between the Department of Homeland 

Security and public or private marine terminal operators. 

Sec. 314. Port security training and certification. 

Sec. 315. Maritime Security Advisory Committee extension. 

Sec. 316. Vessel security plans for supply and similar vessels. 

Sec. 317. Protection and fair treatment of seafarers. 

TITLE IV—INTERNATIONAL INTERMODAL SUPPLY CHAIN 

SECURITY 

Sec. 401. Single electronic window for filing vessel, crew, and passenger information. 

Sec. 402. Maritime and cargo security integrated project teams. 

Sec. 403. Risk based alignment of maritime security scanning requirements. 

TITLE V—U.S. MARINER PROTECTION 

Sec. 501. Use of force against piracy. 

Sec. 502. Agreements. 

TITLE VI—CREDENTIALING 

Sec. 601. Authorization to extend the duration of licenses, certificates of registry, and merchant mariners’ documents. 

Sec. 602. Animal-propelled vessels. 

TITLE VII—PORT SECURITY GRANTS 

Sec. 701. Continuation of pilot program authority. 

Sec. 702. Grants to tier 1 and tier 2 ports require regional strategic risk management assessment. 


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1 TITLE I—SMALL VESSEL 

2 SECURITY 

3 SEC. 101. RECREATIONAL VESSEL OPERATOR EDUCATION. 

4 (a) IN GENERAL.—Section 4302(a) of title 46, 

5 United States Code, is amended— 

6 (1) by striking ‘‘and’’ after the semicolon in 

7 paragraph (2); 

8 (2) by striking ‘‘equipment.’’ in paragraph (3) 

9 and inserting ‘‘equipment; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(4) establishing education standards for an op12 erator of a recreational vessel equipped with propul13 sion machinery of any kind, and requiring such op14 erator to carry a certificate, card, or other proof of 

15 successful completion of a recreational boating safe16 ty course or test that conforms to the National 

17 Boating Education Standards as recognized by the 

18 United States Coast Guard.’’. 

19 (b) EXEMPTION AUTHORITY.—Section 4302 of title 

20 46, United States Code, is amended— 

21 (1) by redesignating subsection (d) as sub22 section (e); and 

23 (2) by inserting after subsection (c) the fol24 lowing: 


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1 ‘‘(d) EXEMPTIONS.—The Secretary, in promulgating 

2 regulations under this section, may consider providing ex3 emptions from complying with its requirements, including 

4 such exemptions for— 

5 ‘‘(1) any person who has purchased the rec6 reational vessel within the last 30 days and has a 

7 bill of sale in his or her possession to document the 

8 date of purchase, 

9 ‘‘(2) any person renting, chartering, or leasing 

10 for a period of less than 60 days, a recreational ves11 sel equipped with propulsion machinery of any kind 

12 who has a lease or rental agreement in his or her 

13 possession indicating completion of a minimum level 

14 of boating safety awareness and education recog15 nized by the Secretary, and 

16 ‘‘(3) any person who possesses a valid merchant 

17 mariner credential issued by the United States Coast 

18 Guard, 

19 except that when operating a vessel for recreational pur20 poses, the operator must carry either such a valid mer21 chant mariner credential or a boater education certificate 

22 or card required under subsection (a)(4).’’. 

23 (c) FEDERAL PREEMPTION.—Section 4306 of title 

24 46, United States Code, is amended— 


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1 (1) by inserting ‘‘an operator education stand2 ard, or’’ after ‘‘law or regulations establishing’’; and 

3 (2) by adding at the end ‘‘A valid merchant 

4 mariner credential or a boater education certificate 

5 or card required under section 4302(a)(4) issued by 

6 a State shall be recognized and accepted by any 

7 other State.’’. 

8 (d) LIMITATION.—Section 4302(a)(4) of title 46, 

9 United States Code, shall not be construed or interpreted 

10 to require, authorize, or permit any officer or employee 

11 of the United States, whether civilian or military, or that 

12 officer’s agent to issue identification to an operator of a 

13 recreational vessel. 

14 (e) PHASE-IN OF CERTIFICATION REQUIREMENT.— 

15 The regulations promulgated under section 4302(a)(4) of 

16 title 46, United States Code, shall apply— 

17 (1) beginning 3 years after the date of enact18 ment of this Act to operators of recreation vessels 

19 who are 18 years of age or younger; and 

20 (2) beginning 7 years after the date of enact21 ment of this Act to all operators of recreation ves22 sels. 


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1 SEC. 102. AMERICA’S WATERWAYS WATCH. 

2 (a) IN GENERAL.—There is hereby established, with3 in the Coast Guard, the America’s Waterway Watch Pro4 gram. 

5 (b) PURPOSE.—The Secretary, acting through the 

6 Commandant of the Coast Guard, shall administer the 

7 Program in a manner that— 

8 (1) encourages the public and industry to recog9 nize a covered activity; and 

10 (2) promotes voluntary reporting of such activ11 ity. 

12 (c) INFORMATION; TRAINING.— 

13 (1) INFORMATION.—The Secretary may estab14 lish, as an element of the Program, a network of in15 dividuals, entities, and community-based organiza16 tions— 

17 (A) to encourage the public and industry 

18 to recognize and report a covered activity; 

19 (B) to promote voluntary reporting of such 

20 activity; and 

21 (C) to enhance the situational awareness 

22 within the Nation’s ports and waterways. 

23 (2) LAW ENFORCEMENT COOPERATION.—The 

24 Secretary shall conduct the network, to the extent 

25 practicable, in cooperation with Federal, State, and 

26 local law enforcement agencies. 


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1 (3) TRAINING.—The Secretary, acting through 

2 the Commandant, may provide training in— 

3 (A) recognizing and reporting a covered 

4 activity; and 

5 (B) sharing such reports and coordinating 

6 the response by Federal, State, and local law 

7 enforcement agencies. 

8 (d) VOLUNTARY PARTICIPATION.—Participation in 

9 the Program— 

10 (1) shall be wholly voluntary; 

11 (2) shall not be a prerequisite to eligibility for, 

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

13 or to participation in, any other program of any 

14 kind; and 

15 (3) shall not require disclosure of information 

16 regarding the individual reporting a covered activity 

17 or, for proprietary purposes, the location of such in18 dividual. 

19 (e) IMMUNITY.— 

20 (1) IMMUNITY FOR REPORTS OF SUSPECTED

21 TERRORIST ACTIVITY OR SUSPICIOUS BEHAVIOR.— 

22 (A) IN GENERAL.—Any individual who, in 

23 good faith and based on objectively reasonable 

24 suspicion, makes or causes to be made a vol25 untary report of covered activity to an authorVerDate Mar 15 2010 00:12 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3639.IS S3639

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1 ized official shall be immune from civil liability 

2 under Federal, State, and local law for that re3 port. 

4 (B) FALSE REPORTS.—Subparagraph (A) 

5 does not apply to any report that the individual 

6 knew to be false or that was made with reckless 

7 disregard for the truth at the time the indi8 vidual made the report. 

9 (2) IMMUNITY FOR RESPONSE.— 

10 (A) IN GENERAL.—Any authorized official 

11 who observes, or receives a report of, a covered 

12 activity and takes reasonable action in good 

13 faith to respond to such activity shall have 

14 qualified immunity from civil liability for such 

15 action, consistent with applicable law in the rel16 evant jurisdiction. An authorized official not en17 titled to assert the defense of qualified immu18 nity shall nevertheless be immune from civil li19 ability under Federal, State, and local law if 

20 such authorized official takes reasonable action, 

21 in good faith, to respond to the reported activ22 ity. 

23 (B) SAVINGS CLAUSE.—Nothing in this 

24 paragraph shall affect the ability of any author25 ized official to assert any defense, privilege, or 


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1 immunity that would otherwise be available, 

2 and this paragraph shall not be construed as 

3 affecting any such defense, privilege, or immu4 nity. 

5 (3) ATTORNEY FEES AND COSTS.—Any indi6 vidual or authorized official found to be immune 

7 from civil liability under this section shall be entitled 

8 to recover from the plaintiff all reasonable costs and 

9 attorney fees. 

10 (f) DEFINITIONS.—In this section: 

11 (1) AUTHORIZED OFFICIAL.—The term ‘‘au12 thorized official’’ means— 

13 (A) any employee or agent of a vessel, fa14 cility, port, or waterway, or other person with 

15 responsibilities relating to the security of such 

16 systems; 

17 (B) any officer, employee, or agent of the 

18 Department of Homeland Security, the Depart19 ment of Transportation, or the Department of 

20 Justice with responsibilities related to the secu21 rity of vessels, facilities, ports, or waterways; or 

22 (C) any Federal, State, or local law en23 forcement officer. 

24 (2) COVERED ACTIVITY.—The term ‘‘covered 

25 activity’’ means any suspicious transaction, activity, 


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1 or occurrence that involves, or is directed against, a 

2 vessel or facility (as that term is defined in section 

3 70101(2) of title 46, United States Code) indicating 

4 that an individual or individuals may be preparing 

5 to engage, or engaging, in a violation of law relating 

6 to— 

7 (A) a threat to a vessel, facility, port, or 

8 waterway; or 

9 (B) an act of terrorism (as that term is de10 fined in section 3077 of title 18, United States 

11 Code). 

12 (3) FACILITY.—The term ‘‘facility’’ has the 

13 meaning given that term in section 70101(2) of title 

14 46, United States Code. 

15 (4) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Department in which the Coast 

17 Guard is operating. 

18 (g) COORDINATION.—The Secretary shall coordinate 

19 the program with other similar watch programs. The sec20 retary shall submit, concurrent with the President’s budg21 et submission for each fiscal year, a report on coordination 

22 of the program with other similar programs within the De23 partment in which the Coast Guard is operating to the 

24 Senate Committee on Commerce, Science, and Transpor25 tation, the Senate Committee on Homeland Security and 


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1 Governmental Affairs, the House of Representatives Com2 mittee on Homeland Security, and the House of Rep3 resentatives Committee on Transportation and Infrastruc4 ture. 

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary to carry 

7 out this section $3,000,000 for each of fiscal years 2011 

8 through 2016. Such funds shall remain available until ex9 pended. 

10 TITLE II—TRANSPORTATION OF 

11 ESPECIALLY HAZARDOUS 

12 CARGO 

13 SEC. 201. INTERNATIONAL MEASURES FOR THE SAFE AND 

14 SECURE TRANSPORTATION OF ESPECIALLY 

15 HAZARDOUS CARGO. 

16 (a) IN GENERAL.—Chapter 701 of title 46, United 

17 States Code, is amended by inserting after section 70109 

18 the following: 

19 ‘‘§ 70109A. International committee for the safe and 

20 secure transportation of especially haz21 ardous cargo 

22 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

23 with the Secretary of State and other appropriate entities, 

24 is authorized and encouraged to promote, in a manner 


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1 consistent with international treaties, conventions, and 

2 agreements to which the United States is a party, to ini3 tiate a work item within the International Maritime Orga4 nization that addresses the safe and secure transportation 

5 of especially hazardous cargoes and includes representa6 tives of United States trading partners that supply tank, 

7 bulk, or break-bulk vessel shipments of especially haz8 ardous cargo to the United States. 

9 ‘‘(b) SAFE AND SECURE LOADING, UNLOADING, AND

10 TRANSPORTATION OF ESPECIALLY HAZARDOUS CAR11 GOES.—In carrying out this section, the Secretary, pursu12 ant to any work item initiated under subsection (a) of this 

13 section, in cooperation with the International Maritime 

14 Organization and in consultation with the International 

15 Standards Organization and shipping industry stake16 holders, is authorized and encouraged to develop protocols, 

17 procedures, standards, and requirements for receiving, 

18 handling, loading, unloading, vessel crewing, and transpor19 tation of especially hazardous cargo to promote the safe 

20 and secure operation of ports, facilities, and vessels that 

21 transport especially hazardous cargo to the United States. 

22 ‘‘(c) DEADLINES.—The Secretary shall— 

23 ‘‘(1) initiate the development of the committee 

24 within 180 days after the date of enactment of the 

25 Maritime Transportation Security Act of 2010; and 


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1 ‘‘(2) endeavor to have the protocols, procedures, 

2 standards, and requirements developed by the com3 mittee take effect within 3 years after the date of 

4 enactment of that Act. 

5 ‘‘(d) REPORTS.—The Secretary shall report annually 

6 to the Senate Committee on Commerce, Science, and 

7 Transportation, the House of Representatives Committee 

8 on Transportation and Infrastructure, and the House of 

9 Representatives Committee on Homeland Security on the 

10 development, implementation, and administration of the 

11 protocols, procedures, standards, and requirements devel12 oped by the committee established under subsection (a).’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents for chapter 701 of title 46, United States Code, is 

15 amended by inserting after the item relating the section 

16 70109 the following: 

‘‘70109A. International committee for the safe and secure transportation of especially hazardous cargo’’. 

17 SEC. 202. PORT SECURITY ZONES. 

18 (a) IN GENERAL.—Chapter 701 of title 46, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘SUBCHAPTER II. PORT SECURITY ZONES 

22 ‘‘§ 70131. Definitions 

23 ‘‘In this subchapter: 


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1 ‘‘(1) LAW ENFORCEMENT AGENCY.—The term 

2 ‘law enforcement agency’— 

3 ‘‘(A) means an agency of a State, a polit4 ical subdivision of a State, or a Federally recog5 nized tribe that is authorized by law to super6 vise the prevention, detection, investigation, or 

7 prosecution of any violation of criminal law; and 

8 ‘‘(B) for the purposes of entering into a 

9 cooperative enforcement agreement pursuant to 

10 section 70132 of this title, includes a State, a 

11 political subdivision of a State, or a Federally 

12 recognized tribe. 

13 ‘‘(2) SECURITY ZONE.—The term ‘security 

14 zone’ includes a security zone, established pursuant 

15 to section 1 of title II of the Act of June 15, 1917 

16 (50 U.S.C. 191) or section 7(b) of the Ports and 

17 Waterways Safety Act (33 U.S.C. 1226(b)), about a 

18 vessel carrying especially hazardous cargo when such 

19 vessel— 

20 ‘‘(A) enters, or operates within, the inter21 nal waters of the United States and the terri22 torial sea of the United States, extending 3 

23 nautical miles seaward of the baseline; or 

24 ‘‘(B) transfers such cargo or residue in 

25 any port or place, under the jurisdiction of the 


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1 United States, within the territorial sea of the 

2 United States, extending 3 nautical miles sea3 ward of the baseline, or the internal waters of 

4 the United States. 

5 ‘‘(3) SHIPOWNER.—The term ‘shipowner’ 

6 means any person that owns, has an ownership in7 terest in, or operates a vessel subject to the jurisdic8 tion of the United States, for which the Com9 mandant of the Coast Guard, under the direction of 

10 the Secretary, has established a security zone. 

11 ‘‘(4) VESSEL SUBJECT TO THE JURISDICTION

12 OF THE UNITED STATES.—The term ‘vessel subject 

13 to the jurisdiction of the United States’ has the 

14 meaning given that term in section 70502(c) of this 

15 title. 

16 ‘‘§ 70132. Cooperative enforcement agreement 

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

18 Guard, under the direction of the Secretary, may execute 

19 a cooperative enforcement agreement with a law enforce20 ment agency under which the law enforcement agency 

21 shall place— 

22 ‘‘(1) personnel who are deputized pursuant to 

23 subsection (b) and credentialed pursuant to section 

24 70133, and 


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1 ‘‘(2) assets, identified by the Commandant as 

2 necessary to enforce a security zone, 

3 under the command and control of the Coast Guard for 

4 the duration and purpose of enforcing that security zone. 

5 ‘‘(b) DEPUTATION.— 

6 ‘‘(1) IN GENERAL.—The Commandant of the 

7 Coast Guard, under the direction of the Secretary, 

8 may deputize a law enforcement officer, credentialed 

9 pursuant to section 70133 of this title, who is placed 

10 under the command and control of the Coast Guard 

11 for the duration and purpose of enforcing a security 

12 zone. A law enforcement officer, deputized pursuant 

13 to this subsection, shall be treated as an employee 

14 of the Government for purposes of section 1346(b), 

15 section 2401(b), and chapter 171 of title 28 while 

16 under the command and control of the Coast Guard 

17 for the duration and purpose of enforcing the secu18 rity zone. 

19 ‘‘(2) AUTHORITIES.— 

20 ‘‘(A) In addition to the authorities set 

21 forth in section 70118 of this title, a law en22 forcement officer, credentialed pursuant to sec23 tion 70133 of this title and deputized pursuant 

24 to this section, who is placed under the com25 mand and control of the Coast Guard, may, for 


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1 the duration and purpose of enforcing such se2 curity zone only— 

3 ‘‘(i) carry a firearm; 

4 ‘‘(ii) with or without a warrant or 

5 other process— 

6 ‘‘(I) arrest any person, if such of7 ficer has reasonable cause to believe 

8 that such person has violated, at9 tempted to violate, is violating, or is 

10 attempting to violate a security zone, 

11 if such violation is a felony; and 

12 ‘‘(II) board, search, or seize any 

13 vessel, if such officer has reasonable 

14 cause to believe that such vessel has 

15 been used or employed in, or is being 

16 used or employed in, the violation of 

17 a security zone; 

18 ‘‘(iii) use force in accordance with 

19 Coast Guard policy governing the use of 

20 force; and 

21 ‘‘(iv) exercise any other lawful author22 ity. 

23 ‘‘(B) Nothing in the provision shall affect 

24 or diminish the authority of a law enforcement 

25 officer under section 70118 of this title. 


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1 ‘‘(c) LIMITATION.—Nothing in this section shall af2 fect or diminish— 

3 ‘‘(1) Federal authority or responsibility to en4 force a security zone; or 

5 ‘‘(2) the authority or responsibility of any other 

6 Federal agency. 

7 ‘‘(d) CONDITIONAL COOPERATIVE ENFORCEMENT

8 AGREEMENT.—The Commandant may execute a condi9 tional cooperative enforcement agreement with a law en10 forcement agency for the purposes of establishing or in11 creasing the capacity of such agency to place personnel, 

12 either credentialed or to be credentialed pursuant to sec13 tion 70133 of this title, and assets, identified by the Com14 mandant as necessary to enforce the security zone, under 

15 the command and control of the Coast Guard for the pur16 pose of enforcing such security zone. A conditional cooper17 ative enforcement agreement shall be deemed a coopera18 tive enforcement agreement for the purpose of qualifying 

19 for a grant awarded under section 70107 of this title. 


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1 ‘‘§ 70133. Credentialing standards, training, and cer2 tification for State and local support for 

3 the enforcement of security zones for the 

4 transportation of especially hazardous 

5 cargo 

6 ‘‘(a) STANDARD.—The Commandant of the Coast 

7 Guard, under the direction of the Secretary, shall estab8 lish, by regulation, national standards for training, quali9 fication, credentialing, and typing of— 

10 ‘‘(1) law enforcement personnel— 

11 ‘‘(A) to enforce a security zone, pursuant 

12 to a cooperative enforcement agreement; or 

13 ‘‘(B) to assist in the enforcement of a se14 curity zone; and 

15 ‘‘(2) personnel who are employed or retained by 

16 a shipowner to assist in the enforcement of a secu17 rity zone. 

18 ‘‘(b) TRAINING.— 

19 ‘‘(1) The Commandant of the Coast Guard, act20 ing under the direction of the Secretary— 

21 ‘‘(A) shall develop and publish a training 

22 curriculum for— 

23 ‘‘(i) law enforcement personnel to en24 force a security zone, pursuant to a coop25 erative enforcement agreement; 


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1 ‘‘(ii) law enforcement personnel to as2 sist in the enforcement of a security zone; 

3 and 

4 ‘‘(iii) personnel who are employed or 

5 retained by a shipowner to assist in the en6 forcement of a security zone; and 

7 ‘‘(B) may— 

8 ‘‘(i) test and deliver such training; 

9 ‘‘(ii) enter into an agreement under 

10 which a public entity (including a Federal 

11 agency) or private entity may test and de12 liver such training; and 

13 ‘‘(iii) may endorse a program, con14 ducted by a public entity (including a fed15 eral agency) or private entity, through 

16 which such training is delivered. 

17 ‘‘(2) Any Federal agency that provides such 

18 training, and any public or private entity that re19 ceives moneys, pursuant to section 70107(b)(8) of 

20 this title, to provide such training, shall provide the 

21 training— 

22 ‘‘(A) on a priority basis to law enforcement 

23 personnel who are employed by a law enforce24 ment agency that has entered into a cooperative 

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1 ative enforcement agreement under section 

2 70132 of this title; and 

3 ‘‘(B) on an availability basis to— 

4 ‘‘(i) law enforcement personnel who 

5 assist in the enforcement of a security 

6 zone; and 

7 ‘‘(ii) personnel who are employed or 

8 retained by a vessel owner or operator to 

9 assist in the enforcement of a security 

10 zone. 

11 ‘‘(3) If a Federal agency provides the training, 

12 the head of such agency may, notwithstanding any 

13 other provision of law, accept payment from any 

14 source for such training, and any amount received 

15 as payment shall be credited to the appropriation, 

16 current at the time of collection, charged with the 

17 cost thereof and shall be merged with, and available 

18 for, the same purposes of such appropriation. 

19 ‘‘(4) Notwithstanding any other provision of 

20 law, any moneys, awarded by any Federal agency in 

21 the form of awards or grants, may be used by the 

22 recipient to pay for training of personnel to assist in 

23 the enforcement of security zones and limited access 

24 areas. 


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1 ‘‘(c) CREDENTIALING.—The Commandant of the 

2 Coast Guard, under the direction of the Secretary, may 

3 issue a credential to an individual, upon the successful 

4 completion of training that the Commandant may pre5 scribe, as evidence that the individual qualifies— 

6 ‘‘(1) to enforce a security zone, pursuant to a 

7 cooperative enforcement agreement, pursuant to sec8 tion 70132 of this title; or 

9 ‘‘(2) to assist in the enforcement of such a se10 curity zone.’’. 

11 (d) GRANTS; ADMINISTRATION.— 

12 (1) GRANTS.—Section 70107 of title 46, United 

13 States Code, is amended— 

14 (A) by striking ‘‘services.’’ in subsection 

15 (a) and inserting ‘‘services, to implement coop16 erative enforcement agreements with law en17 forcement agencies, to enforce a security zone, 

18 pursuant to a cooperative enforcement agree19 ment pursuant to section 70132 of this title or 

20 to assist in the enforcement of a security zone, 

21 and to train law enforcement personnel under 

22 section 70133 of this title.’’; 

23 (B) in subsection (b)— 

24 (i) by striking paragraph (1) and in25 serting the following: 


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1 ‘‘(1) Salary, benefits, overtime compensation, 

2 retirement contributions, and other costs for— 

3 ‘‘(A) law enforcement personnel who are 

4 employed by a law enforcement agency that has 

5 executed a cooperative enforcement agreement 

6 or conditional cooperative enforcement agree7 ment under section 70132 of this title; 

8 ‘‘(B) law enforcement personnel who assist 

9 in the enforcement of a security zone; and 

10 ‘‘(C) other law enforcement personnel, re11 sponse personnel, and port authority per12 sonnel.’’; 

13 (ii) by striking ‘‘crewmembers.’’ in 

14 paragraph (2) and inserting ‘‘crew mem15 bers, or the cost of acquisition, operation, 

16 and maintenance of assets necessary to en17 force a security zone, pursuant to a coop18 erative enforcement agreement or condi19 tional cooperative enforcement agreement 

20 under section 70132 of this title, or to as21 sist in the enforcement of a security 

22 zone.’’; and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(8) The cost of training law enforcement per2 sonnel— 

3 ‘‘(A) to enforce a security zone pursuant to 

4 a cooperative enforcement agreement or a con5 ditional cooperative enforcement agreement exe6 cuted under section 70132 of this title; or 

7 ‘‘(B) assist in the enforcement of a secu8 rity zone.’’; 

9 (C) by adding at the end of subsection 

10 (c)(2) the following: 

11 ‘‘(C) TRAINING.—There are no matching 

12 requirements for grants under subsection (a) to 

13 train law enforcement agency personnel in the 

14 enforcement of security zones under a coopera15 tive enforcement agreement under section 

16 70132 of this title or in assisting in the en17 forcement of such security zones.’’; and 

18 (D) by striking subsection (l) and inserting 

19 the following: 

20 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated $510,000,000 for each 

22 of the fiscal years 2011 through 2017 to carry out this 

23 section, of which— 


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1 ‘‘(1) not less than $100,000,000 each fiscal 

2 year or 20 percent of the amount appropriated for 

3 a fiscal year, whichever is greater, shall be— 

4 ‘‘(A) awarded, on a priority basis, to law 

5 enforcement agencies that have executed coop6 erative enforcement agreements under section 

7 70131(b)(4) of this title; and 

8 ‘‘(B) prioritized according to risk-based 

9 methodology; and 

10 ‘‘(2) not more than $10,000,000 each fiscal 

11 year or 2 percent of the amount appropriated in a 

12 given fiscal year, whichever is greater, may be 

13 awarded to law enforcement agencies that have exe14 cuted cooperative enforcement agreements under 

15 section 70132 of this title, based solely on the mis16 sion needs of the Coast Guard, as determined by the 

17 Commandant.’’. 

18 (2) LIMITATION.— 

19 (A) A grant under section 70107 of title 

20 46, United States Code, shall not result in the 

21 impairment or reduction of a State recreational 

22 boating safety program for which a law enforce23 ment agency receives an allocation, made pursu24 ant to the Dingell-Johnson Sport Fish Restora25 tion Act (16 U.S.C. 777 et seq.). 


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1 (B) The Commandant of the Coast Guard, 

2 acting under the direction of the Secretary, may 

3 require a law enforcement agency that receives 

4 such a grant and an allocation to submit such 

5 documentation as the Commandant may require 

6 to ensure that the grant did not result in such 

7 an impairment or reduction. 

8 (C) If the Commandant finds that such a 

9 grant has resulted in such an impairment or re10 duction, the Commandant may limit or reduce 

11 future grants under section 70107 of title 46, 

12 United States Code, to such law enforcement 

13 agency or disqualify the agency as a recipient 

14 of a grant for security zone training under that 

15 section for a period not more than 5 years. 

16 (e) DELEGATION.—The Commandant may delegate 

17 to a subordinate commander the authority under sub18 chapter II of chapter 701 of title 46, United States 

19 Code— 

20 (1) to enter into cooperative enforcement agree21 ments or conditional cooperative enforcement agree22 ments; and 

23 (2) to deputize law enforcement officers. 

24 (f) REGULATIONS.—If the Commandant of the Coast 

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1 tions necessary to implement this section or subchapter 

2 II of chapter 701 of title 46, United States Code— 

3 (1) the requirements of chapters 5 and 6 of 

4 title 5, United States Code, or any other law or pol5 icy relating to rulemaking, information collection, or 

6 publication in the Federal Register, shall not apply 

7 in the promulgation of such regulations; and 

8 (2) the Secretary shall not be required to pre9 pare an economic analysis of the cost and benefits 

10 of the final rule. 

11 (g) CONFORMING AMENDMENTS.— 

12 (1) SUBCHAPTER I DESIGNATION.—Chapter 

13 701 of title 46, United States Code, is amended by 

14 inserting before section 70101 the following: 

15 ‘‘SUBCHAPTER I. GENERAL’’. 

16 (2) TABLE OF CONTENTS AMENDMENTS.—The 

17 table of contents for chapter 701 of title 46, United 

18 States Code, is amended— 

19 (A) by inserting before the item relating to 

20 section 70101 the following: 

21 ‘‘SUBCHAPTER I. GENERAL’’; and 

22 (B) by adding at the end the following: 

‘‘SUBCHAPTER II. PORT SECURITY ZONES

‘‘70131. Definitions 

‘‘70132. Cooperative enforcement agreement 

‘‘70133. Credentialing standards, training, and certification for State and local 

support for the enforcement of security zones for the transportation of especially hazardous cargo’’. 


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1 TITLE III—PORT AND FACILITY 

2 SECURITY 

3 SEC. 301. FOREIGN PORT ASSESSMENT, ASSISTANCE, AND 

4 TRAINING. 

5 (a) FOREIGN PORT ASSESSMENT.—Chapter 701 of 

6 title 46, United States Code, is amended— 

7 (1) by adding at the end of section 70108 the 

8 following: 

9 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.— 

10 ‘‘(1) Nothing in this section shall be construed 

11 either to compel the Secretary to inspect a foreign 

12 port, or to affect or limit the Secretary’s ability to 

13 use information or indicia, other than an inspection 

14 of such port, when assessing the effectiveness of the 

15 antiterrorism measures of such port. 

16 ‘‘(2) The absence of an inspection of a foreign 

17 port shall not bar the Secretary from making a find18 ing that a port in a foreign country does not main19 tain effective antiterrorism measures.’’; 

20 (2) by striking ‘‘If the Secretary, after con21 ducting an assessment under section 70108, finds 

22 that a port in a foreign country does not maintain 

23 effective antiterrorism measures,’’ in section 

24 70109(a) and inserting ‘‘Unless the Secretary, after 

25 conducting an assessment under section 70108, 


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1 finds that a port in a foreign country maintains ef2 fective antiterrorism measures,’’; and 

3 (3) by striking ‘‘If the Secretary finds that a 

4 port does not maintain effective antiterrorism meas5 ures,’’ in section 70110(a) and inserting ‘‘Unless the 

6 Secretary finds that a foreign port does not main7 tain effective antiterrorism measures,’’. 

8 (b) ASSISTANCE FOR FOREIGN PORTS.—Section 

9 70110 of such title is further amended— 

10 (1) by striking ‘‘the Secretary finds to lack ef11 fective antiterrorism measures.’’ in subsection (e) 

12 and inserting ‘‘pose unique security and safety 

13 threats to the United States.’’; and 

14 (2) by adding at the end the following: 

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

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

17 lease, donate, or otherwise provide equipment, and 

18 provide technical training and support, to the owner 

19 or operator of a foreign port or facility— 

20 ‘‘(A) to assist in bringing the port or facil21 ity into compliance with applicable International 

22 Ship and Port Facility Code requirements; 

23 ‘‘(B) to assist the port or facility in meet24 ing requirements established under section 

25 70109A of this chapter; and 


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1 ‘‘(C) to assist the port or facility in exceed2 ing the standards described in subparagraph 

3 (2) (A) and (B). 

4 ‘‘(2) CONDITIONS.—The Secretary— 

5 ‘‘(A) may provide such assistance based 

6 upon an assessment of the risks to the security 

7 of the United States and the inability of the 

8 owner or operator of the port or facility to 

9 bring the port or facility into compliance with 

10 those standards and to maintain or exceed com11 pliance with them; 

12 ‘‘(B) may not provide such assistance un13 less the facility or port has been subjected to a 

14 comprehensive port security assessment by the 

15 Coast Guard pursuant to section 70108; and 

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

17 provide equipment that the Secretary has first 

18 determined is not required by the Coast Guard 

19 for the performance of its missions.’’. 

20 (c) TECHNICAL AMENDMENT.—Section 70108(c) of 

21 such title is amended— 

22 (1) by striking paragraph (2); and 

23 (2) by redesignating paragraphs (3) and (4) as 

24 paragraphs (2) and (3), respectively. 


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1 SEC. 302. FOREIGN PORTS ASSISTANCE STRATEGIC PLAN. 

2 (a) IN GENERAL.—Section 70110(e)(1) of title 46, 

3 United States Code, is amended by striking the second 

4 sentence and inserting the following: ‘‘The Secretary shall 

5 establish a strategic plan to utilize those assistance pro6 grams to assist ports and facilities that are found by the 

7 Secretary under subsection (a) not to maintain effective 

8 antiterrorism measures in the implementation of port se9 curity antiterrorism measures.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 70110 of title 46, United States 

12 Code, is amended— 

13 (A) by inserting ‘‘or facilities’’ after 

14 ‘‘ports’’ in the section heading; 

15 (B) by inserting ‘‘or facility’’ after ‘‘port’’ 

16 each place it appears; and 

17 (C) by striking ‘‘PORTS’’ in the heading 

18 for subsection (e) and inserting ‘‘PORTS, FA19 CILITIES,’’. 

20 (2) The table of contents for chapter 701 of 

21 title 46, United States Code, is amended by striking 

22 the item relating to section 70110 and inserting the 

23 following: 

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

territories.’’. 


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1 SEC. 303. INTERNATIONAL PORT AND FACILITY INSPEC2 TION COORDINATION. 

3 (a) COORDINATION.—The Secretary of Homeland se4 curity shall, to the extent practicable, conduct the assess5 ments required by the following provisions of law concur6 rently, or develop a process by which they are integrated 

7 and conducted by the Coast Guard: 

8 (1) Section 205 of the SAFE Port Act (6 

9 U.S.C. 945). 

10 (2) Section 213 of that Act (6 U.S.C. 964). 

11 (3) Section 70108 of title 46, United States 

12 Code. 

13 (b) LIMITATION.—Nothing in subsection (a) shall be 

14 construed to affect or diminish the Secretary’s authority 

15 or discretion— 

16 (1) to conduct an assessment of a foreign port 

17 at any time; 

18 (2) to compel the Secretary to conduct an as19 sessment of a foreign port so as to ensure that 2 or 

20 more assessments are conducted concurrently; or 

21 (3) to cancel an assessment of a foreign port if 

22 the Secretary is unable to conduct 2 or more assess23 ments concurrently. 

24 (c) MULTIPLE ASSESSMENT REPORT.—The Sec25 retary shall provide written notice to the Senate Com26 mittee on Commerce, Science, and Transportation and the 


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1 House of Representatives Committee on Transportation 

2 and Infrastructure whenever the Secretary conducts 2 or 

3 more assessments of the same port within a 3-year period. 

4 (d) EFFECTIVE DATE.—This section shall take effect 

5 6 months after the date of enactment of this Act. 

6 SEC. 304. REGIONAL TRANSPORTATION SECURITY INCI7 DENT MITIGATION PLAN. 

8 Section 70103(b)(2) of title 46, United States Code, 

9 is amended— 

10 (1) by redesignating subparagraphs (E) 

11 through (G) as subparagraphs (F) through (H), re12 spectively; and 

13 (2) by inserting after subparagraph (D) the fol14 lowing: 

15 ‘‘(E) establish regional response and recov16 ery protocols to prepare for, respond to, miti17 gate against, and recover from a transportation 

18 security incident consistent with section 202 of 

19 the Security and Accountability for Every Port 

20 Act of 2006 (6 U.S.C. 942) and subsection (a) 

21 of this section;’’. 

22 SEC. 305. NATIONAL TACTICAL PLANS. 

23 The Secretary of the department in which the Coast 

24 Guard is operating shall ensure that the National Tactical 

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1 tees established under section 70112 of title 46, United 

2 States Code. The Area Maritime Security Committees 

3 shall use the plan in developing regional and local plans 

4 for port security training and exercises. 

5 SEC. 306. INTERAGENCY OPERATIONAL CENTERS FOR 

6 PORT SECURITY. 

7 Section 70107A(b) of title 46, United States Code, 

8 is amended— 

9 (1) by striking paragraph (3); 

10 (2) by redesignating paragraphs (1) and (2) as 

11 paragraphs (2) and (3), respectively; 

12 (3) by inserting before paragraph (2), as so re13 designated, the following: 

14 ‘‘(1)(A) include— 

15 ‘‘(i) information management systems, and 

16 ‘‘(ii) sensor management systems; and 

17 ‘‘(B) where practicable, provide for the physical 

18 co-location of the Coast Guard and, as the Secretary 

19 determines appropriate, representatives of the 

20 United States Customs and Border Protection, the 

21 United States Immigration and Customs Enforce22 ment, the Transportation Security Administration, 

23 the Department of Justice, the Department of De24 fense, and other Federal agencies, State and local 

25 law enforcement or port security personnel, members 


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1 of the Area Maritime Security Committee, and other 

2 public and private sector stakeholders adversely af3 fected by a transportation security incident or trans4 portation disruption;’’; and 

5 (4) in paragraph (2), as so redesignated— 

6 (A) by striking ‘‘existing centers, includ7 ing—’’ and inserting ‘‘existing centers;’’; and 

8 (B) by striking subparagraph (A) and (B); 

9 and 

10 (5) by adding ‘‘and’’ at the end of paragraph 

11 (3), as so redesignated. 

12 SEC. 307. PRE-POSITIONING INTEROPERABLE COMMUNICA13 TIONS EQUIPMENT AT INTERAGENCY OPER14 ATIONAL CENTERS. 

15 Section 70107A of title 46, United States Code, is 

16 amended— 

17 (1) by redesignating subsections (e) and (f) as 

18 subsections (f) and (g), respectively; and 

19 (2) by inserting after subsection (d) the fol20 lowing: 

21 ‘‘(e) DEPLOYMENT OF INTEROPERABLE COMMUNICA22 TIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CEN23 TERS.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

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1 ployed at all interagency operational centers estab2 lished under subsection (a). 

3 ‘‘(2) CONSIDERATIONS.—In carrying out para4 graph (1), the Secretary shall consider the con5 tinuing technological evolution of communications 

6 technologies and devices, with its implicit risk of ob7 solescence, and shall ensure, to the maximum extent 

8 feasible, that a substantial part of the technology de9 ployed involves prenegotiated contracts and other ar10 rangements for rapid deployment of equipment, sup11 plies, and systems rather than the warehousing or 

12 storage of equipment and supplies currently avail13 able at the time the technology is deployed. 

14 ‘‘(3) REQUIREMENTS AND CHARACTERISTICS.— 

15 The interoperable communications technology de16 ployed under paragraph (1) shall— 

17 ‘‘(A) be capable of re-establishing commu18 nications when existing infrastructure is dam19 aged or destroyed in an emergency or a major 

20 disaster; 

21 ‘‘(B) include appropriate current, widely 

22 used equipment, such as Land Mobile Radio 

23 Systems, cellular telephones and satellite equip24 ment, Cells-On-Wheels, Cells-On-Light-Trucks, 

25 or other self-contained mobile cell sites that can 


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1 be towed, backup batteries, generators, fuel, 

2 and computers; 

3 ‘‘(C) include contracts (including 

4 prenegotiated contracts) for rapid delivery of 

5 the most current technology available from 

6 commercial sources; 

7 ‘‘(D) include arrangements for training to 

8 ensure that personnel are familiar with the op9 eration of the equipment and devices to be de10 livered pursuant to such contracts; and 

11 ‘‘(E) be utilized as appropriate during live 

12 area exercises conducted by the United States 

13 Coast Guard. 

14 ‘‘(4) ADDITIONAL CHARACTERISTICS.—Portions 

15 of the communications technology deployed under 

16 paragraph (1) may be virtual and may include items 

17 donated on an in-kind contribution basis. 

18 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

19 this subsection shall be construed or interpreted to 

20 preclude the use of funds under this section by the 

21 Secretary for interim or long-term Internet Protocol22 based interoperable solutions, notwithstanding com23 pliance with the Project 25 standard.’’. 


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1 SEC. 308. ESTABLISHMENT OF A SECURITY INDIVIDUAL. 

2 Under regulations prescribed by the Secretary of the 

3 department in which the Coast Guard is operating, each 

4 vessel documented under chapter 121 of title 46, United 

5 States Code, and each foreign vessel entering a United 

6 States port or a facility on or adjacent to the waterways 

7 of the United States, engaged in the commercial transpor8 tation of goods or passengers shall— 

9 (1) designate a United States person that is re10 sponsible for responding to a transportation security 

11 incident involving the vessel while in the United 

12 States to notify appropriate emergency response en13 tities and facilitating vessel response activities; and 

14 (2) provide notice to the Coast Guard Captain 

15 of the Port of the identity of, and contact for such 

16 person. 

17 SEC. 309. SEAMAN SHORESIDE ACCESS. 

18 Each facility security plan approved under section 

19 70103(c) of title 46, United State Code, shall provide a 

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

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

22 organizations, to board and depart the vessel through the 

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

24 Nothing in this section shall be construed to affect the 

25 requirement for or the fees associated with applying for 

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1 dential pursuant to section 70107 of title 46, United 

2 States Code. 

3 SEC. 310. RISK BASED RESOURCE ALLOCATION. 

4 (a) NATIONAL STANDARD.—Within 1 year after the 

5 date of enactment of this Act, in carrying out chapter 701 

6 of title 46, United States Code, the Secretary of the de7 partment in which the Coast Guard is operating shall de8 velop and utilize a national standard and formula for 

9 prioritizing and addressing assessed security risks at 

10 United State ports and facilities on or adjacent to the wa11 terways of the United States, such as the Maritime As12 sessment Strategy Tool that has been tested by the De13 partment of Homeland Security. 

14 (b) USE BY MARITIME SECURITY COMMITTEES.— 

15 Within 2 years after the date of enactment of this Act, 

16 the Secretary shall require each Area Maritime Security 

17 Committee to use this standard to regularly evaluate each 

18 port’s assessed risk and prioritize how to mitigate the 

19 most significant risks. 

20 (c) OTHER USES OF STANDARD.—The Secretary 

21 shall utilize the standard when considering departmental 

22 resource allocations and grant making decisions. 


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1 SEC. 311. USE OF MARITIME SECURITY RISK ASSESSMENT 

2 MODEL. 

3 Within 180 days after the date of enactment of this 

4 Act, the Secretary of the department in which the Coast 

5 Guard is operating shall make the United States Coast 

6 Guard’s Maritime Security Risk Assessment Model tool 

7 available, in an unclassified version, on a limited basis to 

8 regulated vessels and facilities to conduct true risk assess9 ments of their own facilities and vessels using the same 

10 criteria employed by the United States Coast Guard when 

11 evaluating a port area, facility, or vessel. 

12 SEC. 312. INTEGRATION OF SECURITY PLANS AND SYSTEMS 

13 WITH LOCAL PORT AUTHORITIES, STATE 

14 HARBOR DIVISIONS, AND LAW ENFORCE15 MENT AGENCIES. 

16 Section 70102 of title 46, United States Code, is 

17 amended by adding at the end thereof the following: 

18 ‘‘(c) SHARING OF ASSESSMENT INTEGRATION OF

19 PLANS AND EQUIPMENT.—The owner or operator of a fa20 cility shall— 

21 ‘‘(1) make a current copy of the vulnerability 

22 assessment conducted under subsection (b) available 

23 to the port authority with jurisdiction of the facility 

24 and appropriate State or local law enforcement 

25 agencies; and 


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1 ‘‘(2) integrate, to the maximum feasible extent, 

2 any security system for the facility with compatible 

3 systems operated or maintained by the appropriate 

4 State, law enforcement agencies, and the Coast 

5 Guard.’’. 

6 SEC. 313. WRITTEN AGREEMENTS REQUIRED BETWEEN 

7 THE DEPARTMENT OF HOMELAND SECURITY 

8 AND PUBLIC OR PRIVATE MARINE TERMINAL 

9 OPERATORS. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity shall negotiate and execute a written agreement sepa12 rately with each private or public marine terminal operator 

13 governing the use and placement of screening devices on 

14 the marine terminal. At a minimum— 

15 (1) each such agreement shall— 

16 (A) cover the terms and conditions for use 

17 of the screening devices, including operations 

18 and safety procedures (as established by the 

19 Occupational Health and Safety Administra20 tion); and 

21 (B) include an indemnification and hold22 harmless clause to protect the marine terminal 

23 operator from liability for injuries or damage to 

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1 ment of Homeland Security or its officers, 

2 agents, or equipment; but 

3 (2) no such agreement may— 

4 (A) except as provided in paragraph (2), 

5 provide for compensation from the Department 

6 of Homeland Security for the use and place7 ment of the devices; or 

8 (B) require terminal employees to be in a 

9 motor vehicle while screening of the vehicle, or 

10 the screening device, is active. 

11 (b) RULE OF CONSTRUCTION.—Nothing in this sec12 tion, or in an agreement executed under subsection (a), 

13 shall be construed to enlarge or diminish any right that 

14 the Department of Homeland Security or its officers or 

15 agents may have to enter a marine terminal. 

16 SEC. 314. PORT SECURITY TRAINING AND CERTIFICATION. 

17 (a) PORT SECURITY TRAINING PROGRAM.—Sub18 chapter I of chapter 701 of title 46, United States Code, 

19 is amended by inserting after section 70122 the following: 

20 ‘‘§ 70123. Port security training for facility security 

21 officers 

22 ‘‘(a) FACILITY SECURITY OFFICERS.—The Secretary 

23 of the department in which the Coast Guard is operating 

24 shall establish comprehensive facility security officer train25 ing requirements designed to provide full security training 


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1 that would lead to certification of such officers. In estab2 lishing the requirements, the Secretary shall— 

3 ‘‘(1) work with affected industry stakeholders; 

4 and 

5 ‘‘(2) evaluate— 

6 ‘‘(A) the requirements of subsection (b); 

7 ‘‘(B) existing security training programs 

8 employed at marine terminal facilities; and 

9 ‘‘(C) existing port security training pro10 grams developed by the Federal Government. 

11 ‘‘(b) REQUIREMENTS.—The training program shall 

12 provide validated training that— 

13 ‘‘(1) provides training at the awareness, per14 formance, management, and planning levels; 

15 ‘‘(2) utilizes multiple training mediums and 

16 methods; 

17 ‘‘(3) establishes a validated provisional on-line 

18 certification methodology; 

19 ‘‘(4) addresses port security topics, including— 

20 ‘‘(A) facility security plans and procedures, 

21 including how to develop security plans and se22 curity procedure requirements when threat lev23 els are elevated; 

24 ‘‘(B) facility security force operations and 

25 management; 


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1 ‘‘(C) physical security and access control 

2 at facilities; 

3 ‘‘(D) methods of security for preventing 

4 and countering cargo theft; 

5 ‘‘(E) container security; 

6 ‘‘(F) recognition and detection of weapons, 

7 dangerous substances, and devices; 

8 ‘‘(G) operation and maintenance of secu9 rity equipment and systems; 

10 ‘‘(H) security threats and patterns; 

11 ‘‘(I) security incident procedures, including 

12 procedures for communicating with govern13 mental and nongovernmental emergency re14 sponse providers; and 

15 ‘‘(J) evacuation procedures; 

16 ‘‘(5) is consistent with, and supports implemen17 tation of, the National Incident Management Sys18 tem, the National Response Plan, the National In19 frastructure Protection Plan, the National Prepared20 ness Guidance, the National Preparedness Goal, the 

21 National Maritime Transportation Security Plan, 

22 and other such national initiatives; 

23 ‘‘(6) is evaluated against clear and consistent 

24 performance measures; and 


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1 ‘‘(7) addresses security requirements under fa2 cility security plans. 

3 ‘‘(c) CONTINUING SECURITY TRAINING.—The Sec4 retary of Transportation, in conjunction with the Sec5 retary of the department in which the Coast Guard is op6 erating, shall work with State and local law enforcement 

7 agencies and industry stakeholders to develop and certify 

8 the following additional security training requirements for 

9 Federal, State, and local officials with security responsibil10 ities at United States seaports: 

11 ‘‘(1) A program to familiarize them with port 

12 and shipping operations, requirements of the Mari13 time Transportation Security Act, and other port 

14 and cargo security programs that educates and 

15 trains them with respect to their roles and respon16 sibilities. 

17 ‘‘(2) A program to familiarize them with dan18 gers and potential issues with respect to shipments 

19 of hazardous and especially hazardous cargoes. 

20 ‘‘(3) A program of continuing education as 

21 deemed necessary by the Secretary. 

22 ‘‘(d) TRAINING PARTNERS.—In developing and deliv23 ering training under the training program and continuing 

24 security training, the Secretary, in coordination with the 

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1 tation, and consistent with section 109 of the Maritime 

2 Transportation Security Act of 2002 (46 U.S.C. 70101 

3 note), shall— 

4 ‘‘(1) work with government training facilities, 

5 academic institutions, private organizations, em6 ployee organizations, and other entities that provide 

7 specialized, state-of-the-art training for govern8 mental and non-governmental emergency responder 

9 providers or commercial seaport personnel and man10 agement; and 

11 ‘‘(2) utilize, as appropriate, government train12 ing facilities, courses provided by community col13 leges, public safety academies, State and private uni14 versities, and other facilities. 

15 ‘‘(e) CONSULTATION.—In carrying out this section, 

16 the Secretary of Transportation shall ensure that activities 

17 surrounding the development of curriculum and the provi18 sion of training are eligible to receive grant funds. 

19 ‘‘(f) GRANT PROGRAM.—The Secretary of Transpor20 tation shall establish a grant program to provide funds 

21 to industry stakeholders to help underwrite their assist22 ance in the development of curriculum and training under 

23 this section. 

24 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Secretary of 


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1 Transportation $3,000,000 for each of fiscal years 2011 

2 and 2012 to carry out this section.’’. 

3 (b) TABLE OF CONTENTS AMENDMENT.—The table 

4 of contents for chapter 701 of title 46, United States 

5 Code, is amended by inserting after section 70122 the fol6 lowing: 

‘‘70123. Port security training for facility security officers’’. 

7 SEC. 315. MARITIME SECURITY ADVISORY COMMITTEE EX8 TENSION. 

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

10 amended— 

11 (1) by striking subsection (b)(5) and inserting 

12 the following: 

13 ‘‘(5)(A) The National Maritime Security Advi14 sory 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) The Area Maritime Security Advisory 

11 Committee shall be composed of individuals who rep12 resent the interests of the port industry, terminal 

13 operators, port labor organizations, and other users 

14 of the port areas.’’; and 

15 (2) in subsection (g)— 

16 (A) in paragraph (1)(A), by striking ‘‘Sep17 tember 30, 2008;’’ and inserting ‘‘September 

18 30, 2020;’’; and 

19 (B) in paragraph (2), by striking ‘‘Sep20 tember 30, 2006,’’ and inserting ‘‘September 

21 30, 2018,’’. 

22 SEC. 316. VESSEL SECURITY PLANS FOR SUPPLY AND SIMI23 LAR VESSELS. 

24 (a) IN GENERAL.—Section 70103(c)(2)(A) of title 

25 46, United States Code, is amended by striking ‘‘inciVerDate Mar 15 2010 00:12 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3639.IS S3639

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1 dent;’’ and inserting ‘‘incident (including supply vessels, 

2 bunker and fuel deliver and launch vessels conducting ac3 tivities or providing services to other vessels at anchor4 age;’’. 

5 (b) TWICS REQUIRED FOR CREW.—Section 

6 70105(b)(2)(F) of title 46, United States Code, is amend7 ed by inserting ‘‘personnel working on board vessels de8 scribed in section 70103(c)(2)(A) of this title and’’ after 

9 ‘‘(F)’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect 1 year after the date of enact12 ment of this Act. 

13 SEC. 317. PROTECTION AND FAIR TREATMENT OF SEA14 FARERS. 

15 (a) IN GENERAL.—Chapter 111 of title 46, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 11113. Protection and fair treatment of seafarers 

19 ‘‘(a) PURPOSE.—The purpose of this section is to en20 sure the protection and fair treatment of seafarers. 

21 ‘‘(b) FUND.— 

22 ‘‘(1) ESTABLISHMENT.—There is established in 

23 the Treasury a special fund known as the ‘Support 

24 of Seafarers Fund’. 


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1 ‘‘(2) USE OF AMOUNTS IN FUND.—The 

2 amounts covered into the Fund shall be available to 

3 the Secretary, without further appropriation and 

4 without fiscal year limitation, to— 

5 ‘‘(A) pay necessary support, pursuant to 

6 subsection (c)(1)(A) of this section; and 

7 ‘‘(B) reimburse a shipowner for necessary 

8 support, pursuant to subsection (c)(1)(B) of 

9 this section. 

10 ‘‘(3) AMOUNTS CREDITED TO FUND.—Notwith11 standing any other provision of law, the Fund may 

12 receive— 

13 ‘‘(A) any moneys ordered to be paid to the 

14 Fund in the form of community service pursu15 ant to section 3563(b) of title 18; 

16 ‘‘(B) amounts reimbursed or recovered 

17 pursuant to subsection (d) of this section; 

18 ‘‘(C) amounts appropriated to the Fund 

19 pursuant to subsection (g) of this section; and 

20 ‘‘(D) appropriations available to the Sec21 retary for transfer. 

22 ‘‘(4) PREREQUISITE FOR COMMUNITY SERVICE

23 CREDITS.—The Fund may receive credits pursuant 

24 to paragraph (3)(A) of this subsection only when the 


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1 unobligated balance of the Fund is less than 

2 $5,000,000. 

3 ‘‘(5) REPORT REQUIRED.— 

4 ‘‘(A) Except as provided in subparagraph 

5 (B) of this paragraph, the Secretary shall not 

6 obligate any amount in the Fund in a given fis7 cal year unless the Secretary has submitted to 

8 Congress, concurrent with the President’s budg9 et submission for that fiscal year, a report that 

10 describes— 

11 ‘‘(i) the amounts credited to the 

12 Fund, pursuant to paragraph (3) of this 

13 subsection, for the preceding fiscal year; 

14 ‘‘(ii) a detailed description of the ac15 tivities for which amounts were charged; 

16 and 

17 ‘‘(iii) the projected level of expendi18 tures from the Fund for the coming fiscal 

19 year, based on— 

20 ‘‘(I) on-going activities; and 

21 ‘‘(II) new cases, derived from his22 toric data. 

23 ‘‘(B) The limitation in subparagraph (A) 

24 of this paragraph shall not apply to obligations 


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1 during the first fiscal year during which 

2 amounts are credited to the Fund. 

3 ‘‘(6) FUND MANAGER.—The Secretary shall 

4 designate a Fund manager, who shall— 

5 ‘‘(A) ensure the visibility and account6 ability of transactions utilizing the Fund; 

7 ‘‘(B) prepare the report required by para8 graph (5); and 

9 ‘‘(C) monitor the unobligated balance of 

10 the Fund and provide notice to the Secretary 

11 and the Attorney General whenever the unobli12 gated balance of the Fund is less than 

13 $5,000,000. 

14 ‘‘(c) IN GENERAL.— 

15 ‘‘(1) AUTHORITY.—The Secretary is author16 ized— 

17 ‘‘(A) to pay, in whole or in part, without 

18 further appropriation and without fiscal year 

19 limitation, from amounts in the Fund, nec20 essary support of— 

21 ‘‘(i) any seafarer who enters, remains, 

22 or has been paroled into the United States 

23 and is involved in an investigation, report24 ing, documentation, or adjudication of any 

25 matter that is related to the administration 


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1 or enforcement of any treaty, law, or regu2 lation by the Coast Guard; and 

3 ‘‘(ii) any seafarer whom the Secretary 

4 finds to have been abandoned in the 

5 United States; and 

6 ‘‘(B) to reimburse, in whole or in part, 

7 without further appropriation and without fiscal 

8 year limitation, from amounts in the Fund, a 

9 shipowner, who has filed a bond or surety satis10 factory pursuant to subparagraph (A) and pro11 vide necessary support of a seafarer who has 

12 been paroled into the United States to facilitate 

13 an investigation, reporting, documentation, or 

14 adjudication of any matter that is related to the 

15 administration or enforcement of any treaty, 

16 law, or regulation by the Coast Guard, for costs 

17 of necessary support, when the Secretary deems 

18 reimbursement necessary to avoid serious injus19 tice. 

20 ‘‘(2) LIMITATION.—Nothing in this section 

21 shall be construed— 

22 ‘‘(A) to create a right, benefit, or entitle23 ment to necessary support; or 

24 ‘‘(B) to compel the Secretary to pay, or re25 imburse the cost of, necessary support. 


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1 ‘‘(d) REIMBURSEMENTS; RECOVERY.— 

2 ‘‘(1) IN GENERAL.—Any shipowner shall reim3 burse the Fund an amount equal to the total 

4 amount paid from the Fund for necessary support of 

5 the seafarer, plus a surcharge of 25 percent of such 

6 total amount if— 

7 ‘‘(A)(i) the shipowner, during the course of 

8 an investigation, reporting, documentation, or 

9 adjudication of any matter that the Coast 

10 Guard referred to a United States Attorney or 

11 the Attorney General, fails to provide necessary 

12 support of a seafarer who has been paroled into 

13 the United States to facilitate the investigation, 

14 reporting, documentation, or adjudication; and 

15 ‘‘(ii) a criminal penalty is subsequently im16 posed against the shipowner; or 

17 ‘‘(B) the shipowner, under any cir18 cumstance, abandons a seafarer in the United 

19 States, as decided by the Secretary. 

20 ‘‘(2) ENFORCEMENT.—If a shipowner fails to 

21 reimburse the Fund as required under paragraph 

22 (1) of this subsection, the Secretary may— 

23 ‘‘(A) proceed in rem against any vessel of 

24 the shipowner in the Federal district court for 

25 the district in which such vessel is found; and 


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1 ‘‘(B) withhold or revoke the clearance, re2 quired by section 60105 of this title, of any ves3 sel of the shipowner wherever such vessel is 

4 found. 

5 ‘‘(3) Whenever clearance is withheld or revoked 

6 pursuant to paragraph (2)(B) of this subsection, 

7 clearance may be granted if the shipowner reim8 burses the Fund the amount required under para9 graph (1) of this subsection. 

10 ‘‘(e) SURETY; ENFORCEMENT OF TREATIES, LAWS, 

11 AND REGULATIONS.— 

12 ‘‘(1) BOND AND SURETY AUTHORITY.—The 

13 Secretary is authorized to require a bond or surety 

14 satisfactory as an alternative to withholding or re15 voking clearance required under section 60105 of 

16 this title if, in the opinion of the Secretary, such 

17 bond or surety satisfactory is necessary to facilitate 

18 an investigation, reporting, documentation, or adju19 dication of any matter that is related to the adminis20 tration or enforcement of any treaty, law, or regula21 tion by the Coast Guard if the surety corporation 

22 providing the bond is authorized by the Secretary of 

23 the Treasury under section 9305 of title 31 to pro24 vide surety bonds under section 9304 of that title. 


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1 ‘‘(2) APPLICATION.—The authority to require a 

2 bond or a surety satisfactory or to request the with3 holding or revocation of the clearance required under 

4 section 60105 of this title applies to any investiga5 tion, reporting, documentation, or adjudication of 

6 any matter that is related to the administration or 

7 enforcement of any treaty, law, or regulation by the 

8 Coast Guard. 

9 ‘‘(f) DEFINITIONS.—In this section: 

10 ‘‘(1) ABANDONS; ABANDONED.—The term 

11 ‘abandons’ or ‘abandoned’ means a shipowner’s uni12 lateral severance of ties with a seafarer or the ship13 owner’s failure to provide necessary support of a 

14 seafarer. 

15 ‘‘(2) BOND OR SURETY SATISFACTORY.—The 

16 term ‘bond or surety satisfactory’ means a nego17 tiated instrument, the terms of which may, at the 

18 discretion of the Secretary, include provisions that 

19 require the shipowner to— 

20 ‘‘(A) provide necessary support of a sea21 farer who has or may have information perti22 nent to an investigation, reporting, documenta23 tion, or adjudication of any matter that is re24 lated to the administration or enforcement of 

25 any treaty, law, or regulation by the Secretary; 


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1 ‘‘(B) facilitate an investigation, reporting, 

2 documentation, or adjudication of any matter 

3 that is related to the administration or enforce4 ment of any treaty, law, or regulation by the 

5 Secretary; 

6 ‘‘(C) stipulate to certain incontrovertible 

7 facts, including, but not limited to, the owner8 ship or operation of the vessel, or the authen9 ticity of documents and things from the vessel; 

10 ‘‘(D) facilitate service of correspondence 

11 and legal papers; 

12 ‘‘(E) enter an appearance in United States 

13 district court; 

14 ‘‘(F) comply with directions regarding pay15 ment of funds; 

16 ‘‘(G) name an agent in the United States 

17 for service of process; 

18 ‘‘(H) make stipulations as to the authen19 ticity of certain documents in United States dis20 trict court; 

21 ‘‘(I) provide assurances that no discrimina22 tory or retaliatory measures will be taken 

23 against a seafarer involved in an investigation, 

24 reporting, documentation, or adjudication of 

25 any matter that is related to the administration 


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1 or enforcement of any treaty, law, or regulation 

2 by the Secretary; 

3 ‘‘(J) provide financial security in the form 

4 of cash, bond, or other means acceptable to the 

5 Secretary; and 

6 ‘‘(K) provide for any other appropriate 

7 measures as the Secretary considers necessary 

8 to ensure the Government is not prejudiced by 

9 granting the clearance required by section 

10 60105 of this title. 

11 ‘‘(3) FUND.—The term ‘Fund’ means the Sup12 port of Seafarers Fund, established pursuant to this 

13 section. 

14 ‘‘(4) NECESSARY SUPPORT.—The term ‘nec15 essary support’ means normal wages, lodging, sub16 sistence, clothing, medical care (including hos17 pitalization), repatriation, and any other expense the 

18 Secretary deems appropriate. 

19 ‘‘(5) SEAFARER.—The term ‘seafarer’ means an 

20 alien crewman who is employed or engaged in any 

21 capacity on board a vessel subject to the jurisdiction 

22 of the United States. 

23 ‘‘(6) SHIPOWNER.—The term ‘shipowner’ 

24 means the individual or entity that owns, has an 


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1 ownership interest in, or operates a vessel subject to 

2 the jurisdiction of the United States. 

3 ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION

4 OF THE UNITED STATES.—The term ‘vessel subject 

5 to the jurisdiction of the United States’ has the 

6 same meaning it has in section 70502(c) of this 

7 title, except that it excludes a vessel owned or 

8 bareboat chartered and operated by the United 

9 States, by a State or political subdivision thereof, or 

10 by a foreign nation, except when that vessel is en11 gaged in commerce. 

12 ‘‘(g) REGULATIONS.—The Secretary may prescribe 

13 regulations to implement this section. 

14 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Fund $1,500,000 

16 for each of fiscal years 2011, 2012, and 2013.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 for chapter 111 of title 46, United States Code, is amend19 ed by adding at the end the following new item: 

‘‘11113. Protection and fair treatment of seafarers.’’. 


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1 TITLE IV—INTERNATIONAL 

2 INTERMODAL SUPPLY CHAIN 

3 SECURITY 

4 SEC. 401. SINGLE ELECTRONIC WINDOW FOR FILING VES5 SEL, CREW, AND PASSENGER INFORMATION. 

6 Within one year after the date of enactment of this 

7 Act, the Secretary of the department in which the Coast 

8 Guard is operating shall— 

9 (1) develop a strategic plan to prevent the un10 authorized importation of radioactive, chemical, bio11 logical, or nuclear agents for all modal pathways 

12 coming into the country and to identify and har13 monize the entry document filing and entry require14 ments where appropriate; 

15 (2) undertake the necessary programming 

16 changes to the electronic Notice of Arrival and De17 parture system under subpart C of part 160 of title 

18 33, Code of Federal Regulations, so that the system 

19 electronically captures all the data elements collected 

20 on Form I–418 (Passenger List—Crew List) under 

21 part 251 of title 8, Code of Federal Regulations; and 

22 (3) phase-out entirely the collection of the 

23 paper Form I–418 from the master or agent of 

24 every vessel arriving in the United States from or 


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1 departing to a foreign place or an outlying posses2 sion of the United States. 

3 SEC. 402. MARITIME AND CARGO SECURITY INTEGRATED 

4 PROJECT TEAMS. 

5 The Secretary of Homeland Security shall— 

6 (1) establish integrated project teams within 

7 the science and technology directorate to assist the 

8 Department of Homeland Security in product re9 search, development, transition, and acquisition ac10 tivities for cargo security; and 

11 (2) provide for participation by port authorities 

12 or the appropriate State agency responsible for over13 sight of port areas in such activities. 

14 SEC. 403. RISK BASED ALIGNMENT OF MARITIME SECURITY 

15 SCANNING REQUIREMENTS. 

16 Section 232 of the SAFE Port Act (6 U.S.C. 982) 

17 is amended— 

18 (1) by striking ‘‘and’’ in subsection (b)(1) and 

19 inserting ‘‘or’’; 

20 (2) by striking ‘‘2012’’ in subsection (b)(2)(A) 

21 and inserting ‘‘2015’’; 

22 (3) by inserting ‘‘MILITARY’’ in the heading for 

23 subsection (b)(5) and inserting ‘‘CERTAIN’’; 

24 (4) by inserting ‘‘cargo shipped by the Sec25 retary of State and transported in accordance with 


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1 applicable law,’’ in subsection (b)(5) after ‘‘Code,’’; 

2 and 

3 (5) by striking ‘‘6 months’’ in subsection (c) 

4 and inserting ‘‘year’’. 

5 TITLE V—U.S. MARINER 

6 PROTECTION 

7 SEC. 501. USE OF FORCE AGAINST PIRACY. 

8 (a) IN GENERAL.—Chapter 81 of title 46, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 8107. Use of force against piracy 

12 ‘‘A person who uses force at sea to defend a vessel 

13 against an act of piracy shall not be liable for monetary 

14 damages in any action brought with respect to harm 

15 caused by such use of force to anyone engaging in such 

16 act of piracy, unless the person using such force knew at 

17 the time that it was substantially in excess of what was 

18 reasonable in defending the vessel against such act of pi19 racy.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 for such chapter is amended by adding at the end the fol22 lowing: 

‘‘8107. Use of force against piracy’’. 

23 SEC. 502. AGREEMENTS. 

24 The Secretary of the department in which the Coast 

25 Guard is operating shall work through the International 


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1 Maritime Organization to establish agreements to promote 

2 coordinated action among flag- and port-states to deter, 

3 protect against, and rapidly respond to acts of piracy 

4 against the vessels of, and in the waters under the juris5 diction of, those Nations, and to ensure limitations on li6 ability similar to those established by section 8107 of title 

7 46, United States Code. 

8 TITLE VI. CREDENTIALING 

9 SEC. 601. AUTHORIZATION TO EXTEND THE DURATION OF 

10 LICENSES, CERTIFICATES OF REGISTRY, AND 

11 MERCHANT MARINERS’ DOCUMENTS. 

12 (a) MERCHANT MARINER LICENSES AND DOCU13 MENTS.—Chapter 75 of title 46, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘§ 7507. Authority to extend the duration of licenses, 

16 certificates of registry, and merchant 

17 mariner documents 

18 ‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.— 

19 Notwithstanding sections 7106 and 7107, the Secretary 

20 of the department in which the Coast Guard is operating 

21 may extend for up to one year an expiring license or cer22 tificate of registry issued for an individual under chapter 

23 71 if the Secretary determines that extension is re24 quired— 


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1 ‘‘(1) to enable the Coast Guard to eliminate a 

2 backlog in processing applications for those licenses 

3 or certificates of registry; 

4 ‘‘(2) because necessary records have been de5 stroyed or are unavailable due to a natural disaster; 

6 or 

7 ‘‘(3) to align the expiration date of a license or 

8 certificate of registry with the expiration date of a 

9 transportation worker identification credential under 

10 section 70501. 

11 ‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwith12 standing section 7302(g), the Secretary may extend for 

13 one year an expiring merchant mariner’s document issued 

14 for an individual under chapter 71 if the Secretary deter15 mines that extension is required— 

16 ‘‘(1) to enable the Coast Guard to eliminate a 

17 backlog in processing applications for those licenses 

18 or certificates of registry; 

19 ‘‘(2) because necessary records have been de20 stroyed or are unavailable due to a natural disaster; 

21 or 

22 ‘‘(3) to align the expiration date of a license or 

23 certificate of registry with the expiration date of a 

24 transportation worker identification credential under 

25 section 70501. 


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1 ‘‘(c) MANNER OF EXTENSION.—Any extensions 

2 granted under this section may be granted to individual 

3 seamen or a specifically identified group of seamen. 

4 ‘‘(d) EXPIRATION OF AUTHORITY.—The authority 

5 for providing an extension under this section shall expire 

6 on December 31, 2011.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for such chapter is amended by adding at the end the fol9 lowing: 

‘‘7507. Authority to extend the duration of licenses, certificates of registry, and 

merchant mariner documents’’. 

10 SEC. 602. ANIMAL-PROPELLED VESSELS. 

11 Notwithstanding section 70105 of title 46, United 

12 States Code, the Secretary of Homeland Security may not 

13 require an individual to hold a transportation security 

14 card, or be accompanied by another individual who holds 

15 such a card if— 

16 (1) the individual has been issued a license, cer17 tificate of registry, or merchant mariner’s document 

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

19 Code; 

20 (2) the individual is not allowed unescorted ac21 cess to a secure area designated in a vessel or facil22 ity security plan approved by the Secretary; and 

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

24 a live animal-propelled vessel. 


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1 TITLE VII—PORT SECURITY 

2 GRANTS 

3 SEC. 701. CONTINUATION OF PILOT PROGRAM AUTHORITY. 

4 Section 70107(m)(2)(B) of title 46, United States 

5 Code, is amended by striking ‘‘2005 through 2009’’ and 

6 inserting ‘‘2011 through 2014’’. 

7 SEC. 702. GRANTS TO TIER 1 AND TIER 2 PORTS REQUIRE 

8 REGIONAL STRATEGIC RISK MANAGEMENT 

9 ASSESSMENT. 

10 Section 70107(a) of title 46, United States Code, is 

11 amended by adding at the end ‘‘The Secretary shall estab12 lish regional strategic risk management priorities for tier 

13 1 and tier 2 ports and take such priorities into account 

14 in awarding grants under this section.’’. 

Æ 


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