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(4) arrangements for the Coast Guard to provide 
training of tribal incident commanders and spill respond-
ers for oil spill preparedness and response; 
(5) demonstration projects to assist tribal govern-
ments in building the capacity to protect tribal treaty 
rights and trust assets from oil spills; and 
(6) such additional measures the Coast Guard de-
termines to be necessary for oil pollution prevention, pre-
paredness, and response. 
(d) FUNDING FOR TRIBAL PARTICIPATION.—Subject to 
the availability of appropriations, the Commandant of the 
Coast Guard shall provide assistance to participating tribal 
governments in order to facilitate the implementation of coop-
erative arrangements under subsection (c) and ensure the 
participation of tribal governments in such arrangements. 
There are authorized to be appropriated to the Commandant 
$500,000 for each of fiscal years 2010 through 2014 to be 
used to carry out this section. 
SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DE-
TECT THE LOSS OF OIL. 
Within 1 year after the date of enactment of this Act, 
the Secretary of the Department in which the Coast Guard 
is operating shall submit a report to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infra-
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structure on the availability, feasibility, and potential cost of 
technology to detect the loss of oil carried as cargo or as fuel 
on tank and non-tank vessels greater than 400 gross tons. 
SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND. 
(a) IN GENERAL.—Section 1012(a)(5) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(5)) is amended— 
(1) by redesignating subparagraphs (B) and (C) as 
subparagraphs (C) and (D), respectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) not more than $15,000,000 in each fiscal 
year shall be available to the Under Secretary of 
Commerce for Oceans and Atmosphere for expenses 
incurred by, and activities related to, response and 
damage assessment capabilities of the National Oce-
anic and Atmospheric Administration;’’. 
(b) AUDITS; ANNUAL REPORTS.—Section 1012 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended— 
(1) by striking subsection (g) and inserting the fol-
lowing: 
‘‘(g) AUDITS.— 
‘‘(1) IN GENERAL.—The Comptroller General of the 
United States shall conduct an audit, including a de-
tailed accounting of each disbursement from the Fund in 
excess of $500,000 that is—
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‘‘(A) disbursed by the National Pollution Fund 
Center and not reimbursed by the responsible party; 
and 
‘‘(B) administered and managed by the receiv-
ing Federal agencies, including final payments 
made to agencies and contractors and, to the extent 
possible, subcontractors. 
‘‘(2) FREQUENCY.—The audits shall be con-
ducted— 
‘‘(A) at least once every 3 years after the date 
of enactment of the Coast Guard Authorization Act 
of 2010 until 2016; and 
‘‘(B) at least once every 5 years after the last 
audit conducted under subparagraph (A). 
‘‘(3) SUBMISSION OF RESULTS.—The Comptroller 
shall submit the results of each audit conducted under 
paragraph (1) to— 
‘‘(A) the Senate Committee on Commerce, 
Science, and Transportation; 
‘‘(B) the House of Representatives Committee 
on Transportation and Infrastructure; and 
‘‘(C) the Secretary or Administrator of each 
agency referred to in paragraph (1)(B).’’; and 
(2) by adding at the end thereof the following: 
‘‘(l) REPORTS.—
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•HRES 1665 EH 
‘‘(1) IN GENERAL.—Within one year after the date 
of enactment of the Coast Guard Authorization Act of 
2010, and annually thereafter, the President, through 
the Secretary of the Department in which the Coast 
Guard is operating, shall— 
‘‘(A) provide a report on disbursements for the 
preceding fiscal year from the Fund, regardless of 
whether those disbursements were subject to annual 
appropriations, to— 
‘‘(i) the Senate Committee on Commerce, 
Science, and Transportation; and 
‘‘(ii) the House of Representatives Com-
mittee on Transportation and Infrastructure; 
and 
‘‘(B) make the report available to the public on 
the National Pollution Funds Center Internet 
website. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a list of each disbursement of $250,000 
or more from the Fund during the preceding fiscal 
year; and 
‘‘(B) a description of how each such use of the 
Fund meets the requirements of subsection (a). 
‘‘(3) AGENCY
RECORDKEEPING.—Each Federal 
agency that receives amounts from the Fund shall main-
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tain records describing the purposes for which such 
funds were obligated or expended in such detail as the 
Secretary may require for purposes of the report re-
quired under paragraph (1).’’. 
SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT. 
The Secretary of the department in which the Coast 
Guard is operating, in consultation with the heads of other 
appropriate Federal agencies, shall ensure that the Coast 
Guard pursues stronger enforcement in the International 
Maritime Organization of agreements related to oil dis-
charges, including joint enforcement operations, training, and 
stronger compliance mechanisms. 
SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINI-
TION CHANGE. 
(a) IN GENERAL.—Within 1 year after the date of en-
actment of this Act, the Commandant shall initiate a rule-
making proceeding to modify the definition of the term 
‘‘higher volume port area’’ in section 155.1020 of the Coast 
Guard regulations (33 C.F.R. 155.1020) by striking ‘‘Port 
Angeles, WA’’ in paragraph (13) of that section and inserting 
‘‘Cape Flattery, WA’’. 
(b) VESSEL RESPONSE PLAN REVIEWS.—Within 5 years 
after the date of enactment of this Act, the Coast Guard shall 
complete its review of any changes to vessel response plans 
under the Federal Water Pollution Control Act (33 U.S.C.
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1251 et seq.) resulting from the modification of the higher 
volume port area definition required by subsection (a). 
SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS. 
(a) COMPARABILITY ANALYSIS.— 
(1) IN GENERAL.—Within 1 year after the date of 
enactment of this Act, the Commandant, in consultation 
with the Secretary of State, is strongly encouraged to 
enter into negotiations with the Government of Canada 
to update the comparability analysis which serves as the 
basis for the Cooperative Vessel Traffic Service agree-
ment between the United States and Canada for the 
management of maritime traffic in Puget Sound, the 
Strait of Georgia, Haro Strait, Rosario Strait, and the 
Strait of Juan de Fuca. The updated analysis shall, at 
a minimum, consider— 
(A) requirements for laden tank vessels to be 
escorted by tug boats; 
(B) vessel emergency response towing capa-
bility at the entrance to the Strait of Juan de Fuca; 
and 
(C) spill response capability throughout the 
shared water, including oil spill response planning 
requirements for vessels bound for one nation 
transiting through the waters of the other nation.
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(2) CONSULTATION REQUIREMENT.—In conducting 
the analysis required under this subsection, the Com-
mandant shall consult with the State of Washington and 
affected tribal governments. 
(3) RECOMMENDATIONS.—Within 18 months after 
the date of enactment of this Act, the Commandant shall 
submit recommendations based on the analysis required 
under this subsection to the Senate Committee on Com-
merce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infra-
structure. The recommendations shall consider a full 
range of options for the management of maritime traffic, 
including Federal legislation, promulgation of Federal 
rules, and the establishment of cooperative agreements 
for shared funding of spill prevention and response sys-
tems. 
(b) DUAL ESCORT VESSELS
FOR DOUBLE HULLED 
TANKERS IN PRINCE WILLIAM SOUND, ALASKA.— 
(1) IN GENERAL.—Section 4116(c) of the Oil Pollu-
tion Act of 1990 (46 U.S.C. 3703 note) is amended— 
(A) by striking ‘‘Not later than 6 months after 
the date of the enactment of this Act, the’’ and in-
serting ‘‘(1) IN GENERAL.—The’’; and 
(B) by adding at the end the following: 
‘‘(2) PRINCE WILLIAM SOUND, ALASKA.—
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‘‘(A) IN GENERAL.—The requirement in para-
graph (1) relating to single hulled tankers in Prince 
William Sound, Alaska, described in that paragraph 
being escorted by at least 2 towing vessels or other 
vessels considered to be appropriate by the Sec-
retary (including regulations promulgated in accord-
ance with section 3703(a)(3) of title 46, United 
States Code, as set forth in part 168 of title 33, 
Code of Federal Regulations (as in effect on March 
1, 2009) implementing this subsection with respect 
to those tankers) shall apply to double hulled tank-
ers over 5,000 gross tons transporting oil in bulk in 
Prince William Sound, Alaska. 
‘‘(B) IMPLEMENTATION OF REQUIREMENTS.— 
The Secretary of the department in which the Coast 
Guard is operating shall prescribe interim final reg-
ulations to carry out subparagraph (A) as soon as 
practicable without notice and hearing pursuant to 
section 553 of title 5 of the United States Code.’’. 
(2) EFFECTIVE DATE.—The amendments made by 
subsection (b) take effect on the date that is 90 days 
after the date of enactment of this Act. 
(c) PRESERVATION OF STATE AUTHORITY.—Nothing in 
this Act or in any other provision of Federal law related to 
the regulation of maritime transportation of oil shall affect,
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•HRES 1665 EH 
or be construed or interpreted as preempting, the authority 
of any State or political subdivision thereof which require the 
escort by one or more tugs of laden oil tankers in the areas 
which are specified in section 4116(c) of the Oil Pollution Act 
of 1990 (46 U.S.C. 3703 note). 
(d) VESSEL TRAFFIC RISK ASSESSMENT.— 
(1) REQUIREMENT.—The Commandant of the 
Coast Guard, acting through the appropriate Area Com-
mittee established under section 311(j)(4) of the Federal 
Water Pollution Control Act, shall prepare a vessel traf-
fic risk assessment for Cook Inlet, Alaska, within 1 year 
after the date of enactment of this Act. 
(2) CONTENTS.—The assessment shall describe, for 
the region covered by the assessment— 
(A) the amount and character of present and 
estimated future shipping traffic in the region; and 
(B) the current and projected use and effec-
tiveness in reducing risk, of— 
(i) traffic separation schemes and routing 
measures; 
(ii) long-range vessel tracking systems de-
veloped under section 70115 of title 46, United 
States Code; 
(iii) towing, response, or escort tugs; 
(iv) vessel traffic services;
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(v) emergency towing packages on vessels; 
(vi) increased spill response equipment in-
cluding equipment appropriate for severe 
weather and sea conditions; 
(vii) the Automatic Identification System 
developed under section 70114 of title 46, 
United States Code; 
(viii) particularly sensitive sea areas, areas 
to be avoided, and other traffic exclusion zones; 
(ix) aids to navigation; and 
(x) vessel response plans. 
(3) RECOMMENDATIONS.— 
(A) IN GENERAL.—The assessment shall in-
clude any appropriate recommendations to enhance 
the safety, or lessen potential adverse environmental 
impacts, of marine shipping. 
(B) CONSULTATION.—Before making any rec-
ommendations under paragraph (1) for a region, 
the Area Committee shall consult with affected 
local, State, and Federal government agencies, rep-
resentatives of the fishing industry, Alaska Natives 
from the region, the conservation community, and 
the merchant shipping and oil transportation indus-
tries.
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•HRES 1665 EH 
(4) PROVISION TO CONGRESS.—The Commandant 
shall provide a copy of the assessment to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY. 
Section 1016(a) of the Oil Pollution Act of 1990 (33 
U.S.C. 2716(a)) is amended— 
(1) by striking ‘‘or’’ after the semicolon in para-
graph (1); 
(2) by inserting ‘‘or’’ after the semicolon in para-
graph (2); and 
(3) by inserting after paragraph (2) the following: 
‘‘(3) any tank vessel over 100 gross tons using any 
place subject to the jurisdiction of the United States;’’. 
SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS. 
Section 1001(32)(A) of the Oil Pollution Act of 1990 
(33 U.S.C. 2701(32)(A)) is amended by inserting ‘‘In the 
case of a vessel, the term ‘responsible party’ also includes the 
owner of oil being transported in a tank vessel with a single 
hull after December 31, 2010 (other than a vessel described 
in section 3703a(b)(3) of title 46, United States Code).’’ 
after ‘‘vessel.’’.
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TITLE VIII—PORT SECURITY 
SEC. 801. AMERICA’S WATERWAY WATCH PROGRAM. 
(a) IN GENERAL.—Chapter 701 of title 46, United 
States Code, is amended by adding at the end thereof the fol-
lowing: 
‘‘§ 70122. Waterway watch program 
‘‘(a) PROGRAM ESTABLISHED.—There is hereby estab-
lished, within the Coast Guard, the America’s Waterway 
Watch Program. 
‘‘(b) PURPOSE.—The Secretary shall administer the Pro-
gram in a manner that promotes voluntary reporting of ac-
tivities that may indicate that a person or persons may be 
preparing to engage or engaging in a violation of law relating 
to a threat or an act of terrorism (as that term is defined 
in section 3077 of title 18) against a vessel, facility, port, or 
waterway. 
‘‘(c) INFORMATION; TRAINING.— 
‘‘(1) INFORMATION.—The Secretary may establish, 
as an element of the Program, a network of individuals 
and community-based organizations that encourage the 
public and industry to recognize activities referred to in 
subsection (b), promote voluntary reporting of such ac-
tivity, and enhance the situational awareness within the 
Nation’s ports and waterways. Such network shall, to
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•HRES 1665 EH 
the extent practicable, be conducted in cooperation with 
Federal, State, and local law enforcement agencies. 
‘‘(2) TRAINING.—The Secretary may provide train-
ing in— 
‘‘(A) observing and reporting on covered activi-
ties; and 
‘‘(B) sharing such reports and coordinating the 
response by Federal, State, and local law enforce-
ment agencies. 
‘‘(d) VOLUNTARY PARTICIPATION.—Participation in the 
Program— 
‘‘(1) shall be wholly voluntary; 
‘‘(2) shall not be a prerequisite to eligibility for, or 
receipt of, any other service or assistance from, or to 
participation in, any other program of any kind; and 
‘‘(3) shall not require disclosure of information re-
garding the individual reporting covered activities or, for 
proprietary purposes, the location of such individual. 
‘‘(e) COORDINATION.—The Secretary shall coordinate 
the Program with other like watch programs. The Secretary 
shall submit, concurrent with the President’s budget submis-
sion for each fiscal year, a report on coordination of the Pro-
gram and like watch programs within the Department of 
Homeland Security to the Committee on Commerce, Science,
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•HRES 1665 EH 
and Transportation of the Senate and the Committee on 
Homeland Security of the House of Representatives. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for the purposes of this section 
$3,000,000 for each of fiscal years 2011 through 2016. Such 
funds shall remain available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
chapter 701 of title 46, United States Code, is amended by 
inserting after the item relating to section 70121 the fol-
lowing: 
‘‘70122. Waterway watch program.’’. 
SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CRE-
DENTIAL. 
(a) IN GENERAL.—Not later than 120 days after com-
pleting the pilot program under section 70105(k)(1) of title 
46, United States Code, to test TWIC access control tech-
nologies at port facilities and vessels nationwide, the Sec-
retary of Homeland Security shall submit to the Committee 
on Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives, the Com-
mittee on Commerce, Science, and Transportation of the Sen-
ate, and to the Comptroller General a report containing an 
assessment of the results of the pilot. The report shall in-
clude—
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(1) the findings of the pilot program with respect 
to key technical and operational aspects of implementing 
TWIC technologies in the maritime sector; 
(2) a comprehensive listing of the extent to which 
established metrics were achieved during the pilot pro-
gram; and 
(3) an analysis of the viability of those technologies 
for use in the maritime environment, including any chal-
lenges to implementing those technologies and strategies 
for mitigating identified challenges. 
(b) GAO ASSESSMENT.—The Comptroller General shall 
review the report and submit to the Committee on Homeland 
Security and the Committee on Transportation and Infra-
structure of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transportation of the Sen-
ate an assessment of the report’s findings and recommenda-
tions. 
SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SE-
CURITY. 
Section 70107A(b) of title 46, United States Code, is 
amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively;
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(3) by inserting before paragraph (2), as so redesig-
nated, the following: 
‘‘(1)(A) include— 
‘‘(i) information management systems, and 
‘‘(ii) sensor management systems; and 
‘‘(B) where practicable, provide for the physical co- 
location of the Coast Guard and, as the Secretary deter-
mines appropriate, representatives of the United States 
Customs and Border Protection, the United States Im-
migration and Customs Enforcement, the Transpor-
tation Security Administration, the Department of Jus-
tice, the Department of Defense, and other Federal 
agencies, State and local law enforcement or port secu-
rity personnel, members of the Area Maritime Security 
Committee, and other public and private sector stake-
holders adversely affected by a transportation security 
incident or transportation disruption;’’; and 
(4) in paragraph (2), as so redesignated— 
(A) by striking ‘‘existing centers, including—’’ 
and inserting ‘‘existing centers;’’; and 
(B) by striking subparagraph (A) and (B); and 
(5) by adding ‘‘and’’ at the end of paragraph (3), 
as so redesignated.
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SEC. 804. DEPLOYABLE, SPECIALIZED FORCES. 
(a) IN GENERAL.—Section 70106 of title 46, United 
States Code, is amended to read as follows: 
‘‘§ 70106. Deployable, specialized forces 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—To enhance the domestic mari-
time security capability of the United States, the Sec-
retary shall establish deployable specialized forces of 
varying capabilities as are needed to safeguard the pub-
lic and protect vessels, harbors, ports, facilities, and 
cargo in waters subject to the jurisdiction of the United 
States from destruction, loss or injury from crime, or 
sabotage due to terrorist activity, and to respond to such 
activity in accordance with the transportation security 
plans developed under section 70103. 
‘‘(2) ENHANCED TEAMS.—Such specialized forces 
shall include no less than two enhanced teams to serve 
as deployable forces capable of combating terrorism, en-
gaging in interdiction, law enforcement, and advanced 
tactical maritime security operations to address known 
or potentially armed security threats (including non-com-
pliant actors at sea), and participating in homeland se-
curity, homeland defense, and counterterrorism exercises 
in the maritime environment.
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‘‘(b) MISSION.—The combined force of the specialized 
forces established under subsection (a) shall be trained, 
equipped, and capable of being deployed to— 
‘‘(1) deter, protect against, and rapidly respond to 
threats of maritime terrorism; 
‘‘(2) conduct maritime operations to protect against 
and disrupt illegal use, access to, or proliferation of 
weapons of mass destruction; 
‘‘(3) enforce moving or fixed safety or security 
zones established pursuant to law; 
‘‘(4) conduct high speed intercepts; 
‘‘(5) board, search, and seize any article or thing on 
or at, respectively, a vessel or facility found to present 
a risk to the vessel or facility, or to a port; 
‘‘(6) rapidly deploy to supplement United States 
armed forces domestically or overseas; 
‘‘(7) respond to criminal or terrorist acts so as to 
minimize, insofar as possible, the disruption caused by 
such acts; 
‘‘(8) assist with facility vulnerability assessments 
required under this chapter; and 
‘‘(9) carry out any other missions of the Coast 
Guard as are assigned to it by the Secretary. 
‘‘(c) MINIMIZATION
OF RESPONSE TIMES.—The en-
hanced teams established under subsection (a)(2) shall, to the
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extent practicable, be stationed in such a way so as to mini-
mize the response time to maritime terrorist threats and po-
tential or actual transportation security incidents. 
‘‘(d) COORDINATION WITH OTHER AGENCIES.—To the 
maximum extent feasible, the combined force of the special-
ized forces established under subsection (a) shall coordinate 
their activities with other Federal, State, and local law en-
forcement and emergency response agencies.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
chapter 701 of title 46, United States Code, is amended by 
striking the item relating to section 70106 and inserting the 
following: 
‘‘70106. Deployable, specialized forces.’’. 
SEC. 805. COAST GUARD DETECTION CANINE TEAM PROGRAM 
EXPANSION. 
(a) DEFINITIONS.—For purposes of this section: 
(1) CANINE DETECTION TEAM.—The term ‘‘detec-
tion canine team’’ means a canine and a canine handler 
that are trained to detect narcotics or explosives, or 
other threats as defined by the Secretary. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Homeland Security. 
(b) DETECTION CANINE TEAMS.— 
(1) INCREASED CAPACITY.—Not later than 1 year 
after the date of enactment of this Act, and subject to 
the availability of appropriations, the Secretary shall—
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(A) begin to increase the number of detection 
canine teams certified by the Coast Guard for the 
purposes of maritime-related security by no fewer 
than 10 canine teams annually through fiscal year 
2012; and 
(B) encourage owners and operators of port fa-
cilities, passenger cruise liners, oceangoing cargo 
vessels, and other vessels identified by the Secretary 
to strengthen security through the use of highly 
trained detection canine teams. 
(2) CANINE PROCUREMENT.—The Secretary, acting 
through the Commandant of the Coast Guard, shall pro-
cure detection canine teams as efficiently as possible, in-
cluding, to the greatest extent possible, through in-
creased domestic breeding, while meeting the perform-
ance needs and criteria established by the Commandant. 
(c) DEPLOYMENT.—The Secretary shall prioritize de-
ployment of the additional canine teams to ports based on 
risk, consistent with the Security and Accountability For 
Every Port Act of 2006 (Public Law 109–347). 
SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM. 
(a) FOREIGN PORT ASSESSMENT.—Chapter 701 of title 
46, United States Code, is amended— 
(1) by adding at the end of section 70108 the fol-
lowing:
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‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—The 
absence of an inspection of a foreign port shall not bar the 
Secretary from making a finding that a port in a foreign 
country does not maintain effective antiterrorism measures.’’; 
(2) by striking ‘‘If the Secretary, after conducting 
an assessment under section 70108, finds that a port in 
a 
foreign 
country 
does 
not 
maintain 
effective 
antiterrorism measures,’’ in section 70109(a) and insert-
ing ‘‘Unless the Secretary finds that a port in a foreign 
country maintains effective antiterrorism measures,’’; 
and 
(3) by striking ‘‘If the Secretary finds that a for-
eign port does not maintain effective antiterrorism meas-
ures,’’ in section 70110(a) and inserting ‘‘Unless the 
Secretary finds that a foreign port maintains effective 
antiterrorism measures,’’. 
(b) ASSISTANCE PROGRAM.—Section 70110 of title 46, 
United States Code, is amended by adding at the end the fol-
lowing: 
‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may lend, lease, 
donate, or otherwise provide equipment, and provide 
technical training and support, to the owner or operator 
of a foreign port or facility—
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•HRES 1665 EH 
‘‘(A) to assist in bringing the port or facility 
into compliance with applicable International Ship 
and Port Facility Code standards; and 
‘‘(B) to assist the port or facility in correcting 
deficiencies identified in periodic port assessments 
and reassessments required under section 70108 of 
this title. 
‘‘(2) CONDITIONS.—The Secretary— 
‘‘(A) may provide such assistance based upon 
an assessment of the risks to the security of the 
United States and the inability of the owner or op-
erator of the port or facility to bring the port or fa-
cility into compliance with those standards and to 
maintain compliance with, or exceed, such stand-
ards; 
‘‘(B) may not provide such assistance unless 
the port or facility has been subjected to a com-
prehensive port security assessment by the Coast 
Guard; and 
‘‘(C) may only lend, lease, or otherwise provide 
equipment that the Secretary has first determined 
is not required by the Coast Guard for the perform-
ance of its missions.’’. 
(c) SAFETY AND SECURITY ASSISTANCE FOR FOREIGN 
PORTS.—
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(1) IN GENERAL.—Section 70110(e)(1) of title 46, 
United States Code, is amended by striking the second 
sentence and inserting the following: ‘‘The Secretary 
shall establish a strategic plan to utilize those assistance 
programs to assist ports and facilities that are found by 
the Secretary under subsection (a) not to maintain effec-
tive antiterrorism measures in the implementation of 
port security antiterrorism measures.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 70110 of title 46, United States 
Code, is amended— 
(i) by inserting ‘‘OR FACILITIES’’ after 
‘‘PORTS’’ in the section heading; 
(ii) by inserting ‘‘or facility’’ after ‘‘port’’ 
each place it appears; and 
(iii) by striking ‘‘PORTS’’ in the heading 
for subsection (e) and inserting ‘‘PORTS, FA-
CILITIES,’’. 
(B) Section 70108(c) of such title is amend-
ed— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively. 
(C) The table of contents for chapter 701 of 
title 46, United States Code, is amended by striking
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the item relating to section 70110 and inserting the 
following: 
‘‘70110. Actions and assistance for foreign ports or facilities and United States 
territories.’’. 
SEC. 807. MARITIME BIOMETRIC IDENTIFICATION. 
(a) IN GENERAL.—Chapter 701 of title 46, United 
States Code, is further amended by adding at the end the fol-
lowing: 
‘‘§ 70123. Mobile biometric identification 
‘‘(a) IN GENERAL.—Within one year after the date of 
the enactment of the Coast Guard Authorization Act of 2010, 
the Secretary shall conduct, in the maritime environment, a 
program for the mobile biometric identification of suspected 
individuals, including terrorists, to enhance border security 
and for other purposes. 
‘‘(b) REQUIREMENTS.—The Secretary shall ensure the 
program required in this section is coordinated with other bi-
ometric identification programs within the Department of 
Homeland Security. 
‘‘(c) DEFINITION.—For the purposes of this section, the 
term ‘biometric identification’ means use of fingerprint and 
digital photography images and facial and iris scan tech-
nology and any other technology considered applicable by the 
Department of Homeland Security.’’.
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•HRES 1665 EH 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following: 
‘‘70123. Mobile biometric identification.’’. 
(c) COST ANALYSIS.—Within 90 days after the date of 
the enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall submit to the 
Committees on Homeland Security and Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Sen-
ate an analysis of the cost of expanding the Coast Guard’s 
biometric identification capabilities for use by the Coast 
Guard’s Deployable Operations Group, cutters, stations, and 
other deployable maritime teams considered appropriate by 
the Secretary, and any other appropriate Department of 
Homeland Security maritime vessels and units. The analysis 
may include a tiered plan for the deployment of this program 
that gives priority to vessels and units more likely to encoun-
ter individuals suspected of making illegal border crossings 
through the maritime environment. 
(d) STUDY ON EMERGING BIOMETRIC CAPABILITIES.— 
(1) STUDY REQUIRED.—The Secretary of Home-
land Security shall submit to the Committees on Home-
land Security and Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a
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study on the use by the Coast Guard and other depart-
mental entities of the combination of biometric tech-
nologies to rapidly identify individuals for security pur-
poses. Such study shall focus on— 
(A) increased accuracy of facial recognition; 
(B) enhancement of existing iris recognition 
technology; and 
(C) other emerging biometric technologies ca-
pable of assisting in confirming the identification of 
individuals. 
(2) PURPOSE OF STUDY.—The purpose of the study 
required by paragraph (1) is to facilitate the use of a 
combination biometrics, including facial and iris recogni-
tion, to provide a higher probability of success in identi-
fication than a single approach and to achieve trans-
formational advances in the flexibility, authenticity, and 
overall capability of integrated biometric detectors. The 
operational goal of the study should be to provide the ca-
pability to nonintrusively collect biometrics in an accu-
rate and expeditious manner to assist the Coast Guard 
and the Department of Homeland Security in fulfilling 
its mission to protect and support national security.
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SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME 
WORKERS. 
(a) IN GENERAL.—Within 180 days after the date of en-
actment of this Act, the Secretary of Homeland Security shall 
establish procedures providing for an individual who is re-
quired to be fingerprinted for purposes of obtaining a trans-
portation security card under section 70105 of title 46, 
United States Code, the ability to be fingerprinted at any of 
not less than 20 facilities operated by or under contract with 
an agency of the Department of Homeland Security that fin-
gerprints the public for the Department. These facilities shall 
be in addition to facilities established under section 70105 of 
title 46, United States Code. 
(b) EXPIRATION.—The requirement made by subsection 
(a) expires 1 year after the date the Secretary establishes the 
facilities required under that subsection. 
SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS. 
Section 70105(b)(2) of title 46, United States Code, is 
amended— 
(1) in subparagraph (B), by inserting after ‘‘title’’ 
the following: ‘‘allowed unescorted access to a secure 
area designated in a vessel security plan approved under 
section 70103 of this title’’; and 
(2) in subparagraph (D), by inserting after ‘‘tank 
vessel’’ the following: ‘‘allowed unescorted access to a se-
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cure area designated in a vessel security plan approved 
under section 70103 of this title’’. 
SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES. 
Section 70112 of title 46, United States Code, is amend-
ed— 
(1) by amending subsection (b)(5) to read as fol-
lows: 
‘‘(5)(A) The National Maritime Security Advisory Com-
mittee shall be composed of— 
‘‘(i) at least 1 individual who represents the inter-
ests of the port authorities; 
‘‘(ii) at least 1 individual who represents the inter-
ests of the facilities owners or operators; 
‘‘(iii) at least 1 individual who represents the inter-
ests of the terminal owners or operators; 
‘‘(iv) at least 1 individual who represents the inter-
ests of the vessel owners or operators; 
‘‘(v) at least 1 individual who represents the inter-
ests of the maritime labor organizations; 
‘‘(vi) at least 1 individual who represents the inter-
ests of the academic community; 
‘‘(vii) at least 1 individual who represents the inter-
ests of State or local governments; and 
‘‘(viii) at least 1 individual who represents the inter-
ests of the maritime industry.
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‘‘(B) Each Area Maritime Security Advisory Committee 
shall be composed of individuals who represents the interests 
of the port industry, terminal operators, port labor organiza-
tions, and other users of the port areas.’’; and 
(2) in subsection (g)— 
(A) in paragraph (1)(A), by striking ‘‘2008;’’ 
and inserting ‘‘2020;’’; and 
(B) in paragraph (2), by striking ‘‘2006’’ and 
inserting ‘‘2018’’. 
SEC. 811. SEAMEN’S SHORESIDE ACCESS. 
Each facility security plan approved under section 
70103(c) of title 46, United States Code, shall provide a sys-
tem for seamen assigned to a vessel at that facility, pilots, 
and representatives of seamen’s welfare and labor organiza-
tions to board and depart the vessel through the facility in 
a timely manner at no cost to the individual. 
SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS 
CARGO. 
(a) NATIONAL STUDY.— 
(1) IN GENERAL.—The Secretary of the department 
in which the Coast Guard is operating shall— 
(A) initiate a national study to identify meas-
ures to improve the security of maritime transpor-
tation of especially hazardous cargo; and
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•HRES 1665 EH 
(B) coordinate with other Federal agencies, the 
National Maritime Security Advisory Committee, 
and appropriate State and local government officials 
through the Area Maritime Security Committees 
and other existing coordinating committees, to 
evaluate the waterside security of vessels carrying, 
and waterfront facilities handling, especially haz-
ardous cargo. 
(2) MATTERS TO BE INCLUDED.—The study con-
ducted under this subsection shall include— 
(A) an analysis of existing risk assessment in-
formation relating to waterside security generated 
by the Coast Guard and Area Maritime Security 
Committees as part of the Maritime Security Risk 
Analysis Model; 
(B) a review and analysis of appropriate roles 
and responsibilities of maritime stakeholders, in-
cluding Federal, State, and local law enforcement 
and industry security personnel, responsible for wa-
terside security of vessels carrying, and waterfront 
facilities handling, especially hazardous cargo, in-
cluding— 
(i) the number of ports in which State and 
local law enforcement entities are providing 
any services to enforce Coast Guard-imposed
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•HRES 1665 EH 
security zones around vessels transiting to, 
through, or from United States ports or to 
conduct security patrols in United States ports; 
(ii) the number of formal agreements en-
tered into between the Coast Guard and State 
and local law enforcement entities to engage 
State and local law enforcement entities in the 
enforcement of Coast Guard-imposed security 
zones around vessels transiting to, through, or 
from United States ports or the conduct of 
port security patrols in United States ports, 
the duration of those agreements, and the aid 
that State and local entities are engaged to 
provide through such agreements; 
(iii) the extent to which the Coast Guard 
has set national standards for training, equip-
ment, and resources to ensure that State and 
local law enforcement entities engaged in en-
forcing Coast Guard-imposed security zones 
around vessels transiting to, through, or from 
United States ports or in conducting port secu-
rity patrols in United States ports (or both) 
can deter to the maximum extent practicable a 
transportation security incident;
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•HRES 1665 EH 
(iv) the extent to which the Coast Guard 
has assessed the ability of State and local law 
enforcement entities to carry out the security 
assignments that they have been engaged to 
perform, including their ability to meet any na-
tional standards for training, equipment, and 
resources that have been established by the 
Coast Guard in order to ensure that those enti-
ties can deter to the maximum extent prac-
ticable a transportation security incident; 
(v) the extent to which State and local law 
enforcement entities are able to meet national 
standards for training, equipment, and re-
sources established by the Coast Guard to en-
sure that those entities can deter to the max-
imum extent practicable a transportation secu-
rity incident; 
(vi) the differences in law enforcement au-
thority, and particularly boarding authority, 
between the Coast Guard and State and local 
law enforcement entities, and the impact that 
these differences have on the ability of State 
and local law enforcement entities to provide 
the same level of security that the Coast Guard 
provides during the enforcement of Coast
224 
•HRES 1665 EH 
Guard-imposed security zones and the conduct 
of security patrols in United States ports; and 
(vii) the extent of resource, training, and 
equipment differences between State and local 
law enforcement entities and the Coast Guard 
units engaged in enforcing Coast Guard-im-
posed security zones around vessels transiting 
to, through, or from United States ports or 
conducting security patrols in United States 
ports; 
(C) recommendations for risk-based security 
measures to improve waterside security of vessels 
carrying, and waterfront facilities handling, espe-
cially hazardous cargo; and 
(D) identification of security funding alter-
natives, including an analysis of the potential for 
cost-sharing by the public and private sectors as 
well as any challenges associated with such cost- 
sharing. 
(3) INFORMATION
PROTECTION.—In carrying out 
the coordination necessary to effectively complete the 
study, the Commandant shall implement measures to en-
sure the protection of any sensitive security information, 
proprietary information, or classified information col-
lected, reviewed, or shared during collaborative engage-
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•HRES 1665 EH 
ment with maritime stakeholders and other Government 
entities, except that nothing in this paragraph shall con-
stitute authority to withhold information from— 
(A) the Congress; or 
(B) first responders requiring such information 
for the protection of life or property. 
(4) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Secretary of the De-
partment in which the Coast Guard is operating shall 
submit to the Committees on Homeland Security and 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the results 
of the study under this subsection. 
(b) NATIONAL STRATEGY.—Not later than 6 months 
after submission of the report required by subsection (a), the 
Secretary of the department in which the Coast Guard is op-
erating shall develop, in conjunction with appropriate Federal 
agencies, a national strategy for the waterside security of ves-
sels carrying, and waterfront facilities handling, especially 
hazardous cargo. The strategy shall utilize the results of the 
study required by subsection (a). 
(c) SECURITY OF ESPECIALLY HAZARDOUS CARGO.— 
Section 70103 of title 46, United States Code, is amended by 
adding at the end the following:
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•HRES 1665 EH 
‘‘(e) ESPECIALLY HAZARDOUS CARGO.— 
‘‘(1) ENFORCEMENT
OF
SECURITY
ZONES.—Con-
sistent with other provisions of Federal law, the Coast 
Guard shall coordinate and be responsible for the en-
forcement of any Federal security zone established by 
the Coast Guard around a vessel containing especially 
hazardous cargo. The Coast Guard shall allocate avail-
able resources so as to deter and respond to a transpor-
tation security incident, to the maximum extent prac-
ticable, and to protect lives or protect property in dan-
ger. 
‘‘(2) RESOURCE DEFICIENCY REPORTING.— 
‘‘(A) IN GENERAL.—When the Secretary sub-
mits the annual budget request for a fiscal year for 
the department in which the Coast Guard is oper-
ating to the Office of Management and Budget, the 
Secretary shall provide to the Committees on 
Homeland Security and Transportation and Infra-
structure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report that includes— 
‘‘(i) for the last full fiscal year preceding 
the report, a statement of the number of secu-
rity zones established for especially hazardous 
cargo shipments;
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•HRES 1665 EH 
‘‘(ii) for the last full fiscal year preceding 
the report, a statement of the number of espe-
cially hazardous cargo shipments provided a 
waterborne security escort, subdivided by Fed-
eral, State, local, or private security; and 
‘‘(iii) an assessment as to any additional 
vessels, personnel, infrastructure, and other re-
sources necessary to provide waterborne escorts 
to those especially hazardous cargo shipments 
for which a security zone is established. 
‘‘(B) ESPECIALLY
HAZARDOUS
CARGO
DE-
FINED.—In this subsection, the term ‘especially 
hazardous cargo’ means anhydrous ammonia, am-
monium nitrate, chlorine, liquefied natural gas, 
liquiefied petroleum gas, and any other substance, 
material, or group or class of material, in a par-
ticular amount and form that the Secretary deter-
mines by regulation poses a significant risk of cre-
ating a transportation security incident while being 
transported in maritime commerce.’’. 
(d) DEFINITIONS.—For the purposes of this section, the 
follow definitions apply: 
(1) ESPECIALLY
HAZARDOUS
CARGO.—The term 
‘‘especially hazardous cargo’’ means anhydrous ammo-
nia, ammonium nitrate, chlorine, liquefied natural gas,
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•HRES 1665 EH 
liquiefied petroleum gas, and any other substance, mate-
rial, or group or class of material, in a particular 
amount and form that the Secretary determines by regu-
lation poses a significant risk of creating a transpor-
tation security incident while being transported in mari-
time commerce. 
(2) AREA MARITIME SECURITY COMMITTEE.—The 
term ‘‘Area Maritime Security Committee’’ means each 
of those committees responsible for producing Area Mar-
itime Transportation Security Plans under chapter 701 
of title 46, United States Code. 
(3) TRANSPORTATION
SECURITY
INCIDENT.—The 
term ‘‘transportation security incident’’ has the same 
meaning as that term has in section 70101 of title 46, 
United States Code. 
SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 
Consistent with other provisions of law, the Secretary of 
the department in which the Coast Guard is operating shall 
make a recommendation, after considering recommendations 
made by the States, to the Federal Energy Regulatory Com-
mission as to whether the waterway to a proposed waterside 
liquefied natural gas facility is suitable or unsuitable for the 
marine traffic associated with such facility.
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SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANS-
PORTATION SECURITY CARDS. 
Section 70105 of title 46, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(n) The Secretary may use a secondary authentication 
system to verify the identification of individuals using trans-
portation security cards when the individual’s fingerprints are 
not able to be taken or read.’’. 
SEC. 815. ASSESSMENT OF TRANSPORTATION SECURITY CARD 
ENROLLMENT SITES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the de-
partment in which the Coast Guard is operating shall prepare 
an assessment of the enrollment sites for transportation secu-
rity cards issued under section 70105 of title 46, United 
States Code, including— 
(1) the feasibility of keeping those enrollment sites 
open after the date of enactment of this Act; and 
(2) the quality of customer service, including the 
periods of time individuals are kept on hold on the tele-
phone, whether appointments are kept, and processing 
times for applications. 
(b) TIMELINES AND BENCHMARKS.—The Secretary shall 
develop timelines and benchmarks for implementing the find-
ings of the assessment as the Secretary deems necessary.
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•HRES 1665 EH 
SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO 
MITIGATE THE THREAT OF SMALL BOAT ATTACK 
IN MAJOR PORTS. 
The Secretary of the department in which the Coast 
Guard is operating shall assess and report to Congress on the 
feasibility of efforts to mitigate the threat of small boat at-
tack in security zones of major ports, including specifically 
the use of transponders, radio frequency identification de-
vices, and high-frequency surface radar systems to track 
small boats. 
SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SE-
CURITY BACKGROUND CHECKS. 
Not later than 1 year after the date of enactment of this 
Act, the Comptroller General shall submit to the Committee 
on Homeland Security of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of 
the Senate a report that contains— 
(1) a review of background checks and forms of 
identification required under State and local transpor-
tation security programs; 
(2) a determination as to whether the background 
checks and forms of identification required under such 
programs duplicate or conflict with Federal programs; 
and 
(3) recommendations on limiting the number of 
background checks and forms of identification required
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•HRES 1665 EH 
under such programs to reduce or eliminate duplication 
with Federal programs. 
SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PEND-
ING ISSUANCE; DEADLINES FOR PROCESSING; RE-
CEIPT. 
(a) ACCESS; DEADLINES.—Section 70105 of title 46, 
United States Code, is further amended by adding at the end 
the following new subsections: 
‘‘(o) ESCORTING.—The Secretary shall coordinate with 
owners and operators subject to this section to allow any indi-
vidual who has a pending application for a transportation se-
curity card under this section or is waiting for reissuance of 
such card, including any individual whose card has been lost 
or stolen, and who needs to perform work in a secure or re-
stricted area to have access to such area for that purpose 
through escorting of such individual in accordance with sub-
section (a)(1)(B) by another individual who holds a transpor-
tation security card. Nothing in this subsection shall be con-
strued as requiring or compelling an owner or operator to 
provide escorted access. 
‘‘(p) PROCESSING TIME.—The Secretary shall review an 
initial transportation security card application and respond to 
the applicant, as appropriate, including the mailing of an Ini-
tial Determination of Threat Assessment letter, within 30 
days after receipt of the initial application. The Secretary
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•HRES 1665 EH 
shall, to the greatest extent practicable, review appeal and 
waiver requests submitted by a transportation security card 
applicant, and send a written decision or request for addi-
tional information required for the appeal or waiver deter-
mination, within 30 days after receipt of the applicant’s ap-
peal or waiver written request. For an applicant that is re-
quired to submit additional information for an appeal or 
waiver determination, the Secretary shall send a written deci-
sion, to the greatest extent practicable, within 30 days after 
receipt of all requested information.’’. 
(b) RECEIPT OF CARDS.— 
(1) REPORT BY COMPTROLLER GENERAL.—Within 
180 days after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report as-
sessing the costs, technical feasibility, and security meas-
ures associated with implementing procedures to deliver 
a transportation security card to an approved applicant’s 
place of residence in a secure manner or to allow an ap-
proved applicant to receive the card at an enrollment 
center of the individual’s choosing. 
(2) PROCESS
FOR
ALTERNATIVE
MEANS
OF
RE-
CEIPT.—If the Comptroller General finds in the final re-
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•HRES 1665 EH 
port under paragraph (1) that it is feasible for a trans-
portation security card to be sent to an approved appli-
cant’s place of residence in a secure manner, the Sec-
retary shall, within 1 year after the date of issuance of 
the final report by the Comptroller General, implement 
a secure process to permit an individual approved for a 
transportation security card to receive the card at the 
applicant’s place of residence or at the enrollment center 
of the individual’s choosing. The individual shall be re-
sponsible for any additional cost associated with the se-
cure delivery of a transportation security card. 
SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS. 
Section 70105(b) of title 46, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(6) The Secretary may extend for up to one year the 
expiration of a biometric transportation security card re-
quired by this section to align the expiration with the expira-
tion of a license, certificate of registry, or merchant mariner 
document required under chapter 71 or 73.’’. 
SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY. 
(a) IN GENERAL.—Chapter 701 of title 46, United 
States Code, is further amended by adding at the end the fol-
lowing:
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•HRES 1665 EH 
‘‘SEC. 70124. REGULATIONS. 
‘‘Unless otherwise provided, the Secretary may issue reg-
ulations necessary to implement this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
chapter 701 of such title is further amended by adding at the 
end the following new item: 
‘‘70124. Regulations.’’. 
SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION. 
(a) PORT SECURITY TRAINING PROGRAM.—Chapter 701 
of title 46, United States Code, is further amended by adding 
at the end the following: 
‘‘§ 70125. Port security training for facility security offi-
cers 
‘‘(a) FACILITY SECURITY OFFICERS.—The Secretary 
shall establish comprehensive facility security officer training 
requirements designed to provide full security training that 
would lead to certification of such officers. In establishing the 
requirements, the Secretary shall— 
‘‘(1) work with affected industry stakeholders; and 
‘‘(2) evaluate— 
‘‘(A) the requirements of subsection (b); 
‘‘(B) existing security training programs em-
ployed at marine terminal facilities; and 
‘‘(C) existing port security training programs 
developed by the Federal Government.
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•HRES 1665 EH 
‘‘(b) REQUIREMENTS.—The training program shall pro-
vide validated training that— 
‘‘(1) provides training at the awareness, perform-
ance, management, and planning levels; 
‘‘(2) utilizes multiple training mediums and meth-
ods; 
‘‘(3) establishes a validated provisional on-line cer-
tification methodology; 
‘‘(4) provide for continuing education and training 
for facility security officers beyond certification require-
ments, including a program to educate on the dangers 
and issues associated with the shipment of hazardous 
and especially hazardous cargo; 
‘‘(5) addresses port security topics, including— 
‘‘(A) facility security plans and procedures, in-
cluding how to develop security plans and security 
procedure requirements when threat levels are ele-
vated; 
‘‘(B) facility security force operations and 
management; 
‘‘(C) physical security and access control at fa-
cilities; 
‘‘(D) methods of security for preventing and 
countering cargo theft; 
‘‘(E) container security;
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•HRES 1665 EH 
‘‘(F) recognition and detection of weapons, 
dangerous substances, and devices; 
‘‘(G) operation and maintenance of security 
equipment and systems; 
‘‘(H) security threats and patterns; 
‘‘(I) security incident procedures, including 
procedures for communicating with governmental 
and nongovernmental emergency response providers; 
and 
‘‘(J) evacuation procedures; 
‘‘(6) is consistent with, and supports implementa-
tion of, the National Incident Management System, the 
National Response Plan, the National Infrastructure 
Protection Plan, the National Preparedness Guidance, 
the National Preparedness Goal, the National Maritime 
Transportation Security Plan, and other such national 
initiatives; 
‘‘(7) is evaluated against clear and consistent per-
formance measures; 
‘‘(8) addresses security requirements under facility 
security plans; 
‘‘(9) addresses requirements under the Inter-
national Code for the Security of Ships and Port Facili-
ties to address shore leave for mariners and access to
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•HRES 1665 EH 
visitors, representatives of seafarers’ welfare organiza-
tions, and labor organizations; and 
‘‘(10) such other subject matters as may be pre-
scribed by the Secretary. 
‘‘(c) CONTINUING SECURITY TRAINING.—The Secretary, 
in coordination with the Secretary of Transportation, shall 
work with State and local law enforcement agencies and in-
dustry stakeholders to develop and certify the following addi-
tional security training requirements for Federal, State, and 
local officials with security responsibilities at United States 
seaports: 
‘‘(1) A program to familiarize them with port and 
shipping operations, requirements of the Maritime 
Transportation Security Act of 2002 (Public Law 107– 
295), and other port and cargo security programs that 
educates and trains them with respect to their roles and 
responsibilities. 
‘‘(2) A program to familiarize them with dangers 
and potential issues with respect to shipments of haz-
ardous and especially hazardous cargoes. 
‘‘(3) A program of continuing education as deemed 
necessary by the Secretary. 
‘‘(d) TRAINING PARTNERS.—In developing curriculum 
and delivering training established pursuant to subsections 
(a) and (c), the Secretary, in coordination with the Maritime
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•HRES 1665 EH 
Administrator of the Department of Transportation and con-
sistent with section 109 of the Maritime Transportation Se-
curity Act of 2002 [46 U.S.C. 70101 note], shall work with 
institutions with maritime expertise and with industry stake-
holders with security expertise to develop appropriate training 
capacity to ensure that training can be provided in a geo-
graphically balanced manner to personnel seeking certifi-
cation under subsection (a) or education and training under 
subsection (c). 
‘‘(e) ESTABLISHED GRANT PROGRAM.—The Secretary 
shall issue regulations or grant solicitations for grants for 
homeland security or port security to ensure that activities 
surrounding the development of curriculum and the provision 
of training and these activities are eligible grant activities 
under both grant programs.’’. 
(b) CONFORMING AMENDMENT.—Section 113 of the 
SAFE Port Act (6 U.S.C. 911) is repealed. 
(c) TABLE OF CONTENTS AMENDMENT.—The table of 
contents for chapter 701 of title 46, United States Code, is 
further amended by adding at the end the following: 
‘‘70125. Port security training for facility security officers.’’. 
SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS 
WITH LOCAL PORT AUTHORITIES, STATE HARBOR 
DIVISIONS, AND LAW ENFORCEMENT AGENCIES. 
Section 70102 of title 46, United States Code, is amend-
ed by adding at the end thereof the following:
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•HRES 1665 EH 
‘‘(c) SHARING OF ASSESSMENT INTEGRATION OF PLANS 
AND EQUIPMENT.—The owner or operator of a facility, con-
sistent with any Federal security restrictions, shall— 
‘‘(1) make a current copy of the vulnerability as-
sessment conducted under subsection (b) available to the 
port authority with jurisdiction of the facility and appro-
priate State or local law enforcement agencies; and 
‘‘(2) integrate, to the maximum extent practical, 
any security system for the facility with compatible sys-
tems operated or maintained by the appropriate State, 
law enforcement agencies, and the Coast Guard.’’. 
SEC. 823. TRANSPORTATION SECURITY CARDS. 
Section 70105 of title 46, United States Code, is further 
amended by adding at the end thereof the following: 
‘‘(q) RECEIPT AND ACTIVATION OF TRANSPORTATION 
SECURITY CARD.— 
‘‘(1) IN GENERAL.—Not later than one year after 
the date of publication of final regulations required by 
subsection (k)(3) of this section the Secretary shall de-
velop a plan to permit the receipt and activation of 
transportation security cards at any vessel or facility de-
scribed in subsection (a) of this section that desires to 
implement this capability. This plan shall comply, to the 
extent possible, with all appropriate requirements of
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•HRES 1665 EH 
Federal standards for personal identity verification and 
credential. 
‘‘(2) LIMITATION.—The Secretary may not require 
any such vessel or facility to provide on-site activation 
capability.’’. 
SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICA-
TIONS 
EQUIPMENT 
AT 
INTERAGENCY 
OPER-
ATIONAL CENTERS. 
Section 70107A of title 46, United States Code, is 
amended— 
(1) by redesignating subsections (e) and (f) as sub-
sections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the following: 
‘‘(e) DEPLOYMENT
OF INTEROPERABLE COMMUNICA-
TIONS EQUIPMENT
AT INTERAGENCY OPERATIONAL CEN-
TERS.—The Secretary, subject to the availability of appro-
priations, shall ensure that interoperable communications 
technology is deployed at all interagency operational centers 
established under subsection (a) and that such technology 
and equipment has been tested in live operational environ-
ments before deployment.’’. 
SEC. 825. INTERNATIONAL PORT AND FACILITY INSPECTION 
COORDINATION. 
(a) COORDINATION.—The Secretary of the department 
in which the Coast Guard is operating shall, to the extent
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•HRES 1665 EH 
SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGA-
TION PLAN. 
Section 70103(b)(2) of title 46, United States Code, is 
amended— 
(1) by redesignating subparagraphs (E) through 
(G) as subparagraphs (F) through (H), respectively; and 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) establish area response and recovery protocols 
to prepare for, respond to, mitigate against, and recover 
from a transportation security incident consistent with 
section 202 of the SAFE Port Act of 2006 (6 U.S.C. 
942) and subsection (a) of this section;’’. 
SEC. 827. RISK BASED RESOURCE ALLOCATION. 
(a) NATIONAL STANDARD.—Within 1 year after the date 
of enactment of this Act, in carrying out chapter 701 of title 
46, United States Code, the Secretary of the department in 
which the Coast Guard is operating shall develop and utilize 
a national standard and formula for prioritizing and address-
ing assessed security risks at United State ports and facilities 
on or adjacent to the waterways of the United States, such 
as the Maritime Security Risk Assessment Model that has 
been tested by the Department of Homeland Security. 
(b) USE BY MARITIME SECURITY COMMITTEES.—Within 
2 years after the date of enactment of this Act, the Secretary 
shall require each Area Maritime Security Committee to use
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this standard to regularly evaluate each port’s assessed risk 
and prioritize how to mitigate the most significant risks. 
(c) OTHER USES OF STANDARD.—The Secretary shall 
utilize the standard when considering departmental resource 
allocations and grant making decisions. 
(d) USE OF MARITIME RISK ASSESSMENT MODEL.— 
Within 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is op-
erating shall make the United States Coast Guard’s Maritime 
Security Risk Assessment Model available, in an unclassified 
version, on a limited basis to regulated vessels and facilities 
to conduct true risk assessments of their own facilities and 
vessels using the same criteria employed by the Coast Guard 
when evaluating a port area, facility, or vessel. 
SEC. 828. PORT SECURITY ZONES. 
(a) IN GENERAL.—Section 701 of title 46, United 
States Code, is amended by adding at the end the following: 
‘‘SUBCHAPTER II—PORT SECURITY ZONES 
‘‘§ 70131. Definitions 
‘‘In this subchapter: 
‘‘(1) LAW ENFORCEMENT AGENCY.—The term ‘law 
enforcement agency’ means an agency of a State, a polit-
ical subdivision of a State, or a Federally recognized 
tribe that is authorized by law to supervise the preven-
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tion, detection, investigation, or prosecution of any viola-
tion of criminal law. 
‘‘(2) SECURITY
ZONE.—The term ‘security zone’ 
means a security zone, established by the Commandant 
of the Coast Guard or the Commandant’s designee pur-
suant to section 1 of title II of the Act of June 15, 1917 
(50 U.S.C. 191) or section 7(b) of the Ports and Water-
ways Safety Act (33 U.S.C. 1226(b)), for a vessel car-
rying especially hazardous cargo when such vessel— 
‘‘(A) enters, or operates within, the internal 
waters of the United States and the territorial sea 
of the United States; or 
‘‘(B) transfers such cargo or residue in any 
port or place, under the jurisdiction of the United 
States, within the territorial sea of the United 
States or the internal waters of the United States. 
‘‘§ 70132. Credentialing standards, training, and certifi-
cation for State and local support for the en-
forcement of security zones for the transpor-
tation of especially hazardous cargo 
‘‘(a) STANDARD.—The Commandant of the Coast Guard 
shall establish, by regulation, national standards for training 
and credentialing of law enforcement personnel— 
‘‘(1) to enforce a security zone; or 
‘‘(2) to assist in the enforcement of a security zone.
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‘‘(b) TRAINING.— 
‘‘(1) The Commandant of the Coast Guard— 
‘‘(A) shall develop and publish a training cur-
riculum for— 
‘‘(i) law enforcement personnel to enforce 
a security zone; 
‘‘(ii) law enforcement personnel to enforce 
or assist in the enforcement of a security zone; 
and 
‘‘(iii) personnel who are employed or re-
tained by a facility or vessel owner to assist in 
the enforcement of a security zone; and 
‘‘(B) may— 
‘‘(i) test and deliver such training, the 
curriculum for which is developed pursuant to 
subparagraph (A); 
‘‘(ii) enter into an agreement under which 
a public entity (including a Federal agency) or 
private entity may test and deliver such train-
ing, the curriculum for which has been devel-
oped pursuant to subparagraph (A); and 
‘‘(iii) may accept a program, conducted by 
a public entity (including a Federal agency) or 
private entity, through which such training is
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delivered the curriculum for which is developed 
pursuant to subparagraph (A). 
‘‘(2) Any Federal agency that provides such train-
ing, and any public or private entity that receives mon-
eys, pursuant to section 70107(b)(8) of this title, to pro-
vide such training, shall provide such training— 
‘‘(A) to law enforcement personnel who enforce 
or assist in the enforcement of a security zone; and 
‘‘(B) on an availability basis to— 
‘‘(i) law enforcement personnel who assist 
in the enforcement of a security zone; and 
‘‘(ii) personnel who are employed or re-
tained by a facility or vessel owner or operator 
to assist in the enforcement of a security zone. 
‘‘(3) If a Federal agency provides the training, the 
head of such agency may, notwithstanding any other 
provision of law, accept payment from any source for 
such training, and any amount received as payment shall 
be credited to the appropriation, current at the time of 
collection, charged with the cost thereof and shall be 
merged with, and available for, the same purposes of 
such appropriation. 
‘‘(4) Notwithstanding any other provision of law, 
any moneys, awarded by the Department of Homeland 
Security in the form of awards or grants, may be used
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by the recipient to pay for training of personnel to assist 
in the enforcement of security zones and limited access 
areas. 
‘‘(c) CERTIFICATION; TRAINING PARTNERS.—In devel-
oping and delivering training under the training program, the 
Secretary, in coordination with the Maritime Administrator of 
the Department of Transportation, and consistent with sec-
tion 109 of the Maritime Transportation Security Act of 
2002 (46 U.S.C. 70101 note), shall— 
‘‘(1) work with government training facilities, aca-
demic institutions, private organizations, employee orga-
nizations, and other entities that provide specialized, 
state-of-the-art training for governmental and non-
governmental emergency responder providers or commer-
cial seaport personnel and management; 
‘‘(2) utilize, as appropriate, government training fa-
cilities, courses provided by community colleges, public 
safety academies, State and private universities, and 
other facilities; and 
‘‘(3) certify organizations that offer the curriculum 
for training and certification.’’. 
(b) GRANTS; ADMINISTRATION.—Section 70107 of title 
46, United States Code, is amended—
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(1) by striking ‘‘services.’’ in subsection (a) and in-
serting ‘‘services and to train law enforcement personnel 
under section 70132 of this title.’’; 
(2) by adding at the end of subsection (b) the fol-
lowing: 
‘‘(8) The cost of training law enforcement per-
sonnel— 
‘‘(A) to enforce a security zone under section 
70132 of this title; or 
‘‘(B) assist in the enforcement of a security 
zone.’’; 
(3) by adding at the end of subsection (c)(2) the 
following: 
‘‘(C) TRAINING.—There are no matching re-
quirements for grants under subsection (a) to train 
law enforcement agency personnel in the enforce-
ment of security zones under section 70132 of this 
title or in assisting in the enforcement of such secu-
rity zones.’’; and 
(4) by striking ‘‘2011’’ in subsection (l) and insert-
ing ‘‘2013’’. 
(c) CONFORMING AMENDMENTS.— 
(1) SUBCHAPTER I DESIGNATION.—Chapter 701 of 
title 46, United States Code, is amended by inserting be-
fore section 70101 the following:
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‘‘SUBCHAPTER I—GENERAL’’. 
(2) TABLE
OF
CONTENTS
AMENDMENTS.—The 
table of contents for chapter 701 of title 46, United 
States Code, is amended— 
(3) by inserting before the item relating to section 
70101 the following: 
‘‘Subchapter I—General’’; 
and 
(4) by adding at the end the following: 
‘‘SUBCHAPTER II—PORT SECURITY ZONES 
‘‘70131. Definitions. 
‘‘70132. Credentialing standards, training, and certification for State and local 
support for the enforcement of security zones for the transpor-
tation of especially hazardous cargo.’’. 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. WAIVERS. 
(a) GENERAL COASTWISE WAIVER.—Notwithstanding 
section 12112 and chapter 551 of title 46, United States 
Code, the Secretary of the department in which the Coast 
Guard is operating may issue a certificate of documentation 
with a coastwise endorsement for the following vessels: 
(1) ZIPPER (State of New York regulation number 
NY3205EB). 
(2) GULF DIVER IV (United States official num-
ber 553457).
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(b) GALLANT LADY.—Section 1120(c) of the Coast 
Guard Authorization Act of 1996 (110 Stat. 3977) is amend-
ed— 
(1) in paragraph (1)— 
(A) by striking ‘‘of Transportation’’ and insert-
ing ‘‘of the department in which the Coast Guard 
is operating’’; and 
(B) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) the vessel GALLANT LADY (Feadship 
hull number 672, approximately 168 feet in 
length).’’; 
(2) by amending paragraph (3) to read as follows: 
‘‘(3) CONDITION.—The only nonrecreational activity 
authorized for the vessel referred to in subparagraph (A) 
of paragraph (1) is the transportation of individuals on 
behalf of an organization described in section 501(c)(3) 
of the Internal Revenue Code of 1986 and exempt from 
tax under section 501(a) of such Code, for which the 
owner of the vessel receives no compensation.’’; 
(3) by striking paragraph (4) and redesignating 
paragraph (5) as paragraph (4); and 
(4) in paragraph (4) (as so redesignated) by strik-
ing all after ‘‘shall expire’’ and inserting ‘‘on the date of 
the sale of the vessel by the owner.’’.
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(c) ACTIVITY OF CERTAIN VESSELS.— 
(1) IN
GENERAL.—Section 12102 of title 46, 
United States Code, is amended by adding at the end 
the following: 
‘‘(d) AQUACULTURE WAIVER.— 
‘‘(1) PERMITTING OF NONQUALIFIED VESSELS TO 
PERFORM
CERTAIN
AQUACULTURE
SUPPORT
OPER-
ATIONS.—Notwithstanding section 12113 and any other 
law, the Secretary of Transportation may issue a waiver 
allowing a documented vessel with a registry endorse-
ment or a foreign flag vessel to be used in operations 
that treat aquaculture fish for or protect aquaculture 
fish from disease, parasitic infestation, or other threats 
to their health if the Secretary finds, after publishing a 
notice in the Federal Register, that a suitable vessel of 
the United States is not available that could perform 
those services. 
‘‘(2) PROHIBITION.—Vessels operating under a 
waiver issued under this subsection may not engage in 
any coastwise transportation.’’. 
(2) IMPLEMENTING AND INTERIM REGULATIONS.— 
The Secretary of the department in which the Coast 
Guard is operating shall, in accordance with section 553 
of title 5, United States Code, and after public notice 
and comment, promulgate regulations necessary and ap-
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(B) any department, agency, or instrumentality 
of the United States, except as provided in section 
3(b)(2); or 
(C) any other government entity. 
(10) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the department in which the Coast 
Guard is operating. 
(11) SELL OR DISTRIBUTE.—The term ‘‘sell or dis-
tribute’’ means to distribute, sell, offer for sale, hold for 
distribution, hold for sale, hold for shipment, ship, de-
liver for shipment, release for shipment, import, export, 
hold for import, hold for export, or receive and (having 
so received) deliver or offer to deliver. 
(12) VESSEL.—The term ‘‘vessel’’ has the meaning 
given that term in section 3 of title 1, United States 
Code, including hydrofoil boats, air cushion watercraft, 
submersibles, floating craft, fixed or floating platforms, 
floating storage units, and floating production, storage, 
and offloading units. 
(13) TERRITORIAL SEA.—The term ‘‘territorial sea’’ 
means the territorial sea as described in Presidential 
Proclamation No. 5928 on December 27, 1988. 
(14) UNITED STATES.—The term ‘‘United States’’ 
means the several States of the United States, the Dis-
trict of Columbia, Puerto Rico, Guam, American Samoa,